1935-12-11 — Page 12

Dd. Pref. S

$1,350

Judgment in Favour

Of Plaintiffs

Judgment was delivered by Sit Atholl MacGregor at the Supreme Court. yesterday in the claim made by the Ying Wah Co, for '$88,500 against Messrs. Bodiker for wrong-

In conversion of security placed in their hands against a loan of 597.440.

New York-London Cotton, May

Rubber, December Chicago Wheat, May Corn, May

Anaconda Copper

S. E. Levy & Co.

7. TÜR. HÜCHE STREET

INFRITMEST BANKANS 4. BROKERA

NEW YORK COTTON HIGHANGE

COMMODITT EXCHANGE, INC. B.Y.

CHICAGO BOARD OF TRADE

CANADIAN COMMODITT EXCHANGE, INC,

12

DAILY SHARE QUOTATIONS

Hong Kong Stock

Bayern Beilers

Exchange

$1,340/50

1983

£13

£13

$70

TUESDAY, DEU. 10.

Banks

H.K. Banka

Inarebrokers Association

Bo. (London) |

Chartered Banks ...

Alercantile Bks. “A”

Do.

"U"

Kaye, eller

Bank of East Asia... #70

N, C. & S. Barks

2011:173

器

$29

213

Ant. O, Fin.Corp:

Ch. Fin. Corp. ord. B.

Insperazone

Canton InsILIAUGOS,

1200

$946

Underwriters

$1.10

8 ots

585/67

Union Insurances .......

China Fire

3480

3945

H.K. Fires

#300

|

International Assos, 8.

น

Shipping

€36

Douglases $35

Steamboats

$30

indos (pret)

$11

Do.

81/3

Shells

Waterbosta

I 81,3 512

$12

Mining

$1.20

Antamoks...........................

$1.10

c.d

$17

Balatcos *****

29 ct

$151

Benguet Consolidated $14

Baguio Gold 15jota.

Do

Do

8 ots

Big Wedge.enate

....

cts. Buts.

30 gta,

Gold Creek.....

United Paracales...23 eta,

16 at

Salacot Mining...... 14ote.

30 cts. Ipo Mining...........

38jot. Itogons

11/3

$13

Langkala (slogie) d.

Explorations.esse de

HONG KONG DAILY PRESS, WEDNESDAY, DECEMBER 11, 1935.

WOLFRAM ORE CASE ENDS

NEW

YORK STOCK AND COMMODITY "QUOTATIONS

(Through Renter's Agency)

Last

December, 10 Close Open 10.30 10.45

KEKBIAS:

493 493

11.35

11.32 11.33

13.26

13.20 19.20.

95

051

50%

59

STOCKS

30

20

291

15+

15

151

501 55+ 551

55+

131.

134 13

131

COREMSPONDENTS FOR

401

391 291 291

·401 401

401

291

WHITE, WELD & CO., NEW TOXI

481 "471 471 471

$39.39

********

$1.35

$1.40

11 ota

Exploration 9 ot. Goldnekd

7. Wold Bive!...........

14"

1871

སྒྱུརཎྜ།

180

$450

430

11/-

$10

$34

$4

*H

T

F+

32}

Shanghai LOBO J.

Kands.......$8.40

Venezuela Gold Fidu.

Ducks, Wharves,

Godowas, she.

H.K. & K. Whiarvus.

Providents (old #1.30

Du

H.A. W. Locks

S. Cujus Motors' A

"Do.

(old) 201 (new)

TER

$85

1.30/1.35

(NOW)...

10 at■.

372

Du. Shanghai Docks S.

***

$10

A

New EngineeraysB.

$237||| Hongkow

Lands, Hotels, and

Buildings

H.. Hotels! MLA AMMU

Do. 4% Dubentures Okaugusi Lauda.......D. Metropolitan Landa..

10 dumphreys.

Asin Healting "A"N!!

10.

Cotton Mi

Mr. Eldon Potter, KC., instruct- ed by Mr. ES C. Brooka, of Messrs. Hastings and Company. appeared for the plaintiff, and Mr. F. C. Jenkin, K.C., and Mr. Leo D'Almada Jnr., instructed by Mr. J. T. Prior, of Messrs. Wilkinso-1 and Grist, "were for the defen- darts.

