Clark Chapman & Co., Limited Steam & Electric Marine Winches, Pulverized Fuel Equipment, High Pressure Steam. Bollers, Electric Motors and Generators.
ENGINEERING EQUIPMENT CORS HIKEA SHängmi Bank Bldg. T¢6
JOHN CLARKE'S CASEBOOK
The Sad Habit
IT
sald
the
"AL this point." was impossible to guess what might have been policeman, reporting the matter
at Bow Street next morning,
the origin of the grey outer made up my mind to arrest garment that All wore, the prisoner for begging. But Possibly it had once been a just as I was about to take his raincoat, whose owner, while orm, another lady came up and wearing it, had been dragged offered him a sixpence. through some fast-moving, "This man made no reply sabre-sharp machinery and when I sald I was going to the lady who survived only to be savaged chargo him, but by a wild beast; or perhaps gave him the 6d. did say he had it had dressed a dummy on not asked her for it." which 1 razor-gang had practised, or done service as 1671 upper topgallant on a sailing ship stripped by a Kale
All, in the dock, was all this time grinning and grimacing to himself and carrying on as if be found himself the, wittiest company in
Sir the world. Dunne, the Laurence
Chief Whatever its history, the Magistrate, interrupted his garment, which All wore reverie, and - asked what he wrapped close about him like a wanted to say. shroud, was probably the most tattered article of clolfing ever worn in the dock at Bow Street, Which is suying a good deal.
these leddles give me money,"
"Nothin', 'cept come up and he said.
Yet the flimsy -rebe-Would The case found proved, and
sorve its purpose well, if that purpose were to generate pity
Sir Laurence was told that for its owner,
rather than to All had other convictions for keep him warm; and as Alt, who begging. He was 35 years old originally was a sailor, is at and had been five years in this present a beggar by trade, it country. seems likely that the robe old have such a function.
.
•
y don't you go away,
Sir Laurence asked him. Ali grinned, but said nothing. POLICEMAN saw him wear-Would you go if you got the chance?" Sir Laurence asked ing it in the Strand the
And other day,
forlornly him, and now alien and pathetic creature he free trip to the
lean, said: "Certainly."
a
must have looked, this
"Work your
Indian who crouched against a shopwindow out of the wind, you'd be
his teeth chaltering, hand
inverted
Spare
outstretched Jike an
claw.
•
much
Ali, scenting
East, perhaps,
passage home, happier back
•
his right there," Sir Laurence said. Ali's face fell, and he did not deign to reply. the price of a cup of coffee, sahib, he cried out in a was sent to prison for a
TE
leaned month, and thin, whining voice, to men who
the possed by. But sahibs were in chief clerk was instructed by the short supply in the Strand that Chief Magistrate to inquire of
and no men stopped.
All's High Commissioner about The policeman continued his the possibilitics of shipping him
and now he saw two home.
nged women como All bowed and left the court, within All's
"Memsahib Going, he flung aside his pitiable range. mensahib...." he walled. rags: and had they been there,
teay:
Wadle
Perhaps the two women had
had the nemadhibe who had sup- nce lived in India, and Ali's cry ported him would have been reminded them of
able to see that he wore, beneath former splendours. They opened their lis, sad habit a neat brown sult purses and put into All's poised that looked as though it had just hand silver coins,
come from a good tailor.
MODE ELITE
22 Queen's Rd., C.
Tel: 24052.
CHINA MAIL
Established 1845
FRIDAY, OCTOBER 24, 1952.
SIDE GLANCES
By Galbraith
gallumette
9-13
T. M. Bớp. U. &. PAL OT.
Copt, 1952 by NKA Bəralar, Ing
"This piano is dumb! If you'd put the money into a grind organ and monkey I could set up a nice little business!"
"Astonishing Poetry" Read In Divorce Case
London, Oct. 23.
Extracts from a "most astonishing piece of poetry" written by a wife while she and her schoolteacher husband were staying in the house of a headmaster in Malaya were read by Mr Justice Pilcher in the Divorce Court here today.
In the evenings, said the judge, the husband listened to a radiogram while his wife and the headmaster were in another room.
