1926-12-14 — Page 5

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MAINTAINING ORDER.

THE HONGKONG HAILT PRESS, TUESDAY, DECEMBER 14TH, 1926.

FUNERAL OF LIEUT. MAUDE:

A PULPED NOTE

MR. BREWER'S CLAIM.

RICKSHA COOLIES DEMANDS. NAVAL AVIATOR'S TRAGIC DEATH. JUDGMENT AGAINST HONG KONG ACTION CONCERNING $1,000 BOND.

EFFECT OF 'SWATOW'S EXAMPLE.

MURDERERS OF M. ROBERT CAPTURED AND PUNISHED,

11

- REPRESENTATIVE ATTENDANCE AT INTERMENT.

AND SHANGHAI BANK.

MR. POTTER GIVES NOTICE OF

APPEAL.

The funeral of the late Lieut. M. AL Maude, Naval flying officer, H.M.S. At the Summary Court yesterday Mr. Hermes, took place yesterday evening Justice Wood gave judgment in a case at the Protestant Cemetery, Happy in which a Chinese woman claimed, #500 Valley, and was attended by a large from the Hong Kong and Shanghai Bank

ing Corporation, Ltd. The case arose out number of Naval and Military oficers.

Licut. Maude met his death under of the presentation to the Bank of a tragic circumstances on Saturday whilst $300 note which was in a truncated con-

Judgment has now been given for the plaintiff with costa.

[raom our chinesa CORNELPONDENT.]

The order recently issued in Canton to stop the excesses and illegalities of pro- fessional Labour Union, agitators is ap-out game shooting with two Friends indition. The Bank refused payment, parently to be cared into effect. General Lastao Island. He was walking down a Chien Ta Chun, the Garrison Commis. steep sloop and stumbled. In failing his gun accidentally went off, injuring him sioner and Chief of Police, has announced severely in the face. His companions, that he will adopt very stern measures Lieut. H. A Day and Mr. Montague got against those workers who try to take the the injured officer down the hill wad to the yacht, which was waiting for them They made for Tim Wan at full speed This is good news and is very generally and from there an ambulance was tele welcomed. It now remains to be seen phoned for and Lieut. Maude was con- whether it will have the effect of stop-veyed to the Kowloon Military Hospital ping the disorder which has been, rife in On arrival, however, the medical officer Canton for weeks past.

in charge found life was extinct. From the seriousness of the injuries it was judged that death must have been almost instantaneous.

law into their own hands,

J

To tako a reccnt cash. The leaders of the Canton ricksha coolies are now said to be making capital out of, the riot in Switow in order, to strengthen their own

The deceased was very popular and position. They are requesting" motor- well-known and his death came as a car owners in the Southern Capital. to shock to the numerous friends he had contribute a certain sum monthly to the made while stationed here, first with ricksha coolies guild for social ex...S. Hermes, and later with H.M. S. peases." On December 10th ricksba Vindictive. coolies in Swatow wrecked' aiz motor buses as a protest against the introduc. tion of the new service and wounded a humber of the drivers. The authorities were too weak to interfere for the rick. sh's coolies numbered 8,000 or more and the motor-'bus trafic is consequently suspended for the time being The Can- ton ricksha coolies apparently are now making their "requests" with the idea of following the Swatow example if they are not complied with.

י

"The

The Bank Strike.

Canton, "modern" banks in whose business has been suspended owing to the strike of employees, are still re- fusing to re-open their doors. They have announced that they will only take the

Lieut. Maude was the son of Sir Stanley Mands, the hero of Bagdad He was nephew to the Bishop of Kensington, to Mr. Morris Maude, the well-known F.M.S. planter of Cicely Estate, Lower Perak, and. Mr. Cyril Maude, the popular actor.

The deceased first came to the China Station in 1995 with H.M.S. Hermes, and was in charge of a fight of sea- planes housed in the Naval Camber in Kowloon, when the H.M.S. Hermes left for the Mediterranean. When the H.M.S. Vindictive arrived, he was transferred to that vessel.

QUESTION OF JURISDICTION,

Before. Mr. Justice Wood at the Sam- mary Court yesterday the caas in which Mr. N. L. Brewer is suing Brewer & Co. for $1,000 was continued. Plaintiff bases his claim in respect of a bond he entered into, whilst`s partner with the defendant Company, with the Chinese Estates, Ltd. Plaintiff censed to be a partner in the defendant firm last year.

