1926-04-13 — Page 4

SPRING AND SUMMER

CLOTHES

FOR MEN.

A choice selection of the finest materials

for Spring and Summer Wear awaits your

visit to our store.

Alpaca, Mohair, Palm Beach, Tassore, Linen and the lightest woollen cloths are included in our new stocks. We should esteem your visit and can assure you of every effort on our part to give entire satisfaction.

Mackintosh

MEN'S WEAR SPECIALISTS 'ALEXANDRA BUILDING.

& Co. Ltd

DES VOEUX ROAD

DAIRY FARM NEWS.

THE HONGKONG DAILY PRESE TUESDAY, APRIC 19TH, 1928.

We are pleased to announce that we have received another shipment of

STEWARTS CANADIAN HAMS.

PRICE REDUCED TO

80 Cents per lb.

THE DAIRY FARM, ICE & COLD STORAGE CO., LTD.

GENERAL ACCIDENT, FIRE & LIFE

By Appointment ASSURANCE CORPORATION, LTD. By Appointment

ACCIDENT

BE PREPARED!

AND BIOKNESS · ARE INEVITABLE but why be unprepared when such exceptional terms are being offered as those embodied in

“NEW ORIENT" policy?

ALL ACCIDENTS COVERED.

out

"LIBERAL BENEFITS FOR SICKNESS. WORLD-WIDE

BENEFITS. NO MEDICAL EXAMINATION,

A.P.B.

Agenta:

JAMES H. BACKHOUSE, LTD.

1A, CHATE ROAD (32D FLOOв).

Yours Truly

Tolacco Store

"REPRESENTING THE ORIENT TOBACCO MANUFACTORY EN HONGKONG AND SOUTH CHINA.)

If you want cigars of the best quality under the "La Perla Del Oriente", El Comets Del Oriente and the "Grandasia" brands, you can rest assured that you can get them from us.

Come and inspect our store, or phono C. 1858 for particulars.

22, Das Vaux BOAD (OPPOSITE THE P. & O. BUILDING).

This Freedom...

ELECTRICITY offers the most flexible and trouble-free method of using energy for all purposes in the Home, Business Of Factory,

Its Service is "completely free from the waste and labour associated with the direct use combustibles.

ELECTRICITY is not a superior form of fuel or gas. It is something quite different a carrier of energy. The power of doing work, sent over wires to your home.

-ELECTRICITY can neither be adulterated nor diluted, and in use it is independent of weather or draught, offering a twenty- four hour Service of Light, Heat or Help.

THE

CHINA LIGHT & POWER CO. (1918), LTD. Showroom: 62, Hathan Road, Kowloon, Telephone No. K877.

A.P.E

SANG, HIS' PERSISTENT DENIAL.,

NORTH POINT CRASH. COLLAPSE OF DERRICK CAUSES COOLIES DEATHS.

THE CHINESE BANK CASE" Then Afr. Tang went into the box,

and for the Arst time it was suggested "Mr. Tanng is an experienced husi JUDGMENT FOR MESSRS, MOXON that the transaction between him and ness man," continued His Lordship," and

TAYLOR

Mesars. Lammerts was not one of loan, I regret to say that I am unable to but one of sale and repurchase, the reaccept the explanation given by him with

The fall of a derrick and a concrete purchase to take place on July Settle regard to those actions. His Counsel trough containing mortar lattice work mant Day. This was indeed a remark frankly admitted that he could not ao from a steel girder tower at the Nether- count for Mr. Tsang's persistent denial

GJ. CONSIDERS BANK MANAGER'S. EVIDENCE UNRELIABLE.

At the Supreme Court yesterday, the Chief Justice (Sir Henry Gollan), gave judgment in the case of Messrs. Moxon & Taylor, stockbrokers, Tee House Street, the Man Chuen Bank, 151, Queen's

Road Central.

In delivering judgment, Eia Lordship said that the plaintiffs in the etion were members of the Hongkong Stock Ex- change, and were suing the defendants, who carried out business as bankers. The plaintiffs claimed the recovery of 837,600 alleged to be money lent to the defendants by the plaintiffs on June on 6th, 1995, together with the interest

QUESTIONS OF FACT.

able change of front

in the witness-box that the transaction lands. Harbour Works Company's instal between him and fesers. Lammert waslation at North Point on March 25th. one of loan. But in my opinion facts involved the death of two coolies and were brought out in the course of plain caused injuries to two others. tiffs' case which threw some light on this unexpected change of front"

The circumstances surrounding their death were investigated yesterday after- noon by Mr. R E. Lindsoll sitting as Coroner with 'n jury, at the Central Magistracy.

