1923-07-10 — Page 5

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SUMMARY COURT.. THE BREACH OF CONTRACT CASE. SUIT AGAINST MOLLER ÅND-CO, AND

represented by Mr. E. G. Corbett, and Mr. Ortou by Mr. A. el Arculfi.

THE RONGKONG DAILY PRESS, STUESDAY, JULY 10TH, 1928.

A FOUNDERED JUNK. [CREW RESCUED UNDER DIFFICUL

TIES BY THE HEUNGSHAN."

that he was destitute and that he thought

ONE OF SIR PAUL'S

PENSIONERS-

وار

CHARGED WITH BEGGING.

The old man did not dispate that be

revived a pension, but said that the

it' best to tura himself over to the amount he received was $6 a month and not $. He also remarked that his bene Authorities

factor was out of the Colony on leave a anthe present moment,

the

Asked how he came to Hongkong, Defendant said he stowed away on

American steamer, and for this he was sentenced to one day's imprisonment in Hongkong.

AMERICAN DESTITUTES. IN HONGKONG "AMERICAN CONSUL'S WAY OF DEALING WITH THEM. In reference to the recent notice to

An old blind boggur, named Li Yau, T. ORTON (AS THIRD PARTY.}@

"The American Consal will not have mariners that a junk sunk of Deep Bay

He refuses to who at one time was a gardence in the The Summary Court inse in which constitutes a danger to navigation, wo anything to do with me, Moter and Company Ltd. and Mr. learn that the vesselin question foundered recognise me at all because I cannot show employ of Sir Paul Chater and who is Thomas Orton, late Manager of the firm in view of the 3. Henaghan (Capt. any papers as to my nationality." This now in receipt of a prasion of $t, al month in Hongkong, were atted by the Man Wo R: D. Thomas) at about 8 pm, on the was the excuse put forward at the Magis from his fermer employer, was charged Clarence Davis, before Mr. C. D. Melbourne as the Fat firm in breach of contenet case was 2nd just. The Heungchen was brought up tracy, yesterday, by continued yesterday afternom, before his close to the wreckage and lowered a beat aged 2 years, claiming American nation: Magistracy, with begging in the City.

Horat. Elston explained to the Magis- Hour Mr Justler Gaupertz.

(containing the Second Officer and fourality and said to be an unemployed Mests. Molter mit Co. Ltd.

men) with the object of saving the crow, caman. Davis was charged before Mr.trate that the mum wasted, his pension ea who were clinging to the sail and other Methorne with being a vagrant opnum smoking and the result was that wreckage, which floated away after the and without visible means of subsistater, he had to beg..

The defendant also told his Worship The case had been adjourned for the junk wank, Unfortunately, owing to the production of Moller dial Co's power of heavy sea, running and the hard S.E turney to Mr. Orton, and for the gale blowing, the Hungabog drifted "sa attendance of Mr. S. T.

(quickly to leeward that the boat was forter manger) is a witness,

smashed between the guard of the ship Mr. Williamson stated that he was.

and the sea before the crew were able to formerly a Director and General Managers her out clear. Happily, they all if Moller au Co. in Hongkong. During succeeded in clambering on board again, that life there was no fear business denis

and the Hengshan, which by this time by the firms at all. On one occasion had drifted away from the wreckage, was friends of the Company in Australia sold a quantity of flour to Chinese are in again maneuvred into position and the anchor dropped to hold her stationary Hongkong, but the Chinese did not take

while the wreckage drifted down towards it up al it simply lay in the grutowns

hor. In the meantime, the cries, and fer threths and went bad. At the gesticulations of the shipwrecked crow, end of that time the company in Australi who thought they were abandoned, wire wrote to Moler and Ch., "as friends," and asked them to disper of it for them.xtremely pathetic. Ropes were got in readiness to throw to the shipwrecked which they die.

Mr. Areulli, to witness: You slid some crew, as soon as the wreckage drifted close other merchant business did you not enough for the shipwrecked crew to reach Nothing of any importance, "one or two them. This operation had to be carried

YUTY very,

small deals. Practically out with great dispatch to avoid the rest of them being injured against the ship's' nothing at all.

Further cross-examined, witness admit-side or enrried underneath her. Ultimately ted that the firm had dealt in cual to`s all were safely got on board. The jung certain extent. Mr. Arenili theo handed was bound from Tongkuan ta Hongkong up a sheet of the firm's notepaper and with a cargo of breks and lime, andį asket), witness whether the letter head did and carried a crew of six men and two nut describe them as merchnuts.

After a close examination of the paper. witness admitted that this was so, thôngh he added that the jetter hend was different in his own time.

Mr. Erie Moller, recalled by. His Honour, stated that Mr Orton had one qualifying share of 850 in the Curapray, though actually that share was his own (witness's) property. It simply qualified Mr. Orton as a Director. With reference

women,

ALLEGED THEFT OF JEWELLERY. INCIDENT AT BROADWOOD .TERRACE,

|

Asked if he liked the idea of being kept. at the Government expense for 23 days," the old man said he did not mind.

