1929-08-09 — Page 4

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GAUZE

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17

Mackintosh's

Nanking Cabinet Crisis.

Alleged

Financial

Irregularities; The Instone Bank Enquiry; are topics discussed in

the Current issue of the Weekly Press."

+4

China's Hungry Soldiers; The Disbandment Pro- blem; - Kidnapping in Hong Kong are other

features.

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WHITEAWAYS MEN'S DEPARTMENT.

THE HONG KONG DAILY PRESS. FRIDAY, AUGUST 9, 1929.

TOO ACTIVE OPIUM DETECTIVE.

ARRESTED ON A CHARGE OF BRIBERY.

11

FOREIGNER'S UNFORTUNATE PLIGHT.

A Doubtful Witness,

A SUB-EDITOR'S

NOTICE.

ARGUMENTS IN "THE APPEAL COURT.

MR. H. COOPER-e, THE NEWS. PAPER ENTERPRISE, LTD.

For some months past very con- the foreigners and the Chinese of siderable seizures of opium have¦ cials. After this curious trial, the been made at Kiukiang of steamers accused were again removed to passing through the port. The their cells and locked up. most enterprising opiani detective

The Chief Justice (Sir Henry has been a gentleman named An-

The only witness for the prosecu- | Gollan) and the Puisne Judge (Mr. dersen, a member of the Customs

tion at this trial was the Chinese outdoor staff. In the past few months says the (. C. Daily News) boatswain of the Kungwo, himself J. R. Wood) sitting as an appeal well guder arrest as the chief smuggler court yesterday heard, an appeal bas received Anderson

of the discovered opium. Accord- Laguinst the judgment of the Fuisne over Tis.1,000 seizure money on opium and as seizure money repre-ing to the account in the Chinese sents about 30 per cent. of the value newspapers his evidence was as fol- Judge in the ease of Mr. Harry

lows:-

Cooper v. the Newspaper Enter- of the opium seized it is evident

Andersen and Bau Fu Sunprise Ltd. The original action was that the value of the quantities dis-

(the Chinese tidewaiter) asked covered runs into hundreds of thou-

a claim for $1,000, judgment being sands of taels.

me to pay them 84,000, on pay- ment of which they would release given in favour of the defendents, me. I only agreed to pay $3,000

The appellant asks for the Puisne and paid immediately $1,000, the

Judge's decision to be set aside on reinining 82,000 to be paid on the next trip of the Kungwo from the grounds bat: --- Shanghai,"

It was not to be supposed that those interested in the shipping of: the opium would view such large losses with equinamity. Andersen had been warned several times that excessive zeal might lead to per sonal discomfort, but the warnings passed unheeded and the seizures of opium continued. Andersen is a Russian subject without extra territorial rights.

1

the

The Customs officials have made several attempts to get Andersen out on bail but on each occasion have been met with a fat refusal. The boatswain un the other band, who presumably the nctual alleged snuggler" of the steamer op:um.

most important prisoner, was offered release pro- viding the foreign agent for Messrs. Jardine & Matheson, owners of the Kangwa, went hail for him. This the agent very wisely refused to do, as whit was to prevent the boatswain disappearing and giving the Chinese officials the op- portunity to accuse the foreigners of sheltering the opium business.

Theatened With Shooting.

When the British

downriver, bound "Kungwo, called at Kiakinng to discharge Parge, she was searched for con- traband in the ordinary way and Andersen and his Chinese tidewait- ers found on board a large quan- tity of opium, about 1,000 entties in weight. They were about to seize this opium, when certain Chinese gentlemen, who were loung ing round, intimateed that any one who so much as touched the opiumi

would be shot.

"

Mr. Andersen in Prison

30

The Anding of the learned judge was wrong, unreasonable, and unwarranted by the evidence.

The learned judge misdirected

himself.

Mr. F. C. Jenkin, instructed by Mr. M. M, Watson, appeared for the appellant, and Mr. C. G. Alabaster, K.C., instructed by Mr. A, el Arculli, for the respondents.

The Agreement Between the Parties.

Mr. Jenkin said the claim was

against the respondent for $1,000. The agreement arose out of the reintionship between parties in the

KAIPING HOUSEHOLD COAL

In Lots of not less than

t-to- Delivered to Peak District (above Bowen Road), $23.00 per ton. Delivered to Bowen Road and Lower Levels, $21.00

per ton. Delivered to Pokfulum Road, $23.00 per ton. Delivered to Kowloon, $19.00 per ton.

Orders should be sent

Note Reduction in Prices.

is writing noi

by telephone

For Price Apply to

at least 24 hours before

the Coal is required.

