1919-04-12 — Page 7

BREACH OF COMPRADORE

AGREEMENT.

APPLICATION

FOR STAY OF EXECUTION

Usuccess

Hi. Bar the Chief Justice (Br Willum Boes Dávies, K.U), way engag yesterday. in hearing an appli eaton for the

of execution of SUN Judgment, For is mouth in the ease in what the liquidators of the German

Bander Weiler & Co. fully claimed $13.000 and costs from the Surety for the compradore of that firm for breach of the compradore agreement. The case, it will be renbered, was contested in art for several weeks, and

Dia rela

the Chief Justice, in 3142 giving judgment for the defendant with costs, said: -

la

of evore; $ the variation of the con 1 trnet, which discharged the surety. becomes, therefore, unnceessary for me to deal further with the other issue, raised im argumen I give judgment for de

THE HONGKONG DAILY PRESS, SATURDAY, APRIL 19TH

CORRESPONDENCE.

MOTORS AND CHILDREN ON

KENNEDY ROAD. “

wwwwwwwwww....

TO THE EDITOR OF "THE HONGKONG BALT PRESS."]

Sra. I see a laudable zeal for the life and privileges of children at the Peak is manifested by our Legislative Council in providing them with a playground as » refuge from: the terror and fury of the new riekaba traffic.

A SHIP ENGINEER'S DUTIES.

INTERESTING CASE IN

MARINE COURT.

THE

CANTON NEWS.

ALLEGED BLIBERY,

CANTON, April 11th.

accepted bribes, the Military Government has ordered the Board to be suspended

and the conduct of the staff to be in vestigated by Criminal Court,

WAR LOSBEK IN YUNNAN,

In consequence of the allegation that AL the Marine Court, yesterday, the staff of the Communication Board hag before the Marine Magistrate (Com mander Beckwith), Mr. C. J. Taechi. Recond engineer of the Sai Sang, was charged, at the instance of Mr. Simpson, the master, with having unlaw fully absented himself from the ship, without leave. at 7 p.m., on April 9th.

Capt Simpson said that on the morn ing of April 10th the Chief Engineer reported to him that defendant had gon ashore without permission, leaving the ship without na sngineer.

The Magistrate: How many engine org have you ? Witness: Four,

Where were the other two ---On shore Did anything happen while the officer

was absent!

No,

That's all you know about it? Yes. Mr Alexander Livingstone, the chief engineer, said that the ship was at Kow. Anyon Wharf on April 9th. Witness went

ashore 0.40 p.m.

Usually the second

Tong Kai-yew, Tushun of Yunnan, has reported that, in consequence of the European war, Yunnan ha suffered

losser mounting to 7 million dollars.

THE PEAOR CONFERENCE IN SHANGHAL.

Reports from Shanghai state that the Conference in Shanghai sat from 9 a.m.

to 6 p.m. on the 10th inst. Questions concerning the abolishing of the Tuchun- ships and demobilisation were discussed, and proposals to do away with those offices and to secure rapid demobilisation were unanimously approved. It is ex- pected that the Conference will be con cluded in a month's time.

KILITARY AFFALES.

It is announced that the Tucbun, Mok Wing-son, who has been appointed acting Minister of War to the Military Govern- ment, bas established the War office in his yames.

It does not seem, however, to oceur to anybody to take thought for the kiddies, dozens of them, who find health and in the shade and quiet of exercise Kennedy Road, soon to be ruined-par- don, developed--by motor-traffic. Is it that a score of rickshas endanger child life more than some hundreds of motora, la my opinion the action aust fail on - two material grounds (ay the dissolution for only that no member of our village of the partnership by operation of the Parliament happens to live on Kennedy tas, which is independent of the question | Rond? One indeed is building there, but

heit omen--is erecting a garage. way, the soldiers' children are to be dis possessed, and our Automobile Associa tion--which objects to speed limit, boasts that it enjoys the favour of the heads of the Government and chief of Police, and considerately undertakes to The Hoo. Mr. H E Pullock, KC,

rentonstrate with any of its members who Acting Attorney-General (instructed by Messrs Jobusto, Stokes & Master) madey kill any of the rest of us-has scored

another triumph.

Of all the permuta. tions and combinations in which usuall Elden Potter (in-number of people manage to run this structed by Messrs. Wilkinson & Urist) Colon to suit themselves, this body.tice to put a man who had only just The Tuchun, acting upon the advice of

Burrly, comes nearest to "the limit."--joined the ship on duly the first night. the American Consul General in Yours, etc.,

He distinctly told the defendant that homeen, has sent his third son, Mok Ching- Mok Obing-ko was to stay on beard that night. Later, ko, to study in America. he was on the Hongkong side of the ferry left Canton yesterday, and will enter and saw defendant, who sold him that no Washington University. one was on board. Witness spoke to the defendant, who then turned backed and went to the ship.

Fendant with costs

the application while the Hon. Mr. C G. Alabaster and Mr.

appeared for the surety.