An application by the defence fer stay of execution, pending A possible appeal, was granted.

"In the course of * considereu judgment His Lordship said: —

Five matters have particularly Inquenced my judgment, on this point.

13

Mr. Bodiker in spite of his de- clared trust in Chon Ham-on with Thani ho was negotiating, was

reduc prudent enough, to

into writing the agreement of January E' and thereafter to get from Chan Ham-on 11. written receipt and a written isk note to cover the transit of the ore from. Can- ton te Hong Kong, yet on January

he negrets the elementare pre caution of putting the new agres- ment in Prirlig, though on Jan uary 30 in a letter to Mr. Soltau in Hong Kong, he writes this of his trusted colleague: "Un'ertun". ately this man is rather suspicious and we may have to put up 3. fight with him." In passing

would mention that it is clear from the letters from Canton to the Hong Kong branch of defendent Arm, that on January 30 Bodiker had determined to

tons ship 50 for, he writes in his letter No. 177. "we should say you have to da this (cpening each bag) with 50 tons at once because we ship this lot meanwhile." If that was the position on January 30 It is little difficult to appreciate why the necessary provision for ship- nient was not made in the original agreement.

THE LETTERS

El. Bond and Share General Motors Int. Tel. and Tal Montgomery Ward NY. Central US. Steel

New York Stock Exchange Quotations appear on Page 2-

MONTHLY WATER

RETURN

Level and Storage of water in Reservoirs on December 1, 1935.

Tytam

ISLAND WATER WORKS

1934

1935

Contents in

Contents

in

Reservoir

372.20

Tytam Byewush

20° 4′′

Tytam Intermediate Tytam Tuk

Level

8' 4" 1,220.68 9 8

15' 8"

10' 4"

9' 0" 9' 11"

12.43 18′ 10% 43.58 6' 0" 130.20 4' 0% 71.48 3' 2"

Below Millions Below Millions Over-

of Over- of flow Gallons How Gallons

1' 8"

5' 8" 337.14 2.33 166.85 1,180.34 10.74 $2,90 153.09 94.80

•

258 20" 11" 195.90 5* 5*

Total Storage"..........

2,049.05

1,997.99

Wong Nel Chong

Pokfulam ....ka

Aberdeen Upper Aberdeen Lower

ין

Consumption of water in the City and Hill District in millions of gallons during the month of November.?

1934

Consumption

339.10%

Estimated population

390,500

Consumption per head per day 28.9

1935 313.93 Million gallons 426,800 24.5 Gallons

§ Includes 57.52 M.G. from Mainland.

+

{

* Includes 57.41 M.G. supplied, from Mainland.

Secondry. In spite of the half- hearted explanations offered by w'tnesses for the defence, I can- not read into the defendants' cor- respondence with the Bank any thing but a categorical statement

to the Hong Kong Bank that the

November 1934-From 1st to 14th Constant supply. in all dis- tricts. From 15th to 30th a 15 hours supply (6 am.-9 p.m.) was given to all districts.

J

November 1935-A 15 hours supply (6 2m-9 p.m.) was given to all districts during the whole month.

Additional amount supplied to Island Villages during the month of November 11.87 million gallons.

Kowloon Main

Shek L1 Pul

MAINLAND WATER WORKS

$5,35

$36

$100

$98

$20

BIG

501

*

14

Chuan Doan, de

Do. Debentures,

New Asia Hotel

***

1934

586

Chinese Estates.............

$50

EWOO ..........S.

Kowloon Byewash

176

Duni Cutivos(ulů;3.)

Level 352.50

3' 0" 1' 2"

$75

ilu. **

$43

(news.

Jubilee

$43

---

$12

Looug Bitsignuð.

$11

$25

Wing Un 1xtiles{1}.)

***

On any rational interpretation

Shing Mun Reception

8*7*..

1935 Level 352.50 172.28 11 11" "141.10 111,34 0° "10%

112.08 136

88.52 12.89 Level 33.15

Public Utilities

* J14.05]

$14.50

Do.

