1928-02-27 — Page 4

K

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[AP... 13]

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HONG KONG.

THE HONG KONG DAILY PRESS, MONDAY, FEBRUARY 27th, 1928.

ARCHITECT'S CLAIM FOR FEES.

WINS JUDGMENT IN SUPREME COURT.

LETTERS AND PLANS THAT DISAPPEARED.

DEFENDANT'S DENIALS NOT BELIEVED.

Recently & case was heard in the Supra Chief Justice (Sir Henry Gollan) in respect of

Court, before the claim for 89,731.60, made by Mr. E. D. Shank, of Powell's Building Managing Direc tor of the Hong Kong Excavation, Pile Driving and Construction Company, Ltd., in respect of architectural services rendered.

The defendant was Louie Leung, of 0, Connaught Road Cen-

tral

On Saturday morning, Sir Henry Gollan delivered judgment in this case, having deferred judgment at the conclusion of the hear ing of the case, in view. of the conflict of evidence. His Lordship found for plaintiff for 50,231,80, the sum of $500 having been already paid into Court. When the ease was heard recently it occupied the Court for a week,

The claim arose out of negotiations in 1924 when defendant was propesing to erect thirty houses in Kowloon. and it was suggested by counsel för plaintiff that defendant. at the time of the building boom, was eager to carry oa with the work with all speed, but that when the slump caine he did not proceed with the scheme, and denied the arrangement come to with regard to architects fees.

Mr. C. G. Alabaster, K.C., wns for plaintiff in this case, and Mr. F. C. Jenkin was for defendant.

DEPARTURE OF MR. AND MRS. E. B. C. HORNELL,

FAREWELL PRESENTATIONS,

ACTIVE SUPPORTERS OF LOCAL INSTITUTIONS.

A fell known resident of Hong Kong will be loving, for Shanghai- to-morrow (Tuesday) on the 6.5. President Taft. This is Mr. E. B. C Hornell, of Messrs. Jardine, Matheson & Co, Ltd., who han been transferred to Shanghai.", Mrs. Horne "will be leaving with him.

Mr. Hornell joined Messrs. Jar- dine, Mathesun in Hong Kong in 1906, and 1019 took the office of Secretary of the China Sugar Re- fining Co. As Shanghai he will Lake up abother appointment with Evo.

Mr. and Mrs. Hornell have many friends, who will regret their de partures but who will wish them all success in their new sphere of activity. Mr. Horrell, since his residence in the Colony, has iden- tified himself with various move. mała.

He was one of the promotors and organisers of the Peak Residenta Association, founded early in 1929. Treasurer since its inception His and has been Hoa Secretary and

A. Murdoch, of Messrs. Jardine, successor to iris, poet will be Mr.

Matheson & Co.

names

A

K. M. A.

CERAMIC & REFRACTORY PRODUCTS

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Ask for our Illustrated Catalogue-Compare our Prices and Inspect our wide Hange of Samples THE KAILAN MINING ADMINISTRATION DODWELL & CO., LTD., Agents, Hong Kong.

"A' DANGEROUS COM-

MUNIST,"

MAGISTRATE IMPOSES SEVERE PUNISHMENT,

THREATS TO PREVIOUS EMPLOYER.

Stubbs

AMERICAN SHIP IN TROUBLE AT AMOY.

BOYCOTTED AS RESULT OF FATAL SHOT.

PILFERING COOLIE SHOT BY CHIEF OFFICER.

A Daily Press representative boarded the Admore Festerday while she was lying at buoy No. 91. "It

In the course of his judgment, | Mr. C. B. Shank stated that at His Lordship adid:-There was such this interview of March, 1923, a a violent conflict" of evidence in this discussion took place with defend

The American ship Edmore was case that I reserved judgment be- funt about proceeding with his build-

young Chinese house-boy,

recently tied up in Amoy for a cause I thought it would be more ing project, and that the latter pro- Secretary of the Peak Club since

Mr. Hornet bas also been. Hon. formerly in the employ of Mfew days owing to trouble with

Matheson, Huntington, conducive to a correct finding on i mised to return in a fortnight and carly in 1923, and was meently pre-hard labour and twenty strokes of timely intervention of an American Chinese cootes, and she was only Boud, was sentenced to six months able to leave port thanks to the the facts if I read the testimony give his decision. A bill for presented with a silves salvar. inseri of the witnesses as a whole before paring working plans was present.

ed with a hundred and twenty the birch, by Mr. R. E. Lindsel at destroyer. giving judgment.

the Central Magistracy on Satur ed to defendant who took excrp-

He has also been closely iden- day morning, for, having in his Some time in 1923, the defendant tion to the amount "As a result tified with the Hong Kong Augling session two copice of the "Red had taken from Government the plaintiff sent defendant a bill charge duties of Hon. Secretary. The seditious nature.

