1924-04-12 — Page 5

Page

1.

PIRACY OF THE S.S. "SEIXAL."

THREE GUARDS KILLED: ONË SERIOUSLY · WOUNDED.

FORTY PASSENGERS TAKEN CAPTIVE.

[FROM A CANTON CORRESPONDENT,}

To the long list of piracies, which has Been a characteristic fentare of the danger

of navigation in the Canton Delta within the past few months, must be added the piracy of the Portugues, steamer Setrol, brief details of which live appeared in the local press

The Neural is" a samalt river weaney of ta, running between Carton and

THE HONGKONG DAILY PRESS, SATURDAY, APRIL 12TH, 1924

THE EXCHANGE CASE. THE LATE HUGO STINNES. JUDGMENT FOR THE PLAINTIFFS, OWNER OF SHIPS, RAILWAYS, AND

NEWSPAPERS.

Judgment was delivered yesterday in MILLIONAIRE MANY TIMES › OVER, the Supreme Court by his Lordship the Chief Justice (Sir William Rees Davies) in the case in which the Bank of East Asin sued Mr. J. H.-S. Mody, the well known local broker for the recovery of)

$7,448, an amount of money for which he stood as guarantor in an exchange transaction-luring June, 1921. a few weeks before "the Banqas Industrielle closed its doors in Hongkong. Mit Mody was given judgment

" counter-claim against the plaintiff for nearly $8.000.

It

YAUMATI SHOOTING AFFRAY,

MAGISTRÁCY HEARING CLOSES.

ALL DEFENDANTS TO BE

COMMITTED.

Hugo Stinnes does not make it clear when unlawful possession of arms and with

The cable announcing the death of Herr

The three Chinese charged with being ther it refers to the father or to the 400, both of whom bor; the same names. being concerned in the Inumati shooting affray on Canton Rond on the 29th reference to Herr Sonury, senior, who has Mr. Lindsell at the Magistracy, pister- is presunable, however, that the cable has December last were again brought before been known to be in indifferent health

for some considerable time,

name cropped up so often in pest-war The life story of Herr Stiune", whore day in connection with Reparations Con- ferences and the French Occupation of the

day:

Mr. T M. Hazlerigg (Acting Crown Seliciter) proseentry.

Wuchow, "She left for Wychow an Thurs. which he claimed as brokerage duc toi Ruhr, is that of a man, who was consists Chinese constable, both of whom were

das Agril aid, at 1030 am, with 200 passengers on bond and ik full load of general cargo. She was where the com- mand of Capt. J. R. As, and carried

gar of six Inulinus."

All went well und Sam Chaa was

him..

'dant.

A

4

Evidence confirmatory of that of In spector T. Murphy and Sergs. Fender was given by Crown Sergt. Kelly and a

present when the shooting took place.

PC. McEwen described how the third djerdant rushed out of the house, rau few yards, and tired three shots. Wit

thi

f

con-

ON

ently successful in all his business enter- Mr. Eldon Potter and Mr. F.. U. Jenkin.prises. It is not possible to tell a romantic were story of his triumphant overthrow of early instructed by Mr. E. Davidson, counsel for the plaintiff bank, and Mr. obstacles, or his laborious rise to affluenca a Chief Engineer, Mr. A. Jorgo.: Apart (C. D. Alabaster, KC, and Mr. Camp from the traditional condition of hores Iown them two, the other oiliers were bell Prosser, instructed by Messrs Wi-poverty." The fact is that Hugo Stinnes nos returned the fire and chased the de Chinese, Mhy also had on bone an armed kinson and Grist, appeared for the defen-enjoyed very considerable · Rilvantages Podant long Saigon Street into the eren at the outset of his carver. HiDeported Shed Witness next saw"defend- The farts of the case is set out by the parents" were wealthy people, and his ant sneaking out of the gate of the com- reached, at about s40 p_m., when the first plaintifs, were that on June 7th they con-paternal grandfather, Mathias. Stindes, pound. McEwen. having taken a indication of trouble was given. Shots tracted to buy, through Mr. Mody, the was a man of great influenes in the dis-stable's revolver fired again. and wer fred and the pirates made a sudden sum of £1,000 in sterling from the triets of Westphalia and the Ruhr when reaching the gate found defendant lying rush, killing outright ong Fadlan guard Bague Industrielle de Chine at the Hugo was born in 1879. Ar the age of