During a previous hearing it was stated that in leasing premises from the Chinese Estates, Ltd., Brewer & Co., had signed In his judgment Mr. Justice Wood said a bond for a $1,000. Mr. Brewer stated that the question to be considered was that the Chinese Estates, Ltd, could if the Rability of the Hong Kong and Shang, they desired call upon him to pay the hat Banking Corporation concerning the money at any moment. payment of a sum on a bank-note issued Yesterday, Mr. M. W. Lo, who repre- by itself, and payable to bearer on desents the defendant Company, said that mand In this case the bearer produced he agreed with Mr. Brower on most certain portions only of the note as material points, but disagreed that the originally issued.

Chinese Estates, Ltd., had made a de- and on Mr. Brewer in connection with the bond..

No Demand.

Facts not disputed were that the plain- ti, a married woman was the holder of two genuine 8500 notes issued by the de- tendant Bank. Having received them as

The Secretary of the Chinese Estates,

a gift from her husband, she kept them Ltd, said that to his knowledge, the in a pocket of an inner garment. The Company had made no demands on Mr. edge of the pocket was rough. Later, she Brewer. Replying to Mr. Brewer, witness herself washed the garment without first agreed that the Company had authorised a letter, stating that they having taken the notes ont. She also dried the sending the garment and starched it. When she reserved their rights against him.

Mr. Lo said that his defence was two came to iron it she found the two notes. As she extracted them, certain portions of the notes adhered to the rough edge of the pocket. Her husband took the notes to the Bank, but one only was cash ed, the Bank refusing to pay out on the other. Her husband tried a second time and was refused.

Continuing, Mr. Justice Wood said that it was conceded that the pieces of paper; produced in Court which were presented at the Bank were portions of a $500 bank note issued by the Bank,

Liability of Banks.

feld, firstly, that the Court had no juris- diction and, secondly, that the claim as disclosed by plaintiff, was merely one in equity for the protection of the Court.

Mr. Justice Wood, held against Mr. Lo on the question of jurisdiction, holding that a trustee could sue in Summary Jurisdiction even-it the money did not belong to him.

Mr. Lo further submitted that the plaintiff could not succeed because he could not bring himself within either the common law or the law of equity is mak- Plaintiff had His Lordship then read out the printeding a claim for $1,000. Lieut. Maude was a member of the matter appearing on the truncated note, been à partner in the defendant firm and a partner to-day he would Royal Hong Kong Yacht Club and the and enumerated its features. He certam if he were owner of the Lola of the Heyward Heysly did not think that every' change would have an unquestionable right to bring Class. The deceased was also a fine rider, constitute a material alteration. The the claim. As a retiring partner, Mr. and owned the well-known pony" Black question which had to be asked was Brewer was surety for all the debts of tionally, leaving the demands to be con- Mouse." He rode in several races at Happy "what is the instrument now?" It do the partnership. If he had not signed]

employees back if they return uncondi-

sidered at a subsequent date, and so far they have kept to their word. The sus peasion of the banking and rice business in Canton is causing inconvenience to

merchants in Shanghai and the Straits Settlements and a number of requests have came from outporte that the dis putes shall be speedily settled.

French Claims,"

"

Valley and at Kwasti Lieut. Mande was also a good pole player.

The cortégo left the Royal Naval Hos Pital at 4.30 yesterday afternoon accom panied by a large number of officers from the warships in the Harbour and from

the military forces here. There were also

Pended on what change had been made a bond he would still be so liable. He and whether it rendered the document stood in the position of a surety in that, void. His Lordship thought that the if he was called on to pay the debts he liability of a bank to pay on the produc had right to an indemnity against the tion of a damaged acte of its own issue continuing partners." had been subject to conflicting decisions.

In reply to his Lordship, Mr. Lo said Referring to one ease, he said that that the partnership of Brewer & Co Judge Willes recorded his opinion that a had been dissolved. Mr. Pasco was the bank would be liable to pay on the pro-sole tenant. and he was carrying on the duction of one half of a halved note with business under the name of Brewer &

out indemnity. That was, however, not "Co.

note.

