1935-11-22 — Page 7

APPEAL CASE ENDS

Considered Judgment To Be Delivered

Whether the m.v. Afrika or the President Jefferson was to be blamed for the collision which occurred in the Central Fair- way of the Harbour last year was fully argued by Counsels for both parties, when the case was brought to "a conclusion, yester- day.

The hearing before the Full, Godowns. Counsel for the respon- Court of Appea, concerned the up- peal "and cross-appeal brought by the Amer.can mail Line and the East Astatic Co., Ltd., respectively | against the decision of the Chief Justice, Sir Atholl MacGregor.

The case was heard by the Chief Justice, Bir Atholl MacGregor; Mr. Justice A. G. Mossop, Judge of the British Court in Shanghai; „ and Mr. Justice R. E. Lindsell, Palsne Judge, with Capt. R. N. Benson, R.N., and Capt. J. Smith as as- sissors.

Mr. F. C. Jenkin, K.C., and Mr. H. G. Sheldon, instructed by Mr. D. H. Blake, of Messrs. Wilkinson and Grit, appeared for the Ameri- can Mail Line, Mr. Eldon Potter, KC., and Mr. H. C. Macnamara, instructed by Mr. Q. E.,C. Marton, of Messrs. Deacons, are for the East Astatic Co., Ltd.

'THE PREVIOUS DECISION

In his judgment when the case. came up for hearing at the Su- Court H's Lordship, Sir preme Atholl MacGregor had held the President Jefferson responsible for 30 per cent. and the m.v. Afrika 30 per cent, for the collision be tween the two ships in the local harbour towards the end of last!

year.

Mr. H. G. Sheldon, junior coun- sel briefed for the Pres.dent boat, addressed the Court in reply to the points ra'sed by the Counsels for

❘

dents had said that so litle im- portance was attached to this that a launch was sent out by the Godown to the Jefferson when she was entering the harbour, Mr. Sheldon said the sending out of the launch was noe to draw the attent on of the Jewerson to the

flying of the flag but to inform the capta n that he was to anchor At a certain period, that he would probably be g.ven Pier No. 1, and that he was to be careful of the Empress of Canada and the P. and O. Ranchi

THE THIRD POINT

The third point was in regard to the suggest on made by Mr.

had continued her swing to port Macnamara that if the Jefferson

there would have been no collision. Mr. Sheldon contended that if the Jefferson had done so, she would have swung across the bow of the Afrika.

HONG KONG DAILY PRESS, FRIDAY, "NOVEMBER 22, 1935.

"FLOWER DAY”.

Confucian Society Needs Money To Maintain Schools

The Confucian Society, forined rome 27 years ago for the purpose of promoting the doctrines of Confucius and providing free education to the children of the poor and needy, has, through the meagre efforts of its committees. been able to, maintain seventeen free schools, located in various parts of the Colony, and giving education of a total of over 2,000 poor children, and since its forma tion, some 30,000 students Have passed out from its schools.

It has been found for the first time, in its lengthily history of good work, to be at the present, in urgent need of funds for the schools, thus necessitating the devising of means to raise money in order to cope with the pressing situation.

The newly elected Chairman, Mr. Chan Kam Por, and the committee have exerted themselves but their strength

slight and

Was

the

flowers was thought of appealing to the public for donations through the sale of Per- decided upon. mission has been kindly granted by the Hon. Inspector General of Police and the Hon. Secretary for Chinese Affairs.

The sale will be held on Satur Mr. Sheldon next challenged the day and many school girls have three points submitted by Mr. Pot-plunteered their service on that ter concerning the adverse Anding date.. against the Afr.ka by the "Chiet Justice.

He was surprised, he said, to hear the submission that the track of water where the Jer- ferson had dropped her anchor was a fairway. Counsel contended that that was not so, and that the Jeferson had every right to be

there.

As regards the question of

the Afrika on the alleged negli-blame, Mr. Macnamara had only gence of the President Jerson also touched upon the question as to which vessel was to blame for the accident.

MR. SHELDON'S CONTENTION Mr. Sheldon said before dealing with the major issue he wished to argue three minor points which arose in the course of the address . by counsel for the respondents. The Arst point was in regard to the allegations that Capt. Lustey, master of the President Jefferson, was shaping is evidence for the purpose of fighting for his ship and to meet his own case, Coun- sel sa'd that the Chief Justice had found that this was not the pòsl- tion, and anyone who had seen Capt. Lustey in the witness-box would not hold such a view.