wounded on the ground. There were ti on duty. The pirates numbered about 40, exchange rate of 2/d., the money to he, young Hugo Stinnes inherited his arms on him then Witness carried the and simultaneously a rush was made for paid to their London agents (the London grandfather's entire business, which at defendant to the Yaumati Poles Station. 'the guards' quarters on the upper deck. Joint City and Midland Bank) on the the time comprised several flourishing He was wounded in a number of places. Here they shot and killed two more following day. The plaintiffs stated that | coal-mium, 'and feets of tugs and barges,

Narin Singh (an-fadian police-con- Indian guards, and seriously wonuded) in consideration, thereof the plaintiffs in To was not long before the young man stable), said he prached the secne of the another who was off duty. The Arms of Flongkong-paid into the Hongkong branch gave evidence of his remarkable business affair just after the alarm was given. He these guards werf stolen, and the other of the Banque Industrielle the sum of aptitude: Iron and steel came quickly saw two men run out of the house, armed 180 watsbuen lærely managed to escape, $77,134.86. The Banque failed to deliver into the "orbit of his activities, being with revolver.

Witness chased, one of After the guard- had beery accounted for, the £10,000 to their London agents, and followed by ventures in electrical works, them. This was the defendant whom la rush was made for the cabins of the they also failed to repay the amount shipping and railways, newspaper enter Sergt. McEwen was following. When the Captain-and Engineer. The pirates heldkugel and therefore as Mc. Mody was prises, and hotels.

men fell witness ran up to him and found both"officers prisoters in their cabina and | guarantor of the contract which had been In 1914 the income of Herr Stinnes a revolver close to his head. mounted sentry at the door. They took | broken, and also as the Bank of East Asia was estimated at 30,000,000 mark. This, A Chinese coxswain deposed to hear away all the money, clothing and valu- refused the contract until the defendant at a time when the value of the marking shooting from the direction of ables obtainable in the officers' cabins, and had becquie the guarantor, they were was roughly a chilling, was 'equivalent to Canton Road. He then saw a man by then assumed control of the vessel, keep-suing him for the money paid "into the about £1,300,000. Latterly, despite the] the Deportee Compound gate. He had a ing time pitoy as his position by threaten. Hongkong Branch of the Banque Indus-cakamitons depreciation of the mark, and rearin in his hard. Witness ran in the ing to shoot him if their orders were distrielle,

Germacy's industrial difficulties, his the opposite direction, and, on look- obeyed. Three quarters of an hour later The statement of defence was to the annual income was calculated at the ing, saw a European Sergeant (McEwen) Soo Man Sha was reached and here, effect that without their knowledge or stupendous figure of one billion gold enter gate. All three defendants | after giving two blasts, which were re consent the Bank of East Asia ly and marks! The power which he wielded miled broadly, when the witness des- peated" three times, a good number of through their London agents had altered through his newspapers was enormous, cribed how he ran away on seeing the font came alongside with close on 10 the terms of the contract, thereby pre Zeitung, ranking as perhaps the most in-

his chief organ, the Deutsche Allyṭiciu: | defendant. pirates, thus increasing the number of judicing the defendant.