The family's
favourite refresher
WATSONS
Harbour Collision: Today's Judgment In Court Action
Judgment was delivered by Mr Justice Recce in the Admiralty Juris- diction this morning for Truls, Ltd, owners of the ship Bris, in an action for damages brought against the Far East Enterprising, Co., Inc, owners of the vessel Oriental, arising out of a collision in the harbour during rough weather in the early hours of September 8, 1949.
and
A
The Hon. Leo d'Almada, QC, he must show that the party 'in the course of his judgment owners having Mr John McNeill, QC, against whom he complains was said: "...The instructed by Mr A. R. O'Dowd in the wrong. The burden of proved fault on the part of the Booth, of Deacons, appeared or proof is upon him and bo must pilot sufficient to cause, and in the plainting (Truls, Ltd) while show that the loss is attribut- fact causing, the calamity, must Mr D. A. L. Wright and Mr able to the negligence of the therefore in absence of proof of S. V. Gittins, both instructed other party. But negligence contributory fault of the crew, Mr H. Caine, of Johnson, may be inferred; according to be held to have satisfied the ty Stokes and Master, represented the doctrine of res without proof and are not to be call-
on which Condition
exemption the owners of the Oriental. from facis proved
His Lordship directed that all of any specifle act of negligence, ed on to adduce proof of questions as to the amount of and in the case of the Indus negative
character, to damages be referred to the (1886) 12 P.D. 40, to which my the mere possibility or con- Registrar to be assessed by him. attention has been directed, it tributory fault. It may be that The full text of the judgment has been held that the fact that in the course of the evidence of follows:
the plaintiffs' vessel at time the
the
fix the res
on the pilot, The plaintiffs, owners of the of the collision was at anchor ponsibility solely ss Bris, have brought this ac- and could be seen was prime certain acts or omissions on the on part of crow may come out; tlon for damage sustained by facle evidence of negligence on
then be incumbent their ship, the Bris, as a result the part of the defendants, and and it will
the owners to show satis- a collision between the Bris that the burden of proof was
factorily that those acts or und the ship Oriental, There was upon them to rebut the presump omissions in
no degree con- also an action by the Orientation of liability,
tributed to the accident.” against
Bris for damage sustained.
NEGLIGENCE
of
the
BO, and
at
for
CASE ESTABLISHED
the
*
1
on
owners to
опсо
01
"it is clear that the wife, either? Service. He had been a mineral she was carrying the proves the captain of the "Bris" had evidence acts or omissions have
"Forget If you can this ruthless man, the painted woman under his spell;
"Think can he care No, No;
a
"This woman had by then lost The parties were tempera- all interest in her husband and mentally opposed except for was having a little quasi roman- their common love of music and tic conversation with Mr Swan." the marriage has broken down
ALLEGED CRUELTY
hopelessly, he added-Reuter.
which
The case was one in Mrs Laura Annle Bennett, Killrise, Harrogate, sought д divorce
the ground of cruelty by her husband, Mr Denis Bennett, of Park Avenue; Royston, Yorkshire,
оп
Funeral Of
and
the
on our
of the
that
the
Living Langudge
Why we Bay Symbol.
The Greek words syn-ballein meant "put together" and they were applied to a tally or coin which, had been broken In two. A man carrying one half would know that a message brought to him
was true if it came accom- panied by the second half. Thus a syn-ballein came to mean proof or evidence of something. else, and the present- day "symbol" thus means a sign or repre sentation.
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Mca.
FRIDAY, OCTOBER 24 Dy Alr Formosa, Okinawa, Japan, U.A.A. (Beattie & Western States) Canada. 4.30 p.m. H.K.A./NWAI
Biarn,
Pakistan, Bursa, India. Ceylon, Middle East, Africa, Great Britain, Europe, Malaya, Indonesia. Australia, Now Zealand, B p.m.. B.O.A.C.
By Euriare Macao, (2.p.m.; 0 p.m., s Tal Loy/Tax Shing,
BATURDAY, OCTOBER (25 By Air
· Philippines, Guam, Hawall, USA. Canada, 8 s.m., via P.A.L.
UB.A., Canada, 3 p.m., PAA, Indo-Chins, France, French North and West Africa, 4.30 pm. Alt Vietntpe
Siam, Burma, India. 4.30 pm.
Japan, 0 pm., D.O.A.C.
By Surface
Macao, 2 pm, 6 pan.,, as Tai Loy!
China, People's Republic, 9.3 «m. 5 p.m., train via Canton,
Malaya, Ceylon Aden, Middle East, Great Britain, Europe, 10 am., 19 Beacleuch.
Japan, Hawall, U.3.A., Central & South. Amarion, 10 a.m. se America Formosa, 2 pm, ss Sheng_King.
as tikage Maru. Slam, 2 p.; OCTOBER 28,
BY AN
Zealand, 430 pm, via CPA
Malaya, Indonesia, Australia. Now ! "Formosa, “Japan, · 2 ·p.m... CALI
Bahrain, Blam, Pakistan,
Grest Britain, Europe, m. BоAC.