The second point was about the flying of the flag in the Kowloon

"A THIEF TAKES A SWIM

But The Police Has- Other Bath For Him

"

quot.d "authorities concerning sit overtaking others and they had nothing to do with the pre-

sent issue.

Although the Afrika haď been adjudged to be negligent, Mr. Mac- namara had contended that the Jefferson was entirely to be blamed for it was she who was primarily responsible for the collision. Mr. Sheldon before closing submitted that the Atriks was the overtaking ship and as such should have kept a suficiently good look-out of the movements of the Jefferson. Her falling to do ao rendered her to blame and he therefore asked the Court to find the Jefferson entirely blameless and to hold the Afrika responsible for, the accident.

The case was concluded at this stag and the Court said that a considered judgment would be de-

vered in due course.

It is expected that the Hong Kong public, which has all along been known to be exceptionally kind-hearted and generous, Will donate freely to such a worthy cause.

'Apart from the flower sale. cheques made payable to the Con- fucian Society and crossed will also be accepted with thanks, The address of the Society is at 124. Hollywood Road.

£7500 OFFERED

FOR A STAMP

But Owner Still.

Wants More.

To-day's auction of postage stamps at Harmer, Rooke and Co.'s sale-room in Arundel Street had worked up to a tense climax when the auctioneer reached "Lot 26," which was the famous type-set one cent British Guiana of 1856, philately's rarest treasure. This lot almost speaks for itself, said the auctioneer. It is the only known copy. and the only stamp to reach a price of £7,500. Its

BENEFIT CIRCUS pedigree from 1876 to the present

PERFORMANCE -

For St. John Ambulance Associa- tion's Funds

time is known. The purchaser of this stamp will receive world-wide fame. Excitement mounted as the bidding advanced from £3,500 by £250 stages to £7,500, offered by Mr. P.L Pëmberton, who has a kind of family interest in the stamp, for his father, Mr. E. L. Pemberton, was called upon to value it away back in 1876. He Before Mr. W. Schofield at the

did not get the world's most cost- Central Magistracy yesterday, an Mr. Harmston, proprietor afly piece of paper, however, even unemployed man, Kwok Kwong-Harmston's Circus has promised to a £7,500, for the auctioneer an- nounced .with cool deliberation ki, was charged with having, with give a matinee performance, to- another not. in custody, stolen amorrow. Part of the proceeds will that the reserve price had not purse containing $48.50.

be given towards the expenses of been reached, and the stamp the New Territories Medical Bene- would be withdrawn. This his-

Admitting the charge, defendant

A MUSICAL TREAT

Grand Concert At Helena May Institute

au-

ADM. FREDERIC

DREYER

To Be Relieved By Sir Chas. Little

A programinę interspersed with Special Air Mall Services

London. Oct. 30, songs and music was thorougny enjoyed by an appreciative

According to programme, H.MS. dense at a concert held yesterday Kent. Captain I. B. B. Towar evening at the Helena May In DS.C., which has been on a visit st.tute. The arists, one and all. to Chinwängtso, is expected to contributed much to the enjoy- | spend the next three weeks at Wel- ment of the evening and many of hat-wel, where she arrived last the songs rendered were delight Tuesday, accompanied by the sloop fully blended. The piano polos Falmouth. She may visit Shang- too, were very much appreciated: hai for a week from November 18 in other words, it was a first rate to 23. returning thence to Hon entertainment.

Kong. Admiral Sir Frederic Drey- er, whose Bag files, in the Kent. will be relieved by Vice-Admiral Sir Charles Little as Commander In-Chief in January.

The programme opened with baritone solos rendered by th: Rev. H. W. Baines. He gave the audience two songs entitled "Silent Night and "Yarmouth Fair" which were well received.

Mr. Lindsay A. Lafford with his characteristic skill on the plan offered a Prelude and Fugue in G. major (No. XV of the 48) Bach and the Choral Preludes of

(a) Nun Komn den Helden Heliand (Bach)

(b), Wachet Aufruft unddle Stimme (Busoni).

