1929-03-06 — Page 5

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MARSHAL LI TSAI: HSIN.

LEAVES CANTON YESTERDAY.

TO SAIL FOR SHANGHAI BY' S.S. ANTENOR?

(FROM OUR CHINESE CORRESPONDENT-]

THE HONG KONG DAILY PRESS, WEDNESDAY, MARCH 6th, 1929.

EXCHANGE CONTRACT DISPUTE.

BANQUE INDUSTRIELLE'S IMPORTANT CLAIM.

CASE OF INTEREST TO BROKERS.

A KNOTTY POINT OF 'LAW,

Arising out of an exchange contract entered into on February 2nd, 1991, between the Banque. Industrielle de Chine, Prince's Building, and Tuen Kee Hoag, merchant, of 24, Cleverly Street, Hong Kong, an action was commenced before the Chief Justice (Sir Heary Gollan) in the Supreme Court yesterday in which the bank was the plaintiff.

It was alleged by the bank that damage had been suffered by breach of contract by defendant, the latter having agreed to pur- chase £10,000 sterling at exchange 9/1/8 telegraphic transfer on London not later than July 31st, 1891. Defendant failed to take delivery of the sterling, or any part, within the agreed period, or at all, or to pay., Plaintiff claimed 811,334.78 and interest at Bo per cent.

CANTON, March 3th Marshal Li Tasi Hain left here" by special train this afternoon,

accompanied by Mrs. Li Tiai Hain, Dr. Chao Hsin Chu, Mr. Fung Cho Man and his personal secretary, Mr. Tang Ka Yin. The party were given a rousing send-off at Tai Sha Tau Station, and every precaution was taken, 3 strong guard of pick-existence. ed troops being on duty at the plaintiff carried on a booking station in addition to police and business at Prince's building. It was also set down that by reason of non-compliance with the re- quirement of section 252 of the Companies' Ordinance of 1911, plaintiff was incapable of making or enforcing any valid agreement Mr. F. C. Jenkin, who was for the bank, instructed by Mr. H. C. Macnamara of Deacons, explained that the defence had intimated by letter that those pleas were not being proceeded with. Mr. Eldon Potter, E.C., instructed by Mr. F. H. Loseby, of Russ & Co., ap peared for the defence.

detectives.

ARRIVAL AT KOWLOON.

PRECAUTIONS AT THE

TERMINAL.

Marshal Là Tsai Hsin arrived at

Tere

Kowloon at 6.30 p.m. when he and bis party

met by Captain Whyte, A.D.C, representing H.E. the Governor, Sir Shon Son Chow, Mr. Kong Si Lui and Mr. Mok.

Elaborate

arrangements

were made to exclude the public from the platform and the Marshal and Mrs. Li were escorted to the launch Britannia, én rate for Govern ment House, where he dined last night.

"

for

liner

Between July 5th and 9th, as cording to the defence, defendant's agent called at the bank and inter- viewed the assistant compradore, who has since died, when the latter, pointed to the notice of suspension of payment and said that the bank was unable to carry out any ex- change contracte. Except for that alleged instance the defendant did not, during the month of July call for delivery in London of the money.

DESTITUTION IN SHENSI.

DESERTED VILLAGES,

PRISONER'S ATTEMPT TO ESCAPE.

FOOD OF HUSKS AND STRAW. / JERVOIS STREET ARMED

A

ROBBERY CASE.

ARREST FOLLOWS CRIME.

Magisterial proceedings in an armed robbery shortly before Chi- nese New Year were commenced Before Mr. E. W. Hamilton at the Central Police Court Vesterday afternoon, when a Chinese charged, in connection with the Jervois Street affair.

Wan

Sanyuan, Shensi, Feb. 13th :--- Extreme famine conditions prevail here and the plight of the people is appalling, writes a North-China Daily Nelos correspondent. During the last month, much snow has fallen, the cold has been bitter and as a result there have been many deaths In Sanyuan city alone 45 deaths were reported in one day.