The plaintiff. in the cher, prayed that -the youtun of the judgmrut given on March 31st be stayed for six months in oes that the plaintif wight submit the case for the opinion of counsel to Eng land as to whether or no the said jud men should be appealed from the Full Court, and subsequently, if adverse judgment were obtained from the Full Court, to the Privy Council. The plaiu

Hongkong. April 11th, 1919.

LEST WE FORGET."

X.

Lest we forget." which is being screened at the Victoria Theatre, is a re- Barkable picture. As its name implies, till stated that the sun of 5.000 hadi is a picture with a purpose. One who bern deposited by the defendant, by

anes in realises that it was the sinking of

told the juniors off for duty, but on the night ju question there was no other engineer on board, and defendant should Defendent had not bave left the ship. reported to him, on the evening of April 8th, that the third engineer was ashore The third engineer had joined the ship on April 9th, having come from the Navy At Home. It was against witness' prae

Questioned by the defendant, witness said that the defendant returned volun tarily to the ship.

The defendant said he was absent from

|

The Defence Commissioner of Nam

hug, and Commander of the 3rd Divi. sion of the Yunnan troops in Kwang- | tung, haz resigned.

Shar

THE PROVINCIAL ASSEMBLY,

The new

session of the Provincial Assembly will be opened to-morrow.

FERRY-BOAT BUNK.

A ferry boat which runs between Can- ton and Honam was sunk by a launch The passengers, who, it is yesterday.

agreement between the solicitors on both the Lusitan, more than anything else, the ship, altogether, about 20 minutes. said. were all members of one family, | that brought America into the deadly His motting the chief engineer in Hong- kong made no difference in his intention struggle which is happily now over.

side with the Hongkong and Shanghai Bank, in October 1917, to take the place of the mortgage security held by the Liquidators, and to await the result of the action, and was earuing interest at the rate of 21 per cent. per annum.

In support of the application, Mr. Pollock said that, although the Surety's

were drowned,

FEKING NEWS.

Two Southern representatives, sent by Gonera! Luk Wing-ting, visited the Pro- sident on the 9th and bad a long con- sultation with him.

Fung Kaochang, the ex-President,

1919.

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LEST WE FORGET

A

cnnset ought to have asked the Judge to revealing the strides made in cinemato- There was no cargo being loaded. Only suddenly left Peking and returned to his Immortalizing the sinking of the "Lusitanis "

an order, but omitted to do so, the effectgraphy of the judgment was that the money might have to be paid over to the surety unless the Judge now granted a stay of execution.

The Chief Justice said that, under existing circumstances, it might not be possible to bring on an appeal to the Fall Court for a very long time to come. Mr. Alabaster, in opposing the appli cation, argued that when an action had been dismissed the Judgo who dismissed it had no jurisdiction afterwards to order a stay of execution Therefore, as the Chief Justice had not made any arder at all un regards the $60,000 de posited he could not grant the present

The violation of Belgium and the nameless horrors enacted there by the invaders also find a place in the picture. The tragedy is relieved by a strong love interest, and in this, Rita Jolivet, who was one of those saved from the Lusitania itself, charms everyone with her patheti. cally sweet acting.

On Thursday night, when the picture was Erst screened, a large number wore unable to obtain seating accommodation. It is a picture that should not be missed.

His Lordship asked whether if the money were paid to the man, it would

be safe.

SPORT.

CRICKET.

C.R.C.. CRAIGENGOWER. ·

$250,000 Gold Production with a cast of 3,000 people.

and Charles Frohman's last words:

"Why Fear Death? It is Life's Most Beautiful Adventure.""

OF THE CAUSES THAT MIGHTY PRESENTATION

LED AMERICA INTO THE GREAT WAR.

The picture is painfully realistic. The to go back ag soon as he had reported sinking of the big stearner representing that the third engineer was not on board. the Lusitania, with the heart-rending He returned by the same ferry. scenes that accompanied the dastardly In the witness-box, defendant deposed that he gave orders to the third engineer set. the drowning of the innocent women

to take duty on the night of April 9th and children, are all shown in a manner

native village several days ago. It is the donkey-boiler was being worked for

said that several secret meeting, have! the lights, and to drive the pumps in

He was on the point of been held in Fung's residence, and that case of a fire. leaving the ship himself when he found some of the southern representatives in A the third engineer was not on board Shanghai have been in consultation with He thought the third had gone on him.

Br the Cheong Shing for a while. reported the third engineer's absence to AL the chief engineer, who replied: right, I'm going ashore." Witness stay ed on the ship for about ten minutes, and then left it and walked along the

This match will be played to-day at wharf to the ferry, thinking he might the Happy Valley. The teams will be meet the third engineer. He went, with as follow:-

C.R.C-Ng Sie Kwong (capt.), Yow the mate to Hongkong, telling the mate that if he did not find the third engineer Man Tsun, Geo. Lee, Harry Ching, Wong on the other side. he would return to Po Keung, Sin Man Ping, Wong Kam Mr. Alabaster replied that there was the ship. The chief engineer way on the Nin, Wong Kwok Kwong, Cheung Wing not a single suggestion in the affidavit same launch, going aeroes, and witness Kai, Wong Kam On and Un Hew Fan. that the man would run away.

