1953-07-17 — Page 10

JOHN HASTIE, & CO., LTD..

Ships Steering Gear.

ENGINEERING--EQUIPMENT COMMITD. II.K. & Shaoghal Bank Bldg: Tel. 27780

JOHN CLARKE'S CASEBOOK

Jim's Jewel

Robbery

It is part of line's work is up. But first he would have us

chauffeur-messenger to a jeweller. to collect each morning a brief-case from a safe in one part of the town, and take it in his car to his

to

tell his wife, break the appalling news to her that he was a thier. was going to confess to the police, would surely be sent to prison.

The police were waiting for

employer's shop in a neigh-him outside his house. bouring district,

The brief-ense contams jewel- tery, auny thousands of pounds

worth, sometimes.

For reveni

in its

*AN IMPULSE

the Clerkenwell court, next morning, Jim pleaded gulity years Jim has faithfully touted to the charge of atending the ban the bag backwards and forwards, and the £010% of jewellery, and o

disinterested

polleeman completely

went into the witness- contents, which seemed as safe box to tell Mr Blake Odgers, the

if he were rich magistrate, the story. with him as enough to be beyond templation. He, In fact, Jim is not rich. who handles much of great value every day, keeps himself, his wife, and six children on #3 wnge of £7 a week.

JUST WALKING

mrining. Jim

"I believe he did do il on an impulse, and

and that he aras going give himself up," sak! the oficer. "The property, of course,

to

has all been recovered.

Jim, big, dark-haired, tidy man of 37, sak: "I walked about for hours and hours with thut bag. I realise this is serlous. Can't think why i done it-the boss has always been a goki

*The

Totected the briefcase as usual. Io it. om that particular { guv'nor." day, was jewelery worth £0102. "He's very, very happily mar

As he drove towards the shop|ried,” the officer went on. with the bag on the seat at his family's not in debt at all. I don't side something strange happened think this was premeditated. lie fuelle Jim. He decided to steal has no previous convictions and his load of treasure.

had a very good record in the He parked the car m a side- | RAF. street, left it, and set off walk-

"Lost his job. I suppose," the ing quickly, carrying the brief- magistrate sold.

"No, sir, his employer will take

case.

At first he was dazed by his him back.” daring, too dazed to begin to think what to do next.

THE THIEF

again.

"Everyone seems to

walked and walked and pre-THE magistrale turned to Jim sently his whirling brain cleared and he realised with horror the enormity of what he had deare.

POLICE WAITING

be conspiring to persuade me to give you a conditional discharge instead of sending you to prison,“ he said. "I shall do that, but if

HIS verish walking hard by you abuse, it, nothing can save "If you do anything like this

taken him half way you. across London. He was near, to the

Edgware

Ryad; he [re= } again, you'li go down for at membered he had a friend there least 12 monthis, perhaps three who kept a small shop. He

years. found his way to it and laid the

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things?"

The Lady Wolmer

Continues

Inquiry

The inquiry into the circumstances surround- ing the grounding of the British merchant ship, mv. Lady Wolmer off the South Korean coast on if I leave this with you set hun free. His place in the May 19, continued this morning with questioning

brie on the counter.

for a bit, Harry?" he asked his friend.

"Not a bit," Harry said. "You You don't look all right, Jim?

too good."

"I'm fine." Jim said. "I'll be back later for the case. Thanks

lot, Harry.

He resumed

now, his brain

his walk,

Bul was obedient

nguih. I began to see clearly

They shower out the man who hod stoten_£9,000, and presently

dock was taken by a sneak-thief with two previous

of the vessel's master, Captain W. E. Jones. Convictions who had stolen goods worth just The Court of Inquiry comprised Mr T. B. Low, Marine under £1, and

was sent to

Magistrate (President). Captain R. C. Lewis, RN, Queen's, prison for four months.

Harbour Master, and Captain W. Lumsden, Master Mariner, Marine Superintendent of the China Navigation Company Ltd.

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Mr P.A. Leighton, Marine, an estimated

of "I for Uffler, assisted the Court in the¦ degrees in his course between charting of the vessel's course noon and 4.40 p.m.-would_have on maps

been offset by the westerly set Mr R.F.G. Dennis, of Messrs of the tide, Mr Low asked that Brutton and Company, appeared if the westerly set of the tide for Captain W.E. Jones and offset the easterly sel

was it his First Mute, Mr Fish.

possible that the course steered When the Court. opened this would put the ship three miles

Mr F. G. Nigel, south of its course.