Ony about ten per cent. of the villages have good food eat, and the remainder, for four months In outlining the ease for the pro- have been subsisting on substitutes secution, Mr. T. Murphy (A.S.P.) that in ordinary times wound hard-described the attack on a Chinese doctor's house, and the arrest of the prisoner allegedly as he was escaping into the street, after parti. cipating with three others in the outrage.

to

As Assumption.

the defendant to take up the con-ly be given to page. The staple diet According to the pleas of the detract as the rate had gone against of those poor folk is made up of fence, defendant did not admit him.

husks, straw, dried leaves, branches that the plaintiff had any legal

and bark of trees, cotton-seed cake, He denied that the

sam vines, and dried thistles, and even these stocks are giving out.

Mr. Murphy stated that two men, Numerous homes, contain absolutely nothing, but an old dirty torn quilt one of them said to be the pri- which serves as the family bedding, soner, visited the first floor of No. and I say several children who 83, Jervois Street, on the forenoon could not leave their brick, beds be of Chinese New Year's Eve, tha Furniture has been disposed of long Chinese Fair, and the streets con cause they had no clothes to wear.bouse being in the midst of the since, and the roof under which they shelter has also been sold to buy food Besides those who have

Robbers Pretend to be Sick. sold their homes as such, another

Poring as patients, the two men hands destroyed them in order that at his desk, and he had an op- ten per cent. have with their own engered the doctor in conyersation

windows as firewood, and the tables whom he took to be genuine pat- they may sell the rafters, doors and portunity of seeing the two visitors, and chairs have also been sold atient. Later a knock was heard at

Mr. Jenkin dealt with other pleas that had been raised and said he thought they could be sum marised brieñy as

an allegation that the bank abandoned the con- tract. Another defence was that under the contract the defendant was entitled to call for delivery in London on any day other than a general holiday during the month of July, 1921.

"An Extraordinary Case."

journment,

Mr. Jenkin, after the tiffin ad-

contended that the

bank had done all that it had to do. There was no ground or basis on which one could form the con clusion that the contract had been abandoned.

With regard to the contract in question, the bank had to be ready for the transaction. Secondly they had to wait until the defendant told them to convert. If the de- fendant did not do so, then they reverted to the state of readiness and the contract was completed in

this rate of value.

sequently crowded with people.

the door and two other men were Waiting for Death,

shown in. At this time, Mr. Mar In many homes we found the pen phy continued, the two

earlier ple sick or to work that they were arrivals disclosed their real pur unable to rise, and even late in the day shutters were still unopened,

pose by producing knives and driv and there many of them lie to-daying the doctor and his small son in their dark hopelessness waiting into a gubicle. One of the others for death to relieve them from their then ran to the rear part of the hunger pains. Probably two per floor and pushed the doctor's wife eent. have already died of star into another room.

Early in that month the bank) a sense so far as the bank was con- vation. Many have sold their wives: suspended payments and filed a corned. winding-up petition. They gave

די

Commenting on the lapse of time

ship remarked it was an extra ordinary case. A bank, he said,

It is understood that Morsbal Lino indication that they would go and his colleagues will leave was, therefore, led to assume that

on with the contract and defendant since the alleged breach, His Lord Shanghai by the Blue Funnel it bad been abandoned.

* Bank's Doors Closed. Antenor.

After the presentation of the petition, the defendant alleged, the bank was not in a position to take up any of their exchange con- tracts and could not make disposi- tions of their property without an order from the Court. No order of the Court was obtained.

ALL CALM IN CANTON.

GENERAL CHEN MING SHU

- OPTIMISTIC:

FROM OUR CHINESE CORRESPONDENT.]

CANTON, March 5th. In spite of the rumours about an open conflict between Nanking and Hankow, Canton is calm and op timistic. The general view is that the trouble is of a local nature and will soon be settled.