Club, and again has undertaken Flag" a publication of a most

appears that the vessel lease of an agricultural lot of landing two per cent instead of three Hong Kong Horticultural Society it, that the seditious booklets charge her cargo of flour, and to arrived at Amoy on the morning in Kowloon; but in that year there erecting the houses or a sum of support. He has been a most suc- per cent. on the estimated cost of

At the last hearing the defendant of February 6th. She began to dis- also owes much to his help and was feverish activity in the build-1 $9,751.60.

were given to him in Queen's Road ward noon, the Chief Officer, Mr. ing trade. and defendant applied. Mr. Foster Turner also speaks to and also acted ay the Hon. Secre.he did not know what the pamphlet coolie was making away with three essful competitor, at the shows, Central by a stranger, At the time Viliasky, noticed that a sampan to the Government for the conver-fendant, Mr. C. B. Shank, Mr. an interview in 1025, at which de

tary.

contained. He also called a "kins racks of flour. He shouted to the sion of his agricultural lease into a Edwards and himself were present, Rowing Cup, which is competed give evidence ny to his good charac, the sampan was rowed away Mr. Hornell donated the Herneltman, a cook to Lady Ho Tung, to inan to stop, but instead of doing building lease. Plaintiff was

Mr. Foster Turner niso stated for annually by business men, un- em-

that the working plans were shown der the auspices of the Royal Bang

at top speed. Mr. Viliaky fired ployed and successfully put the to defendant who had no complaints Yacht Club under the style of the the accused said that in view of had no effect on the pilferor, 89 Mr. Horace Ln, who represented two shot as a warning. This also Hong Fours.

the defendant's good character to the Chief Officer aimed at the ently in golf and this year she gave the benefit of the doubt. two shots fred as a warning us Mrs. Hormal has figured promin: which Lady Ho Tung's cook boy mas's thigh with a third shot and had testified, the defendant should hit him. Prior to that one of the reached the semi-final of the Ladies' Championship when she lost to

Inspector Lane for the prosecu- fortunately ricochetted against her way into the final round of the said that the accused had been very Mrs Tottenham. She also played tion then called Mrs. Matheson who sampan and hit another bostman in Captain's Cup hut lost to Mrs.toudere and had gone so far Dodwell by two and one. Mra as to threaten to kill her.. Hornell has served on the Advisory also on the Committee of the ladies' Committee of the Peak Club and aretion of the Royal Hong Kong Golf Club,

$500

business through, being paid by the defendant on March 28th,

1023.

to make about them.

Mr. Edwards also said that do fendant looked at the working plans which, he was told, were complete.

Mr. Edwards did not make a satisfactory witness,

Meanwhile there had been discus. sion as to the further employment of the plaintiff by defendant to att as his architect in the construction Mr. Jerkin, on behalf of defend of the houses which the latter in- ant, put it quite clearly to Mr. ended to creet on the lot; and on. Edwards that his evidence was the March 21st, 1024, plaintiff wrote result of coaching received from the to defendant offering to do the plaintiff, hiny brother, Mr. C. B. architectural work for a fee (to in Shank and Mr. Peater Turner, and clude supervision work) of "per

certainly cannot say that. Mr. cent. on the actual cost of construc-Jenkin had no grounds on the evi tion. At first the receipt of this dence for speking so forcibly. letter was denied, but later, in the witness box, he admitted that he. had in fact received it.

Defendant Denies Receipt of Letter.

The offer contained in this letter was not accepted by defendant, but discussion continued between him and plaintiff as to the type of houses to be erected. This was settled, according to the plaintiff, and he eventually wrote, on July 31st, 1924, a letter of that date to the defendant, offering to do the architectural work for a fee of 3 per cent. on the total cost of con- struction but without supervision. Plaintiff says that this letter was entrusted to Lam, but defendant denies that he ever received it, and Lam stated that he remembers no thing about this letter..

to

·Defendant's Denial. Defendant's answer to the evi- dence given as to what took place at the interview of March, 1925, is an absolute denial, that there ever was any such conversation or even interview. I am therefore asked, practically on defendant's uncorro- borated statement, to find that Mr. C. R. Shank and Mr. Foster Turner invented the interview and convor sations of March, 1925, and then that they and the plaintiff conspired to suborn Mr. Edwards to commit perjury with a view to supporting plaintiff's case.

His Lordship reviewed the evi dence in detail and added:-

1.

