1928-07-24 — Page 5

CANTON MER-BUILDING CONTRAC-

CHANTS' PROTEST.

OPPOSITION TO BOYCOTT !*

COMMITTEE. #

DAMAGING CHINA MORE THAN JAPAN.

TORS DISPUTE.

WHAT IS A SET OFF.

PERMISSION ASKED TO WITH-

DRAW AN "ADMISSION.""

Interesting legal arguments were SCHEME THAT MEANS RUIN. heard before Mr. Justice P. Jacks

at the Summary Court yesterday morning when two contractors were [FROM OUR CHINESE CORRESPONDENT. the disputanta in an action arising from the building of six houses on Inland Lot No. 694,

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יי

WELS

CANTON, July 93rd. The Canton dealers in piece cloth The plaintiff in the case goods, foreign paper, rohi, marine Tsang Shing Kee, contractor, who products, electric supplies. foreign claimed from the Wing On Lang canned goods, and hardware bave firm, also contractors, the sum of issued a protest against the pay. 8881,30 being the balance due for merit of 30 per cent. of the vast work done. Plaintiff was represent- price of their Japanese goods as ed by Mr. A. el Arculli, The de demanded by the "Committee for fendants also counter-claimed from the Severance of Economic Rela- the plaintiff the sum of 8697.90 as tions with Japan." It will be re- damages sustained after setting off membered that the Committee de- the claim of 8881.30 of the plaintiff. clared that from July 18th, no mer-In other words the counter-claim chant should order any goods from was for $1,339.20. Mr. M. K. Lo was Japan unless compelled by neceà- for the defendants. sity that from July 21st to the

THE HONG KONG DAILY PRESS, TUESDAY, JULY 24th, 1928.

CHINESE LADY DRIVER.

ROUND THE POLICE COURTS.

SUMMONED BY MRS. C. G. TRESPASSER CAUGHT AT

MATHESON.

STONECUTTERS'.

PRACTISE TURN BY REPULSE CHARGE OF ENTERING RANGE.

BAY HOTEL GARAGE.

1J

CANTEEN.

Charges of being found on Stone- cutters Island without permission and of breaking and entering into the Range Carteen were brought against a young Chinese before Mr. W. Schofield at the Kowloon Magis trucy yesterday.

At the instance of Mrs. C. G. Matheson, of "Huntingdon," Stubba Road, a Chinese lady holding, learner driver's license was sum- moned before Major C. Willson at the Central Magistracy yesterday afternoon for dangerous driving on the main road outside the Repulse. The defendant admitted the frat Bay Hotet on the morning of July charge, but donied the other, stat sth.

ing that he had formerly been em- Inspector Alexander of the Traf-ployed on the island as a painter Se Department prosecuted, while and went there to look for a Mr. Horace Lo appeared on behalf triend. of the defendant, and entered a summons against the complainant's chauffeur for speeding.

SERIOUS CHARGE

DISMISSED.

"UNRELIABLE EVIDENCE.

MAGISTRATE'S COMMENTS,

The Chinese, employed by the Great Northern Telegraph Com- pany who was charged with serious offences against a 13-year-old Chi- nese girl in his employment was acquitted by Mr. R. E. Lindsel at the Central Magistracy yesterday

afternoon.

Once again the Court room was crowded, and judging from the buzz of conversation following the Magistrate's decision the result was approved by the crowd.

Mr. E. H. Williams of the S.C.A. was for the prosecution and Mr. Leo d'Almada, Jar., appeared for. the defendant.

An amah at the defendant's mess said that the party was not on the 30th June as stated by the girl. but on the 29th. The girl came Marine F. L. Adams gave eri-back to asleep at the house on the denge of seeing the defendant night of the party and stayed until loitering near the Canteen at about the 30th. On the evening of the party the defendant was on might p.m., on Saturday. At 2.30 p.m. duty and returned home at about the Canteen was closed and the 11.30 p.m. She went to sleep at people aside went to the beach. about 10.30 but heard the defendant open the door and switch on the Witness inter had occasion to visit light. On the night of the 30th

The care, was adjourned until this morning.

