1927-01-06 — Page 4

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Lying on the verandah outside his room at the Water Police Station, Lance-Sergeant Herbert, was picked up by,ha comrades with a serious wound on his head at 1.40 o'clock

THE 500-DOLLAR

NOTE CASE.

FULL COURT HEAR HONG KONG BANK'S APPEAL.

DISAPPEARANCE OF NUMBERS.

Mr. Potter asked their Lord "SUNNING" PIRACY ships to bear in mind those findings

of the judgment because they had a mest important bearing upon the decision which should, be submitted, have been given

Accidental Alteration,. His Lordship in the course of the technical argument that fallowed remarked that a bank note · un- doubtedly was a bill of exchange : whether under such circumstances

yesterday morning. The weapon THE QUESTION OF MATERIAL that it did not fall within the Bill,

which was his own Service revalvar, was found near the injured officer."

An interesting experiment was recently made by one of the leading newspapers at Copenhagen.. Durk ing business hours two telegrams, addressed to the sender, were hand edin, simultaneously, at the central telegraph office Copenhagen,

Two shots were red, and the re Both telegrams were directed round the world. the one by cable and ports being heard by other officers. Jandline routes and the other by they rushed to the scene. The in wireless, the object being to com-jured man was at ence carried to pare the times of transmission by Kowloon Hospital. the two competing systems.

From enquiries made late last which was night, it was learned that Herbert forwarded rid London, New York, has been unconscious the whole day his condition is extremely San Francisco (Commercial Pacific and Cable Co.), Shanghai and hence grave. back to Copenhagen rid Siberia (Great Northern Telegraph Co), completed the journey in 38 minutes, whilst the wireless mes-1 sage, travelling eid Switzerland, Italy, New York. San Francisco.. Java and Holland, took 21 hours

minutes to return.

The cable message

ALTERATION ARGUED.

་་

of Exchange Ordinance might pos- sibly be a matter for argument but he would prefer that Mr. Potter should wait until the matter; if it was to be raised, had been dealt with by Mr. Fitzroy.

CASE.

SIX DEFENDANTS COM- MITTED FOR TRIAL.

OTHERS TO OPEN DEFENCE

THIS MORNING..

The case for the Crown against the eleven Chinese, who are held on charges arising out of the piracy of the 88 Sunning on "November

tracy, before Mr. R. E. Lindsel!. There was a Full Court sitting at

18th, was brought to a conclusion the Supreme Court Festerday, the

yesterday at the Central Magis-

Mr.

Potter in dealing with Six of the defendants-Nos. 1, 2, Chief Justice (Sir Henry Gollan) and the Puiste Judge (Mr. Justice

section 6 which provides that 3, 4, 5, and 20-were committed for Wood) sitting together in Appellate

an appeal where bills of acceptance have trial at the next criminal sessions materially altered with at the Supreme Court, and Mr. Low Jurisdiction to hear against a judgment delivered by beca Mr. Justice Wood in which he out the consent of bath parties, who appears for the remaining five held that the Hong Kong and they are rendered void said that defendants will open his defence

Banking Corporation there was not a word in that section this morning.

At the commencement of yester- Lance Sergeant Herbert was an Shanghai ex-soldier, having joined the Houg were liable to pay out on a mutilat about accidental alteration and

cidental. The words "without the who represented the No. 2 defen- Kong Police Force from the Easted $500 banknote from which the what was to happen if it was noday's hearing. Mr. Leo d'Almada,

numbers and date were missing.....

assent of both parties" were in- dant at the previous hearings, told Surreys when that Battalion was

This note, it will be recalled, wasserted because it was a tale of com the Court that he had received stationed here in July 18th, 1921.

mon law that, granted an altera- the property of a Chinese woman, La. Lai Shi, and was washed, starch- tion in a bill or document in a instructions.not to proceed any fur- that could be 'proved was that. the

After further evidence had been ed, and ironed while in the pocket material part, one of the things ther and accordingly withdrew, of a jacket, and when the pieces alteration was in existence before had been sorted cut, the numbers and date bad disappeared. woman sued the Bank, 03 refusal to pay on the note, and in his judgment, Mr. Justice Wood found that the hote had not been materially altered, but was merely damaged. It was not void and the Bank was therefore liable to pay.

Following this decision

KIDDIES TO STAGE "RED RIDING HOOD.”

5

It should be mentioned that no arrangements whatever were made beforehand with the telegraph SPECIAL SONGS AND DANCES. authorities to afford the two tele grams special treatment as regards quick transmission.