You are brave fan!" commented his In London the pirale to nodir 80. "A systematic search agents hail altered the terms of the con-

|fluential papir in Germany,

Worship to witness: You ran like a of the resel was then commenced" and, tract to read " deliver after confirmation

Despite his remarkuble success in other rabbit!" -

Herr industries, after ransacking the Compradore Depart from the Paris offer of the Banque In-

Stinney was nover Witness explained that he was hurrying ment completely, they proceeded to rob|dustrielle."

entirely lured away from his early "fav back to work. Lourite, shipping; and a comparatively re- The passengers who were herded together"

In delivering judgment his Lordship, in the second clase compartment. One of outlined the facts and deait inainly with vent Rotation was the Huge Stinues. Line the passengers, out of sheer fright, tried the question of variation. The defendant of steamships, trialing to China and to escape and was immmediately shot had dexted liability and had alleged that |

Japan. This was under the management down. The remaining passengers were the plaintiff's Londou spent agreed, with presumably assume the control of his of Hugo Stinnes, junior, who will now tied together and taken captive when the out his consent, to alter the terms of the father's other manifold interests. pirates felt the vessel, after they had agreement. Defendant also said that he been in control of the ship for nearly three

was not notified of non-payment till two hours. At this point the pirates left the days after the Banque Industrielle bad

A statement of the defence alleged vessel and on reaching the shore they fired suspended payment, and had thereby lost that the plaintiffs by their agents bound man asked defendant to follow him. on the ship. The Scizat, after her re his remedy against that Bank. In law themselves by contract with the Banque," lease, proceeded to Sam Shui, the nearest he claimed to be discharged by a varia and it was contended on defendant's be part, where the matter was reported to tion of contract. His Lordship consider halt that those words involved a con the Customs Authorities who immediately ed that the chief issue of the case hung sideratios. His Lordship did not agrec. | revolver and, after threatening them, tied telegraphed the news to the Portuguese Consul at Canton. The wounded guard upon the question of whether or not a Consideration was necessary to the valid them up. Defendant then heard whistles was landed at Sam Shai and taken by binding agreement amounting to a varinity of a simple contract, and the plead and cries, and ran into knother room. rail to Canton under the care of the Chiff tion of contract was entered into in Loning should in some way state or show the His companions ran

It directly afterwards he was arrested on Magineer, Mr. Jorge. The Mneno Autho don between plaintiff's agents and the nature of the consideration for it tities

were immediately communicated Banque Indusrielle. He had come with would be impossible from the terms of the verandah. Defendant denied all with and they despatched the armed out doubt to a decision upon that. The the statement of the defence to infer that knowledge of the revolver or dagger.

The second defendant said that on the launch & Commandante Talone and Dome evidence on the facts constituting alleged such a plea of consideration was to be trio fiat to Sam Shri to fetch the variation was contained entirely in tele- relied upon at the trial, and in his day to question he was with two friends Jaked steamer,

grans and correspondence passing he opinion, if relied upon. should have been in a tea shop at Yaumati until 7.10 p.m. The Neid returned to Cantos, on

They then went to a house in Canton tween plaintiffs and their Loadod agents. specifically pleaded. Sunday morning escorted by the armed Accepting the facts as they appeared on

His Lordship thought he had said Road, acended to the second Boor, whet Jaunch. She prevented a sorry spectacle the telegrams and letter to which his enough to give effect to his opinion that defendant's friends produced revolvers with her apper bridge a mass of wreckage, Lordship referred, what was the legal there was no evidence before him of any and corrred the inmates. Defendant had and the officers' and the first class cabins position? He must state. that defendant binding agreement to give time to the no idea bis friends were going to commit all badly broken. She had on board the had said that guaranteeing a transaction debtor. The defendant alleged that ita robbery. When the firing started he bodies of the three guards and one of this kind was most unusual, and this was the duty of plaintiffs' agents to give ran downstairs, and after being hit in Chime passenger, and she anchored in was the only transaction of the kind he prompt notice to the defendant as aurety overal places, was captured. He denied mid-stream opposite the Customs' Quar- bad guaranteed. A statement of the law of non-payment and by their failure to having a revolver in his hand when

being acquiested in by both parties, the do so say they were guilty, of faches and caught.