'owners, said that he was present in order_10_correct. any fulsa..Im- pression which might have been given in yesterday's evening newspaper's report which stated that the Lady Walmer had none of the modern aids to naviga- tian,

senting the ship's 'ow

Mr Nigel said that the ship had been passed by Lloyds prioi to the trip, although there were no luxurious fittings on board, which might be present on the more modern and larger ships,

Mr Low, in reply, said that the Court

appreciated the anxiety to

remove whatever impressions might be given by newspaper headlines, but that not a concern for the Court.

Captain Jones replied in the armative.

The hearing is continuing..

Sessions

Pleas Taken

was

Pleading guilly before Mr Justice Scholes at

Supreme Court this morning to larceny from dwelling-house, Chen Tau was remanded in custody for eight days. Chen

alleged to have stolen from a house in Kowloon on May 5, $1,000 and personal effects, the property of Lau Tal-yue, and jewellery to the value of $50, the property of Tau Tue-yus.

Sheaffers

THE WORLD'S BEST!

APL APPEAL DISMISSED

Court Holds Company Unable To

.:

Rely On US

Govt

Regulations

The American President Lines, Ltd.. lost its appeal against a judgment of the

Chief Justice, Sir Gerard Howe giving $464,000 damages to the China Mutual Trading Co., Ltd., said to be a purchasing agent of Communist China, for the non- delivery of a cargo of sulfa drugs.

Dismissing the appeal with costs, the Full Court comprising Mr Justice Could and Mr Justice Reece, this morning declared its opinion that the American shipping company could not rely on orders and regulations issued by the American Government which came into effect while the goods were on their way from San Francisco to Hongkong on the APL ship, Mount Davis.

#

the

law in the matter of

The American President Lines the

cargo

In question. On effective control by virtue of which tended to show that while were represented by the Hon. December 27, 1950, however, the the fact that the goods were | United States Inw applies to the Leo d'Almatia QC and Mr Brook appellant, who must have been held to its order. But the ap contract for carriage. It should Bernacchi, Instructed by Mr under the impression that the pellant was at pains to P. 1. Grimths, while the China respondent had already removed tract itself out of any further be displaced in favour of Hong-

kong Mutual Trading Co of 13-27 Joo the cargo from the

ᏗᏝᏅ

godown, Rability in

of capacity

delivery. House Street, were represented wrote to the respondent stating carrier once it had warehoused

opinion on this point is by Mr Percy Chen and Mr that the appellant had been or the goods.

therefore that United States law D. A. L. Wright, instructed bydered

was submitted by the Department of

for the must be applied to the question Washington, Mr A. S. K. Lau. Mr H. J. Commerce,

to respondents that, custody having of the right to withhold delivery Armstrong appeared for Kow- secure

cure the return of the cargo been placed in the Godown as well as to actual carriage of Joan Godowns named as second to public godown. There was a Company, as ballee, the restraint the goods. respondents.

request to the respondent to of princes provision thereupon On the application of Mr return the same to the Godown cam

own came to an end. On the basis d'Almada the Appeal Court Company to-be placed on stor-that the pleadings contain an un- granted ап interim stay of age, subject to further disposition qualified admission that custody execution for 14 days pending or relense. The respondent had of the carge was given to the the APL'S appeal to the Privy not in fact at that time taken Godown Company, I zm. of Counsel for the appellants sub-

and Chen had delivery was subsequently opinion that as

Council, after Mr agreed not to

1950, is

to apply for payment unable to do so as the appellant construction that

com-

amatier

SECOND POINT "The mecond point way dealt with at length by the learned Chief Justice in the portion of his judgment quoted above,

of milled, not that it was not open

clear in-

the letter from Mr E upon

is in fact a to the Chief Justice to take the in terms of the judgment and refused the necessary endorse correct view ot the effect of view he did of the evidence as nol to execute against the ment on the Bills of Lading at contract,

to the law of the United States, some date

to January prior shipping company for 3 days.

