1921-08-16 — Page 3

Page

THE BANKER OF CANTON.

OATH AGAINST OATH "

AS TO OWNERSHIP OF JEWELS.

Yesterday's performance of the Ex- of

Drama

tradition

The Barker *Canton," was disappointing to

the Chinese audience which assembled to hear it in Mr. Lindsell's Court, at the Magistracy. There was only discussion of the evidence in English and nothing at all for the Chinese audience.

The extradition of the banker's goneu- bine and her lover was sought on n charge of theft of jewellery. The principal argument, yesterday, turned on the precise degree of probable or possible "guilt that would warrant the Magistrate in granting the request for extradition."

On this point the Magistrate decided to take further time to consider and Mr. C. H. Hall Brutton intimated that in the event of a decision unfavourable to the defence the question would then coma up for consideration whether, the Canton authorities were recognised by the British Government and had power to apply for extradition. On that he desired to subpieno the Registrar of the 'Supreme Court to give evidence.

At the beginning of the bearing, the Magistrate said he had decided to dia- chargo the male fugitive on the ground that no case had been made out

The male fugitive was "accordingly discharged.

1II HONGKONG DAILY PRESS, TUESDAY, AUGUST 16TH, 1921,

FIRE AT WEST POINT.

ROAD REPAIRS RAMPER THE FIRE BRIGADE.

im-

CHINESE ADAM. THINES CAINE ROAD IS THÈ GARDEN OF EDEN.

A big fire occurred at No. 62, Catchick

Before Mr. Orme, yesterday, a Chinese Street, Kennedy Town, on Sunday night.youth was fined $25, or 14 days The premises are used as a store by the prisonment as an alternative, for indecent Lun Yik firm of No. 91, Jervois Street behaviour in public, in the presence of a The Fire Brigade strived to find the European lady In Mr. Landall's court, whole building involved and the next a man was similarly charged; the com- This bouse in danger. The brigade could not plainant being Chinese lady. get their engines close owing trails on inan was wandering about in Caine Road. one side of the road and piles of stones early the same morning, stark naked. on the other, in connection with tramway Inspector Macdonald said the man was Vary little could be done in brought to the Central Police Station repairs. consequence and the buildings were still in that condition and the polier had destroyed. The best they could do was to to find a bit of cloth to make him present able for his appearance before the Court. confine the fire to Nos. 50 and 52,

ground floor of No. 53 is insured The defendant gave no explanation of his with the Sincere insurance Company for conduct and did not appear to be men $10,000, The first floor which was tally unhinged. He was fined $10, nr 11 vacant, and the sond floor, used as a days' imprisonment. dwelling, are not insured. The whole of No. 150 is not covered by insurance.

The origin of the outbreak and the full.

of the damage are not yet known. extent

It is reported that two neighbouring houses were robbed under cover of the excitement caused by the fire. caso the robbers pretended to be firchen, come to see that the fire was not endanger- ing the premises.

་

In

HOUSE BOY'S THEFT.

EUROPEAN HOUSE ROBBED.

one

Befor Mr. G. N. Orme, at the Magis tracy, yesterday, a charge of theft of two waterproofs, & pair of shoes and some clothing, altogether worth $115, was pre- ferred by H. C. Page, of No. 17. Chatham Road, Kowloon, against Chinese.

#4

Sergt. Murphy said that the accused was discharged by Mr. Page about two months. age. It was alleged that he re- turned to the house on Saturday after ncon during the complainant's absence and stole the property mentioned in the charge.

When Mr. Page missed the things, be suspected the accused and in formed the police. When arrested, the nccused was wearing the stolen shoes.

The accused said that the door of the house was open and he simply had to walk in and help himself

He was sentenced to three months hard labour.

A pawnbroker who received one of the waterproofs, worth $30, in pawn for 83, was reprimanded by the Magistrate, who ordered him to return the coat to Mr.

Mr. Hazlerigg then addressed the Court on the facts. He reminded the Magistrate that the complainant alleged that all the articles of jewellery were stolen from him and that none of them belonged to his concubint.. Es stated that certain of them were his own, and the others were the property of his wife; who entrusted them to him for sale cas tody. The charge was therefore correctly laid, he being the bailee of them. With regard to some of the articles, it was a case of ath against oath, Several of the articles, however, were essentially There,also, it was of masculine wear. a can of oath against oath with the balance of probability in favour of the complainant. As to the small watch which the fugitive said was redeemed by her on a pawn ticket given her by her foster-sister, Mr. Hazlerigg commented on the fact that the sister had not been called. As to the production of photo-perty." graphs of entries from books kept by, a jewellery shop in Canton, Mr. Hazler- rigg said he had not objected to their production at the last hearing, realising that in an extradition case the defence had some difficulty in getting witnesses from Catton, but it had not been shown tha the books themselves could not have been produced. Under those cir cumstances the photographs were inad missible. He submitted that the com- plainant's evidence had been consistent, throughout and was just as creditible as the fugitive's, in fact more so, and in this connection Mr. Hazlerigg men- tioned inconsistencies in the woman's evidence. He submitted that the evid

Page

without payment. Borgt. Murphy was instructed to take the pawnbroker before the Captain Super intendent of Police, with a view to having him charged with receiving stolea pro-

· SIXTEEN DAYS IN OPEN

BOAT.