1

All orders must be ae- companied by Cash, Cheque. or Compra- dore Order payable

to

The Kailas Xining. Ad- ministration."

THE KAILAN MINING ADMINISTRATION

DODWELL & CO., LTD. Agents, Bong Kong..

Counsel submitted that new arrangement was come to between

the parties after the agreement had heen in, force for some six months. I could only operate in one of two ways. Either it was a variation of the agreement or a recission of the agreement.

"The Now Arrangement." Counsel submitted that in the pre- sent case the new arrangement was one which could be enforced by the appellant against the respondent by virtue of its existence, without re- ference at all to the old contract.

WLA On July 19, 1927, to him

not limited by any

Mr. Andersen was locked up in journalistic profession. The ap- He had been offered a higher It is a matter of common know. a police cell in the police quarters bellant, Mr. Cooper, had been in salary, had accepted and had been

of the Kiukiang B.A.D. These quarters were erected by the British the service of the responderita from paid it. The appointment offered when the place was a Concession and so the cells, though small, were the year 1997, adequate for the purpose. Since he entered into an agreement with period of time and he submitted they were erected, however, the cells the respondents to serve them for that, in law. Mr. Cooper could have. have been very thoroughly looted four years in a stated and well aued Mr. Burnett. by the soldiers of the Republic of

would

ledge that the "military are in- terested in the opium trade, that the smuggling down river from Szechuan is continuous and that the opium is generally accompanied by special guards, who do not hesitate to shoot when necessary Faced with this threat, Andersen China and so they are devoid of defined journalistic capacity as sub- If after the letter purporting to decided that discretion was the furniture The problem for Mr. An- editor-reporter. He was to serve give Mr. Cooper three month's better part of valour and, leaving dersen was solved by providing him in that capacity only, and that notice Mr. Burnett had reverted to the Chinese tidewaiters Оп the with a broken door and two trest- acene, went and reported to the les in lieu of a bed. For twenty description of the service went to the salary of £350 under the old Commissioner of Customs. The four hours be was left locked up the root of the contract because agreement, Mr. Cooper would have Commissioner naturally did not and without food. He was wish to have his staff shot and 80 even allowed to go out to attend to

not under it he could not be called had right to action for the balance. advised Andersen to leave the opium the purposes cf nature. On the upon to render other service on the He be entitled if Mr. alone. On returning to the ship next day, however, he was permitt salary as based upon that particu. Burnett paid him $350 during those Andersen found it had been invadeded to make his own arrangements lar grade.

three months to suc Mr. Burnett by a posse of Chinese police, who for food and then he was allowed had seized the opium, arrested the to go out to the lavatory, but each

Clause Six of the agreement for three times his monthly salary boatswain of the steamer and also time he did so be had to pay a would come under consideration because he had served at that. Mr. the Chinese tidewaiters. The gentle bribe to his guard.. men with automatics had ap

during the hearing of "the appeal. Burnett would not be able to rely parently discreetly vanished. The

on the agreement, Exhibit A police asked Andersen to go with somewhat disturbed at the treat. That was a clause under which

ment meted out to Mr. Andersen, either side could give three months' because it had gone. them to the police station and he

as it was realized that such treat-

notice. supposing they required him to

ment would not do the fair name give evidence, agreed. However when he arrived at the police sta tion he found he was under arrest himself and he was soon locked up in a cell,

Charged With Bribery. Those arrested were Mr. Ander sen and seven Chinese tidewäiters, held on a charge of receiving bribes, and the boatswain of the Kung wo," who was accused of smuggling the opium.

The accused were then brought before a military, court presided over by Judge Chao, an officer of the Kiukiang Defence Commis- sioner's Yamen. The proceedings were duly reported in the local Chinese newspaper. According to this newspaper the accused -

Local Chinese opinion has been

41

of China any good. The affair, On December 20, 1998, Mr. therefore, was referred Nanking Burnett, of the respondent com

dismiss Mr. by the Superintendent of Customs pany, purported to (a Chinese official) and in due Cooper by a letter of that date course instructions were received to That was under Clause Six of the have the case transferred from the agreement, and Mr. Cooper's ser military court to the civil court. vices were to terminate on March One real question would be At the time of writing all three 31. accused still await trial, but Ander- what were the appellant's rights at that date insofar as they had re- sen has been moved from his cell to the gaol in the Chinese city. Iation to the rights of the respon. dents to terminute the service re- Here he occupies the gaoler's own room and is more comfortable. Helationship then existing between shares the room with the two other them. accused and they make their own arrangements for food. We won- der how the witness for the pro- secution enjoys being locked up with the witnesses for the defence i

The Lawyer's Opportunity.

1.

1

in

In

Salary and Position.

