1920-11-26 — Page 3

·SUPREME COURT. (BEFORE-TES ACTING CHIEF JUSTOM (... COMPERTE})."

TIN PLATES JUDGMENT.

ALLEGED POSSESSION OF CONTRABAND.

BONGKUNG DAILY PRESS, FRIDAY, NOVEMBER

A

ROWLOON SHOOTING

AFFRAY

SEPOY CHARGED WITH ATTEMPTED

MURDER.

ROYAL ARTILLERY ASSOCIA TION HONGKONG BRANCH FORMED

A Hongkong branch of the Royal Artil

MAGISTRATE AND SOLICITOR,

At the Magistracy, yesterday, the bear- Judgment was delivered by His Honouring was continued before Mr. G. N. At the Whitfield Barracks Kowloon,ary Association was formed last night at yesterday morning in the case of the Orme, in the case in which a Chinese was yesterday morning. Court Martial was a meeting held at the Rad. Theatre. Holland Pacific Trading Company, charged with the unlawful possession, on held presided over by Lt. Col. Wyndham Colonel Laring, C.M.G., D.S.O., presided, trading junk, of a quantity of of the 2nd Battalion Wiltshire Regiment. Capt. Olliver acted as Hon. Secretary, and Fang Pang. In this case. Mr. Drummond, a for the petitioners, claimed damages from the respondent for a breach of contract in respect to a consignment of 1,000 cases of tin plates, which peritioners had refused to accept on the grounds that they were

3

ammunition and opium and another. who was previously discharged on a similar count, was charged with exporting the contraband without a licence.

Mr. C. F. Mason, silicitor, who appear damaged and unfit for the market. Theed for the defence, said that if the charge -substance of the claim was that, during be proceeded with against the second man, then his client, ought to be the loading process, 800 of the damaged

discharged. The Folice could not have a cases had been placed aboard the lighter double-barrelled charge of exporting and from the godown before the damage was discovered by the petitioners compradore. On this being pointed out the defendants "said they would "accept responsibility for the '200 cases still in the godown, but re- fused to recognise any obligation for the 800 cases already aboard."

The Hon. Mr. H. E. Pollock, K.C., refresented the defendant.

WRS

session of the same contraband against a different men the man charged with exporting then he was in possession, not his client,

Inspector Willis remarked that both the men were on the junk.-

-Mr Mason

But the other man ac cepts the responsibility. My client denies all knowledge.

His Honour. in delivering judgment,

The Magistrate observed that Mr. Mason's said it had been agreed that the whole; 1,000 cases were of uniform quality. argument was premature. Both could be The 200 cases in the godown were ori-equally guilty-one for exporting and one

amongst others, present were Lieut.-Colmet Cr, Major Hickling, Major Wakefield, Major Bagnall, Majot. Downing. Major Saunders, Cupla, Davies, Bristow, Hewitt, Mortimer Lists Chester, Lovegrove Thornton. Moggeridge and Alessi, S. Greenhill and W. J. Esser.

The other members of the Court were Major TM. Wakefield, D. S.O. it.K.S.B.. R.G.A., Major G. de S. H. Middlemass of the 22nd Punjabis. Major G. de Huquet, of the Wiltshires, Capt. C. S. Dodwell of the H.K.S.B., R. GA. Lieur. T. B. Golding. R.G.A., and Lieut. A. 1. Samat. Wiltshirs. The Chairman addressed the gathering on Capt. J. M. Murphy, H.K.S.B., the objects of the Association, stating that R.G.A., was the Judge Advocate and it was a very big thing which would Capt. C. Leslie Smith, of the 22nd Pun-embrace every branch of the Artillery and jabis, prosecuted.

ex artillery men. The Association had its central being at Homs and this was to be a branch, The Association had for its sim the fostering of the comradeship of the eat war and the unification of all existe

The prisoner was No. 3215, Sepoy Gulam Mahi Uddi, of the 22nd Punjabis, and he was charged under the Indian Army Act, Section 42, with attempting to commit murder against a person subject to military law in that he, at Kowloon, on

societies all over the world to look after the interests of the past, present and future members of the Association. The

general policy would be non-political and non-sectarian and the Association would