DAMAGE TO A BEACH,

The case for the prosecution was that the defendant's car was head ing for Repulse Bay Hotel, when it suddenly attempted to turn Mr. Arculli asked for judgment round opposite the Garage. Had the Canteen and saw a man inside. end of the month all Japanese goods for the amount claimed saying that not the Indian driver of 'complain On hearing witness's approach, the in stock must be examined and in the counterclaim, Mr. Lo had ant's Car accelerated the defen- man ran away, and disappeared registered by the Committee that admitted the liability. Furthermore, Į dant's

car would have hit it into the "bushee. The defendant the merchants concerned shall pay Mr. Lo'a counter-claim was out of broadside ön.

was caught. two hours later on the the equivalent of 30 per cent. of the the jurisdiction of the Court as it The defendant-a learner driver launch pier and was identified as cost price of the goods towards the exceeded the $1.000 limit.

was driving the ear at the time.

the maa seen on the island in the funds for the promotion of antive Mr. Arculli further and that Sirs. C. G. Matheson, giving afternoon. industries; and that frm July 25th there could be no question of in evidence, said that they had just no one shall use Japanese money, or advertence, mistake or omission. dropped a few friends at the steps send marley through Japanese Mr. Lo had written him a letter leading to the Leach. "and were banks, and no more importation of which implied that the claim was travelling at 15 m.p.h. towards Japanese goods shall be allowed. admitted. The letter only said that Hong Kong. Suddenly the defen. they were going to file a counter-dant's car appeared over the bridge" claim, "A counter-claim, Mr. Arculli and was apparently heading for contended, could not be a set-off. the Hotel. Just as her car. He should be given judgment on his opposite the petrol pump of the claim, and the counter-claim could Hotel Garage, the defendant's car be dealt with later. The counter suddenly headed right at her car. claim in itself was "bad" because Had her chauffeur not accelerated, it exceeded the $1,000 limit.

the car would have certainly beengate a report made by the villagers hit. Both cars stopped and witness that two men were removing sand got cut and asked the defendant from a prohibited area marked by who was at the wheel-if the had two sign poets on the beach and a license. The defendant could not the defendants were brought to the produce one, Witness then went to station. the Police Station and reported the

NOT A PRACTICAL

METHOD

These merchants contend that while these ratings may sound very well they are at a loss to see why they should be made to pay the 30 per cent. assessment. They are of opinion that this extremely heavy

taxation, if carried out, would spell ruin to many of them. They point out that this is not a practical method for raising money for the promotion

of

His Lordship said that it would be establishing a dangerous pre- cedent if a set-off were to be con- strued as an admission of the original claim.

native industries. In opposing Mr. Arculli's appli-

Was

When the complainant said the was ironing clothes until nearly incident took place, she (witness} midaight and during that time com. plainant was asleep on her bed. and slept beside her. She was not Witness did not wake her up. distarbed daring the night and when she woke the next morning. the girl was still asleep.

What She Overheard," "When the Lanese detective can anu took per ty lae 3.4.4. Ulce, whacks overnearu, Lae compainaar cousin tell her say а дес kuds were wound and her mouth

gagged; anu Thal was way s could not stream.

Two coolies were charged before Mr. T. W. Ainsworth at the District Court (South) with damaging the shore at Lantao Island by remover to as these things. ing sand without a permit.

Sub-Inspecto: Langley said, that a coxswain was

to investi--No.

she also to the complainant to for compensation, Bau nut U

give out that she the cousin) 10

sent

Mr. F. X. d'Almada, defending,

slagistrate: Did the giri at day dat nu molested her in any way: time suggest to you that the ueren-

Magistrate: Did you tell the S.C.. everything you have to:

us†.

*

Witness: Yes, everything except the date of the party. tell the S.C.A. that you slept on Magistrate. But why did you not

the same bed as the complamaqt on the 30th June.

Witness: I did not tell them

"Such money will of necessity havo!ention for judgment, Mr. Lo said incident to Inspector Alexander of argued that the sign posta could that as they did not ask me.

to' come from some other source. If the Committee ever tries to carry this out, it will surely meet with opposition. They do not understand the position of the merchant. They think that all the merchants are amply capitalized. "As a matter of fact we are just the opposite Most of the merchants in Canton possess only a very limited amount of capital. Very often the cost price of their goods in store greatly exceeds their reserve capital. This being the case where do we get our money!