The defendant's case can be put very shortly. He admits that he directed plaintiff to prepare sketch plan of the proposed houses, That plaintiff's offer as to doing that plaintiff did submit such a plant the architectural work for three per to him, but that he did not approve cent, on the cost of construction it and returned it for alteration and was communicated to defendant in re-submission; and that the sketch some form a certain from letter plan with the alterations directed from defendant plaintiff of was never submitted to him. August 28th, 1024.

The plaintiff meets this defence According to the plaintiff, he pro-by saying that the necessary altern. ceeded with the making of the tions were made in the sketch working plans which were complet plans and approved by the defend ed in the beginning of November, ant; and that the alterations were 1924, and, soon after, plaintiff says embodied" in the working plans that he asked Lam, on several which were approved of by the accasions, to bring defendant to his defendant. affice to decide upon the plans, Government desired that the build ing should be gone on with, but that defendant failed to attend. Thereupon on December 10th, 1924, he (plaintiff) wrote the letter of this date to defendant in which the statement was made that the draw ings of the proposed houses had been ready far six weeks. The defendant denies the receipt of this letter or that he received any such messages through Lam and Lam corroborates the statement of defen- deat

As defendant did not appear, plaintiff says that he wrote and sent another letter on December 31st, 1924, naking defendant to replay to the letter of December 10th, 3924; defendant again mects this statement with a complete denial

A Presentation.

Hornell on Friday at the manager's A presentation was made to Mr. office, Ching Sugar Refinery when there was a large gathering of the Refinery Staff.

Shaw, the Manager, the presenta In the absence of Mr. G. M.

Chief Engineer. tion was made by Mr. S. Baker,

Mr. Horn! first arrived in Hong Mr. Baker recalled the time when Kong and began work with the Company. Mr. Baker then pre sented Mr. Hornell with a cigar box with the names of the sub- scribers inscribed on the cover, while Mr. Baker also asked Mr.

on behalf of Mrs. Hornell. Hornell to accept a perfume bottle

FAKED TICAL NOTES. CHINESE GETS BENEFIT OF

DOUBT.

Mr. R. E. Lindell at the Central A Chiness was brought before Magistracy on Saturday morning charged with attempting to atter four faked 20 tical Siamese notes. According to the prosecution de fendant went to a money changer's shop to convert the tical into local As Mr. Jenkin frankly admitted currency. The money changer die. the case must in the main, stand or covered that the notes were not fall by the view I take of the inter-cauine, and the defendant bolted. view of March, 1925; and if I ac- The money changer gave chase and cepted the evidence of plaintiff's arrested the man. witnesses as substantially correct the defence could not be sustained.

The Missing Plans

ter.

believe the defendant's story and Mr. Lindsell said that he did not imposing sentence as mated, defendant is his Worthip said "I believe the a dangerous corn manist."

- DUE THIS WEEK.

PASSENGERS ON THE

"MONGOLIA."

Passengers due to arrive this include:- week on the P. & O. es. Mongolia

the abdomen: This man later died

of his injury.

censed and sampan folk were much in-

The entire fraternity of coolies.

and they went on strike against Et what had occurred the Edmore. Coolies who were working on the ship were told to quit work, and a strict watch was kept on the Edmore, no coolies being allowed to go near her.

Threats Of Vengeance. During the first three days, the, attitude of the Chinese was most inenacing Bricks were thrown at the ship and the coches threatened to kill Mr. Viisaky at sight. PIO- tests were lodged with the Ameri Can Consul and the Customs Authoritics, and demsad for compensation was made. The m main at Amoy for twelve days and Edmore was thus compelled to re- consignees of cargo had to wait many fruitless attempts to engage for their goods although they wonde cooliee to unload their cargo.

ner, Mr. C. Blook, Mr. J. Brennan,

Mr. D. Abbey, Mrs. D. F. Brem Mr. J. A. Brander, Mrs. Brander, Lieut. H. W. Bredin, Lieut. M. G. Evans, Mr. W. F. Everits, Mr. E. J. Field. Mrs. Field and two chil. "dren, Miss Forrest, Miss B. George,

Miss H. R. M. Gubbins, Mise G. No one on board the Edmore H. Gor, Mr. and Mr. J. A. Howe, dared to go ashore for the first four Master Howe. Mr. H. Owen days, but on the fifth day the Chi- Hughes, Miss E. A Howe, Mr. C. bese coolies, particularly the sam- C. Hickling, Mrs. Hickling. Mr. pan mem announced that they M. Kanally. Mr. and Mrs. M. V. the Chief Officer they wanted. and Mrs. H. M. Ireland. Mr. C. would not harm the crew. It was Kanally, its Lucille Kanally, Mr. Members of the crew then vandur. T. Murphy, Mr. A. Nicoll. ir. A. ed to land at Kulangsu for a few Ralphs and child, Mr. R. J. Raw Amoy for the use of their private F. Paul, Mrs. Paul, Mr. A. R. H. hours. To do that they had to Phillops, Mrs. Phillops, Mrs. 31. depend on the foreign residents at inson, Mre... Rawlinson, Mr. G. W. motor boats, as no sampan would Sellars, Mrs. Sellars and infant, take, the crew ashore. Mr. W. F. Smith, Pay-Licut. H. 5. P. Wauh, Mr. J. Will, Mr. T. H. Williams.