September 27th, shot No. 801 Havildar Ghulam Hassan, of the 22nd Punjabis with intent to kill There were alternate

radeship, but, financially, in special cases, charges of causing grievous hurt and quit-in, not only the continuance of com-

ginally in no worse condition than the son for possession. If a firm engaged a manting guard in time of peace without leave and look after the general welfare of the!

which were taken out on the lighter. The "latter might have suffered some small deterioration from the sojourn for 11 days in the lighter before being returned to the

Rodown, but that could not very seriously affect the whole 800, and, in any case, the question was, whether they were of merchantable quality at the date of de- livery. Mr. Lammert for the plaintifs condemned the lot in the godown as non-

cent.

in an unlawful trade and the man had-

members. The main object, of course, was the maintaining of an esprit de corps.

cent, would have to be paid to the 'reserve

Evidence was given to the effect that knowledge of it, both the man and the Frisoner asked Badan Singh, who was in

command of the guard at Whitfield Bar firm would be equally guilty.. Mr. Mason: That is.so.

racks, for permission to go to the latrine on information bureau would be established. The Magistrate: The amount of opium three occasions and it was granted. On enable members to keep in touch with old is realy negligible. The most important the fourth occasion permission was refused comrades. Of the subscriptious, 25 per point is the ammunition.

and when the Indian officer of the day fund at home and the remainder would be visited the used prisoner reported Badan used in connection with the locni branch. Singh, who informed the officer the reason why he withheld permission. The officer The Home Aswciation would take over the then ordered Badan Singh to bring pris K.A war commemoration fund which was oner before his Company Commander it still in existence. The local branch would he gave further trouble. On the morning try to form a social club. There wero of the affray prisoner was seen cleaning

The second defendant went into the witness-box.

or

Mr. Orme: Was there any opium

unition in the cabin occupied by the other man?

Mr. Mason: There is no evidence that the man went into the cabin.

"Mr. Orme:"- In whose cabin was the ammunition found?

his rifle and when ordered to put it away, many ex-gunners in Hongkong with whom replied that it was rusty and he wished to the Association wished to get into touch, clean it. A few minutes later a bugler and be hoped all would join.

The new Committee elected was 25 follows:----

Mr. Ome: Let the man give his evid.

reported that he had seen prisoner, load| his rifle. Badan Singh went to the pris ence.

Witness said that he was in charge of oner who ran away and was followed by

some guards who were armed, but who Chairman, Col. Loring; Vice Chairman, the junk.

were given orders not to fire unless pris Brig General MacNaughter; Hon. Secre oner fired. Prisoner was standing seventy yards away, and did not look like a mantary and Treasurer, Mr. McNab Wilson; who had run amok and did not appear. Committee, Mr. Gar. Watson (serving to be abnormally excited. Prisoner was W.U.), Bdr. Woods (serving soldier) and ordered put his rifle down; he refused two demobilised soldiers to be appointed to do so and ordered the jemadar not to come any closer. Prisoner shouted out later. "for Subadar" Madan Khan and the C.O..

Capt. Bourdillon, then came on the scene br and rdered prisoner to put the rille down but he refused. Prisoner next fired

merchantable (1) upon the appearance of the cases; (2) because it happened that the contents of one case, the only one he examined," and suffered water damage. Similarly he condemned the 800 cases in the lighter on the condition of the cases and (2) upon examination of 21 cases of which he found the "contents to be more or less damaged. He did not attempt to assess the percentage of damage and he admitted that on a claim for damage he would have examined 10 per But he in fact opened only 22 cases, out of 1,000-slightly over 2 per cent. They had on the other side the evidence of Captain Arthur, of Messrs, Goddard and Douglas. He opened 40 cases out of 200, or 20 per cent. Inthing about it. only four cases he found the contents at ail dunaged, and in this the damage was trifling: 38. plates had a lew sight spots of rust which, could be wiped off with an oil rag and which had caused no corro- sion. He estimated the damage at 85 per cont, or, 04 cents per case. The evidence for the complainants was to the

‚I!

cfect the goods of this kind if water damaged, deteriorated very rapidly, these plates had been so seriously, damag ed that they were rejected in April, their Condition shogid obviously have been very much worse in July, three months later Wimess claimed a very considerable ex- perience with tin plates, and his was clear and business-like.