It appeared from the evidence that the

A

Continuing to summarise the evidence ven at the hearing, His Lordship said that between June eth and July Settle ment Day, owing to the crisis arising out of the strike and boycots, the defendants did not take up the 200 shares at the The case, it will be re-called, occupied | agreed price, and an interview took place

Continuing, he said that it was clearly several days in hearing. Messrs. Maxon between Mr. Chan and Mr. Tsang. Mr. proved that there was a transaction be. Taylor claimed the return of 837.600 Chap said that at that interview that tween the defendants and Messrs. Lam from the defendants, the Man Chuen the defendant had raised the point that mert on June 6th and that at the time Bank, claiming that the amount was lent it was a sale and repurchase. Eventually Lämmerts owed them sums amounting to to defendants by them through the an arrangement was come to whereby 48,500. On June eth, the Arst sum of agency of Messrs. G. P. and HA, the time for carrying the shares was ex-813,000 had actually been due since tower is about 120 feet high. Attached

tonded to September 18th, the September March 24th. The amount paid by Lam-to" the tower is n derrick which raises" Lammert..

Settlement Day, at $100 per share. merts to the defendants on June 8th was concrete trough, containing mortar

Meanwhile on September 9th Messrs. a loan. If not, the very serious conten Lammerts had Bled their petition in tion would have arisen as to why the material, up to a height of 60 feet. As bankruptcy, and Mr. S. H. Boss was defendants did not insist on applying this point the mortar is mixed in a appointed Special Manager of the Estate. $13,000 out of the $37,000 paid to them hopper and passes through slanting A meeting was later held at the Official by Lammerts to clear off the latter's troughs to the ground where it forms Receiver's office, at which the Ofheist indebtedness. In other words, on June Receiver, Mesars. Ross, H. A. Lammert, sth Messrs. Lammert would have made into moulds On March 5th, four Chan and Tsang attended. Mr. Lama loan of $94,000, and pay off, their debt coolies were working on the trough, when mert and Mr. Chan had stated that at of 213,000 to the defendants, and receive suddenly, a large hook which supported the saves which attach the derrick to this meeting, the defendant had not dis-back securities for them. puted his liability to pay, and that the "This point was repeatedly made the tower straightened out and the Defendants had by their statement of only question discussed was the inability against the defendants, and it appears derrick fell, taking with it in its fall defence denied that it was a loan or of the defendant to pay, and he asked to me that Mr. Tsang's assertion that

On being that any agreement had been made to for three or four months. Repayment the transaction was a sale and purchase, the trough and the "coolics. pay interest on the amount claimed 1. was then fixed for November 5th together was an attempt to get over this dim- picked up after their fall of about 60 the plaintiffs. The questions which arose with interest up to that date. A meeting culty.". were, however; questions of fact. Fortu- was held the same day in the office of nately, the very considerable difficulties Mr. E. A. Lammert. A letter setting It was further urged on defendants' which stood in his way of coming to a out Thang's hability was drafted and behalf, said His Lordship, that the decision on the evidence given by the translated to him. He objected to the failure of defendants to insist on their witnesses on either side, was not in-high interest, and Mr. Lammert said that ercased by any suggestion of misunder- he would go over to plaintiffs offices standing due to differences in language, and see whether he could induce them to because the principal witnesses on either reduce the rate. He returned and stated side, were Chinese..

that Mr. Birkett, a partner in the plain. tif firm, had agreed to reduce the

Another fact clearly established was that the money in question actually came amount of interest, and bad axed it at

EASILY REFUTED.

feet, the coolies were removed to, has- pital. There it was found that two of them were not badly injured, but the other two received very severe multiple right of repayment on June 6th was due injuries and, despite na-operation, died to the fact that the securities had fallen from shock and the injuries-one the in value, and their sale would have entail-same day and one the following day. ed' a heavy loss on Messrs. Lammert, That point was only to be stated to be refuted.

Counsel for the defence further

REGULAR INSPECTIONS.

Technical evidence was given describ- ing bow the derrick and trough were worked, and it was stated that the tower,

from the plaintiffs and passed into the $1,504. This amount was inserted in the urged after the inexplicable change of 'errick and its appendages were re-

hands of the defendants. The only dis pute was as to whether it reached the hands of defendants in such circumstances as to entitle the plaintifs to recover the amount from them.

CASE FOR THE PLAINȚIFES.

The case for the plaintiffs was that the money reached the defendants through

draft.

