1926-02-25 — Page 5

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CANTON SITUATION.

SETTLEMENT WITH COMMIS...

SIONÉR IN VIEW.

{FROM OUR CHINESE CORRESPONDENT.).

The Kuomintang Political Commission in Canton has decided to instruct the strike pickets not to examine incoming er outgoing cargo until the Customs House has been through with its assess inent and collection of duties and likin and released the goods.

At the same time, the Commission, which is the highest authority in the Kuomintang Government. has decided to instruct its Minister of Finance, Mr. T. V. Soong, to protest against the action of the Customs Commissioner in Canton "which has impeded trade.""

THE HONGKONG DAILY PRESS, THURSDAY, FEBRUARY 25mm, 1926

SUMMARY COURT.

QUESTION OF A MERCANTILE

COURT SENSATION,

ANOTHER DEVELOPMENT IN THE

WING ON CASE.~

DANISH SHIPÓWNER SUES LOCAL | WITNESSES. THREATENED WITH

FIRM.

„CONTRACT,

MURDER

A MUSICÄL TREAT. : CONCERT BY MR. F. MASON'S PUPILS.

Every available seat was taken up at St. John's Cathedral Hall last night. when a concert was given by the pupila of Mr. Frederick Mason, AR.CO., LT.CL (Organist of St. John's Cathe

Garotte."

Before Mr. Justice Wood in the Following upon the sensation on Tuen Summary Court yesterday, Mr. A. Pday, when one defendant, on bail, failed Holler. Steamship Owner, Copenhagen, to appear in connection with the Wing Ondral Danmark (represented by Mr. G. T. Company case, there was Bennett) claimed 8809,93 from Messrs. startling development in the case when involami, and Massenet's Scene and a further Mrs. S. Minney sang Verdi's "Ernani, Thoresen & Co., Ltd., Imports and Ex-it came up fer bearing at the Central

Her renderings were charm- porta Merchants, Queen's Building. The Magistracy yesterday afternoon.

ing, and she gave to her songs the neces money was alleged to have been received It was stated that some of the witnesses sary dramatic power. by defendants in excess of the sum due for the prosecution, who were to be to them for acting as agents for plain.called at a late singe of the proceedings, tiff's steamship, the Sally Mearsh at had been threatened, by letter, with Swatow and Amoy. The whole amount murder if they attended the Court to give which defendants were stated to have re-evidence. The letters had been placed in carved was 8000.03, but plaintiff agreed that they legitimately claimed 3100 for their work as agents. Mr. T. H. Turaer

Ppeared for the defendants.

·

Mr. Turner asked for permission to call evidence with regard to usage and custom carried on by shippers in such in stances. He agreed that a contract had

In the meantime, the Kuomintang bus instructed the Chineso Superintendent of Customs, a colleague of the Commissioner with nominal supervision over but without "power to exercise authority in the Cus-been made whereby defendants should

toms service, to take whatever steps: may be necessary to keep Canton and outport traffic open and arrange for a satisfactory rettlement of the issue.

Miss Ruby Mow Fung sang three songs, Owen Mase's "A Welcome," McGill's Dumn," and Phillip's "Starry Woods." She was enthusiastically applauded.

Mia Winifred Robinson gave a fins

the hands of the police, but in view of interpretation of Debussy's Arabesque this fresh turn of affairs, Mr. F. C. Jenkin, in E Miss Robinson is an accomplish- who appears for the prosecution, askeded pianist. the Magistrate (Mr. R. E Lindsell) to Mrs. Bellamy gave four songs, the best allow him to call these witnesses that of which was Grefg's Solveig's Song " This is a difficult piece, but Mrs. Bellamy afternoon instead of in the chronological | order of the proceedings as he had at first

succeeded in giving a good interpretation. intended to..

Her other songs were D'Abert's" The

with attempting to defraud the Wing On In this case three Chinese are charged Company of $50,000 and interest.

Yesterday, Mr. Jenkin preferred......„âve further charges against the absent second defendant, Fok Chuen Yuen, formerly sub-manager of the Man Fat firm, and the third defendant, Lam Fook Chin, a man said to have been interested in print Fok Chuen Yuen, the second defendant, caused a sensation on Tuesday afternoon when he failed to appear. Last week alf

Palaquin Bearers," and Quilter's ! Fair Maid and the Butterfly," Martin Shaw's

House of Joy."