L

detachments of men from the Flying Corps, H.M.S. Findictive, H.M.S. French bankers, through the French Hatekin, H.M.S. Carlisle, H.M.8. Consul at Canton, have presented a claim Hermes, H.M.S. Ambrose and the Royal

consistent with Lord Ellenborough, who Mr. Lo then submitted that plaintiff in connection with the damage done to Marines. Chopin's funeral march was the buildings at Tung Yuan, the head played by the Royal Marine Band, of held that payment could be enforced at had no claim whether the bond was exist law only. on the production of an entire ing or not. Plaintiff had no right to his quarters of the Strike Committee, which H.M.S. Hawkins.

claim because his right was absolutely were burned down recently. The claim'

Among thos prescut wéfe Major- has been refused by the Kuomintang who General C. C. Luard, C.B., C,M. G., Col.

Unimpressed by Argument. governed by the agreement which he question the ownership of the premises L. C. Comyn, C.M.G., D.S.O., Comdr.

Continuing, His Lordship said that the signed at the dissolution of the partner- as it is said there is no complete legat Leckie, D.S.O., D.SC., D.E.C., Capt. surviving portion of the zote had been ship,

Eliot, Sir E. Alexander-Sinclair, K.C.B., tendered to the Bank. Evidence was also

.V.O., Capt., Howard, Flight Lieut. given in Court that the other portions there was express indemnity, plaintiff Swann, Flight Lieut. Bruton, Flight sidered, therefore, that the Bank was demnity. He had a proper right of indem-

were no longer in existence. Officer. Young, Liedt. Day, Flight Licat. liable to pay. Phillips, Lieut. Abel Smith, Lieut.- "An additional defence advanced on nity but could not come to court until Comdr. Graat, Lieut. Burroughs, Mr. behalf of the Bank was that if it should he had paid under the bond

pay the sum demanded, it would still His Lordship said that plaintiff must, remain liable under the dedinancs to pay

record of the French having acquired

title to the property. The Foreign Office in Canton has also informed the French Consulate that the Kuomintang, cannot exempt French'subjects from the Canton regulations relative to the searching of vessela. for illicit oplum and arms. The

R. II. Charles, Mr. Montague, and Rev. Foreign Office reminds the French Consul G. T. Waldegtare. that extra-territoriality only covers civil |

Floral tributes were sent by Biz Cecil

jects are a party.

Referred to General Chiang Kai Shok.

Mr. Lo further" claimed that where

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FAIRY PLAY AND SHADOW PICTURES

CHRISTMAS MATINEES

The Theatre Royal

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DECEMBER 22nd & 23rd

at 5.15 P.M.

IN Am or

THE MINISTERING CHILDREN'S LEAGUE

-

AND

THE SEAMEN'S INSTITUTE. Tickets may be obtained fron Messrs. Anderson's Music Store Reserved-$2.00; Unreserved-$1.00 & 50 cents. Children, Sailors and Soldiers in uniform at half price

everywhere.

4198

He con- could not as surety rely on implied in COLUMBIA NEW-PROCESS RECORDS.

to the Hong Kong Government a tax of if at all, claim as a trustee.

one per cent, per annum of the note's Mr. Lo held that at the time of entez- value fas the note is still in circulation),

and criminal cases to which French sub-and Lady Clementi, "* Monty,” Capt. and and also to retain' in its vaults in porng into the bond the plaintiff was si Officers of H.M.S. Hermes, "The Old petuity & specio reserve against the partner. If he ceased to be a partner he Branches of H.M.8. Hermes, Petty note. It had, therefore, been submitted would be a surety, e

that it would be inequitable to hold the

Decision Reserved. The question of the confiscation of pro- Officers and C.P.O. of RAF., "A" | Bank Hable to pay unless on the produc-

Mr. Brewer cited several authorities perty belonging to the Canton Water Mess of H.M.S. Hermei, Ocers of the tion of the document, the cancellation of works and the Sunning Railway by Party 6/2nd Punjabis, Officers of the Royal it could be recorded by its serial number. in support of his case. He submitted that Eis Lordship added that he was not im as the lease was being continued then leaders in Canton has been referred to Artillery, Commodore J, L Pearson and pressed by that argement. He, there the band was continued. He was in General Chiang Kai Shek for review. staff, Comdr., Officers and Ship's Comfore, entered judgment for the plaintif position where the Chinese Estates, Ltd., could sue him for the $1,000. There was The Party leaders deny the charge of pany of H.M.S. Ambrose, Ewo Meas, Mr. with costs