Mr. Mason: This question should have been put at the last hearing. You then told him that if there was not sufficient evidence against first defendant you would convict this wimess, although you had previously discharged him, Bois giving evidence on oath and said he knew now

Mr. Orme = "We have no evidence on cath. This is an unfortunate thing about this court. We have only a declaration.

Mr Masón. You can charge, the man with: perjurya-

Mr. Orme': 1

here to find out the whole truth.

Mr. Mason: You are here to find the truth on the law of evidence.

Mr. Orme: I have to decide what are

the rules of evident must decide the

Mr Mason: You

rules of evidence in accordance with the ordinary practice in the English courts.

Mr. Orme observed that he hoped Mr. Mason would defer his remarks till the witness had finished

The vimess said he did not examine. the cabin. He had no knowledge of either the opiurn or ammunition.

The abecription was fired at $2 for the

All those present were enrolled na mem

shot which Struck Havildar Gulam bers Hassan on the foot. The party opened fire and prisoner dropped down. He was examined and his right arm was found shartered

The sentence of the Court will be pro mulgated in due course.-

CHINESE DETECTIVE AND

TRAM CONDUCTOR.

CHARGE OF ASSAULT DISBELIEVED,

The complainant said that on November 15th about 9:30 am, he took the car

-cases were sold by complain. Mr.. Orme: It is quite clear to my a: Causeway Bay to proceed to West

800

with

all faults" by public suction on May 5th for $10.50 a case. But the two 200 cases which were sold by auction, as tia plates simply by the defendants on the 23rd August, fetched $11:30a case. which appeared 10 have Seen the market price on or about that date. He thought that complainants' mistake had been that, having intended his purchase for resale in some special contract of which the

SPORT

CRICKET.

HONGKONG C.C. C.R.C

The following will represent The Hong- kong-Cricket Club in the League match rerit the Chinese Recreation Club, to bo played on the Hongkong Club ground to- morrow, commencing at 215 p.m::-W. C.

A Chinese detective accused the con-D. Turner (capt.), F. H. Farthing, L. D. ductor of tram-cur No. 20, before Mr. McNicol, W. H. Drummond, L. G. Davies, N. L. Salisht yesterday of assaulting Lyon Brown, J. C. Fletcher, H. H. Tayler, him. The defendant was represented by R. A. Green, W. J. Dance, C. Blaker. Mr. M. H. Turner.

C.S.C.C. v. KOWLOON c.o. mind that the man is not going to say Point. As the car passed the Central Service on the Kowloon ground at 2.15 p.m. The following will represente Civil. what he knows. I suppose he is afraid. Market, he noticed the defendant pick up. it is no use questioning him about it. He from the floor of the car, a roll of bank tomorrow:-RE. O. Bird (capt.), A. E. ends 10 mind his p's and q's (To notes. Complainant informed the defend Wood, P. C. Witchell, P. T. Lamble F defendant) As you are unable to tell me ant that he was a detective, and asked him de Rome, H. E. Strango, W. Chipchase, anything about it you had becter go back to show him the notes, but the defendant F. Brockbank, E. B., Reed, L. Hake to the dock. It occurs to me that the man refused, saying that it had nothing to do RN C.-J. Taccbi. knows more than he wishes to say. with" witness. Defendant' said that he Inspector Willis. My candid opinion would hand the money in, at the Tramway is that he knew abour the contraband. Company's office, and the owner could Mr. Orme discharged M. Mason's claim it there. Witness insisted that be client, and as regards the other man, said should be shown the notes, and as the he was reluctant to convict him, although defendant still refused, he held him by The following will represent the Kow he was of the opinion that the junk was the front of his coat, whereupon the de- loon Football Club in their 1st division being used for smuggling. He reserved tendant struck him over the right eye League match versus H.M.S. Androse to leaving a mark. The argument continued morrow on Navy Bground, kick off as far as Kennedy TownNNA 4 ppi-W. Crocker F Wheeler, P. R. Cross-examined, by Mr. Timmer, com Bersley, J. Coupland, A. Weyman, T. L plainant said it was true that the car was Kaight W. Taylor, C. E. Millard, R. E. pulled up suddenly at the end of Queen's-Townsend, F. Evelyn, K. Mason. Reservo, Road West on account of the quarrel F. Clenio. The driver of the car asked witness to release the defendant, telling him that any difference between them could be dealt with by the Tramway Co

his decision.