"'I aun of opinion, however, but that in all the circumstances being

done so 1951. On action The judgment read in part:

that reading as a whole the con- he should not have Godown Company tract as evidenced by the bills "The Mount Davis, which arrived menced the

Counsel relled particularly cargo being

hands by of lading, it shows a

tention to fix and Hmit The and the telegram from Mr Dean Hability of the shipowner after Acheson as being indications of be construed. From ought to specifie provisions,

Mr Arnold's letter, it is to ba CONTRACT VOYAGE

inferred

that the U.S. Treasury "The next argument for the

construe the

us pro of the cargo.

to the order of "Banque Belge appealed arse of the judgment/custody has been parted with, by how the orders and regulations

godown

Lid.

was

Before the Mount Davis ar

rived in Hongkong and during construcly as possible."

the period when the cargo was in transit, two orders were made

03

as one of

and, from

that

the

The corro

the dates munications

by the Defenes Production Act appellants had done no more Government of France to de question of construction,

under the provisions

Foreign Assets Contro 5 of the Bills

tions, were issued by the

"ren-

Was

approach the problem in

re

that

in Hongkong on December 17, interpleaded, the

in their ship documented under anchored a the laws of the United States Court order meanwhile of America,

CONFISCATORY The cargo was

"In the three bills of lading covered

by

the Chief Justice from, pour L'Etranger (E.O.) SA first considered the submissions and "nolity Chine

Mutual that the orders and regulations Trading Co. Ltd., Hong Kong" relied upon were penal, political appellants was based on Port They were all endorsed by that and confiscatory and us such graph of the bills on lading:hibiting delivery

argument was

is to the 'samo bank to the respondent, who is should not be enforced by the Counsel's

the

the lastruc The telegram admitted to have been at all Courts of Hongkong. He came to Por U

effect, and also contains the in of the United States relevant times the owner of the to the conclusion that they were

ates formation that the Derartment cargo. All freight

in Government or its officers not of cargo.

neither penal, nor political in Gov pre-

of Commerce is of opinion that of Comme T-2 also has paid.

that any relevant sense, but he was to deliver the goods but to de-

"s effect.

the order

The cargo

was discharged of the opinion, based on the tain them; that Paragraph

of these two com from the "Mount Davis into a evidence and documents before entitled it to obey these instruc-

in the godown on W & Godown Co. He did not, lowever, make that respondent it was submitted that of the Hongkong & him, that they were confiscatory, toss without liability. For that

of course to be regarded with the basis of his decision bui held this paragraph was related ex- Hongkong. These opinions are

are not really respect but are that his proper course was to clusively to the question of war

risk insurance.

be as it the legislation

levant as

must

pointed out that, the clause that the "I consider

question In Issue must

with refer what the United States law on be construed the argument on appeal, ence to the contract voyage, and

the paint must be deemed to be by the Under Secretary for Counsel for the appellant put if white the ship was en route

States his

and only the Courts of case frally Transportation, United

Sun Francisco to Hong-

can country ur-restraint of princes"

authoritatively Department of Commerce, pur-

what the law is on this suant to an authority granted secondly,

as one in which the kong the master received a count

So far message from, for example,

45 the evidence before thle of 1050; during the same period than they were entitled to vlate, he could not justify com- Court is concerned, there has certain Regulations,

of pliance with those instructions been no case in which

they have of under Paragraph 5. Similarly 1 Lading.

think that the paragraph must been called upon to express an

opinion, but

but (in the absence, of tary of the United States

"I think there is no doubt that he construed as being limited evidence to the contrary) It sury pursuant to various au- had the master of the "Mount

the actual.voyage and not so

to be assumed that they would thorities. The first order called Davis" been notified of the to apply after the goods are

the Transportation Order T-1 came orders and regulations during discharged at their final destina-

same into effect on December 4, 10 and be thereupon refrained from of the paragraph

way as would British the course of the voyage, and ; tion. in my view, the design courts .e. they would ascertain the next, called Transportation

is to excuse

the intention of the orders and Order T-2, on December 10, calling at Hongkong and return-the ship owner for following

I regulations, and they found 1050, and the F.A.C. Re

Regula- ed the cargo Lo the United directions which prevent that

no ambiguity in the wording, tions, on December 17, 1950. States, the appellant could then arrival and discharge.

they would not need to go out- The Judgment quoted these have relied upon the restraint of THREE ANSWERS side for that purpose. orders which forbade American princes clause. Capes show

On that basis, I agree with "There remains to be con- ships from transporting and dis- that it is not essential that the sidered one further question the construction adopted by the charging certain goods to Hong- physical force of the state The proper law of the contract learned Chief Justice in his kong or Macao without a licence should be actually present; it is evidenced by the bills of lading judgment and for the reasons or any goods at all which were sufficient if the State concerned belleved to be destined for cap enforce the restraint by that of the United States. The he gave.