This was the strong opinion of General Chen Ming Shu expressed at sa interview given to day to local Pressmen, The National Government, he averred, hoped to arrive at an understanding shortly The General was also optimistic about the forthcoming Conference

Mr. Jenkin explained that the statement meant that after the bank had filed the petition, it was at a legal disability to carry out the contract because there was no order of the Court. Counsel con- tended that the only real allega tion in the defences of abandon- ment of contract was that re

anything was owing to them why did they let five years go by and say nothing he asked.

and others would like to do so if

mieleen, in order to provide for his there were buyers. One man I know well fried to sell his wife, aged

The three inmates appeared to

the men ransacked the Boor. A have been imprisoned in the rooms under guard, but not bound, while

"

did not sleep, on its rights. If "ged mother, but the only offer he parse containing $88 in money was had for her was one peck of maize. taken from the doctor's pocket, Probably fifteen per cent, of the while the gang also collected $300 children have been either sold or in money and property during their given away. I am being constantly search. asked to take children as their parcats have no way of providing for them.

Mr. Jenkin replied that a letter of demand was sent within seven days after July 30th,

His Lordship remarked he would have to take the lapse into con- sideration as evidence from which a jury might infer the contract had been abandoned. It would be for their serious consideration in conjunction with other facts. al- though, of course, it would not be enough by itself.

About 60 per cent. of draft and farmyard animals have been sold or slaughtered. Many animals have

Constable's Smart Arrest. As the robbers left the floor, the farm was raised from the stable in the street to the foot of verandab, which brought a the staircase in time, to intercept

con-

man (the accused) who was prisoner to the house the constable coming out. Instead of taking the decided to take him to the Police Station, holding him loosely by the arm.

Street and Aberdeen Street the At the junction of Gough prisoner broke away, but was ar rested by other detectives

been stolen by raiding parties who, after leading a beast a little way ferring to suspension of pagments.

Mr. Jenkin contended that the from the village, bill it there and on July 2nd.

case came back to the closing of divide the spoil Bread snatching the bank doors on July 2nd, 1921, is a regular practice and in spite Counsel admitted that on July and whether, on that ccension, he of the nets that are spread over and, which was a Saturday morn had to give notice to the defendant their baskets, bread vendors live a ing, the doors of the local bank that the contract was to be carried very precarious life, for sometimes and the London bank were closed out In that connection if the while one man is discussing with that his purse contained a certain In his report the doctor stated On that morning a petition was closing of the doors was significant, the small merchant the price of a sum of money in which was includ presented to the Court and then the opening of them on the pound of bread, an accomplice runs ed a fifty-cent piece and also a order was made, the Official Re- next day but one, the interveneing off with the stock Many dogs have business card. When the prisoner cover being appointed provisional day being a Sunday, was equally already been eaten by their owners. was searched in, the charge room countant, being made special liquidator and Mr. Williams, ac significant.

I have seen one prepared for the the purse with the contents men- Mr. Potter said that the defen- pot; others lie listlessly in a heap, tioned was found on him. manager. A great deal was done dant found the doors of the bank too. hungry to care about the on that morning and while those shut when he was entitled to have etranger who invades their domain, of the bank were, in fact, closed. things were being done the doors the right of calling at the bank at and too weak to move. Wolves are any time to perform the contract. fairly numerous, having left their Whole of Stan Maintained. The bank had deprived him of that haunts in the hills, and already one son of our church has been devoured They were open again on the fol- right.

in the felds. A leopard was cap tured near to Gospel Village.

2

Question of Dales,

of the Kuomintang. He was cer- lowing Monday morning and re tain that neither the trouble in mained open thereafter under the

Mr. Jenkin said that the date of Hunan nor the machinators of the

direction of the special manager the visit as given in the particulars Extremists would be likely, to upset ham and Matthews.

and two people from Lowe, Bing-of his brief was between July 5th

and oth the even course of the proceedings. He, strongly criticised the action of the Kiangsu Provincial Kuomintang

ence.

General Chen is expected to leave for Nanking about the, 10th of this month.

COOK FOUND DEAD IN KITCHEN.

-Counsel went on to say it was Mr. Potter: That was the combe seen anywhere; moreover nothing further alleged by the defendant pradore interview. that during the whole of July,

doctor picked out the accused at Mr. Murphy added that the an identification parade as one of the robbers. When the prisoner was charged, with the crime he made a statement to the effect that he did not take part in the robbery and did not wish to say any more.