No less cbrrming was the singing of Miss Pearl Ogilvie. She sang. Cowen's "A Birthday," and a song entitled "Butterfly Wings."

"Sous le Brilliant Soleil de Mai"

act as agents for plaintiff at the ports of Swatow and Amoy. The charge of this service was 8130. Defendants had to pay 830 each to their agents at the re- The Kuomintang has also directed the spective ports, and the other 850 was in strike pickets to watch the movements of way of profit. They had, however, only local residents with a view to preventing charged a hundred, because they anti- any aid being accorded to the Customs cipated having much more business withing in Canton and Hongkong. administration either materially or plaintiff. At the two ports, the defend

ants had collected the freight charges, morally.

Chinese rice merchants on February on a two per cent. basis and held that 23rd appealed to the Commissioner, off they were entitled to this commission, three defendants were granted bail of musical treat of first class order, and each Customs for special permits to unload the Plaintiff's case was that this was not$20,000 ($10,000 cash: and 810,000 security of the singers and the pianistes will

cargo, as rice is admitted fret: should this be allowed, a number of rice carg boats will be able to depart for Saigon, Siam, and Shanghai at once.

A number of active members of the Kuomintang in Canton arrived in Hong kong by way of Macao on Monday in order to take the earliest steamer for Shanghai. Owing to the suspension of the Canton-Hongkong steamer service, they had to travel by launches to Heung- shan and then by car to Macao, through Chinskin. They would not discuss their mission in Shanghai, but denied that they were going to North China to fetch M. Borodin back to advise the Kuomintang in the présent situation.

IMPORTANT PROPERTY SALE.

SPIRITED BIDDING.

Some valuable leasehold property at Mongkoktaui was sold by order of the mortgagees, in the auction rooms of Messrs. Lammert Bros., yesterday, for $351,000, which was $26,000 above the apset price. There were three aspirants. for the property.

50.

Continuing, Mr. Turner said that the defence, wished to call evidence concera ing usage, and to prove the real inten- tion between the parties Plaintiff would maintain that the agency in question did that the defendants would have to be not cover the collection of freight, and satisfied with the sum of $150. The de- fence would like to call evidence to show their position with regard to the collec tion of freight. They regard that the collection was outside the contract, but they did hold that they were entitled to collect. The whole question was the real intention of the parties under a mercan tile contract.

Mr. Bennett said that the plaintif had acted according to the letter of the con tract, and defendants had received, all that was due to them. The contract covered everything which the defendants had to do, and they went beyond it They held that they were entitled to some- thing which they could not claim, which was entirely inconsistent with what, was expressed in writing. Evidence could not be admitted to explain an inconsis

tency,

His Lordship pointed out that the de- fendants were claiming that they had done something else outside the contract, and were entitled to payment.

Mr. Bennett submitted that they could

only do what they were commissioned to do according to the contract.

Mr. Turner said that there might very well be a contract with regard to the payment of the freight.

would still have had their 3150. had gone to Manila, the defendants

His Lordship You must establish that the question of payment of the freight was known by both parties,

The property was described as "fret. Mr. Bennett said that even had the all those pieces or parcels of ground reships not gone to Swatow or Amoy, but gistered in the Land Office as Sections A. B. C. and the Remaining Portion of Kowloon Marine Lot No. 84 (being the whole of the premises comprised in the

Mr. Bennett submitted that they could Crown Lease of Kowloon Marine Lot Nongly claim, the entrance and clearance 84) with the buildings erected thereon; fees. They had no right to collect freight and, secondly, a moiety of one equal unless it was specifically stated in the contract, and in this case it was not so. undivided half share of and in the right They did not even have an implied con- al creeting and maintaining a pier over tract, and, therefore, they had performed the Crown foreshore and Crown land those duties voluntarily, and could not

claim payment for them. Contracts in! shown on the plan annexed to the Crown writing had to be very strictly construed, Lease of Kowloon Permanent Pier No. 4." and it was manifest that the only duties

The property first described contains cording to the contract.NE

which defendants had to perform was ac- Total area of 80,307 square feet, or there- Mr. Bennett concluded by quoting abouta, and is held under a Crown Lease several cases in support of his case. for the term of 78 years renewable for a

further term "of 73 years.