The informed him of the third engineer's C.C.C-R. Basa (capt.), F. G. Thomp money belonged to them and they would absence and returned straight back to the son, L. E, Lammert, A. W. Grimmett, claim it six months hence. Why should ship. It was not against the practice for R. Rumjaho, A, Arculli, G. Manley, W. a man on duty on one ship to go across Hall, U, Omar, M. H. Abba, and A. Mr. Pollock replied that the only ques to another ship on the wharf. Ho had tion to be considered was whether Hie often seen it done, Lordship had jurisdiction to stay exe cution. On this point there was a later in reply to the Magistrate, said that the

A Chinese was charged before Mr. case than that rited by Mr. Alabaster, character of the defendant was excellent.

was BAG. N. Orme, at the Magistracy, yea. which showed that, even if the Chief The Magistrate's finding Justice could make no order as regards follows: In this case I accept the deterday, with being in possession of 3,000 fendant's statement, borne out by the Chief Engineer's evidence, that it was his Defendant was arrested at the Kow- Counsel for the surety objected that no intention to return to his ship by the loon railway station while attempting to mention of a stay of exocation for ooste samo ferry if he did not see the third

go to Bhum-chua, had been made by Mr. Pollock in his engineer, whom he had, as the excentive application, nor in the affidavit filed in engineer, warned for duty that night, support of it, which only dealt with the As he did not notice the third engineer question of the $65,000 deposited.

when going from the ship to Hongkong, His Lordship observed that the Court be returned by the same ferry, being about some twehty minutes from the would exerciso its discretion in excephip. I therefore dismiss the сте tional cases, and in this particular case against the defendant with a warning to the effect of the staying would be to kes more careful in future and to obey the 1 consider defendant out of the money to which he tanding orders of the ship, ás

being discharged from his ship after excellent months' service with an 18 mo character is

is suficient punishment, The Captain explained that the de in tendant had not been discharged.

application. Even if the Court had jurisdiction it would not make an order in such a case a this, because, firstly, the Court would never make au order unises tler was an addavit showing that the they be kept out of their money? circumstances were very special, and, secondly, because it would inflict a great bardship on the defendant, who had already suffered severely by being kept out of money to which he had hoen on- titled since October, 1917. Counsel oited one reported case to the effect that an ex- pressed desire to consider the expediency |

of appealing to the House of Lords was the 5,000 deposit, he had full power to tiu ground for asking the Court of stay execution for costs. Appeal to stay exccution

The Chief Engineer and the Captain,

On August 4th, 1914-he proceeded-tlie partnership of Sander Weiler & Co, was dissolved at the outbreak of war, and the surety was then entitled to have his pro- perty back. He claimed it in 1914, but up to October, 1917, defendant was only „getting the renta and profits of the property. The property was thon sold, and the money deposited in the Hong kong and Shanghai Bank, but the s per was entitled under the judgment. sent, interest earned was not paid him. Mr. Pollock stated that, with regard to Was it fair that, for a year and a half, the question of interest, he was this man, who had every justice on his sympathy with bis friend. He did not The Magistrate reminded the captain side and who was not a German or pro so why soute arrangement could not be that he had been discharged from the thing the defendant had stated, on oath, testing German interests like the plain mado for payment of interest at the ship; that he had boon told so only that tiff, should only receive 2 per cent. Ordinary Court rate of interest from the very morning, interest

bia on

Jargo fortuno of dato of judgment.. That would be fair. $95,000, whore, it was notorious that,

that

Guldenborg.

BAIL AT A DOLLAR A TICKET.

lottery tickets.

Mr. G. W. Goldring applied for a remand on bail.

Mr. Orma (zotto voce): What amount will most the case?

Inspector Gordon suggested $15,000. Mr. Orde: Fifteen thousand dollars? The Polico then suggested that 3.000 would suffo a dollar for each ticket.

Mr. Orme granted bail-in $3,000.

LONDON-BUENOS AIRES AIRSHIP. TRIP PLANNED.

Bir Woodman Burbidgė announces that he he booked passport on which Buenos Aires aboard the hitship with it is proposed shall undertake the trip The Captain said that, now the case Doxt August. He says the preparations are being made by the Vipkers introte had been dismissed, he would have to and it is expected that the Voras.

about the defendant. The

particularly during the period of the prepared to advise the Controller on, tro docision on the defendant's word that he will take his wife with him, and ho

His Lordship nakod if Mr. Pollock won the Magistrate said that he gave his not take more than six dayzlo. Bir should, earn a very much larger sum than point, and Mr. Pollock replied in the had been diseltarged-for having been préseligöra, The total number of passer-

war, a person with 05,000 could, and

tunt The agreement for depositing the $05,000 and boen forced on his client.

(Continued at fovi of west column.)

affirmative.

absent from the ship for 90 minutes.

The defendant: And six Fonra ser After further argument the bearing with the same Company before fast,

sir, with an excellent record. way adjourned till Monday..

believes that there will be other women gers, ho saya, will be about fifteen. As at present arranged there will be two stopping, placon-one in Spain and one in Brazil.

MATINEE

Sunday, April 13th, at 6 p.m.

THE LION'S WARD,

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