The text of both telegrams, however, indicated that the two messages were racing each other, and this indication no doubt spurred the various telegraph

Local kiddies are staging a pan tomime at the Theatre Royal on January 29th. The play chosen is Red Riding Hood This will be presected with the well-known pan tomgime features-the donkey, the

This

theis

Mr.

the docnicent itself was actually taken from a Chinese steerage pas- signed und, again, that the altera-senger, the Japanese interpreter was called to the box to prove the tion was made subsequently with the consent of both parties.

there has been no material altera- fendant. to. It is part of an original

document.

His Lordship: But in this case statement made by the No. 8 de-

* Identification Parades. Mr. T. H. King. Director of Mr. Potter expressed himself in Fous the consent of both parties" ed-to give details of the identifien-

was put in the Ordinance as a agreement and added that with Criminal Investigation, was recall-

operators to transmit the telegrams cat, demons, wolves, fairies and Eldon Potier, appearing on behalf form one of the common law ex occasions Witness said that at the

with the least possibly delay.

Dame Hubbard.

4:

The children will take most of the parts, but they will be assisted by CANNIBALISM IN NORTH-adults, who will portray a number of characters not within the range ERN AUSTRALIA.

A Perth, West Australian, mes sage of November 12th, states," says the Straits Times, that Mr. 'ÁL. P. Durack, a pastorialist, and an ex- member of Parliament, who recent ly returned from Kimberley, said that the native question was a very serious one. It had retarded the development of the North more than was generally realised, and was not going to be solved for the next century or two.

of child performers.

£9

of the Hong Kong and Shanghai Banking Corporation, applied for leave to appeal, which was granted, and the appeal opened yesterday, as

stated.

The idea was originated by Mrs.

Mr. H Somerset Fitzroy is ap- Guy Cuming, who produced "Cin- derella "

a playlette by kiddiespearing for the plaintiff and 're- last season. Her experience as a

spondent. producer and her talents as stage manager will indubitably ensure

SUCCES.

Mr. Potter's Argument.»

Mr. Petter put forward three Miss Daisy O'Keefe has looked submissions in opening his case, the after the dancing and she has de. signed a special dance for the occa- first ixing that the case was govern ed by section 34 of the Bills of Ex- sion.

Assisted by Mrs. G. Charlton.change Ordinance. The second was Mrs. Cuming is making sets of very The security of the mountain fast pretty costumes in Boral designs that if it could be so contended (it nesses and the great mundance of with the petals spangled with dew was appellant's contention that it native game and vegetable food, drops.

This well-known pantomime will coupled with the fact that closer settlement would not take place for have an added attraction for Hongfall within section 6 the respon a long time, made the natives a veryKong audiences as it has been local difficult problem to deal with, whichised into a topical burlesque by had been the experience of South Jingle," who has writter special Fern Queensland and other parts of songa fail of references to places

Australia previously.

and incidents in the Colony.

Besides killing cattle, the native harried them, contributing to their wildness, and the loss in condition was in some cases 25 to 30 per cent. He suggested that the "natives 'should be segregated in reserves, from which white men should be excluded.

Mr. J. H Lawrence is conducting the singing and he and Mr. D. Baptista are forming the orchestra. Mr. R. Pestenji will be at the piano.

THE DANCE SEASON.

ANNUAL FENCTION AT CEN

TRAL BRITISH SCHOOL.

The Christmas and New Year

Commenting on a recent discus- sion in the House of Assembly, and the reports of cannibalism in the North, he said that there was no question that cannibalism did exist. In the early days the natiyes open- ly admitted the fact. Cases gener- ally occurred after a tribal fight, and usually the victim, was a well-bolidays Hare certainly set the dance season going, and there has nurtured young girl,

Hanger was not the motive, the been hardly a night within the last sro weeks, but what there has been sirifice being a ceremonial prac tice. Referring to the stalement by dance, big or small somewhere, Mr. F. W. Teesdale, M.L.A., that in addition to the usual tea dances

at the Hotels. in the past 10 years only five mur- ders of white men had been com- could give the names of 20 men whe mitted by blacks, he said that he

had met death at the hands of the natives in the last 16 or 11 years..

DRUNKEN CHIEF OFFICER.

SENT BACK TO HONG KONG.

Last evening from 5.30 to 7.30 the annual fancy dress dance of pupils

could not) that a bank note did not

dent was no better placed because section si might to some extent give her common law rights.

codifying act, putting in statutory tions parades held on different"

certain Chinese witness picked out ed was bound by a materially al ceptions to that a person who sign parade held on November 20th, a tered document.