The Crown rent payable in respect

Sections A B. C.

each), but only the second man succeeded in raising the money, and he was released from gaol last Saturday, and should have appeared on Tuesday. As stated, he failed to do so, and his bail was estreated the bail granted to the other two men and a warrant issued for his arrest; while was increased to $100,000 cash each.

AVOIDING CREDITOES, Yesterday morning Br. F. C. Jenkin appeared to continue the prosecution, The case had originally been fixed for 11 am, but a misunderstanding arose when the defendants were remanded on Tuesa day until yesterday afternoon.

(Pesse) was played by Phyllis Gilling- Fonsonby. In many ways this was the tam, Margaret Grose, Elaig Ma and Roso

most delightful of the items.

Those who were present enjoyed a

assuredly be welcomed, and not fail to satisfy, on any concert platform in the Colony.

KOWLOON FIRES. GARAGE BLAZES LAST EVENING.

The Kowloon Fire Brigade were called out to two small fires last evening, both of which were in garages.

The first one was at Yaumati, where

quantity of rubbish caught fire in a garage at Cheong Lok Street. The out Mr. Eisley Zeitlyn, who is defending, break was quickly discovered, and the was not present in court, and the solici tors instructing him remarked that they Brigade were soon on the scene and thought the case would be continued in had extinguished the blaze out before any the afternoon. The two defendants were damage was done. This was shortly not brought into the dock, and to pro-after six o'clock... gress was made in the case yesterday marning.

The second outbreak occurred about Mr. Lindsell asked Mr. Jenkin if he 8 o'clock at the Kai Tak Motor Bus knew the second defendant had failed to put in an appearance on Tuesday, and Mr. Jenkin replied that he had seen newspaper report to that effect Mr. Lindsell outlined the action he had taken in estreating, bai and issuing a warrant for the arrest of the defendant.

Mr. G. K. Hall, Brutton, one of the

solicitors instructing counsel for the de-

Jettee, said he understood there was misunderstanding there too. The second defendant believed the case was set down for Wednesday, and he might appear. He was told that the man was still in the Colony..

Mr. Lindsell remarked that Inspector Fallon had told him that he had been looking for the man for 4 hours and bad paid several visits to his address.

Mr. Hail Brutton said that the man had been in gaol throughout Chinese New Year and had not been able to attend to bis affairs, and thought he had better keen clear of his creditors.

The case was continued in the after noon but the second man still failed to appear.

ره

APPARENTLY · ABSCONDED.

Mr. Lizdiell: It appears, Mr. Zeitlyn, as if the second defendant has absconded. Mr. Zeitlyn: So I gather, sir. He is not here apparently.

Mr. Lindsell: Well his bail has been estreated and a warrant has been issued for his arrest, s

Mr. Turner, who also enumerated Mr. Jenkin : Before-proceeding further, several cases, said that they were seeking your Worship will recall that I preferred to call evidence to show that a contract charges against the first prisoner which Ara.cat between the parties. He sub-are additional to those of conspiracy and mitted that the construing of the term attempting to utter forged documents agency was not sufficient to arrive at There were three of feloniously uttering

Hemaining Portion of Kowloon "Marine Lot No. 84 is

to call evidence. He agreed that it was $832 per annum and in respect of the not one of the ordinary duties of ship's moiety of Kowloon Permanent Pier No. 4.-agents to collect freight.

· His Lordship, reserved his decision. $150 per annum.

Garage at Kowloon City By seme means, unknown, the engine of a bus caught fire. and the flames spread to the body of the vehicle, with the result that it was partially destroyed. There were no other busses affected, and the Brigade arrived in time to prevent further damage

than that done to the bus

"'EMPRESS" LINER ÍN HEAVY WEATHER.

PASSENGER SWEPT OVERBOARD.

The Empress of Asia appears to have encountered very heavy weather on her voyage across the Pacific last month.