Burface Maono, 2 p.m. as Tei Loy.
· MONDAY, OCTOBER 27
By Air Philippines, Guam, Hawall, 3.5.A. (Ban Francisco), Noon via P.A.A.
Philippines, N. Borneo, 130-pm, C.P.A.
Malaya, Indonesia, Australis, New
zealand, 4.35 p.m. C.P.4.
Formosa, 1.8.A. (Seattle Western States) · Canada, 4.30 p.m. R.K.A..W.AL.
Indo-Chine. (Tonkin only). 4.30) p.m. C.P.A.
Pakistan, Slam, Burma, India, Middle East,“ Affim, Great Britain,
fouled the anchor chain of the against being supposed to sticking out of the water. This Europe. 6 p.m., B.O.A.C.
Japan, a p.m. 3.0.A.C.
On the night of the 7th/8th Applying this principle to the September, the Bris was wing
It seems to me to be clear on' anchor in Hongkong harbour, case before me, I am of opinion these authorities that
that on the evidence the plain- prima facie case of negligence moored to Buoy Oriental at Buoy B12. From the have established a prima has been made out its gen
facie case
the Oriental the defendant to rebut this and against preliminary acts fled
both
is ships, there is disagreement as andy that the collision and re-un le required to show that he
the Oriental to it is not the law that the plain to the condition of the weather.
describes the
the weather
sulting damage was occasioned was not in any way contri- The Brig
no fault on their part. But as dark and stormy.
He is butorily with oc-
negligent.
hot no evidence has been adduced obliged to exonerate himself by rain squalls and no
and casional
behalf of the or fair, whereas
Oriental and indefinite negation, to use the the Orlen
states heavy Mr Wright for the Oriental en language of Lord Selborne In merely
deavoured rain and poor
by cross-examination the case just cited. The visibility. The Bris
of Mr Sraith,
who was called 102, then, is, has Mr WOR the plaintiffs, to show that succeeded in showing that in lights for A ship at anchor in collaboration with the head- for seven years and a
regular over 160 ft, prescribed for the not paid out the full 90 fathoms come out which establish a similar period, prevention of collisions at sea, of cable in the port locker that the plaintiffs were contributorily Thal Airways. master, Mr Swan, or by herself, soldier for wrote the poetry of plagiarised then by hard work became a
and the Oriental was also carry-he would have been able to re- negligent. roughlshing anchor ilghts.
have carefully it from some author. As poetry teacher. He was
accustomed to bad
the buoy lease the ship from 10y examined the de bene. it is contemptible and nonsense, man,
Evidence From the evidence taken de before the actual collision so to taken on behalf of the plaintif but it throws some light on what language.
bene esse before the Registrar of avoid the collision was going through her mind."
Of the wife, His Lordship the Master of the Bris, Andreas
given by Mr
Particularly the said, "she enjoyed parties and Bidfold, and Olav Hardel, at fore he was guilty of negde i have considered the evidence Tak Shing The judge quoted from
about 1.30 am. on the 8th, the
which contributed to the cal-the cross-to
relating admiration of the other sex, was Oriental appeared to be adrift lision. рост:
This argument would to the inability to free the ship by releasing the chain. I have a talented dancer and something
and moving towards the Bris. On seem to propound doctrine
D of an actress and mimic.
She
the instructions of Captain that a plaintiff must prove he examined the evidente concern of any Eldjold, the Bris slacked cable ent, for I have already liked being the centre
was not contributorily
ing the damage to the windlass negli-resulting in its being put out of party. I do not think she al-
and moved ahead on her engine,
found lowed herself to be browbeaten helm te starboard, in the hope that a prima facie case of action. I have come to the con- for you: by her husband."
that the Oriental would drift negligence has been established the evidence which would justify clusion that there is nothing in "After" referring to alleged in-clear. But the Oriental hit the against the Oriental and it has
me in
in Ending that the plaintiffs In a "It seems that now I have cidents of cruelty by Mr Ben-mooring buoy of the Bris. Both not been rebutted.
Captain Eldjoid and Mr Hardel mon law action
a come in any way for negligence contributed
by slipped from out of my Swan nett to his wife in Malaya, the
their negligence to collision and say that the visibility was haven into storms..."
judge said he was satisfied the
falr in a running down case by a the damage subsequently. re and that they could see the train at a level crossing, Smith sulting therefrom. was never physically hurt and
In Oriental. His Lordship sold it was the petition would be dismiss
v. South Eastern Raliway Co. Oriental's preliminary Act, it is clearly some reference
to Med.