We resort to borrowing and often times get goods on a letter of credit.

"This is the condition of busi

If the Committee demands

DCSS,

this 30 per cent of the total cost price of our goods," we feel posi- tive, even if the entire cash, re- ecrve of each shop in Cantor is exacted by the Committee, it would still not be enough. To press such a ruling is tantamount to closing up our businesses and forcing us into bankruptcy. This kind of thing will effect trade and currency most adversely and in- stead of harming Japan we shall be the first to suffer.

MERCHANTS' SUGGESTION.

that the time when a plaintiff could rush into Court and get judgment on mero technicalities had gone by, and said that if an admission had been made, it was done inadvertent

or for the purpose of simplifying the case.

Mr. Lo further said that his Lord-

ship had the right right which had never been challenged to give permission for an inadvertent ad- mission to be withdrawn. His Lord ship had the power of rectifying any errors due to inadvertence or omia sions.

Mr. Lo then read items from the which counter-claim

maintained that the plaintiff had stopped work and that he also, by force, had pre- vented other workmen from com- pleting the job. Plaintiff was only

the Traffic Department.

Ir

Turning At 18 m. p.h.

easily be shifted and the villagers may have done the excavation themselves to get the defendanta into trouble. He submitted there was ao direct evidence against his

The Magistrate held that there was a doubt in the case and die charged the men.

The Indian chauffeur told the Court that he first noticed the de: fendant's car coming towards them at about 8 mp.h., and was head-clients. ing for the incline. Suddenly it disappeared from his view and just aa he was opposite the Garage he saw the car coming out of a turn at about 18 m.p.b. The driver was accelerating as she came out of the turn, and in doing so must have loet, control,

Was The Oar Speeding?

OPIUM CARRIER'S EXCUSE.

A Chinese who was charged be- fore Mr. R. E. Lindsell at the Central Magistracy with possession Mr. Lo then remarked to the of 23 taels of Wuchow opium plead Magistrate that he considered ited that he was hired by another man to smuggle the drug ashore from the sa. Tei Hing and he took on the job as he was starving, Remarking that the defendant

to the

à sub-contractor, and by his action impossible to accelerate the work was delayed and caused speed inentioned by the witness in the defendants, who were the euch a short space of time. original contractors, to be fined by the owners.

The defendants bad

The Magistrate replied that the also gone to considerable expense summons was not for speeding but employ armed guards for the pro- nesses have eaid that had they not to get legal assistance and also to for negligent driving.. Both wit- tection of the new workmen,

The case was, however, adjourned accelerated they would have been on the application of Mr. Arcülli who hit by the other said that he had been embarrassed by the letter from Mr. Lo which

car,"

* Evidence For The Defence.

eac

Mr. Johnstone Woo, a student, he tock to indicate that the defend- aats would admit the original claim) said that he was a licensed driver and that he would only be required and at the time was teaching the to contest the counter-claim, and for that reason he did not bring his defendant to drive. She went out witnesses into Court. He asked for every morning and had severni costs for the adjournment, which times negotiated the were granted.

tura without any mishap. He consider ed that the complainant's car, was travelling at an excessive speed of about 35 mph. The driver of the complainant's car was only able to pull up in about five lengths of the

+i

NEW TRAFFIC SIGNAL.

CORNER OF GARDEN ROAD AND QUEEN'S ROAD.

tried as

саг.

Inspector Alexander: "But the evidence we have had was that the driver had to accelerate to avoid the collision."

!!!

What the Committee should do,.. in our opinion, ia to restrict or even penalize merchants ordering any more goods from Japan, after these regulations have, been pro- mulgated. It should allow mer-

A stop and go" sign has been chants to sell their old stock of installed at the junction of Garden Japanese goods without any taxa and Queen's Roads. It is to be tion, registration or any form of successful the band signals "by day an experiment and if

Both Summonses Dismissed. restriction whatever. If the Com-and light signals by night will be mittee is going to collect the 30 dispensed with. A light will alla delendant should, not have at The Magistrate then said that the minate the signal at night time. tempted to turn at the spot in The object of the signal is to conquestion with a five seater Buick. trol crossing traffic, ...op and The fact that the licensed driver down Garden Road from and into beside her had to apply the hand Queen's Road. All traffic travelling brake showed that the without interruption, viz, in any other direction may do so moving quickly

Cars coming from the West pro- His Worship then remarked that ceeding Enst along Queen's Road Mrs. Matheson had done quite Central will not stop though the right in reporting the matter' to "stop" signal is visible. Such cars Inspector Alexander. However, bringing the matter to the atten- must stop if they wish to go up there was not sufficient evidence to tion of the various Canton" mer. Garden Road until the word go sustain a charge of negligent driv

ing against the defendant, and the chant guilds, and Chambers of appears on the signal.

