1935-12-05 — Page 7

WOLFRAM

ORE IN PLEDGE

Litigation Between German

Firm And Chinese

for $68,500

from

RELEASE ASKED

X

The "claim

goods were released on Chan pay- Mesars. Bodiker & Co. by the Yinging certain sum of monsý. Wall Company for wrongful con- version was resumed before the Crter Justice, sur Athol, MacGregor, ar the Supreme Court yesterday, "Mr. Leo D'Almada Junr to- gether with Mr. F. C. Jenkin, K. C instructed by Mr. J. T. Prior are for the defence, while Mr. Eldon Potter, K.C., instructed by Mr. E.SC. Brooks, are for the plaintif firm

The case for the plaintia is that the defendants wrongfully con- verted half of the wolfram ore stored in their peace as security for a loan of $97,440, and that they took advantage of the pro- perty, gambled in exchange and put the difference in their pockets. The defence, in its pleadings, contends that the conversion was made in accordance with ax oral agreement, whereby they had. the right to do so.

At the outset of this morning's hearing, the plaintiff called Kong Pe-cheuk, an employee of the National Products Sales Office in Canton, to rebut the defence con: tention that the price of $80 per ̈plcul ́ef wolfram оте cffered to plaintifs by the Yee Kee Hong firm' sometime' in Märch this year was actiilously high.

¦

Several days later, Mr. Bodiker was again asked for the release of the remainder of the goods The plaintiffs. brought the re- mainder of the loan to the of): to redeem the goods, but Mr. Bo- diker told them zhdz. it was of no use as he had already shipped

the ore to Hamburg. A Bugges | tion was then made to Mr. Bodi- ker that he should replace the Dre. but Mr. Bodiker refused, say- Ing that the plaintiffs had know- ledge that he was going to ship the goods to Europe.

Counsel then went on to sub: mit that the defendant company had every right to convert the goods. as it had been verbally agreed between the parties. contended that the refusal of Mr. Bódiker to replace the goods when the suggestion was made to him showed that it was the action of a man who was obviously In the right, because 1f Mr. Bodiker had shipped the goods without the knowledge of the plaintiff), he would have readily jumped at the Idea in order to cover up the alleged irregularity.

Counsel further denied that his *Before going into any arguments, clients had taken advantage of Mr D'Almada, in opening his de- | plainilas property to gamble in fence, sald he would outline, his exchange in order to make a pro- defence as already placed petoren from the lodn. the Court in Mr. Bodiker's ́evid ·

ence.

P

HONG KONG DAILY PRESS, THURSDAY, DECEMBER 5, 1935.

WHERE THE

MONEY GOES

Further Votes For

$34,000 Asked

By Govt.

LEGISLATIVE COUNCIL

A

1

MEETING TO-DAY

meeting

}}

of the Legislative Council will take place to-day when the following bills will be tabled for second-reading--

"A Bill to amend the Volunteer Ordinance, 1933.

HELP FOR BARBERS

Proposed Union For Unemployed Members

The monthly committee meeting of the Chinese General Chamber of Commerce was "be'd at the Chamber's Headquarters yesterday afternoon, when owing to the In disposition of the Chairman, Mr. Wong Kwong Tin, the Vice-Chair- man, Mr.L1 Sbg Kul took the

LOCAL BRANCH

PROPOSAL

Red Cross Meeting For All Nation

A meeting to form a local branch in Hong Kong of the British Red Cross Society for All Kong Australia Music Link Nations was held at the Hang and Social Service Auxiliary rooms. 14 Hart Avenue, Kowloon, yester- day afternoon.

officers

were

The following

President & Organiser: Madame Lottle Gordon.'

Acting Secretary: Miss Dorothy Raven. A

**Acting Treasurers: Mr. §. Moore and Miss Wintired Raven.

Committee: Mrs. David, Mrs. Lee, Guide Lieutenant Jan and Miss L Woo,

chair. He was supported by Mr. Au Char Sum, Hon. Treasurer and 1 Mb 32

Mr. Chan Ping Au. Hon. Secretary. "ABIN to amend the Probates

Other members present were Ordinance, 1897 A B 20

"X Bur to provide for the In-Messrs. Mok Kon Sang. So Chiu. corporation of the Hong Kong Cheung thi Chow. Fung Ching Yue, Lau King Ching. Yeung Shuen Bill to amend the law relato Lau Chuck Ming. Yeung Shu Cheung, Wong Mow Lum, Fung

Junior Red Cross: First ing" to the custody of Infants"

two "A Bill to make better provision Shiu Tong. Kwan Wan Pak, Lam

members were Linkers Miss Nora in this Colony for the granting With Lap. Tang Chi Cheong. Lam Aires and Master Theo Aires. by magistrates of separation and How Mow, Chan Kim Tong, Chin maintenance order to married Chiu Fan, Lau Tuk Wan, Chiu Chan Yue, Chow Sing Chi. Tsans

Travel Association.”

persons.