Hardel stated that before (1890), Q.B.D. 178 at 189, the stated under paragraph Xil that Mr Swan.
she hit the buoy the Oriental did opinion was expressed that in at 01.30 the engines were, at full not seam to make any headway an action for negligence to raise speed ahead under hard-n-port and the propeller blades did not
a presumption of negligence in heim. But having regard to the Captain seem to be moving, Eldjold also gave evidence that the defendant it is not incum-evidence of the Master of the he could see the propeller blade bent on the plaintiff, in the first Bris, Mr Etajoid, to which I of the Oriental standing upright. Instance,
to prove
absence of have already referred, viz, "As After hitting the
the negligence on his past, Kay J. the-came buoy,
looked buoy, I evidence is that the Oriental stating "I wish to guard myself at her stern and could see part
con-of one;
propeller blades Bris and soon after came into cur in the view that, in order collision with the Bris, the stern to establish his cause of action, was before the struck the buoy! of the Oriental striking the stem it is the plaintiff's duty to show and to the evidence of Mr of the Bris. Both the Captain that he was not guilty of con- Hardel-"Before she hit and 2nd Officer of the Bris-Mr tributory negligence.
buoy, she did not seem to make am di buo Eldjold and Mr Hardel-say in posed at present to think it is any headway and the propelier's their evidence that the collision not so; a party is not ordinari-blades did not seem to be mov- Ing. I cannot but find as a fact The funeral of Rita Smith, took place at 1,50 am, and about ly bound to prove # negative that at 01.30 the Oriental's 23-month-old daughter of Mr 1.35 a.m. respectively. And and contributory negligence and Mrs H. J. Smith, found whereas the preliminary act of seems to be rather a defence to engines were not at full speed drowned in a gold@sh pond at the Bris puts the time when the the
there Is some conflict of In view of my findings and her parents' home, 18, Stanley vessels first came into collision the action; but I observe that ahead Beach Road,
In a judgment he delivered on Wednesday at about 1.30 am, on the 8th
authority on the point, and I since the prima tacto case of afternoon.
this morning the Pulsne Judge, took place at the September, the time of collision wish to reserve my judgment on negligence against the Oriental Catholic Chapel the morning. in the preliminary act of the
that question."
has not been rebutted judgment Mr Justice Recce refused the Rev. Fr A. Graneill officiated Oriental is given at 2.30 am.,
must be entered for the plain- suggestion of the Attorney- Liffs with costa, And I Wrect General to stay execution of his both at the chapel and at the almost an hour later.
that all questions 05 to the Judgment and gave possession of graveside.
the Tasikmalaja to Juan The child's father, Mr Smith, collision took place at 1.36 am. At common law, then, it would amount of damages be referred Thousands of tons of mud is the Accounting Machine Re-Captain Eldjold of the Bris seem that the question is not to the Registrar
Ysmael and Co., Inc., of Plaza
saw the forward anchor Blooping streets of Naples today presentative of the National stated in his evidence that as a cloudburst, pelted the city Cash Register Co. and crowded port for Ave Those present at the funeral of the Oriental as well as hours.
this morning were Mr W.is, stern anchor light and Savage torrents sweeping
ping Anderson, Mr F. T. E. Meredith, deck lights, but no other lights. Admiralty action, Clyde Navi- down steep alleyways
gation Co. v. Barclay et al (1876) banked
C. Chung, Mr. H. G. Roche, Mra
-DRIFTED TOGETHER
Cas. 790, it seems to me mud to a depth of 'more than Mr R.
App. P: Newell, Mr Ronald Ng, 20 inches in the Piazza Gari-
Miss
Molley Chey, Mr F. Manley,
After. the first collision the that the same view was taken. baldi, one of the city's main Mr H. R. Subr and others. evidence taken for the plaintiffs The facts in the case were that trame Junctions.
Floral tributes were sent from is that the starboard side of the on the 10th February 1875, one Summary: 0.02, with a set in my Daddy and Mummy: Molly: Oriental bumped heavily on the of the appellants dredgers, heart sung by Fine Framan in a superb collection of typically designers' were port ships run intone Wallaadid
drifted
ship. De Wel-lem
Léo (ftudio); 480. Organ Solo and
"Colina", then on her trial trip by De G. th. Cunningham: Young were Interrupted, and James Norian; El Power and telephone lines were
Yvonne: Mr and Mrs H. R. tain finest makers .
by Dr. C. Thornton Lofthouse belec- Suhr; Mr and Mrs C. K, Chung: each
at about 3.53 am, arose, and the action was on of candidates works from the
The Tasikmalaja "case was dozens of cars.