A cable published in the London papers of January 29th says: Victoria (British Columbia) message states that the storms in the North Pacific have bat tered and delayed the Canadian Pacific liner Empress of Asia for four days. She was due on Monday, and has wirelessed that the expects to dock on Friday. She reporta one casualty, Miss Leona Kearns, an American basket-ball player, having having been swept overboard by a huge wave.

WEATHER REPORT.

Last night weather report and re marks by the Royal Observatory said :-- deepened. The anti-cyclone is stationary Depression NE of Hokkhaido" has ever the lower Yangtze valley, and has expected, along the S.E. coast of China

and over, the northern China Sen.

Local forecast: N.E. winds, fresh, loudy.

a decision, and be was, therefore, entitled forged documents; one of endeavouring strengthened. Strong monsoon may be to cause the sum of $50.683.03 to be paid} to the Industrial and Commercial Bank, and the last charge was one ef perjury He desired now to add five more charges against the absent prisoner, and five charges against the third prisoner, Lam Fook Chiu, of being accessories before the fact:

Mr. Lindsell I do not think I can entertain any additional charges against

ARMED ROBBERY,

The apiet price was $325,000, and this was immediately adanced by a brisk bid of $3,000. Other tids quickly followed, ranging from 000, the lowest bid per- missible, to 83009 and 83,000. Mr. Leung Armed robbers who broke into the Tin the absent defendant. Pat U becapé the purchaser at $351,000.

BIG HAUL AT SHA TAU KOK.

2

with them, that they might be presented Mr. Jeakin: I ask leave to carry on against him if he turns up, as I under stood this morning that be is only avoid ng his creditors and may turn up at any minute."

His Worship granted Mr. Jenkin's application.

Mr Zeitlyn's I have no objection to that. I only represent the first defendant now.

Mr. G. K Half-Brutton said he was appearing for the third defendant. Queen's Rond West, gave evidence that Ng King Cheung, a Chinese doctor. he knew the three defendants, as they had visited him.

An apprentice fitter at the Naval Dock- yard said that he was formerly engagedd ad boy by the third defendant, Lam. Fook Chiu, at a printing works in Canton. shop, and when he was abscat witness did Defendant only occasionally visited, this dosisioanl jobe. Witness believed that

Shing matshed, at Au Ma, Sha-Tan-Rok, New Territories, at midnight on Tuesday collected money and jewellery to the value of $931.50. TRAFFIC · MISHAPS..

In his report to the police, one of the victims of the robbers, a road contractor," THER ACCIDENTS ON TUESDAY. stated that he was sleeping in the mat

abed with his wife and two sons, aged LMURDEN THREATENED.. A Chinese lady was thrown out of the and 6 years respectively, when they ig-jar of a motor-cycle when the awakened by the entrance of four men

Continuing, Mr Jenkin said I have mchine collided with a stationary jorry fashing electric torches. Three of the another application to make by reason

Queen's Road East on Tuesday. She intruders were armed with revolvere and of certain serious developments. Some of the third defendant was one of the part as slightly injured but refused to go to they told him not to make a noise, the witnesses I proposed to call in the hers in the business, but when he came ospital

threatening to shoot him if he did. One later stages of the case have been to the shop he took no active part in the A rickaha, coolie was removed to hos of the gang bound his hands with rape threatened, by etter, with murder if they

management of the business. During the pital suffering from severe injuries caused while the other three ordered his wife sixe evidence in this case. The letters time he worked at the shop he saw-vari- by his being knocked down by a motor- to open a box containing money, jewellery are in the hands of the police.. 1, there- cer at the function of Wing Lok Street and other valuables. The men also fore, ask that these witnesses, whom Tus labels and chops bearing the name

of the Wing: On Company and Des Vanur Road Westing in another part of the matched, of called now, and that the crossexoming robbed a cook and a foki, who were sleep-proposed to call at a later stage, may be A Chinese youth, who was knocked jewellery and money, and then decamped on of the former winess by Mr. Zeitly down by a motor-car in Queen's Bond, The robbers were described as speaking be left till later o Central, was also taken to hospitalij the Punti dialect.

(Continued on next Column.)

the case for further hearing on Thursday and Friday afternoons next, and siro Sized provisional dates for hearing it on March 8th and oth

"At this alago his Worship, adjourned

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178