FAC REGULATIONS Communist China.

relevent principle of law was Penalties penalties against the persons neted

In Kahler v.

Midland "As to the F.A.C. Regulations, for breach were provided. having the custody of the sub-act

upon in

have one It then continued in part:

or two additions) Ject matter,

its subjects Bank Lid. 1950 A. C..24, and is otherwise that "the courts of this country

observations to make. It is to WITHIN CATEGORIES or CAPT'S INTENTION

will not compel the performance be noted that they deal mainly, CIA bo noted here that it

Burton-

In the present

not excluslycly, with Mr Dennis then stated that he

appears to have been conceded the in that position of a contract if by its proper had been instructext by Captain

securities and other financial ilicgal." at the trial that the cargo fell is the appellant

ant Company in law performance

matters, Section 500.203, which Jones to say that he had de- Chi-kam, who pleader, not within the categories of articles the United States (at least dur (Lord Simonds' opinion at finitely Intended, in his evidence, guilty to two charges of robbery specified in the T-1 Order, As ing

of the cargo).

The performance illegal is not of of property in violation of the deficiency of the ship's naviga- | same property.

1302.2 of T-2, Mr P. M. Cotton master of the vessel would not such a nature that it should be chapter, excludes chattels from by defining the tional culm

equipment.

gave his reasons for belleving appear to be concerned with the disregarded by our Courts. The its operation Our marvelous new collection of

Referring to a statement Cap-appeared before the Judge for that the cargo was destined for dejlvery; the matter of discharge same case shows that if under term "property, so as to exclude SWIMBUITB and PLAYCLOTHES # tain Jones had made yesterday their pleas to be taken.

Communist China.

No specific was over and done with and it the proper law of a contract them, though they are included INCOMPARABLY BEAUTIFUL and

when he said that the MSTS Wong Hong, Ho Kwon-ying finding of fact on this point was is to be noted that penalties are OUT-OF-ORDINARY - the

that la also a good of the Chapter. vary

"This definition is of course with- garments worn by top society sea

On the defence in an action in detinue aut mitation and relates to securi- to private ships, Mr Low asked

to a change of

Justice in his judgment, the lon of the orders etc. On the lovers to day

murder. frequenting Miami the Captain

ratio decedendi

Lies. 11-does not go so far DR. 10 do by the true owner. whether he had the beaches. Come to day and choose gone for

of which related assumption that the latter pleaded not gulity the construction of the orders cover actual delivery the information In to charges of robbery with. to

(and

"Three answers to this aspect embrace a security, belonging to a

designated national, logued by yours at Mode Elite.

person.

aggravation, wounding with and regulations above quoted. am not to be taken as being of of the argument may be suggest source outside the United States. Captain Jones replied that he intent to murder, and robbery It is

be expe

the United and the certificate whereof is beld however, that opinion), the appellant ed. Firstly, that expected, had not, but had asked the with violenCE.

that had he been of opinion that All

the United States States law applied only to the by United States citizen outside Company in

To the United States. Thai, translated reasonable ground for such a is to be penalised if it does not contract of corrlage and that aste terms of goods, is the position

Jis belief had not been shown, it prevent Hongkong branch such the contract was completed. here, and I think that the defint- would have

been so stated, and from delivering the cargo. The Secondly, that delivery was not tion provides an indication of the from the notes of evidence, I question is whether this is In fact prohibited by United paste der erally regulations which supports generally the construction States legislation. Thirdly, that given by the Chief Justice to the be selected by you at Wolmer came from Japanese

would myself have said that Mr restraint of princes, Which ports did she GENUINE 20% CASH DISCOUNT, | porta.

Cotton's evidence on this point,

PARTED WITH CUSTODY It delivery were in fact illegal, phrase in question.

hould mendonsel for Anally "Counsel for the respondent the legislation making it so was submission of being uncontradicted, was suf which also applies to all "BETTER come from?" asked Mr Low.