Kau I Chan feland, brought to recover 20,000 in een examinations of the Associa Beautiful wools, made with extreme care and with fashion
{Concert
Recording); 200, Firemen, answering more than G. Roche; Mr and Mrs R. S. and
Rosen; Mr and Mrs Cottrell; Mr pervading every inch of them from the total silhouette to 1,000 calls for help, salvaged and Mrs F. Winterton, Mr E. T
morning when Mr John McNeill, that the collision arose from Weather Report: 5 Time Signal, and SURE Don't fail to take advantage of application for we
World New London News); 81% 1.QC; ; representing the Govern has been adduced no fault the respondents or United Nations Babyment of the Republic of Indone
of
Trygve of basement dwellings and cel-the staff, the Sales Department there is not much agreed in the of entirely by the incapacity of counts with Best nethbore (UN)} “apped ricoce, regarding Mim- dgainst decisions by Mr. Rain water, racing down the National Cash
error of the licensed plot who preliminary acts. But, sloper of Vesuvius and the hil's President and members of tit la boyand, dispute that when bad charge of the Colinn, and undated by cheer pleading and diplomatic im TOWN COATS CASUAL COATS behind, Naples, swept through Prison Ofices Club, Stanley, w, riding, anchor with her live in the Clyde district, under Mume Lovers, Hom cutting the December 8 to 13 as originally
the
took place, whose authority was imporo- with the " Knight : Slopes to be heard earlier then anchor
or lights
presented by Curie and that the the Merchant Shipping Act): Rarakies, the Barracu axed. The Court adjourned the Oriental woe under way with 1054. The appellants denied that Özsen
Alorpromisma femtler to-Felday, October, 31, anchor lights, not
ргоре
the collision was occasioned by boys the Poetry, or, Joho
When a motion by the Hon Writory by Hion Flätireell?! INTELLIGENCE TEST SOLUTION - HIM Kós a ship under way, the fault of the pilot and further by an Osteons so wody Uvilmada, QCP repre Nowy Targ 100% (man Yemael and Co recover compensation for da-themselves had contramited to plan, logola,
field, Goodal NET MUSSY KClody P*** image, tho "general rule is that the accident. Lord Chelmsford | the quemy 5.30, Clone doma. be demit with. Non SASAAN
BIGGEST COAT
EVENT
coats especially
the most minuto detail.
this fabulous event!
He denied the charge.
Mr Bennett, said the judge, was in the Malayad Educational
Cloudburst
In Naples
Naples, Oct. 23.
and rubble Bowed down the
railway
Little Child
I accept the evidence that the
SAME VIEW TAKEN
he free from doubt, though the by him. lights opinion of Kay J., which I the have cited is accepted as being some the correct view to take. "In an
I
the
to be assessed
Radio Hongkong
II.K.T
Dosa down; 6. ProgramTTLO
N. Borneo, 9 am, an Hew Sang; ;
By. Surface Macao, 2 p.m.; 0 pm. m Tai Loy/ Tak Shing
China, People's Republic, 9.30 `a.m., train via Canton. JUDGMENT TO
BE EXECUTED
Gold. Manilayong and Wham-
As the
poa Dock Co., Ltd had entered an appearance to the action as on interested party, Mr Justler Reece made the order for possession subject to the ship not being released from the claim of the Dock Company or until further order...
Tasikmalaja
together through analo by the respondents. designed for us by the the tracks and all tram and bus/Connie and Bob Burns, Shelaka Chantald's evidence, cleared in the river. Serious dam uiclene of Mongkong Compered Case Appeals
services
and, according to
cut and high winds overturned Mrs W. E, Reiners; Mr and Mrs after Polly brought up near | respect of the loss. The terenice Pet Ecard Moyal Schools of; kunle | again" before' the Full Court this i
Taland Lantau
evidence No
וני
|lars.
"London |--Studio-, Melecká
The Orchestrae
DEB COATS JUNIOR COATS clothes and other belongings.
· Erinted and published by WILLIAM ALIGE Gannam for and on behalf of South China Morning Post Limited at 1-3) Wyndham Street, City of Victoria, in the Colony of Hongkong,
and Service Department of the
Co
respective
thousands of overcrowded tenc and others, ments,
carrying away furniture,
Damage was estimated st hundreds of millions of lire.
No deaths were reported al- though many people were 1- Jured-Router.
"Palmeraton:" (8) Gladstond.
London Expréta. Bervice.
Loo
/! To enable a party seeking, to asserted that the...' respondenti Midurre · 1, reiklang Paboritanika, for accurity of costs will
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