AN IMMATERIAL CONFLICT OF EVIDENCE

When

front by Mr. Tsang that it was at least gularly inspected by the European staff paralleled by what had occurred in theat intervals during each week,

last examined, prior to the collapse, cn March 21st, the derrick and everything appeared to be in perfect working order.

The tower and derrick were Erst erect-

years without an accident occurring.

There" was considerable confict of evi case for the plaintiffs. He drew atten dence between the witnesses for the tion to the affidavit of Mr. S. H. Ross plaintiff as to how this amount for in. of December 9th, where it was stated terest was arrived at continued His that Messrs. Lammert were agents fored in Java in 1991 and used there for Lordship. But it was immaterial in view the plaintiffs. He held that if plaintiffs of the conclusion, he had coma to on the case was not actually dishonest, that it other evidence in the case. After that was at least open to the gravest as and returned with it next day, signing to draw that inference.

In July of last year they were brought

to Hongkong and erected, and this was the first accident that had occurred.

replaced following an inspection.

the agency of Messrs. G. P. and H. A meeting, Mr. Tsang took the letter away, picion. He (His Lordship) was unable From Lime to time worn parts have been

Lammert who were at that time mem- bers of the Hongkong Stock Exchange The principal witness called on behalf of the plaintiffs was Mr. Chan Wing

authorised clerk of Messrs. Lammerts.

It was stated by the Technical Mão- ager of the Works that the straightening out of the book must have been due to a small fault. It must have been a very

not have stood the strain it had for 80 loog. There was no extra strain on it

WAS

it in the presence of Mr. Chau.

Mr. Chan Wing Fook's declarations of Counsel for the defence had contended December 9th and December 11th were Eook, who at all material times was the that the transaction between his clients in accord with the evidence he had given small fault, he said, otherwise it would

and Messrs. Lammert was one of loan in the witness box. between principals; that his clienta knew Mr. Tsang said that Chan had, assured on this particular day. His Lordship gave a brief outline of nothing of plaintiffs, and that Messes, him that when defendante debt became A verdict of " accidental death this witness a evidence. He had stated Lammert were never authorised to raise due to Messrs. Lammert, their cross-debt the hook and things of this sort should returned and the jury, recommended that that Mr. Tsang, the manager of the de-a loan on their behalf, and that conse would be taken into consideration, and be inspected daily before being put into fendang bank, had asked him to effect.quently there was no privity of contract, be set-of. Mr. Chan was supported by use. the sale of 20 shares for him. Witness He further strenuously argued that the Mr. H. A. Lammert who said that no- failed to do this and then Tseng told him documents put in strongly supported the thing was mentioned about this cross- AN EXPENSIVE LOVE AFFAIR. to raise a loan on the strength of the case for the defence, and that where debt, or about set-off. Having regard to shares. He went to Mr. H. A. Lammert, the evidence for the plaintiff differed the inherent probabilities of the case but was told that the firm could not ad from that of the defendants, the latter and the doubt he had expressed with re- vance a loan: His evidence in that in should be given preference.

gard to the evidence of Mr. Tsang, he, stance was borne out by. Mr. G. P. Lam-

had no hesitation in accepting the version mert, who stated that at the time: his

of Mr. Chan and Mr. Lammert as to what actually occurred on June éth

MR. TRANG'S EVIDENCE. His Lordship, continuing, gave a sum firib, was not in a financial position to mary of the evidence of the principal give a loan. Mr. Chan then went to see witness for the defence, Mr. Tsang Chuen Mr. Nissim, of the plaintiff firm, and Son. On June 5th defendants thought eventually he got 8188 per share, on the understanding that the shares must be

terms.

THE CUSTOMS AMONGST BROKERS. Counsel for the defence had also call that they would require $10,000 to 820,000 ed attention to the manner in which on June 6th to enable them to meet their entries in connection with the amount

CHINESE CHAUFFEUR WHO BOUGHT A GIRL

Before Mr. Lindsell at the Central feur wan charged with harbouring a girl, Magistracy yesterday, a Chinese chauf 16 years of age.

Mr. O'Donoghue defended

Mr. R. A. C. North, of the Secretariat of Chinese Affairs, who prosecuted, said that the girl became acquainted with the defendant and was given a car ride.. They were later discovered by the girl's They then arranged to live together.

the ease had been settled when

girl's foster mother $100.