All to regulate the importa-Fi, Dr. Lee Ping Sum and many representatives of business associa- ion and the removal of said?""

tloris and gullda.·

A meeting will be held at the

circle, on each Tuesday at 5 pm. Link rooms, including the sewing

to render assistance to the British Red Cross, London.

Intending members are kindly Invited to write Madame Lottie Gordon, 14 Hart Avenue, Kowloon, or the Misses Raven, The Bunga- low, North Point.

A Bill to further and protect

The Secretary said that recently. the" activities of The Girl Guldes Association, and to incorporate the Chamber had received a letter the Hong Kong Branch thereof." sent by Mr. Fung Ying Chiu, re- presentative of the local Chinese "A Bill to amend the Ferries Barbers' Association, to the effect Ordinance, 1917."

that owing to trade depression, 1

give help and protection to un- was intended to establish a anion erapicyed barbers. The association ALLEGED SILVER asked for legal advice from the Chamber. After further discussion SMUGGLERS the Committee decided that the petition should be sent to the Secretary of Chinese Affairs for

The Hon. Sir William Edward Leonard Shenton. K. "to-move the second reading of

.

· “A BIKto provide for the in- corporation of the Administrator in Hong Kong of the Catholic

Mission of Macao

FINANCE COMMITTEE

The Firinge Committee will consideration meet to consider the following! votes amounting to 834,150.30.

Colonial Becretary's Office Incidental Expenses. $100.

Provision marle in Estimates

At the conclusion of the meet'ng 1 was announced by the Secretary that during the last few weeks several new members from the-di!. mazufacturer: ferent firms and had applied to the Chamber for membership. The app les-

Owing to the unusual number of letters despatched by air mail passed unanimously by those who the amount provided. In the were present! Estimates has proved insufficient and a supplementary vote for $100 is requested,

The above is to be met from savings under Hansard Reports.

Continuing Mr. D'Almada sala that there were one or two core Since 1920, Messrs. Bodiker and i facts which he would like to, bring Company half been established to the notice of His Lrdship. The $1,400.

* both in Cantor and Hong Kong. ↑ first: was the one concerning those They had been dealing in wolfram portions of Mr Bodiker's letters ore, and Mr. Bod.ker, the proprie where he had succeeded in per- tor, had known Chan Ham-on: oge stading Ying Wah to ship. There of the partners of the plaintin was one 'small point in which the firm, for some time previously to plaintiff's counsel had suggested the present transaction.

regarding the gambling in ex- On January 29 this year. Chap change. If that was the case they Ham-on met Chan Pui-she, an em- had four or five days in which to ployee of the defendant frm into so when Ying Wah had pledged Canton and asked him if it were the goods to them. The fact that possib'e to raise some moneying Wah could at ary time de against 100 tons of wolfram ore as mand the goods from Messrs. Bo- he was in need of ready cash owing ❘ d'ker did not make it possible" to to the approach of Chinese New gamble in exchange. Year. Pul-stie said it could be ar- ranged, and together they went to the office of Messrs. Bod'ker where an agreement was put through.

AGREEMENT SIGNED

The

Mr. D'Almada" then went into the question of law and argued at length and quoted various au- thorities regarding conversion which in this case it did not exist.

PRICE TOO HIGH

Mr. H. Rode, export manager of Mesars. Blemessen of Canton stat-

Public Works Recurrent:-Hong Kong" Typhoon, "and Rainstorm" damages-Item 1 Typhoon and Rainstorm damages $13,600,

“GREAT ASIA SPIRIT

}

Reduction Of Bail Not Granted

At the Central Magistracy yes- terday, Mr. P. H. Sin made an un- successful application to Mr. W. Schofeld for the reduction of ball of $1,000 on behalf of one of the two men, Wong Kan Yuen, anem- ployed, and Tse Chung Kuen, shop fokl, who figured as the defen- dants in the case in, which they had pleaded guilty to three charges of exporting 833 pounds of silver bullion from the Colony on the Fukujin Maru for Formosa; ex- porting. 12,945 silver dollars and cargo, namely, six cases of fish and sil- ver, one basket of fruit and silver and a package of silver.

Provision made In Estimates Bad Blood Now At exporting unmanifested

$15,000.

Rainstorms during June. July and Beptember, 1935, caused con- siderable damage to roads, water works and drainage systems of the Colony.

A sum of $13,600 In addition to the amount provided in the Estimates is required to meet the cost of repairs and a supple- mentary vote to requested accord-

ed in the witness box that he, hadingly... been in the wolfram ore business Prisons Department: Subsis- for the last 10 years and was with tence of Prisoners' $19,000.