MRS. D. J. VALENTINE

The cruiser Capetown, Captain D. A. Bugden, should leave Shang- bal to-day to visit a number of ports in the Yangtae. The Dorset- shire, Captain A, J. L. Murray, D.S.O., OBE, will leave Yokohama on Monday for Kagoshima and Shanghai The sloon Sandwich. Commander R. E F. M. Mackenzie, DEC.. is expected at Takao to-day until next Tuesday, after which she will visit Swatow until Novem- ber 7. Next day she is due af Next we had Mrs. D. J. Valentine | Hong Kong, to remain over Christ- who with her contralto solas on † mas. "Forest Echoes" and "When Shall COMMANDER T, M. NAPIER I Marry Me" fairly rocked the

Commander T. M. Napler, whose house with her renderings. Then appointment to HMS. Drake, de- followed further piano solos by Mr.pot-ship of the Devonport Com- Lindsay A. Lafford who showed mand, taxes effect from Monday, that he is a planist of no mean is the son of the late Vice-Admiral repute. His renditions of "Three Sir Trevyiyan Napier, who died in Pieces" (by Balfour Gardiner), and 1920 while serving as Commander- Shepherd's Hay" (by Percy m-Chief, America and West Indies Grainget) kept the audience in station. Commander Napier com- abated silence and when the last pieted 20 years naval service last note had left the piano he was January, having entered Osborne vociferously encored.

in 1915. He was a midshipman of the battleship Orion, Grand Fleet, during the last year of the War.

COMMANDER EGERTON PRIZE

The Commander Egerton Meino- rial Prize for 1935 has been award- ea to Lieutenant F. R. Twiss, R.N.. who on completing his specialiat (G) course has been appointed to

TRADITIONAL SONGS The last item on the programme was "Songs In A Farmhouse" in which a cycle of traditional songs were offered. The singers in this Item showed that they are well Versed in producing the best and harmonising effect... Mrs. M. I. de Viile ably accompanied on the plano. Those taking part were vociferously applauded.

The following were the singers in their respective roles with the sequence of songs.

Mrs. D. M. Richards (Soprano), Mr. D. M. Richards Tenor), Mry D. J. Valentine (Contralto) and Rev. H. W. Baines (Barkone).

(1) Bass Solo and Chorus "The Peacher"

(2) Quartette "It was a lover and his lass"

MS. Nelson from October 28, He entered Dartmouth College as acade in January,, 1924.

LOWER DECK ADVANCEMENT

Their Lordships have decided that, as a temporary measure, the rule for men to be examined for

leading seamen and petty officer by a squadron examination board may be waived in certain circum; stances." The "new order, states

that on certain stations it may not be possible to convenc à squadron board until a considerable time (3) Soprano Solo "The banks of bas elapsed since the date on Allan Water

(4) Tenor solo and "Drink to me only with eyes*

which a candidate's application for Chorus examination was forwarded by his thine commanding officer. Should this period exceed three months he is (5) Contralto Bolo "Early Oneig be examined by the officers of Morning"

his own ship in place of a squadron board.

(6) Quartette "The Ash Grove?

(7) Tenor Bok and Chorus "John Peel"

A SERIOUS OFFENCE

USE OF NAVAL AIRCRAFT. The attention of the Admiralty bas been drawn to the lack of en- tries and falling off in the quality of the essays submitted in recent competitions for the Henry Leigh Carlake Prize for naval observers. The prize (a silver medal and money for the purchase of books or instruments) is offered annually for the best essay on the work and

Preventing A Witness development of the Fleet Air Armri

To Give Evidence

Their Lordships attach great im- portance to the study of the broad- er aspects of Fleet Air Arm duties. and hope that naval observers will show greater interest In this mat-

was sentenced to six months' hard: Yolent Branch of the Organisation toric auction scene had something Luk, of 1092 Canton Road, to make ter the subject for the 1938 essay

turn

labour and was also ordered to re- j

to the complainant, the money or in default to serve an additional term of six weeks.

Allen

of St. John Ambulance Brigade of the atmosphere of a which is in urgent need of funds, studio, as it was carried out un- if it is to continue Its humanitar-der the glare of cine lamps, and in a dramatic silence, punctuated ian work amongst the slek poor.

only by the staccato voice of the auctioneer.

It is sincerely hoped that sup porters of St. John Ambulance will rally, to the call, and not only gve their patronage to, but re- the same for this special prosecuted. Herve

DIVES INTO HARBOUR The complainint was Wong Duk, a Sanitary coolle. Detective Ser- geant Fetches

stated that the complainant re- performance, and while enjoying aided in the Sanitary coolte quar- the afternoon's entertainment, will

EUROPEAN LAD INJURED

A charge of intimidating Yuen

him refrain from giving evidence

MORNING

FROCKS & SUITS

In the Woollencrepes, Tweeds, Angora mixtures, etc.

SMEDLEY

VIOLA DIMMET

(HOLLYWOOD)

DEBENHAM

ETC.

Ladies' Salon

TEL. 28151.

MEZZANINE FLOOR.

LANE, CRAWFORD, LTD.