Mr. Potter went on to quote the No. 2 defendant, and that dar mitted that it was net essential toj cases, from one of which he sub prove fraud for a material altera tion " to take place.

ing the interval between November 20th and November 30th, witness said that he had learned that the same Chinese witness was the ma A Barrowful of Silver. When the case was continued in who denounced the No. 6 defendant the afternoon, Mr. Potter deal to the Naval guards. Consequent with the question of legal currency.

He handed to the Chief Justice aly, Mr. King arranged a parade on silver Mexican dollar and an old November 30th and recalled the English dollar piece. In doing so, Chinese witness to identify. In the Chinese witness, was able to Mr. Potter commented that Mr. Fitzroy had never seen a Mexican this instance, Mr. King added, that silver dollar before.

Although the Ordinance, said Mr. Potter, beld that the silver dollar seen in Hong Kong. was legal tender here, it was rarely

guards. identify No. 6 defendant as the man he pointed cut to the Naval

At the conclusion of Mt. King's evidence, the Crawn Solicitor, Mr. for the prosecution was closed, His H. K. Holmes said that the ense

believe,nid Mr. Potter, that, the only occasion on which the Mexican dollar was used as of the legal profession who had tender was by a leading member "dealings-in-connection with a mort gage. The man refused to accept Worship then cautioned the six de- anything but silver dollars, and it Fandants, who were not legally re- was actually necessary to have a presented and asked them if they barrowful of these silver dollars to wished to make a statement. hand over to him. It was done, and the barrow wheeled along un- der police guard. This is the only authentic case I know of where the Mexican dollar has been called into use."

Counsel's third submission was that the equitable doctrine as to accidental uliteration or destruc- tiun of documents, craved by coun- set in the court below, had no ap pligation to cases of this kind for These reasons were three reasons. (1) that the doctrine only applied in certain cases of mere accident and in the present case, the judge

Colony's Currency. bad found that the destruction and

Mr. Potter said that the point he erasien was due to the negligence

wished to make was that although of the plaintif; (3) that, in any event the doctrine did not apply to they could not pretend that these negotiable instruments falling with notes were legal tender, they were, in the section of the Bills of Ex-he submitted, the currency of the change Ordinancs (3) that at the Colony in the broadest and ordi- utmost, all the doctrine did was to nary sense of the word Undoubt permit plaintiff to give secondary edly the Hong Kong Bank notes evidence of the portion of the note and the bank notes of other banks destroyed. Plaintiff had admitted were the currency of the Colony.

Mr. Potter then went on argue that she was not in a position to give, such evidence because the note had no numbers or date.

•

Findings of Paisze Judge. Before coming to his statement of

+

The No. 1 defendant said that he would like to reserve his defence

for the higher Court, and when asked if he wanted to call any rit- nesses, he said that he would cal! them at his trial.

His Worship: Wan't it be too late? They are not here, I would have to write to them.

The No. 2, 3, 4, 3 and 20 defen- dants all followed suit saying that at the higher Court. When the they would make their statements

for his defence was put to the question of calling any witnesses

would surumon them himself. second. defendant, he said that he

His Worship: Would you not legal authorities, specially referr you? Defendant with a decided his case and quoted from various like the Police to do anything for nod, said "No." The. six accused ing to judgments given in cases hearing on his case.

men were then formally committed Mr. Potter went on to submit to take their trial at the Supreme of the Central British School, Kow-law, said Mr. Fatter, he would deal that the negligence of plaintiff had Court.

Mr. Lo appearing for the ether iron, was held at the School.

This dance is always inueh looked with four vital points found in the made her responsible for the forward to, and is given by the Bank's favour by the judge in the material alteration of the note in five defendants said that he would

Court below. He would ask their question. Headmaster (Mr. C. F. Night Lordships to consider such cases as The Chief Justice commented that morning, when he would open his zale).

A Feast of Colour.

As usual, the function proved a great success. There were many perents and friends present, in addi ion to members of the School staff, as interested spectators of a very The seventy picturesque display. the

wish the Court to adjourd till this be might then produce in the light the alteration was not made pur- defence. He said he would be call ing a few of the crew to textily in of the Endings of the Puise judge. nosely, but was through an over-

on behalf of Nos. 7, 9 and 14 de- "I most respectfully submit," said

sight.. that granting such Mr. Potter replied that although fendants.