Mr. Eldon Potter, K.C., who is for the no limit to the liability of the bond. confiscation. They state that they have and Mrs. Cornsby, Mr. and Mrs. R. defence, immediately gave notice of ap

His Lordship reserved his decision, and remarked that the question of juris simply acquired temporary control of the Paterson, Mr. Alex. Nolloth, Mr. Lam- peal. water plant at Tsengpo and the Sunning bert Dunbar, Mr. W. T. Stanton, Hos Mr, W. B. Hind) was for the plaintiff.

Mr. Somerset Fitzroy (instructed by diction was a dificult one. If he decided that he had jurisdiction he would go fur- Hailway in Toyshaa and Sunwui for the Kong Polo Club, Rev. G. T. Waldegrave,

ther with the case. purpose of introducing reforma and giving Mr. Ho Kwong, Miss Mae Blackman, the public improved services.

French Revolution Film Prohibited. - The screening of a film picturing the darker side of the French Revolution was, forbidden in Canton, last week because it was thought it would have a discourag ing effect on the people. The Police and the Bureau of Education in Canton have been instructed to be on the alert against productions of this character.

UNLICENCED HAWKERS'

STORIES. YOUTHFUL DELINQUENT GETS. WHIPPING.

Mr. Hugh Jones, Mrs. Gibson, Mrs. Geo. Aubrey, Committee and members of Royal Hong Kong Yacht Club, Mr. B. H. Charles, Wayfoong Mess, Royal Naval Yard Police, C.P.C.'s Mess, Hermes,

The Beamen of Bergt. Mesa, Hermes. Hawkins, G.O.C. and Officers of the Staff of Headquarters, South China Command, Officers of 444 Flight, H.M.9. Findictive, Warrant Officers, Hermee, Fleet Air

A Chinese woman, convicted on three Arms Reserves, Machine crews 401 Flight, occasions for a similar offence, was fined Royal Marines of Hermes, Warrant $10 by Mr. R. E. Lindsell at the Central Officers of E.M.S. Tamar, Ship's Com- Magistracy yesterday for hawking with pany, Tamar N.C.O. and men, Royal out a licence, Marine Detachment of H.M.8. Tamar,

THE PLEA OF OLD AGE.

6,000 HAUL OF OPIUM.

THREE CHINESE SENTENCED. Sentence was passed by Major C."Will- son at the Central Magistracy yesterday morning in the case (reported in yester day's Daily Press) in which three Chinese were charged as a sequel to the seizure by revenue officers on Friday evening on the China Navigation Company's 5.5. Luck of 2,170 tacls of raw opinen, French Consul's Murderers, Authorities in Canton have been inform Mr. Ho, Staff of the Torpedo Depot, Mr. ed ho had no food and that his mother value over $18,000. It will be recalled Similarly charged, a youth of 18, plead: valued at $6,510 and 800 taels of pre- pared opium, valued at $9,600-total ed that troop commanders in Kwanga Norman Young, Captain and Ward Boom was old--she was over fifty,

that. when the case was heard on Satur have finally succeeded in capturing more Officers of H.M.S. Bluebell, Commander- than 20 bandits, some of whom were in-Chief, Captain and Officers of H.M.S. responsible for the murder of M. Robert, Hawkins, Captain, Officers and men of Submarine 17, Captain Howard and the late French Consul at Lungshan, on Ward Room Officers of H.MS. Viadio October 30th last. It is reported from tive Officers and Cadets of his term

at Dartmouth; 1915

PM Wuchow that the bandite have been Aquad from H.M.S. Vindictive, punished for the crime.

fired the laat volley over the grave,

It was further stated that the old day, Major Willson said that in view of woman" was an earth coolic, and had the large amount involved the maximum pensity for a seizure of this size în's fine found $10 bail for her son

Convicted on na less than six previos of $181,100 he would postpone, sentence occasions, defendant was ordered eight until yesterday. strokea

When the case again came up, his Wor- An old woman pleaded that she was ship fined each defendant the sum of nearly blind, and had to do something

three. for a living She was let off.

$1,000, with the alternative months' hard labour in default.

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