]

WRECKED SAILOR'S TERRIBLE. PRIVATIONS.

*

BREACH SHANGHAI

PROMISE ACTION.

OF

CLAIM FOR $10,000 DAMAGES.

At the US. Court in Shanghai last week, before his Honour Judge C. S. Lobingier, Mr. P. W. Goldring submit ted a motion to over-rule a demurrer filed

GÄLLANT RESCUE NEAR SHANGHAI.

FRIEND SAVED FROM DROWNING BY MÀ. H. D. RODGER,

Members of a large party who want down to Pootoo for the week-end witness ed an exciting incident on Saturday afternoon, the ith inst., says the VC. Daily News, the adventure almost ending in

was the order of the day pimest directly after the boat's arrival at Pootoo, and a party of some 50 visitors at once took to the water at the smaller of the two benches. A strong tide was run. ning at the time, and few ventured across the breakers About TO0 yards from the. shore, though bathing here is perfectly safe under normal conditions excitement was caused when lady mem ber of the party was seen to be in dif culties some little distance out, and Messrs. H. D. Rodger and Donald at once wont to her assistance and were able to bring her in without much difficulty.

firstw

They had just reached the beach again when sorrie one shouted that a man waa drowning, and it was seen that Mr. J. J. Knowlan, another member of the party, was in danger, battling unsuccessfully in an attempt to return through the breakers.

Although somewhat tagged after bla Arst chort, Mr. Rodger went out again where I and upon reaching the spot where Mr. Knowlan was struggling in the water, found that he was on the point of complete exhaustion.

FIERCE, BATTLE WITH THE TIDE

by defendant in an action for breach of promise to malerietta Weil.

Wright by Miss The petition alleges that in October, 1916, defendant made a proposal of mar- In June, 1917, the petition fur- riage- ther states, the parties were engaged. Until June, 1921, they remained aflanced. Then begin a battle with the tide in On June 4th, 1991, the defendant mar which both men cane perilously pear los- ried & Miss Dora Emens. Plaintiff claims ing their lives. Twice Mr. Rodger essay. ed to take his companion over the break- damages in $10,000.

Mr. Goldring characterized the deers, and ench time was driven back.

He then headed for Mr. F. J. Schuhl ou murrer fled by

rocky ledge some behalf of the defendant as a frivolous 30 yards away and having reached that defence, purporting to be laid upon the attempted to pull Mr. Knowian, who we Statute of Limitations. The demurrer now fa a helpless condition, out of the raised three points, that first of all the water. Both men were twice carried back petition did not set forth facts suffi,

into the sea by hugį wares breaking over ciently to constitute a good cause of

the rocks, and at the third attempt Mr. action; that it could not be ascertained Rodger, who was standing upright and

had whether or not plaintiff offered to fix a time and fulfil the engagement, and that it was barred by the Statute of Limita tions. Counsel said he had set forth the facts absolutely, as to there being a cause for action, he had alleged a promise to

With regard

and to marry and a breach. the Statute of Limitations, the complaint had been made within the prescribed time allowed. This was not a case of seduc tion. Under the statute the time limit was three years. The action was founded upon a contract to marry, and such an action could be brought within six years, Seduction was only alleged in aggrava tion of damages. The suit was not one for seduction.

Mr. Schuhl submitted that the question raised was undoubtedly one concerning a cause of action for seduction, not a promise to marry. The Statute had set forth that such a suit must be brought within three years. Now much more than three years had elapsed and he appealed to the Court not to allow damages.or Thess. Phranang, which reached Hong aggravation in

breach of promise case kong on Sunday, brought a Chinese when the action had not been brought Counsel sailor, picked up in a small boat in the within the stipulated time. open sea, in the last stages of exhaustion from privation and exposure.

The many that as far as seduction whe plaintiff was out of that Court. was & member of the crow of 4 junk Mr. Goldring. My friend has missed wrecked in a typhoon between Singapore the point. Cases he has cited are dam

agon for seduction, under promises and Sarawak. The man, with one other, and ship's For thirteen days position to breach of prorcise aggravated tiga bost drifted for the men had by seduction.