The case will continue this morn- Mr. Potter, findings in our favour, the decision it was an oversight, the alteration should not have been for the plain was caused by carelessness of the ing at 11,15, tiff but for the Bank.".

woman forgetting she left, the note. The Puisne Judge, said Mr. in the pocket of a garment when Potter, had found that the number she sent it to the wash.

Why Note Was Avolded,." of a Bank note was a material and essential part of note." He

The Chief Justice pointed out! had also found that, granted a

evez if in this case. The plaintiff had material alteration in a note, it that there was no criminal intent voided the instrument

Mr. Potter agreed, but said that made by a stranger without the come by the pole quite honestly.

the note was voided by the Bank, privity of the plaintiff or even if accidental or as the result of a process without an act of interven- not because it had been changed into a different document, but be tion by human agency.

cause there was material alteration in the loss of the number. Would anyone, Mr. Potter asked, accept & note without a number 1

He had also found that deliberate and negligent conduct would also have iimilar legal consequences in voiding an instrument.

CATHEDRAL SEAT-HOLDERS AND SUBSCRIBERS. PEW RENTS MAY BE ABOLISHED."

The annual meeting of seat- holders and subscribers is to be held at St. John's Cathedral Hall

Commenting in connection with on Monday, January 31st, at 5:15

this meeting, St. John's Cathedral Wales say:-

There was a sequel in the Marine Court, Singapore, last month, to an incident which occurred on

or eighty pupils who attended all steamer Seitan the same morning wore fancy dress, ranging from the chief officer, Mr. J. Macdonald, being charged with being drunk national costumes to the jazz" while on duty on the forecastle and creations of a modern pierrot and with leaving his post while the vespierrette. The dance was opened with a parade, which provided a sel was within port limits.

Captain A. C. English, master of galaxy of colour in the decorated the Seisten, stated that the vessel ball and prizes were given" by Mr. arrived at Singapore from China Nightingale for the boy and the girl that morning and went to the quar. werring the best costumta. aptine anchorage. The chief officer The programme comprised fox- was the officer on watch on the fore-trots and waltzes, and concluded. castle, and witness noticed that his with the ever popular Sir Roger de

Coverly manner was peculiar.

at the He left bis station, came on theMr. George Band was bridge, and pointed out various piano, and Mian Maud George (one objects, and told witness how to of the pupil organised the tea

Court would say that the note had rents in the Cathedral will be proceed. Witness answered. "All which was served during thoufestivi- right," and told him to go back toties. 18

Mr. Potter drew their Lordship's no number. But the Court would challenged. Some years ago it was He was

Other Dancer, his post, which he did.

attention, in passing, to the fact not ask how the number was miss proposed at the annual meeting away with and all seats made free.. under the influence of alcohol. At the Helena May Institute last that the plaintiffs had not appealed ing, or why. They would not go that the pew rents should be done Witness found him in his cabin at

Mr. Potter agreed that this was But after much discussion it was agreed to make all seats free at 9:30 taking no interest in the work evening H.M.S. Titania held against any of the findings of. Mr. into that.

successful dance. of the ship, and when witness taxed To-morrow H.M.S. Hermes Bre The Chief Justice; It is very what he contended.

The Chief Justice: And that is Evensong but to retain the system him with being drunk he replied holding snother of their popular dificult to know how the respondent ficiens to vitiate the note or for the morning services. The practice of letting seats is one that he had been working very balls, the third this sesson, at the could appeal

which is becoming less and less, hard.

a new venue for thein, Mr. Potter: They have the same cancel it

Mr. Potterff Yes, My Lord The Master Attendant (Capt. G. Hotel Savey,

but sure to prove a successful right we have.

Mr. Futter then proceeded to deal popular at home, and leads to many still, The Chief, Justice: But Freyberg, R.N.) sentenced the ac choice." The same evening the cuted to one day's simple imprison;

for the abolition of pew rents. ment and ordered that he be re Dockyard Recreation Club have a alter all, the judgment is in her with the question of material al diflculties. We hope the meeting

journed. patriated to Hong Kong (where he dance at Messrs. Lane, Crawford's favour and she does not want to teration, and the appeal was ad will agree that the time has come

appeal against that. Restaurant was signed on) at his own expense.,

His fourth submission, said counsel, was that the Bank was entitled to succeed apart from the question of negligence.

Justice Wood.

The Chief Justice, replying to

This year It u probable that the further submissions by Mr. Fotter, said that it appeared that the continuance of the systera of Dew

'c