NEW GIRLS' SCHOOL- EXPERIMENT.

Mr. Lindsell discharged the de

HEADMISTRESS WHO HAS fendant remarking that it was

NOT TAUGHT BEFORE. quite unlikely that the man knew. the notes were forgeries. Had he

Leading educationists in Eng- done so, he would not have gone land have decided to make a TC- to a money changer, knew his business, to utter them.

man who markable experiment. They are to open a large girls' public school His Worship, however, commended in May, and they have appointed the money changer for effecting the at the head of it a woman who has arrest of the accused.

never been a teacher and has no academic qualifications.

"NAVAL AND MILITARY Y.M.C.A.

The new school is to be opened" at Westonbirt, the famous home.

Amoy on February 16th, and the An American destroyer arrived st altitude of the strikers underwent a great change. Instead of main- taining their hostility, they became friendly. Coolice offered- to unload the ship and this was carried out. without any further molestation from the rowdy elements. The Edmore was able to leave Amoy on February 23rd and arrived here on.. Saturday.

NEW SOLICITOR.

ADMISSION OF MR. O. E. C. MARTON,

It is most unfortunate that the altered sketch plans have not been produced as they might have thrown considerable light on the most unfortunate conflict that has arisen in this case. They are said to have been lost in the course af passing between plaintiff's office and his solicitors; and here again the explanation of how they came

Mr. O. E. 0. Marton was ad of the late Sir George Holford, mitted to local practise as a soli to disappear is, to say the least

near Tetbury, in Gloucestershire, citor at the Supreme Court on of it not particularly satisfactory.

Its founder is the Rev. Percy Saturday morning, on the applica But in view of the estiamte I have

Ewart Warrington, vicar of Monk- tion of Sir Joseph Kemp,KO formed of the evidence in this case.

ton Combe, who converted Stowe (Attorney General), I accept the statement of plaintif that the alterations required by de-

House into a boya public school, the, Chief Justice (Bit Henry. made before fendant were actually made and

The woman who has such remark Gollan). embodied in the working plans and the Cheer O Canteen, Chater Road, anality that she has been engaged was admitted as a solicitor of the A meeting of the lady helpers of able ocial qualifications and per Bir Joseph said that Mr. Marton were approved by defendant at the will be held in the Helena May to take charge of Westonbirt is Supreme Court of Judicature in interview of April, 1925.

Institute, on Tuesday March 6th Mrs. J. A. Houson-Craufurd, wife England on December 11st, 1997. She re Legal Practitioners Ordinance had

CHEER'O CANTEEN RE ARRANGEMENTS.

The Crucial, Interview, Eventually some time in March, 1925, defendant, according to the case of the plaintiff,-did-attend the latter's office and had an inter. view at which were also present Mr. C. B. Shank, brother of plain-. In the circumstances I have come at 10.30 am, writes Mr. Wolfo, of Brigadier-General John Archi- The various requirements of the tiff, Mr. Foster Turner who was to the conclusion that plaintiff has All lady elpers are requested to bald Houison-Craufurd. the head of the Architectual Depart made out his case and is entitled make a special effort to attend. As sides at Dunlop House, Dunlop, bren complied with except as to ment, and a Mr. Edwards, who has to judgment for $1,261.60, being the additionni lady helpers are requirAyrshire, and has two sons She the giving of four months notice changed his name to Woodruff, a amount claimed, less $500 paid into ed, all three interested in eanteen is Deputy Chief Commissioner of and the Law Society had written cleric in plaintiff's office. I will con- Court by defendant which I order work are cordially invited. The Girl Guides for Scotland, the pre-indicating that they would raise no tinue to speak of the last named as to be paid out to plaintiff, as well meeting is called to consider. To aidat of Ayrshire Cattle Herd obiection: Edwards by which name the other as for costs ́witnesses refer to him in their evi- A stay of execution for 14 days, the transfer of the canteen to the broeder-of-pedigree Ayrshire cat- tion and wished Mr. Martan success

arrangements in connection with Book Society, and has been a

His Lordabip granted the applica with liberty to apply was granted. City Hall

Tin his new sphere.