Decision was reserved. no paddles. Neither had they any food but they managed to sustain life by cat ing sea-weed and drinking rainwater when they could get it. On the thirteenth day, one man died and his companion with great difficulty in his board. Three more days

and the passed

No doubt he

graaped Mr. Knowlan by the hand, was swept clean into the sea again, and carried some distance into a small inlet near by. He himself was by this time exhausted and unable to render further assistance.

By fortunate chance, Mr. Knowlan had been left by the receding waves lying on the slanting rock, and other members of the party who had raced round over the rocks were able to bring him to land. He was then in a condition of complete collapse, bat recovered later in the day.

Mr. Rodger was also rather severely tested by his strenuous adventure, but quickly recovered and well deserved the congratulations he received on his plucky A less capable awimmer was bound work. to have met with disaster.

REQUISITIONED

SHIPPING

CASE AT SINGAPORE. THE COLONIAL SECRETARY DEFENDS HIMSELF..

In the Legislative Council at Singa pore, last week, the Hop. Mr. F. S. James, Colonial Secretary, who had been severely censured by the Judge who tried the action of the Eastern

ence of the prosecution raised a strong was able to get clear of the wreck in a marriage, which are a very diferent pr❘ Shipping Company against the Govern

presumption of the woman's. guilt.

Mr. Brutton: My friend lays stresa on credibility; I submit it is entirely on cur side. You get a man who says he is wealthy banker-the owner of two other shops. He liked to see this

a well-dressed when she acted as begusted state, to put the body over. Joe and in the same breath he says, "She has no jewellery whatever; I never gave ber any. He asks you to believe Phranang sighted the little craft and the that, enamoured as he must have been survivor was rescued. of this woman, he never did anything more than dole out to her 83.60 and $1.50 when it had been earned in the

brothel."

Continuing, Mr. Brutton asked why a man had not been called who was sup posed to have had custody of the watch and chain at the time when the fugitive alleged that they were in her posses Bion. He suggested that the truth of the case was that the banker had lost face because his concubine had left him. Under the extradition law he could not get her back for leaving him; to do so he must prove a criminal offence. He, therefore, decided to accuse the woman of stealing the jewellery with the one object of revenge.

had seen many ships which passed too far away to catch sight of his boat, and, the, agony of hope and disappointment to which he was subjected may be imagined. The rescued man is at present in hospital under treatment.

SPORT.

WATER POLO'

"At the V.RO. bath, yesterday, the BG.A. defeated the United Athletic Club by 4 goals to a

Lewis (3) and Roddick scored for the winners.

RUSSIA AND THE PACIFIC CONFERENCE.

www..com

M. YOURİN AND THE WAICHIAOPU.

SENSATIONAL REPORTS

EXPLAINED.

ment for compensation for unauthorised seizure of the company's nine ships: during the war, made a long statement in his defence,

It

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The Straits Times in a brief comment on the statement says:-" The statement made by Mr. James at the Legislative Council meeting yesterday appears to us, to be définite and conclusive. leaves no possible room for doubt that the Eastern Shipping Company refused As sensational reports have been in terms which every other shipping com circulation regarding the relations of M. pany accepted, and that its refusal was Yourin (a Minister in the Government purely and simply based upon a desire of the Far Eastern Republic) with the to get bigger profits. Nothing Mr. any effect upon its Waichiaopu during his recent visit to James did had Peking, Reuter instituted inquiries in policy, and the least that can be said is official quarters and was informed that that it shewed no very keen appreciation when M. Yourin was passing Fengtien of the critical times or of the gigantic ho met General Chang Tso-lin and sacrifices the Empire was making. wished to discuss with him matters, re- these circumstances, sympathy with the lating to Mongolia, the Chinese Eastern company or censure of Mr. James would Railway and a commercial agreement be equally misplaced. The intter did his The company has between, China and the Russian Far duty and no more. Eastern Republic. General Chang Tao- certainly not earned a place on the roll lin informed. M. Yourin that he had no of honour which will record the names authority to discuss anything but Outer of those who stood generously by the Mongolia, and it was arranged that M. Empire in its hour of need.' Yourin should. retara to Mukden istor on. In Peking the Waicbaiopu declined to enter into any agreement relating to Outer Mongolia, on the ground that General Chang had been empowered to deal with that question..

In the event of an agreement being reached at Mukden, it will, therefore, be of the character of a military under taking between M. Yourin, acting on behalf of the Red forces in Outer Mongolia, and the Commander-in-Chief

CHINESE PRESIDENT'S

ADVISERS. BRITISH FOREIGN OFFICE AND MR. LENNOX SIMPSON.