The Provision made his present firm since 1930.

there

Estimates

Its Worst Stage

Shanghai, Nov. 30. Both Japan and China are to blame for the bad state of their mutual relations in the opinion of Gen. Iwane Matsui, a reserve off- cer in the Japanese Army.

The Magistrate granted to the second defendant, Tse Chung Kuen, a reduction of his ball to $500.

SHIP MAY NOT RETURN In support to his application. Mr. Bin told-His Worship that the large quantity of silver in the hands of the prosecution was suffi- cient to ensure the defendants' appearance at Court.

The following day, the agTCÉ- ment, which was in writing, was signed, and in the afternoon of the same day, Mr. Bodiker had a

Addressing newspaper reporters discussion by telephone with his

at the Town Yoko Hotel on Boone Road at 11 o'clock yesterday morn- Hong Kong manager. Mr. Soltau. as a result of which they came

Ing. Gen. Matsut declared that to the conclusion that it would be

Japan, by following in the foot-

Revenue Office A. W. Grimmitt a good idea if half of the ore overage price per picul for wol$210,000.

steps of the nations of the west, who was present in Court yester- fram ore during the middle of The dally shipped could be

abroad.

average number of gave the Chinese people the day on behalf of the prosecution, March was round about $67. A prisoners admitted up to the end pression that Japan, ke the said that he had been instructed reasons for this were that

that time he made several pur- of October, 1935. WLS 1790 afoat had a better chance of

western nations, Wis an Im- by the Superintendent of Importa selling and that by so doing it chases and witness did not think compared with ri14 in 1832; 1472 perialistic power."

In 1933 and 1510 in 1934, and in

and Exports to strongly oppose to would enable the defendant com that prices would have gone up as

"This" he added, "caused the the reduction of ball for the first pany to reduce their overdraft high as $80 in March. There was consequence of this unforeseen chinese to misunderstand the defendant. They would not object with the Hong Kong and Shang-no rise in prices from the end of increase in numbers, it is anticl- Japanese spirit."

but January to February.

to a slight reduction for the pated that, a further sum of China's so-called revolutionary 818,000 will be required, this year, diplomacy was also responsible for Grimmitt farther stated that the second accused Revenue Omcer to meet additional expenditure the bad blood" existing between Fukujin Maru had sailed on Tues under this sub-bead. A supple- the two nations, which in General day before the Harbour Office au- mentary vote for this amount is Matsu's opinion, is now "at its thorities could board her to serve accordingly requested.

worst! stage, according to the

asummons on the captain. "The Supreme Court:-Fees to Counghanghai-Mainichi sel and Solicitors

Prisoners

"Japan, however, has awakened ship might return, sald R. O. $50.

Grimmitt, but under the circum- since the Manchurian Incident Provision

stances he did not think it likely. Estimates

and we are now making efforts to $2,000...

His:Worship remanded the case revive the Asiatic races by count to-day fixing bail as men- Legal assistance to prisoners operating with our neighbouring toned has been assigned in more cases nation," he added. Mr. H. Schneider of Messrs. Jeb-than was anticipated and it is that European sen & Co, Canton, stated that he estimated that a further sum of here on Wednesday from Tsingtao analysis and weight should pirshad been with the firm since 1926. $50 will be required to cover ad- after a tour of North China, said

hai' 'Bank

After this conversation. Mr. was a slow decline. Bodiker instructed his employee ! Cross-examined by Mr. Potter to get in touch with Mr. Chan witness said that at the end o" Ham-on and place the proposal January price was as high as $70 before him. On the morning of but could not remember the exac* January 31, the employee met gure. He could not say whether Chan Ham-on in a teahouse in $81.50 paid for the 50 tons of or not, Tha Canton and put the proposition was a good price or before him. Chan said he would price as far as he could recolect consider it and later in the same was a high price in February. day he went and saw Mr. Bodi. ker. He agreed to the proposal

on condition that the shipment be" prompt and

valk

MONOPOLY PRICE

His firm dealt in wolfram ore in

for

made

In

ditional expenditure on this sub-

1

General Matsui, who arrived

his visit was for the "purpose of

WE

BOARD OF EDUCATION

The 100th Meeting of the Board

"I met 50 to 60 prominent Chi-day, 3rd December, 1935, at 4.15 nese, a number of whom were in

"

!by"!!" * ' !, Members present were:-

sympathy with our views," he con- p.m. tinued

+

On February 18, two cheques in 1928-27-28 and then from 1931 to head up to the end at the year propagating the Great Asia spirit," | of Educatioir/was held on "Tues“ | connection with the loan were the present time. Sometime in handed over to Chan, On the March his firm bought 50 tons at 4 supplementary vote for this

day the $73 from Ying Fat Loong. Wit- amount is requested.. afternoon of the same