Mr. O'Donoghue said that the woman

still had the money. He also submitted ing of the cubicle and the domestic that it was the girl who planned the rent. arrangement which followed.

bought back at $1921 on July Settlemen obligations to the extent of $30,000 to /claimed were made in the books of plain foster parents, and apndant gave the Day. Defendant willingly accepted those the Netherlands Bank. Mr. Tsang then tiffa, Messrs. Lammert's and the de- asked Mr. Chan to sell 900 shares for fendants. He argued that those entries Mr. Nissim corroborated Mr. Chan sa him. Mr. Chan informed him by tele- were more consistent with the case put to the conversation which had passed be phone that he could not sell them, but forward on behalf of his clients than that tween them, but he was unable to identity that Messrs. Lammert could give him of the plaintiff. Prima facie, that might Mr. Tsang as having been near them loan of money if he needed it. Then Mr.be so, but there was other evidence show. when it took place.

Chan advised him to sell the shares to ing. that loans were catered in this way Mr. Chan bad also stated that Mr.Mesars. Lammert and re-purchase them in brokers' books. The fact that de Cheng Tam Ting, the assistant manager at 8192).

fendants were buying back at a higher

market, appeared to bear out the con- tention raised by the plaintiffs that the transaction was one of loan and not one of sale and re-purchase.

THE FINDING.

of the defendant bank, handed to him Mr. Tsang had emphatically denied rate of interest, and at a figure not ob a delivery order for the 200 shares on that he saw Mr. Chan speaking either tainable from purchasers in the open the Hongkong and Shanghai Bank. to Mr. H. A. Lammert or to Mr. Nissim, Having obtained the shares he took them or that Chan told him that the plaintiffs to Mr. H. A. Lammert, who gave his were in any way connected with the firm's cheque for the like amount receiv transaction... ed from Messrs. Moxoa & Taylor. This cheque he passed over to the assistant manager of the bank. It was also agreed on both sides that the proceeds found their way into the defendants hands. Mr. H. A. Lammert had stated that in the transaction, his firm was acting on behalf of the defendants and not as prin- cipals.

REMARKABLE CHANGE OF FROST.

The evidence of Mr. Chan," con-

The woman was in Court, and His back to defendant. When it was counted Worship ordered her to hand the money the amount was found to be one dollar

The defendant was fined $180.

short.

A SMART CAPTURE. CHINESE ARRESTED AT POKFULAM.

SENT TO GAOL FOR POSSESSION OF ARMS.

The smart arrest of Chinese in

He asserted that the transaction was one of sale and re-purchase and that it his statement, although his attention was eluded His Lordship, is in all subetan- Was not a loan at all. He persisted in drawn to the course adopted by his tial ways, worthy of belief. I cannot rely illegal possession of arms at Pokfulam Counsel as to the nature of the transac on the evidence of Mr. Tsang where it on Saturday night was mentioned at the tion. He persisted in spite of the state is in couflict with that of Mr. Chan, and Central Magistracy yesterday, when be made on application for summary judg ment in his declaration of December, the part of the evidence of the former R. E. Lindsell and Major C Willson, fore & Court of two magistrates, Mr.

ment in the action, in which he referred on which I can rely bears out the case to the transaction between Mesars, on behalf of the plaintiffs, and therefore Lammert and himself as a loan. He per my judgment is for the plaintiffs sisted in spite of the fact that the same description of the transaction was given to recover: $37,000, the amount of the I hold that the plaintiffs are entitled

in the letter of October 6th acknowledg

possession of a revolver, four rounds of Chinese was charged with having ammunition and a dagger without a The transaction between Messrs. Lam

stated by Inspector Peter Grant that he Defendant pleaded guilty, and it was merts, and the defendants was evidenced by two documenta purporting to be a When pressed in cross-examination he from June 8th to November 6th and in at Pokfulam on Saturday night, and ing his indebtedness to Messrs. Lammert.loan, and the $1,504, the agreed interest was een in company with two other men sale. But Mr. Percy Tenter, the Vice could not explain these discrepancies terest at 8 per cent, from November 7th their movements aroused the suspicion Chairman of the Hongkong Stock Ex but stated that he was much troubled to the present day of judgment

that they were contemplating robbery change, said that it was customary for the letter had not been correctly explain Messra, Johnson Stakes & Master) was The defendant's companions had to when he made the declaration, and that Mr. Eldon Potter, K.C. (instructed by and they were arrested on that suspicion. a loan to be evidenced by such docu-ed to him at the interview, not had he for the plaintiffs, and Mr. F. C. Teaking weapons on them ments. Counsel for the defence had also had it translated, although he took it (instructed by Messrs. Lee & Russ) was held that it was s

away to get advice upon it.

for the defendants,

Their Worshipe sentenced defendant to five years' hard labour.