Evidence was called and the case was adjourned.

A Land of Utter Desolation. The land resembles a desert, for not a blade of anything green can Mr. Jenkin: Do you suggest months before a harvest can be has yet been sowng so it will be 1921, the bank failed to maintain your client went there on July and reaped, even if good spring rains As one moves along the streets the It is indeed a most difficult thing to help these homeless wanderers. in cabling an invitation to Wang a staff in Hong Kong and Londen for the purpose of taking up this should come. The villages are ab appeals are numerous and piteons,

management with #afcient au-exchange? Ching Wei to attend the confer thority to carry out the defendant's Mr. Potter: I don't see why I solutely desolated; one may go into some try to obstruct one's way and instructions to cable to London should make any statement of that living soul in the streets, a very sequently, as a rule, I don't give & large village and fail to see any others clasp me by this leg. Con- and ensure immediate delivery of kind. the £10.000 sterling.

Mr. Patter continued that his marked contrast to the customary help on the street, but tell them Mr. Jenkin said he would pro- sabmission would be that what the crowds of children playing around to come to the preaching hall where In the city here the sights are for some time we have been dis duce evidence to show that the defendant had in his mind would whole of the staff was maintained, be atterly irrelevant on July 2nd haly, poor emaciated beings can peasing millet soup for the most except on July 2nd, and that they He was not suggesting that the de- and huddled up like something in kitchen, there were some other be seen lying about in many corners, desperate. When we started this could have carried out the defcn- fendant went to the bank on that human. Two days ago, walking similar efforts being made by the dant's instructions.o

day with the intention of taking along a street, I heard a loud and merchants throughout the city and His Lordship asked Mr. Jenkin up the contract, but the closing of regular moar, then later saw a whether he was making the point the doors was a breach of the con- little boy lying by the roadside, to provide three or four hundred it was a practicable and happy task Mystery surrounds the death of would have been able, to complete Mr. Jenkin: The defendant knew most forlorn and starving sight. hungry people with a hot and sub the contract he was entitled to sue that the doors were shut on the meant to get him a meal at the first The merchants here, have since

I asked him to follow me asstantial bowl. Chinese cook, 72, working at a ceed; · · Mr. Jenkin replied in, the second and

stall. He was unable to rise with decided that no kitchen can be European residence, 12 Quarry affirmative.

His Lordship: In a small place out assistance, but when off his feet opened in Sanyuan mless neigh- Point. Other servants in the house The Bank's Status,

like this we all know,

he crawled along. Hardly, had bouring towns do likewise, as they The present sub-manager of the gone twenty yards when I realized dear the concentration of the people Dealing with the evidence, Mr. bank, M. Gauthier gave evidence how impossible it was for me to in this city may be followed by Jenkin stated that if a client did with regard to rates of exchange help, for before I even spoke to bread riots. We sincerely hope and not take up his contract on the and letters, including the alleged a soul I was surrounded by a crowd I believe that in the course of ten agreed rate and the exchange went letter of demand. In cross-examin of starving people. One in despera days or so this work will be resum against him, as in the present case, ing on this letter, Mr. Potter (lan held on to my clothes as he anted in the meantime it is a great the bank was entitled to debit him pointed out that the date was at my feat I was with difficulty trial to look upon such suffering. with the difference between the wrong and the rate was wrote that I got away, and I had to and be meble to do anything, to rate in force and the rate of the with which Mr. Jenkin expressed commission a native to carry some alleviate it unless by stealth, but contract. From the financial point his agreement.

bread to the little ripple I design is not to be wondered at, for these starving people know neither (Continued on nest Column). reason her fear.

found the unfortunate man dead

in the kitchen, under circumstances which suggest that he was murder ed.

The incident was reported at the Shaukiwan Police Station, Up to

last night no fresh facts had come to light,"

that if he could show that the bank | tract, sed and parental

.*

of view throughout the mouth of The hearing was adjourned until ¦ ed to help.. July there was no inducement to "to-day.

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BOOKING AND PLAN AT MOUTRIE'S.