A Time. Signal and Programme HANDBAG8" featured by MODE Captain Jones said that they

ficient.

suggested that upon the proper confiscatory and not therefore to appellant that If the performance of Summary: 8.03. Chlidren's Half Hour had sailed from Kobe, Osaka presented by Sally Ann (Studio);

"The only

other documents construction of the Carriage of be enforced by this Court. The one part of the contract was render- 0.30, Come Into the Parlour Muse and Yokohama.

which it necessary to quote Goods by Sea Act, 1930, the

the ed llegal by legislation, dif. the v Chief Justice Learned

In the

M|| discharge of the cargo, the intention Referring to the marking of and songs from Northm Ireland

are a letter dated February 13, restraint of princes clause etme judgment

appealed

from found must be to roader llegal, all that (BBCTS): 7. Star Performer-James the ship's course from informa- Melton in "gons of the Prairie";

upon discharge of for the respondents on each of would normally follow. It is 1951. from Mr Elting Amold, to an end tion given by Captain Dung of 7.15. Talking about Hongkong by De Acting Director of Foreign As- the

thority was produced for or against but Scellon 7 of not make the last of them a] it." "I think, however, that li re- the Empire Wallace, Captain S, G. Davis and Rev. Father T. Tsets Control, U.S. Treasury De- ordinary way in the those questions, though he didntrato agument though, no au- Jones said that he had marked Ryan (Recorded); 7.50. Songs from

provides that partment, to the American Pre- the Act

the basis of his decision, and contra quem of conduction the Bhows-with Evelyn Lays. Ere it in red ink because he expect | Becke, Jack Cooper, John Hanson.

Washington, and a parties may sident Lines,

contract for

il the framers of the orders had -the | sidered the second in relation to wished to include delivery, they ed to be on the

and hi Concert

telegram of March 16, 1952 period before leading and after the restraint of princes argu- could exply Have paid so. The con- Orch. Presented by John Watt months.

strucion contended for would have from Mr Dean Acheson, Secre- discharge, and, as I read Pars. ment Mr Low then asked whether o. Time Signal, World News and

that

the effect of embracing

CATEG "I think that the correct view which had been discharged before Captain Jones thought the News Talk (London Relay); 15.

Consulate General, Hongkong right has here been taken ad- is that the appellant's hand was the order came into orfect Prde ship's draught of 17 feet aft Georges Tripine and his falon The letters advised that the vantage of. The provisions of still on the cargo so long as the videt i had not actually been, Ge and nine feet for'ard was satis Orchestra: 8.30, Under the Red Hobe APL were prohibited under the the Act pro to

ilvered, After of the ordera by Stanley J. Weyman. Part 8: "TIO

apply as long

ong latter was held

to its order by with their headings and text, I am factory.

ArreriTM (BBCTS) 9, Music Lovers regulations-from delivery.

as the goods are in the custody the Godown

and unable to accept that they shów sty company The judgment went on: When of the carrier. Certainly when therefore the obligation upon wistaver subsequent in Aransport Captain Jones replied that for Hour Classical Requests presented

Intention to deal with anything a ship of that type it was satis by Curtis indon (Budio): 19, ban the cargo was discharged from the appellant handed the the

10 and the Bo3-Agriculiziral Policy by

make delivery and discharge. appellant

"I am therefore 103 factory.

the Mount Davis, the master and cargo to the Godown Company, remained Bir James Tumer · (BBCTB); 10.15.

that is so the the opinion that the appellante Kro STEERED WELL

the appellant's Hongkong office to be placed in the warehouses obligation arose from the con-orders or the regulations, and that

unable to rely Boulevard Cale: 10.30.

upen" either tha Mr Low: Did sho atcer well? found About Fred Waring, and his | were presumably unaware of of the latter, it parted

with tract

between the parties the judgment appealed from insulat Captain Janes: Yes.

Pennsylvania; 10.50, Weather Report: the issuing of the orders and custody in the ordinary sense, evidenced by the bills of lading, be upheld, 31 la unnecessary for me 11. Radio News Reel (London Regarding o

Relay) 115, Goodnight Music: God regulations above mentioned, or though it might argued that and on that basis the Court was to express any opinion on the mid by the Captain yesterday that Bave The Quin: 11:40, Close Down, at least of their applicability' to it retained someasure of not referred

possibly confiscatory to any authority nature of the legislation in question.

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Charged swith him was Tau

"IL

though 18

to convey the Impression of the with aggravation, involving the to the requirements of Section such time as it retained the provided that the law rendering renders null and vold transfors

Several other Chinese males

would not give any information and Chan Suí, pleaded nol made by the learned Chief provided only for “wilful" viola- illegal under the contract is for the purposes of other parts

were re-

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statement made

(BBCTS): 150, Weather Report: tary of State to the American 1 of the bills of

of lading,

1

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tin

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