(BEFORE THE PUISNE JUDGE. (HIS HONOUR MBJB WOOD)].

CAPTAIN JONES'S CLAIM GRANTED.

FOOTBALL

KOWLOON F.C.. AMBROSE.

defendants had no notice, he desired to set too high a standard for the goods be was buying. Mr. Lammert, of course, strenuously contended that the goods were -not-merchanable though he finally admit- lod in cross-examination that they were merchantable is tin plates simply 11 the complainant had desired high quality a special condition of the goods,it was incumbent on him to make this clear to the other party of the contract before day. In this action. Capt. Jones, claimed would be inserted in the papers. After acts of opiam on the Fatahan and 20,000:{

OPIUM SEIZURES.

Mr. Turner told the Magistrate that it Revenue Officer Ward made a scirure of was the practice of tram conductors when the found a money on the cars to hand 100 cls of prepared opium on board the Kajo Maru, at midnight on Weduceday.

it in at the office and an advertisement Some time later the same officer seized 370

ENTERING A HOUSE.

MISTOOK THE NUMBER.

Before Mr. G. N. Omme, yesterday,

Judgment was given yesterday morni in favour of the plaintiff, in the case of Capt. F. W. Jones, master mariner The Cheon On Steamship Company of Hongkong, which was beard on Wednes back pay, and pay in lieu of notice, time, if the money was not claimed, it hand. Again, the goods were spot cargo, amounting to $847.50 being the banince was given to the conductor who picked it cigarettes on the hwungsi. " and there was no reason why the defend due to him in respect of an increment up. In this case $15 was picked up by ants should not have examined them berated by an award of May 27th, 1920 the defendant. fore contracting to purchase. In his respondents, and Mr. Crew for the petithe complainant were arguing, the driver MrJH. Gardiner appeared for the The defendant said that while he and opinion the complainant. by selling the tioner. 800 cases as he did, dealt with them in His Honour in delivering judgment said brake. This caused the car to jolt, and stopped the car by suddenly applying the a manner inconsistent with the ownership that on the question of costs arising it was possible that the complainant in- of the defendants. His Lordship cited the out of the amended plea, he found that the jured his eye when he was thrown for Inspector Kent, of No 2 Police Station, case of Chapman Morten M. & W plaintif must defray all extra costs that ward. After the complainant told ham charged two Chinese with entering a house 534 and said that with respect to the the amendment had occasioned to the de- that he was a detective he showed the in Praya East, occupied by a Japanese complainant's sction in selling the goods fendants. In respect to the claims for notes to him. The complainant gave family on Wednesday night, for an u there could not be any question of any damages he was prepared to grant the witness a piece of paper with his name on lawful purposes agency by necesalty.

He gave judgment, for the defendants claims for the plaintiff in full. Plamtiff's it. Witness attached it to the bank. The defendants pleaded that they mad with costs, and made an order that $2.176. announced just after his dismissal. It The complainant went to the terminus at were looking for a friend who lived in engagement was governed by the award notes, and handed them at the office, entered the house by mistake. They which represented the procoode of the might have been different had the res Kennedy Town in the car, and returned the vicinity. 200 cases of tim plates sold by the de- pondents shown that petitioner had, by in it as far as the Central Market, when The Magistrate disbelieved the story, fendants to be returned to the complain an action on his part, foregone his right after taking witness number, he left. and convloted the defendants. The In ants. The sum of $120 which the defend to the increment, but this they had failed The Magistrate said that he did not be- spector proved a previous conviction ants had paid into the Court was also 10 to do, and he had no alternative but to find lieve that after having been assaulted, as against the second defendant and the be returned to the defendant under this a verdiet for the plaintiff for the full the complainant alleged he was he would Magistrate passed sentence of six weeks" order.

amount of his clamp, subject to the costs have remained in the car so long. He and three months' hard labour respective- (Continued as foot of neat column.) excepted abovez

discharged the defendant.

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