(110W)...

of the English language the let- ters are capable of no other con- struction. If the plaintifs had by that time agreed to

!

Total Storage

648.73

707.95

Star Ferrick

$87

$17

Yaumati Ferries

$18

$10.90

บ

China Lighte........

$10.90

$13

$49

H.K. Electrics ".......

1891

$20

Macao do.

12.10

Sandakan laghts .......

1261

$01

toja 20/8

385t

Cranways

Peak Trains (old) mai

$8.40

Tojopuonies (pla) ... (NOW)...

Unida Buses 8.

Traction

Do. (pre)....

Industrials Malabon Sugaru

$194 Caldbeck, (oru) a

Super $4,85

38 133136 ཨྰཿབྷga ཿཀྰ་ཨྰཿཀྰ༔བཻ11:|: 11

c d

31.70

意

$13

Macgregorsprat.¡8

$1.60.

Canton Joas

$61

Cementar

***

$42

Blisonilanoom

$10

Dairy Farma...

$18|| $19.10

Amusements *****

13.48

Ch. Lainment......

13

$24

- Lustractions, (old)

Do.

$2

(now)

40 ole

Lane Crawforum...

+38

$35

Binceres

$1.95

Watsons

$2

M

11.35

Greyhouse

Macintosha

Nanyang Tobacco...

70 ot. Wm. Powails

917. UL.G.5419250.98d 91X

H.K. Govt, 4% Loan

Wallace Harper

B.K. Wing On

де

Dar,

$4

255

AUSTRALIANS IN SOUTH AFRICA

Do.

Do. Vibre Pilcag

ore was the property of defen- ants.

יי

shipment

through defendants there would appear to be no reason why defen- dant should not have put the post- tion frankly before the Bank and got the plaintiffs' written consent to the banking transactions which accompanied shipment.

Thirdly, I come to the letters from Messrs. Hastings and Cont pany which to me at least are very luminating.

On March 14 Messrs. Hastings and Company wrote to Mr. Boltaa

in Hong Kong informing him that

the 1,000, bags of ore shipped 1

defen. month previously and as

dants alleged, with the full con- currence of the plaintifs, were

Consumption of water in Kowloon and New Kowloon in mil- Hons of gallons during the month of November,

Consumption

1934

198.39

334.450

1935

202.29 Million gallons 348,250

19.4

Estimated population Cunsumption per head per day 19.8

Gallons Additional amount supplied to Latchikok Water Boat Dock during the month of November 7.00 million gallons.

November 1934-Constant supply in all districts during the whole month

November 1935-A 15 hours supply (6 am.-9 p.m.) was given to all districts during the whole month.

The reports of the Government Bactericlogist and. · Analyst shew that the quality of the water is satisfactory.

Total rainfall recorded by Royal Observatory from 1.1.34 to 30.11.34; 97.130; and from 11.35 to 30.11.35; 70.280.

PROTECTION FOR RUMANIAN PARLIAMENT

JAPANESE

Police. Reassure Members Of Local· Street Unions

DISORDER

Deputy Slaps Member

Special to the "Hong Kong Daily Press").

is Telegraph, Copyright, Tela graphic Meragez Ordinance, 1894. Received, December 10., 4.30 p.m.)

Bucharest, Dec. 10. Tumultuous scen occurred in Shanghai, Dec 8.

the Rumanian Parliament A close watch over anti-Japa- Monday during the debate on the nese activities in the International speech from the Throne. Deputy Settlement will be maintained by Janculescu of the Goga Party. 'the Shanghai Municipal Police, slapped the face of the National Major K. M. Bourne, Acting Com- Zaranist member, Dobrescu.”when missioner, informed representa- the latter tried to interrupt the tives of the Amalgamated Japa-leader of the right coalition, nese Street Unions in an interview | Octavian. Goga, and one of the at police head-quarters on Wed- Goga adherents started & battle nesday morning, the local Japa- of fisticuffs with the National Zaranist leader, Lupu, ŝo that the nese press reports,

session bad to be interrupted the sense of security of Japanese several times before order cesidents, the S.M.P. also are pre-restored and Gogs continued his

address in which he severely.. pared to send either Mr. A. Tajima,

Commissioner, or

criticised the parliamentary polley, Deputy

with particularly Sh geru Uyehara, Assistant Com-

National Zaranists- missioner, to confer with AJ.S.U.