Cars coming from the East pro charge would be dismissed with a Commerce with a view to soliciting ceeding up Garden Road and cars warning, not to select a spot like their help. They have even in-proceeding down Garden Road going that to practice turning.

West can do so at any time without timated that they will close up interruption. They must look out

for pedestrians.

'per cent. assessment, how are we to fix our retail prices eo as to enable us to make a little profit It must be remembered that all forme of taxes, duties, assessments, and 'impositions are ultimately paid by the consumers,”

The merchants affected are now

their shops sooner than pay.

car Waa

the Indian driver did quite right As regards the other summons

in nocelerating.

did not look like a starving man,

four inonths' hard labour. his Worship fined him $1,500, ar

A sum of $500 deposited as bail was estreated when another defen- dant in an opium case failed to appear.

WIJ

Magistrate: You knew perfectly well what happened and it your place to tell the S.C.A. Chinese detective informed her ot. Witness also denied that the the assault.

At the conclusion of the wit-t neas's evidence the Magistrate e marked to Mr. d'Almada that it was obvious that the witness was lying.

Further evidence was called for. the delence and the Magistrate then dismissed the case after com menting on the unreliable nature of the evidence. The complainant did not seem to know on what date the incident happened and it was diffi cult to believe her story about her hands being tied and her mouth gagged.

"THE WISEST COURSE."

ARMED ROBBERY TRIAL.

TWO YEARS' SENTENCE,

not COD- man's

Mr. C. A. S. Russ defending the sixth of the men arrested early in the month for armed robbery in Des Voeux Road West remarked in Court yesterday morning that "We have all been slandered in our lives, but what is the wisest thing to do! It is to say nothing.' Mr. vinced that the accused Lindsell, however, was

silence was a proof of innocence and answered that the most digni- fied thing was not always the most Saturday night for riding a bicycle" It is the wisest your Worship," natural. Despite Mr. Russ' plea of without proper light, and was

sentence of two years was passed out on bail of 85, failed to appear on his client. before the Kowloon Magistrate. The bail money was estreated,

CYCLING WITHOUT A LIGHT.

J. Smith, a schoolboy; who was arrested in Carnarvon Road on

AN. ABSENT MINDED CONSTABLE.

A Chinese constable walked into the Kowloon Court wearing his hat and his act was observed by the Magistrate. The constable's con- duct is to be brought to the notice of the Deputy Superintendent of Police for Kowloon.

25 FOR HYDRANT WATER.

A Chinese from Tai Kok Tsui was stated to have solved the water difficulty by taking some from & fire hydrant. The set cost him at the Kowloon Magistracy.

TINKERS PAY THE PENALTY. Three travelling tinkers who ad- vertized their presence in Wynd ham Street with their cries were arrested by the police on Saturday. Central Magistracy and were each They admitted the offence at the

fined $1.

The defendant, who had been aftor arrest discharged by the police t not being concerned in the robbery, was charged yesterday at the Central Magistracy before Mr. R E. Lindsell and Major C. Will- son with being in possession of a dagger.

A Chinese detective giving evi- dence said that the defendant and his wife had been found on bed on the verandah of 635, Bhangbai Street, when the police raided the premises the day following the robbers. The dagger was near the bed wrapped up in wall paper The among some worn out shoes. woman said the dagger was a house- hold implement used for cutting; fruit, and the defendant had neither contradicted his wife nor offered any other explanation. Mr. Russ here pointed out that every married man knows it is a most dangerous thing to contradict a

woman.

The defendant in the witness-box disclaimed all knowledge of the dagger, but said that the arrest of one of the sub-tenants of his house had led him to suppose that it might cordingly had made & statement to have belonged to him and he ac- the police to that effect.

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