Medical Department: -Repairs ore was shipped to Hong Kong ness did not know until after the on the sa, Sal On, accompanied contract was made that this lot to Disinfecting and Fumigating by a foki of plaintiff firm, named was in the hands of Messrs: Bodi- Plant $1,000. Hon Wai-man. He was met on ker. However during that time he Provision made by Supplement arrival by a clerk of Messrs. Bo-made other purchases which var-

Owing to delay on the part of diker and Co., Au Shiu-ting. The led from 10 taas to 50 tots: The

the contractors in carrying out ship arrived at 10.30 p.m. and Au lowest price he paid was $58 per

Install was $73 their, contract to asked Hom which lot

for picul and the highest

electric Eghting planton shipment and which storage per pical which he paid on two oc Hon repled that fots four and casions--He considered $80 per "Aldecoa" the cost 182,325)

Was

ary $12,000.

Director of Education-Mr. G. R. Bayer, BA (Chairman). +

Inspector of English Schools Mr. A. O. Brawni

According to the general's plan, a Great Asia Society should be formed in China independently of that now existing in Japan: "Both

Inspector of Vernacular Schools groups should then seek points on Mr. V. P. Law, BA to N which they agree and co-operate A el Arcaill, Rev. Fr. G. on those issues." alta vodyme, 8.3 PhD, MH BL was Cien Matoul will leave Shanghai Dowbiggin, OBE, Sir WW

the

Diva were for shipment and Au picul at that time was a hign met, from funds voted during the to-day by the NYK. liner. Chalch Hornell, KE CLES MA-ILD.;}

current year and $2,472 of funds voted in 1934 lapsed.

the

then made arrangement for the price. goods to be stored in the China In answer to Mr. Potter's ques

A revote of $1,000 is now Provident godowns, Mr. Soltau, tions, witness stated that the

later Monopoly price in March was $80quested to meet requirements on the Hong Kong' manager, went on board the Sat On to. ex per plicul. He offered to buy from this sub-head tall the end of the amine the bags and found that the Monopoly at $73 but his offer year. they were not sufficiently well was refused. After his offer was packed for shipment to Europe. declined he subsequently bought savings He opened severa? of them in or-50 tons from the plaintiff at $73 Patients. der to ascertain if the bags ad per picul AH tually contained wolframore.

Chan Po Chee, clerk employed -On March 7 Chan Ham-on call- by Messrs. Bodiker for the last ed on Mr. Bodiker and said that 10 years gave evidence regarding he had arranged for the sale of the outcome of the pledge and 50 tons of the ore to Messrs Jebatter: further evidence was given. sen and Co. at $73 per picul. The the case was adjourned.

bu Maru to return to Japan. He Captain C.WP. Kimm, AEC, said he expected to visit China Mr. Taz Fong, Rev. CB. R re-again next spring.

Sargent, Hon Mr. S. W. {{TRO, C.BE LLD. Mr J. Ralston, MA

Secretary,

and thi The above is to be met from provided, it is estimated that a The Minutes of the 99th Meet- under Provision for further sum of $400 will be reing which had been netreulsted, quired to cover expenditure on and approved were brought up of this sub-head to the end of the and confirmed, were waiting, et year. A supplementary vote for The Board, concluded its consi- this amount la, therefore, request deration of the "Report of Educź - edn, narin aination in Hong Kong by Ed Burney, Owing to an increase in the The above is to be met from this report having "atrgady number of prisoners and witnesses sayings under Rations for Indian been before the Board, az its-three for whord meals have had to be Pollice.

MURCIANERA previous meetings

Follee Force:-Subsistence Prisoners 2400,

Provision made in Estimates $3,500, na kate

7.

DISTINCTIVE FOOTWEAR

for 1936

ebiy

·EXCLUSIVE · MODELS & STYLES

AND INDIVIDUALITY OF CRAFTMANSHIP MAKE

MANFIELD SHOES

DISTINCTIVE AND DIFFERENT

MEN'S DEPARTMENT

LANE, CRAWFORD, LTD.

în nola is TAMIL E

HONG KONG AMATEUR DRAMATIC CLUB

PRESENTS

A PLAY IN THREE ACTS

BY

RONALD MACKENZIE

CHINA

i" 「,!",· *

FLEET

CLUB THEATRE

DECEMBER 18th, 19th, 20th & 21st at 9.15 p.m..

BOOKING AT ANDERSON'S.

الرحمة

TRUCULENT TAILPIECES

by

NO QUARTER

AN AMUSING BOOKLET CONTAINING EXTRACTS TROM "STRAIGHT FROM THE SHOULDER REPRINTED-TROM-HONGKONG-DAILY, PRESS"

ASURE SPECIFIC

DESPONDENCY

PRICE

& DYSPEPSIA

-81.00-1

NOW ON SALE

KATEUN MIRAint of 6.

HONGKONG DAILY PRESS OFFICH

ALL BOOK STORES.