Inspectos Purden informed his Worship The Magistrate (to the interpreter): that the American Consul would not have Tell him if he is not careful a recommer anything to do with American destitutes dation will be made to Sir Paul Chater unless they are first put into the House to cancel that pension. of Detention, "Of course, if he goes there he will have every opportunity of finding employment while he is there," added Insprotor-Purden.

+4

The Magistrate: I will have to commit to the House of Detention. If you go by the rules you will be better off there, than outside, You will be allowed out each day.

The defendant: That is fair enough. I am agreeable.

Davis was then formally committed to

the House of Detention,

CORRESPONDENCE.

BENEFIT PERFORMANCES.

TO THE EDITOR OF "THE HONGKONG DAILY PRESS."}· SIR-My attention has been called, somewhat tardily, to your issue of last A fisherman was charged before Mr. Saturday and a letter therein signed J. R. Wend at the Magistracy, yesterday

"Pro Bono-Publica," under the iwading Beachit Entertainmentä, which appears anorning, with the theft of a quantity of valuable jewellery from No. 2, Brondwood to be directed to this address, If I am de the deal in pani mentioned, he teki Terrace, the residence of Mr. T. R. wrong in this opinio, make my that Mr. Orton was authorial by the firm Parsons. The artie's enumerated on the apologies in advance to P.B.P., yourself If I am right, an to buy coat in Japan Hongkong prices charge sheet were one gold wrist watch. and your readers. bring too high,--for the Company's own

one gold bragg'rt, two gold Anger rings. apology from P.B.P. would wrem appro Apparently, however, he purchased too much, and so the surplus was sold. No one pendant,-ictal value $550. other arrchant business was done by the At the request of the Palice Officer in firm in this Cobuy. The sale of the surcharge of the case a formal remand was plus coal, nen, was not done with, wif granted." nesa's permission.

Cros-examined by Mr. Aren, Mr. Meller denied that the coal was originally bought for re-sale.

priate.

We made a promise of a proportion of two days' takings at the Coronet Theatre to the London Hospital Fund at the

This prompted the defendant to "make

lengthy explanation that he was net begging, but that as the time of his arreat he was on his way to visit some friends,

The Magistrate said he would let him. off as lightly as possible this time and imposed a fine of $5 with the alternative of 14 days. "Now don't come herd jagain," added his Worship as the mat was

preparing to leave the dock..

A GLIMPSE BEHIND THE SCENES.

CS.P'S KINDNESS TO A HAWKER,

In a case at the Magistracy yesterday a womar hawker was summoned for selling wares within the limits of the market.

The woman toid Mr. Melbourne that me time ago the Captain Superintendent of Police (Mr. E. D. Wolfe) made her a ret of 85 to buy a hawker's Frence, which she did. Mr. Melbourne took a lenient view of her ease and bound the leader over in personal bond of $10 for period of six months.. The woman was. very grateful for his Worship's lenency and eft the Court expressing her thanks

CARGO PILFERAGE

A cargo linger was charged at the express, request of, the Hongkong Tele. Magistracy yesterday with attempting to graph. We were certainly not seeking pilfer cargo from a Blue Funnel liner.. CHINESE FOOTBALLERS TO humper houses and big profits for car. It was stated by the Third Offer of the

TOUR AUSTRALIA,

Aselves on such a despicable pretext. vessel that he saw the defendant rip off DECISION REACHED AT LAST. · ¦ Indeed, "P.B.P." cannot know the habits a piece of wood from n case of blanketa of the public very well if he imagines that which were under consignment for Shang- At a metlag of the South" China any such offret would be produced in this hai. The defendant's plea was that he Athletic Association held on Sunday night, way. Did the canritable aspect draw even thought the case was for local delivery which was attended by Mr. H. A.eze person into the theatre on the two and that he ripped off the pices of wood Replying to Mr. Colett, witness statel Millard, representing the Australian daya in question to "P.B.Pa" know by accident. that he last heard from Mr. Mayer a fort Football Association, it was decided, after lodge? night age when he received a valle from |

a prolonged discussion, to send an Asso- him, referring to four deals.

Mr., Orton was "then" recalled to the witness box. He stated that he signed three floar contracts on behalf of the firm.

and not on his own behalf.

Mr. Corbett: Why is Mr. Mayer still dealing with you? Why dorg he not deal

Mr. M. M. Watson, solicitor, who re presented Messrs. Butterfield & ̈ Swire, emphasized the gravity of the case owing to the frequency of the offence.

As for naming a definite percentage, clation football team to tour Australia, why should we furnish gratuitous infor- South Chinn is to provide twelve of themation in a highly competitive business

in Hongkong Would any newspaper with Mr. Moller! He knows you have players and North Chinä sive: Jeft the firm i-As far as 1 kuow lar does! For some time past there has been a publish precise figures of its circulation? not kuus. In fact he was the cable to me heated controvery on the subject of On paying over our contribution to the ment. "addressed "c/o Moller."

guarantees and return passages from Fund, we have shown to a representative

These have now been settled of the Telegraph our books to the extent DR. C. C. WU AND THE CANTON Mr. Corbett With regard to those Australia.