The third defendant's „statement ; wad Interviewed, Capt. Assis related his question was whether there was a bind. neglect of duty, thereby prejudicing the gruchome experience and the rough treating agreementing time capable of defendant, who lost his remedy against postponed until today, when, "said, his ment he received at the hands of the enforcement If it was a there gratuitu- the Banque. The enlo in law was that Worship, he would commit all three. pirates. In was writing up his log when our forbicarance without any binding the surety would be discharged if the the sound of shots was heard, and be agreement it could not discharge the creditor omitted to do anything he was Fore he was aware of anything he received surety."

bound to do for the protection of the surety. Mr Prosser, relying on anthori.

ters at Horam..

a blow on the head with the butt of a pis.

tol, air was asked to hand over anything

Mr. Prosser, in an elaborate argument ties, coutended that if it was proved that

of value ho had. He was then taken out (continued his Lordship), had contended the surety had been actually damnified

to show the safe, which was forced open agreement enforccable in law. He admit ted that interest was not charged, thus

"Yes," added his Worship. That was

because them were robbers' about. I am you don't hurry back to work as a

rule

In a statement made from the dock the first defendant' said he did not actually

take part in the robbery, On the morn ing of the day of the crime, he said, he nt some men in a ten shop and attempted to some money from one of them. This

Defendant was taken to a house, and when they got upstairs the man who pro- mised to lend the motivy produced a

downstairs and

A CHEQUE COMES HOME. LADY PASSENGER'S LOSS.

Whilst Mrs. F. M. Koch, a passenger

of his cabin by the pirates, and told to that when a draft is payable on demand by the fuchs of the principal creditor, on the ss. President Lincoln, was in the show them the Compradore or Assistant Compradore. The Compradore did not

n bank will, on default, automatically be was released irrespective of the ques- ship's dining saloon, some one took from. make the trip on this cecasion, and when charge interest on it, and that that was tion of any duty being imposed, as to her cabin soventeen travellers cheques the Assistant Compradorm was indicated to them he was made captive and made a valuable consideration. constituting so giving him notice of default. In his Lord-

ship's opinion the authorities did not collectively valued at $500 gok! When as the key was lost,

can such a proposition. He thought the vessel arrived at Hongkong the lady the question of laches did not arise. La It is estimated that the total booty the suggesting that the agents knew the dan- his opinion, there was no defence to the reported her loss to the American Express pirates got away with amounted to nearly 200,000. In cash alone the amount ger of their legal position in charging it. betion, and there must be judgment for Company, the firm upon which the the plaintiffs with costs. He had given cheques were drawn, and continued her must have been nearly $40,000, as it is He said, however, that it was a cash pay judgment for the defendant on the voyage. The sequel was the appearance believed this amount was in the Comment and involved payment of interest. counter-claim and he was to have costs at the Magistracy yesterday of a Chinese pradore's safe. Most of the money re-

on the counter-claim.. presented remittances made by Chinese That argument, his Lordship said, was

Following the delivery of the judg-According to the evidence of Mr. Marsh, firms in Canton to their constituents in open to this remark: there was no evi- ment there was a lengthy argument be of the American Express Company, the Wuthow, as there are practically no dence that interest was charged. In tween Counsel on the question of costs lanking facilities at the latter port, thus

ou the counter-claim, which caused his mas tendered a cheque for $20 gold. necessitating payments In cash. Apart fact, the contrary was admitted, and fur Lordship, to remark: "I shall always. The cheque bore the number of one of from this he losses of the officers and ther correspondence, negatived the sug- remember the friendly arguments of. Mr the missing seventeen. The Chinese was passengers must be taken into considera- gestion that the payment of interest was tion, as quite a quantity of clothing,

arrested, and when charged, said that the money and jewellery were stolen from ever contemplated/

cheque had been given to him. The came. them.

was adjourned.

[Continuid at foot of next column.)

Potter and Mr. Alabaster."

:

His Lordship terminated further argu. maent on the point by riting when Mr. Potter was still on his foot

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