The evidence on the point given at the trial was all to the effect that Mr. Cooper should have had aix months' notice.

Case For Defendants, Mr. Alabaster, K.C., in reply said that at the trial the judge found that three months" notice was a reasonable one. The judge was sit ting as a jury, and if in fact a jury had been sitting its finding could not have been upset,

TWELVE PIRATES

KILLED.

woOSUNG WATER POLICE CRUSH GANG ON WEN

KONG BAY.

"Twelve pirates were killed and four of their vessels were captured during the course of a gun battle between about be of the water thieves and the Woosung Water Police. The fight occurred not far from Woosung on the edge of Wen Kong Bay.

According to reports of the fraces, the Woosung Police received ports that a large band of the sea rovers were operating of a point called Chi Hwan Sha. The report

also stated that several small craft had been seized and looted by the

gang over the week-end.

Patrol Called Out.

In reply, Mr. Wu Yu, commander of the ith Division of the Won- sung Water Police, dispatched a large force aboard several patrol Al vessels to crush the outlaws.

night was spent patrolling the vicinity where the pirates were re- ported to be hidden, but without sighting a vessel that appeared dangerous.

"

Just at dawn the next morning, one of the patrol vessela sighted four suspicious craft near the Chin Hwan Sha point. An effort was made to investigate but the four vessels under suspicion attempted to flee. The patrol craft, aided by other vessels of the police feet, started in pursuit and rapidly be gan to overhaul the pirate boats.

Pirates The First,

The outlaws were the first to open fire. The police returned it. and a battle ensued that lasted for more than half an hour. The pirates, having their fill of shoot. ing, beat a hasty retreat for land about a mile distant. Those that were able deserted their ships and took to the beach, most of them making a successful getaway. Some were shot down as they fed, how... · ever, and when a check of the re suits was made, it was found that 12 of the law-breakers had been killed. The captured vessels con

While admitting that in the majority of a cases a sub-editor had been found entitled to six months' notice three months' had in other been held sufficient. In this case, three months were mentioned in the tained small quantities of loot tha contract

had been taken by the pirates dar- ing recent raids.

Plaintiff's Duties Unchanged?

The appellant, contended counseli

WILS

ereased, remained

a

sind

When Mr. Cooper first started to function under the contract Exhibit A he was the fourth in seniority the office. The senior sub- editor was Mr. MacDonald. The "All admitted that they accept Mr. Andersen has been trying to

next in seniority Mr., Dobbie. ed a bribe and said that they make arrangements for locul

There was another gentleman in released the opium in accordance Chinese lawyer to defend him, S the editorial department and Mr. never doing anything which K.O.S.B. MAN IN TROUBLE. with the instruction of the Com-naturally he himself is not acquaint-Cooper came fourth.

uprooted the agreement, as his. missioner of Customs."

ed with Chinese law. Local Chinese

duties were the same, but he was

" "FREE TRIP TO SHANGHAI, Mr. Dobbie left and Mr. Cooper given more pay because of the This report is not true ne An lawyers, it seems, have a high idea

He WAS dersen has not signed any admission of the value of their services. They was then asked by Mr. Burnett to greater responsibility.

take over the job of senior sub- still like "Kipling's marine," 晶 A District Court Martial eat yes- that he received a bribe. It more believe in making hay while the sun shines. The first arrangement

editor. Mr. Cooper's position as soldier and sailor too. In fact Mr. terday at the Murray "Barracks to over contains a contradiction, as it is made to appear on the one handmade by Andersen was through the sub-editor was published by the re-Cooper, although his pay was in consider charges against Private

Stewart, sub-editor Andrew

Batin, that the accused accepted a,brite Chinese tidewaiter, who is also un- spondent in a local directory. not to report the discovery of the der arrest. The best arrangement the journalistic profession reporter and there was no varia K.O.S.B., "of desertion and losing If the agree military equipment. Stewart and opium while, on the other hand, it the tidewaiter could make was to there was a distinct and well known tion in his duties." is admitted that they reported the secure the services of a man to de- difference between a sub-editor ment was rescinded, thep they had two other K.O.S.E. mem gave them. discovery to the Commissioner of fend them both at an inclusive fee and a sub-editor-reporter.

to find the terms of the new verbal selves up at Shanghai on July 28.

Stewart said that they went" os Customs.

of 81,000. This was the cheapest

Mr. Burnett admitted that the agreement which must include the

board a ship on July 24 when very. Two days later, a further investi- lawyer available.