Mr. Bratton next dealt with the com- plainant's statement, in cross-examina tion, that bia, wife bought several of the

A RUSSIAN COMMENT. articles this wife, who earned her money tieing' pigs' bristles and sticking

The Press of the Far Eastern Republic labels on match boxes, was supposed to have invested this valuable source of has been discussing the coming Wash revenue in no less than seven of these ington Conference and regards it as a Why was not the sign of the bankruptcy of the League of expensive articles. wife called Proof of ownership was Nations. The Pravda ("Truth" says an essential ingredient in a charge of editoriallyIt is important to note larceny. He did not believe that the that neither Soviet Russia nor the Far of the Mongolian expedition. complainant's wife would have entrusted Eastern Republic has been invited to the the articles to her husband's care: she conference, which countries have a direct would have kept them herself. Britton submitted that no jury would connected with the Pacific. The parti THE PORTUGUESE CLUB. AT caused inquiries to be made of the Chinese believe a part of the man's story when cipation of China, in view of her weak- the other part was proved to be absoluteuss, is of a farcical nature, To all ap-

ly false.

Mr. interest in the settlement of questions

SHANGHAI.

the

pearance, the conference will engage in An extraordinary general meeting of dividing spheres of influence at the the Shanghai Lusitano Club was to be There was some discussion de to the expense of China and Russia. The held yesterday for the purpose of position of the magistrate an regards to Washington Conference will be as fruit considering the following resolution: the Chinese Government. extradition cases as compared with caseless to the interests of the population of Ibat the Board of Committee of the for commital to the Sessions,, and ulti- the east-hemisphere as the League of Shanghai Lusitano Club be and is mately the hearing was adjourned until Nations was fruitless to the population hereby empowered to merge the Portu Thursday morning, the Magistrate in- timating that he desired to consider this of the western hemisphere." point further.

The Foreign Office on 7th inst. issued the following: In view of the many articles which have recently appeared in the Press by Mr. Lennox Simpson, in which

the

author is described as Politi- cal Adviser to the Chinese Government," Secretary of State for Foreign Affaira Government, through his Majesty' Minister at Peking, as to the exact status of that gentleman. The Chinese Minister fur Foreign Affairs has stated in reply that Mr. Lennox Simpson does not hold the appointment. of Political Adviser to Seen by น newspaper representative with reference to the above communiqué, Mr. Lennox Simpson said: "This is a gnese Sporting Association with the mere quibble. I am adviser to the Presi Shanghai Lusitano Club, and that it is dent of China, charged with the daily authorized by this meeting to incorpos duty of writing reports on foreign affairs. IMPORT

rate in the books of the Shanghai There are other advisers, and for the par- CHINA PROHIBITED. Lusitano Club the assets of the Portu- pose of convenience over here I have guase Sporting Association and to enter described myself as political adviser to the Chinese Government. There has been The International Anti-Opium Asso- into the Register of Members" of the ciation announces that the Governor Shangbai Lusitano Club the "Roll of good deal of trouble over the Generalin-Camoil in India" has pro- Membera" of the Portuguese Sporting business, but the attitude of the

THE ASTOR HOUSE HOTEL TRAGEDY.

No date has been fixed; at present, for the Coroner's inquiry into the death of Mr. Luiz Coma Candulls, who died from wound in the throat at the Astor House Hotel, on Saturday. The presence of Mrs. Capdaila will naturally he nece sary and she is, at present, under medi- cal observation at the Government Civil Hospital,

POPPY SEED

ΤΟ

• Faking a cash in touch with

is simply pathetic What bibited the export of poppy seed to Association. That the fusion of the two

with in that should leave the China and has empowered the post Clubs take place forthwith and that the

really his Calçat, Bombay, Madras, Committee be empowered to alter the the king Gove

and am entirely lagoon, Aden and other centres to Articles of Association of the Shanghai cognizant of its affairs. At present I am search all articles in course of trans Lusitano Club to cover all that is re in Europe acting under instructions from mission by post to China fer poppy seed. quired by the fusion. That further the Chinese Government for the purpose and to deliver all postal articles reason everything necessary to the fusion he left of investigating and reporting on foreign ably believed to contain such to the to the Committee of both Ofabg to work relations as they affect the welfare of nearest Collector of Customis.

China' out as they many dosin it expedicnt..

A MILLION MILES FROM NOWHERE 9898 (YOU AIN'T HEARD NOTHIN' YET · '{COME AND PLAY WITH ME.

AL

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(THE COLUMBIA SHOP

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