Transocaan Kuo Min officals on what steps the latter hold desirable in creating that feeling, Major Bourne declared.

In an effort further

to assure

Mr.

Mr. Yukichi Hayashi, Mr. M- karu Kondo, and Mr. Gyozo Mi- mura, all members of the standing committee of the AJS.U, repre- sented the organization, at the meeting. Mr. Uyehara and Mr. T. Robertson, Assistant Commissioner, officials in the special office also were present.

Major Bourne informed the A.J.S.U. representatives that the police were continuing thair, In- vestigation into the attack ΟΠ Hibino Yoko, the Japadese por- celain store in Nanklag Road, on Armistice Day.

during

This

demonstration, which a display Window Dane and several pieces of china were broken, is regarded by the S.M.P. as an anti-Japanese outbreak rely- ing mostly on the distribution of handbuils for effect.

respect

SPECIAL CABINET MEETING CALLED

was

to

Laridon, Dec. 9."- A special Cabinet meeting has been called to consider the Anglo- French peace proposals. It met in the Prime Minister's room in the House of Commons at 8 pm, and dispersed at 9.15 p.

The Cabinet 18 believed to have endorsed the result of the Paris conversations between M. Laval and 'Sir Samuel Hoare.

Later.

After the meeting of the Cabinet to consider the Hoare-Lavai agres- mens, no officia confirmation or denial was obta.nable regarding the accuracy or otherwise of the reported terms of the formula.

It was emphas.sed that the po- licy of the British Government had not changed and that any settla The police, Major Bourne said, ment must be accepted by the were carrying on their inquiry thres parties to the dispute, Italy, paying special attention to stu- | Ethiopia and the League of Na- dint activities.

tions.

Bir Samuel Hoare, Mr. Walter Runciman and Sir Bolton Eyres Monsell were

absent from,

Close co-operation was being maintained with the Greater Shanghai municipal authorities in "checking on anti-Japanese move-

ments, he said..

the

WITH SCEPTICISM

the subject of a provisional agrée-an have sworn that after send- tons of wolfram ore which they NEGOTIATIONS TREATED ment for sale, and asking that the ing this letter to intending purchaser might have they raised the inspection, next day.

sum

the defendant shipped to Hamburg and

of $32,000 plaintins are entitled to damages from three banks in Canton and for such conversion. took this sum together with" $10,-. 000 of their own to Mr. Bodikor on March 20.

TENDER WAS MADE

If defendants story is a true one $3.20 such a letter was sheerly fantastic and would, one would have ima- B Emme- 56 ots gined, have produced

In confirmation of their story diate and curt reply. No answer was in fact sent. Mr. Soltau has they have produced their cash explained that by stating that re book, alfps and counterfolis show- at once telephoned to Bodiker in ing the borrowings from Canton, Mr. Bodiker also did not Banks. reply, nor, strangely enough, did

91.

par

841

$2

ANOTHER FLAW IN

U. S. LAW

the

nesses.

I feel that I cannot do better in these circumstances than take For the defence Bodiker, Chan the defendants own contemporan-

:1

tive of the plaintiff firm visited them that day.

$68,500 with interest on that sun at the rate of eight per cent. per annum from February 12 until this date, less the sum of $41,830,- 93 which plaintins admittedly owe to the defendants.⠀

rumour that he intended to resign In consequence of the decision of the Cabinet to support the under- standing reached by M. Laval and Bir Samuel Hoare in Parisia ef- fectively removed

· meeting. Reuter

•

HAUPTMANN'S CASE

the

Washington, Dec. 9. Brune Hauptmann, the man w

case.