CONSULS... telegrams betwon yourself and Mr. Mayer and it only remains, for the details of the that he could verify for himself that our about the steater which conveyed the tour to be arranged.

flour, did you pay for them out of your join pocket, or with the Company's

mowy paid for them myself.

SPORT.

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gross takings for the two days in question were actually less than these for the T guests at the dinner to the Consals. corresponding two days of the previous given by Dr. C. C. Wn. Secretary for week, or than the average for the same Foreign Affairs, at Canton, last week, two days throughout June, To go were:-

farther back would make our case appear stronger, but we should be going back into cooler weather with fewer bathing picnics.

Mr. Arculi sail his defence was that Mr Mayer entered into this contract with the Company, and in the Company's name. In the Objects Clause in Meinoraudum of the Company they were Recreation Club, beat the K.C.€. “A” by

In fine, by all means let tie-Government empoacred tɔ 'carry on þušies, as commie 30 games" 44, as follows:- sion agent and, merchants, and to buy O. Ismail and Ackbar beat Juck and take powers to control Benefit" perfor- and sell goods. Evidence had been given Monuginu, 8-3; beat Foster and Mason,mance (nota the apostrophic sneer); in showing that there were transactions on G5; lent Brown and Ramsay, 8-5. -

..

the meantime one would think that

H V Hay:

Hongkong, July 9th, 1923.

Hamid and A. L. Rumjan eat Jack P.B.P has well done his little bit " the firm's part in coal, as well as in other and Monaghan, 83; test to Foster and things, though in a smaller way. These Mason, 20; beat Brown' Ramary, 7-1 in the direction of discouraging, any dealings were not part of the business of Hussain and Mabono beat Jack and future similar benefactions. Yours, etc.,

shipping company, but were transactions Monaghan, 6-5; lost to Foster and Mrson, usually put through by merchants. In the 6-6 beat Brown and Ramsey, 74. Power of Attorney issued to Mr. Orida, he was authorised to conduct the company's

There was que other YOUNG ACTOR SHOT, business, and this included merchant Compass safe. business. If they were right in that con point. They had seen that I. Orton

MURDERED ON RETURN FROM knew when he was making these contraris

KO SHING THEATRE. clusion there was nothing more to be said that Mayer's firm was in a doubtful Supposing, however, that they were wrong, financial condition. Was it hely then, that he as a man of business, would enter

Shortly after leaving the Ko Shing thon still the Company was bout under into seventeen contracts with them on his Theatre on Saturday, a young actor, its Indemnity Clause of the Articles of an account Association to indemnify its officers, of Mr. Corbett, replying, stated that they whoso stage name is Lan Yuen Kan, was still contended that Mr. Orton entered fatally shot in Queen's Road at night.

whom, as Managing Directer, Mr. Orion was one. Mr. Arculli stated that Mr. Orton was appointed to that position by Mr. Mollor in October of 1921, with reference to these transactions there could The litro doubt but that Mr. Orton had actel in all sincerity on behalf of the firm. He bad mado, no seret of the contract. Mr. Xavier had boon told and the contracts themselves were kept in the (Continued at foot of next column.)

into the contracts on his own account.

Sir James W. Jamicson, K.C.M.G.,

British Consul-General

Mr. Fiji Amau, Japanese Consul-

General;

Mr. R. P. Tenney, American Consul in

Charge of Consul-Gepera);

Mr. G. Goubault, French Consul in

Charge of Consul-General;

"Mr. A. F. Batalha, Portuguese Vice-

Consul in Charge of Caneul-General;| Mr. Wallace J. Hanser, Consul for

Denmark;

r. W. Spalinger, Consul for Switzers

land,

Ar. G. Wondenberg, Acting-Couaul for

the Netherlands:

Mr. H. S. Smith, Vice-Consul for

Norway;

Mr. G. W. Oliveerana, Acting Vice

Consul for Sweden'; Mr. F. A. Wallis, British Vice-Consul Mr. F. Valentine, French Vice-Consul; Mr. H. Bucknell, American Vice

Consul;

Mr. W. RM'D, Parr, Commissioner of!

Customs.

The Chinese officials present were:- Ych His Honour. If Mr. Orton was It is thought that the unfortunate young Managing Director, what was Mr. Meller min had been tracked by the murderer, Kung Cho, Secretary of Finance; Ching Mr. Corbett replied that Mr. Orton who shot him in the back just as he was Chien, Scortary for Military Affairs; never had been Managing Director, Actually he was appointed Director and leaving Queen's Street to go into Quern's Liao, Chung. Hoi, Governor of Kwang General Manager on October 18th, 1921. Road. There were very few people about tung; Sun Foo, Mayer of Cantous Foo Had the deals turned out all right, he the time and the murderer got away. Ping Shoung, Commissioner of Foreign continued, Mr. Orton would probably have aid nothing more about their being The victim was taken to the Government Affairs and Supt. of Customs-Wi conducted on the firm's behalf, but would Civil Hospital where he died almost im-Techen, Commissioner of Public Safety; have pocketed the proceeds and procecial mediately. The motive for the crime re- Lak King Fo, Arsistant Commissioner of firmorcab over Mr. Xavier,

Foreign Affairs mains a mystery.

Judgment was reserved.

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