Meanwhile, Mrs. Andersen had salary settled between the parties passage and restrictive clauses." gation, or trial. "was held at the

It could not, said counsel, pos. drunk and got taken off to sea, was based on the position assigned Chamber of Commerce before the not been able to see her husband to Mr. Cooper. The rate of salary sibly have been in Mr. Burnett'a He called the two men with him to

corroborate his story. sane military judge, Chao. Five and so with the assistance of the appeared in Clause Three. For the mind to abrogate the written agree-

The Prosecutor pointed out that of the accused were released on bail, Commissioner of Customs she, on while bail was refused to Andersen,

her side, also arranged for a law first year Mr. Couper was to re-ment, because the restrictive clause yer to defend her husband. The ceive $350, the second $400, the would then bave no effect, and Mr. accused was at the time wearing the boatswain and the chief Chin-

man approached happened to be the third $425 and in the fourth year Cooper could be engaged by rival plain clothes-without permission. ese tidewaiter.

same one already engaged by An- $450. Under that agreement be had concerns after leaving the News Stewart had previously been ser tenced by court martial at Hong to do three full years as sub- paper Enterprise. dersen. He did not mention this

Kong for leave breaking and 'wilful The most that Mr. Cooper could damage to property. editor-reporter before he got full to Mrs. Andersen. Oh, no, he saw

Bay was that it was a gentleman's Accused was found guilty of los. his opportunity and now Ander alary.

Under the new arrangement he agreement, as nothing was put down ing military equipment and WJE sen's defence alone will cost him

On the desertion $1,200, while the fee for the tidewai was in receipt of 8450 on April, in writing, no mention was made not acquitted ter, the amount of which I have 1928, after only eight months' se: of the restrictive covenant or charge.

Sentence will be promulgated been unable to discover, will be vice. In that time he jumped from passage Home. Also be was never separate. It would appear that as No. 4 to senior sub-editor, and definitely appointed senior sub-later. soon as extra-territorial rights are from the lowest salary under the editor, but was merely requested to

do the work. abolished Chinese lawyers are going agreement to the highest salary. to find themselves in clover!

The only explanation was in The Chief Justice's Hint to Counsel. accordance with a change in the grade of the appellant's service.

Commissioner's Anti-Foreign "

Speech.

At this trial the Director of the Kiukiang S.A.D., Mr. Chien, con- currently Commissioner of Foreign Affairs, made a violently anti- foreign speech, though what stand- ing he had in the Court or what he has to do with the administra- tion of justice it has been difficult to discover. The gist of the speech was that the sole reason the British and Japanese tan steamers on the Yangtze was for the purpose of smuggling opium. The only for eigner present was the Commission er of Customs, a Japanese subject, and when he rose Bay a few words for Mr. Andersen, he "was howled down by Mr. Chien; who thereupon gave instructions that the case was closed and. ordered all to leave the room. Mr. Chein's exhibition has not enhanced his re putation in the eyes of the foreign residents of Kiukiang and the soon- er a new Director is appointed for the Kinkiang S.A.D., where nearly all the foreigners live, the better chance will there be of a continue tion of friendly intercourse between

On the 10th, after 14 days close imprisonment, an order was issued allowing visitors twice a week to see Mr. Andersen in prison and it is directly from Andersen himself that the account of conditions in prison "have been obtained.

The Real Criminals Go Free,

(Continued on nest Column.)

to

!

VATICAN'S NEW POSTAL

SERVICE.

SALE OF SPECIAL STAMPS.

Rome. It has been announced' in

malities have been gone through

After Mr. Jenkin had briefly re- plied the Chief Justice drew Mr. Jenkin's attention to the word "un- reasonable", in notice of motion. For using that word when at the bar, said Sir Henry, he was severe where it came from and where ty taken to task, and he thought 1 the City Vatican that all the for was going, The gunmen on the it much better that the word should for the adhesion of the new Stato Your correspondent has made Kungwo have been allowed numerous inquiries in many directscape untouched. The opium is not be used against a judge's de tions to find out what efforts the said to have been on its way tosion. He thought it was an un- fortunate word, and it would be local Chinese officials were making Nanking, but that is only the com- to apprehend the real criminals,

mon" report and must not be a better left out. the original shippers of the opium. cepted as an established fact. The Mr. Jenkin said he was sorry and The result of the investigation is whole effort of the Chinese officials admitted responsibility for the quite simple. No attempts of any appears to have been concentrated word. He added that the trial sort appear to liave been made to on the unfortunate Andersen and judge had sat as a jury, and a jury's find out who owned the opium, naturally we are left wondering decision could be described as such. The Court reserved its decision,, (Continued at foot of next column),・ why?

to the International Postal Con vention, which will now render possible the opening of the new postage stamps specially designed for this service.

Three times a day in the future the Italian royal mail bus will call at the Vatican post office to fetch and deliver Vatican mails in specially sealed and labelled bags.