FIRST OPPOSITION CHALLENGE RESULTS

The defendants at or, about the

London, Dec. 0. date of shipment valued the ore

The greatest secrecy is being is sentenced to die for the mur in question at $68.500, a figure maintained regarding the peace der of the lost child of Colonel which though high is not extra proposals endorsed by the British and Mrs Charles Lindbergh, has vagantly higher than the quota- · Cabinet but unofficia; reports from won a point in his fight for life... tims given by Independent wit- Paris" purporting to describe the | The Supreme Court of the Anglo-French nexpulations are United States to-day allowed his treated with scepticism in Parlia application for a review of the mentary circles.

It is announced that Mr. Anthony He may now appeal to the New he reply to a similar letter ad-Pui-chi and Lo, all of whom work cous, assessment of the value of Eden, Minister for League. of Na- Jersey Court of Pardons for com dressed to him by Messra. Hastings in the Canton Omce, have stated the ore. I therefore give judgment tions Affairs, is proceeding to mutation of the death penalty-. and Company the following day. categorically that no representa- | for the plaintif for the sum of Geneva on December 11. Thus the ↑ Beoler.

My fourth point is one which appears to me to finish, from Mr. Bodiker's own pen, a direct con- If that is so why did they pot tradiction of the story which he so instruct their solicitors, Messrs, and his supporting witnesses have Whkinson and Grist who, in their told in this Court. Their story letter of March 21 to Messrs. Hast that Chan Ham-on was anxiousings & Company, while acknow- to ship half the ore in fact, he ledging the letter of March 19, wanted direct transhipment in or say not a word about the plain- to the New Deal by ruling invalidder to save handling and ware-tiffs' failure to call upon the de- the section of the Home Owners use charges. Throughout the fendants in order to tender the

structed to ask for stay of execu- Loan Act of 1933 authorising the month of February defendants and money.

Here again, I without difficulty. tion pending consideration of the Federal incorporation of bulidina plaintiffs were ad idem: Defen- JH Fingleton was very un- and loan associations against the dents had nothing to conceal. Yet arrive at the conclusion that ten-matter with the possible view, to lucky in being deprived of a

on March 16 we find Mr. Bodiker der was made. Al parties knew appeal M century when only one short of wishes of a Benim

writing to Mr. Boltau: The people that in the circumstances, tender Mr. Potter said if the taxed costs the coveted achievement, but The Court unanimously support,

have been here to-day and after was a mere formality, and I'ean- were paid on command and the Darling and Chipperfield both e. the Washington Supreme Court we had given them a plece of our not Imagine the plaintiffs, in the amount of the claim, pale into topped the three-figure mark, decision that three Milwaukee mind they received from Put Chee face of the advice given them, Court forthwith, he wor Darling 105 and Chipperfeld 105 building and ban associations mark and number and steamer raising the requisite money and mot out.

must remala under State control name in order to sell the lot to then falling to tender it. because they were chartered the interested party,

CONVERSION PROVED The plaintiffs, Chan Ham-om, In my judgment defendants are Cheung Wai-chuan and Hon Yun- clearly guilty of conversion or 50

Johannesburg, Dec. 9. The Australians took a com- manding lead in their match against Transvaal which was con- tinued to-day, the tourists plling up 411 for nine wickets. This was in response to Transvaal's first

-innings score of 201:

The Australians thus lead by 210 with brie wicket in band.-

· Reuter,

Washington, Dec. 9. The United States Bupreme Court to-day struck another blow

State corporations.

Reuter

as

:

The defendants must also pay | Iinutes. the taxed costs of the plaintiffs.

APPEAL POSSIBLE NAUG

Mr. Jenkin said he had been in-

no objection to stay of execution

His Lordship granted stay of execution to 14 days under the conditions mentioned by Mr Pot

WIN FOR M.C.C.

Bydney, Dec. 10

London, Dec. 9.--

A divison on the first Opposition challenge to the new Government was taken in the House of Com- mona to-night,

The result was that the Labour amendment on the address in reply The MC.C. touring eleven play-to the Speech from the Throne ing against an Australian eleven, was rejected by 332 votes to 140 won by 203 runs to-day

dealer,

The Australians made: 188m their second innings, Bims taking. four wickets for 81.

The German Far « MCC, 411 for 9 dec, and 207 for dission is due in

declared. Australians 227 and 188.

"Bedtør,

ember 8 from

come to Peiping Bouthi