E

RF

UME

THE Preferred GIFT

THERE'S A SCENT FOR EVERY TYPE, A PRICE FOR EVERY PURSE, AND A CONTAINER FOR EVERY PURPOSE A SPECIAL SELECTION AT OUR PERFUME, DEPARTMENT MAKES IT POSSIBLE TO BUY THE PERFECT GIFT FOR EVERY LADY ON YOUR LIST, AND DO YOUR SHOPPING OPPORTUNITY THIS YEAR}

Sole Agents for

FAMOUS DOROTHY GRAY PREPARATIONS

China Emporium

LTD.

against Leung Fuk charged with The navel operations required to GAR larceny from the person, was pre- | fuifl the functions of the Navy, as ferred against Leung Kam Tal a defined in the Naval War Manual, 28 year old unemployed before Mr. paragraph 17, fall generally under F1 Wynne-Jones at the Kowloon two main headings:- Magistracy yesterday. In passing (a) The operations of the main sentence of six months hard la-feet in providing cover for the bour on the defendant, the Magis- control of sea communications. trate said that he must impress b) The operations of the forces upon the public on the seriousness which exercise the control of zea of the offence and he hoped that communications and ensure the

tera at Wanchai, and for the past have the satisfaction of knowing Knocked Down By Motor Car the case before him would be an security of bedes ten years he used to leave his that they are contributing indir- quarters at 4.30 a.m. every day and ectly to the Association's financial

good social service relieving suf fering and distress,

There ar: Beats priced at $2.20

go to Tin Hau Temple Road to resources as well as asslating a sweep the road. On Wednesday morning, he left the quartera at the usual time, carrying with him a purse containing the money, which, represented his savings for several years, tied to a girdia. About 5.30 am. he was bending

including tax: $1.00: 50 cents: and, 30 cents (Pins Tax),

Donald, met with an unfortunate A European lad, Wam Mac

accident on Tuesday last at about p.m. as the result of which he is admitted to the Kowkcor Hos pital suffering from shock.

example to others. ** Discuss the part which can be For the prosecution Detective played by aircraft in the opera- complainant was walking along tions with regard to the avallabt- Sergt. Headridge said that the tions in tb) above. All assump- Reclamation Street near Kansu Uty and employment of shore- Street after the court, when he based aircraft and flying boats was met by the defendant who took should be specifically stated. him by the shoulder and said, For the 1936 competition only. The accident occurred at

theYou better not prosecute my bro- essays will be considered if received a basket packing some te-

OTHERS NOT IN CUSTODY

juntion of Nathan Road and Wa

ther or I will stab you." Defend- at the Admiralty by March 31, 1936 tëroo Road where he was riding on fuse, when he was seized from Bergeant Ftches continuing, salda push bicycle and at the

ant then displayed an iron hook

PENSION AWARDS time behind by a man, while he alleged that the defendant told the Police accompanied by a friend name plainant ran back to the police ginald Boud has been awarded a

tucked in his girdle, The com

Surgeon Vice-Admiral Bir Re- the defendant snatched the purse 1. that h's confederate had suggested Gibson. from his girdļa. The two men to him stealing the complainant's They were opposite the President station and reported the matter. Good Service pension of £100 made off, and the complainant purse, as he had heard that the Apartments, where they found car

It was mentioned by his Worship year, from September 23, in the raised the || alarm. A constable complainant had picked up a large No T235, driven by Mr. M. A

that Leung Fuk had been operated vacancy created by the death of gave chage to the defendant who sum of money recently. There Johnson, of Messrs Dodwell and

on for appendicitis and was pro- Surgeon Vice-Admiral Bir Joseph ran to the waterstont and jumped was no violence alleged in the Co, waiting for the signal to progressing favourably.

Chambers Captain F. E. Massy- into the harbour,” The constable" Anatching,

v ceéd. It appears that young Mace On Tuesday the' complainant. Dawson, retired, fas been awarded got, into a sampan, and with the Enquiries, had bein made con- Donald cut in front of Mr. John- gave evidence in Court against a Naval Pension of £65 8 year, amistance of the sampan people

son's car, and was knocked down. Yun Luk, the latter, however, rendered vacant by the death of Gibson was not hurt as he 'd collapsed during the proceedings Co EL G. Noel, retired, on got the defendant out of the water. The purse was not recovered.

not follow MacDonald.

and had to be taken out of Court. October 7.

cerning the other man, but he could not be traced, although h's name was known to the police:

ww

(GROUND FLOOR)

ALLEN,

REPRESENTED BY THE. JARDINE INEERING

·TED:

FOR

STEEL

ROCK DRILL/