1936-06-11 — Page 6

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DOLLAR LINE

LINE IS

EXONERATED

Fraud Charge Dismissed By. Supreme Court

BOMBAY FIRM'S CLAIM

There was a sudden ending to the action for damages" against the Dollar Steamship Line in the Supreme Court yesterday, when the Acting Chief Justice (Mr, Justice Hayden) found there was insufficient evidence to go the jury and entered judgment for defendants.

The claim which was for $92,862.75 and was brought by Rajaram Girdharilali & Co. of Bombay, was the result of a shipment of raw silk from Canton which turned out to be cotton waste.

CASE WITHDRAWN FROM

U

JURY

REVOLVERS FOR OWN

: PROTECTION

Retired Grocer's

Plea

COUNSEL'S SUCESSFUL DEFENCE®

11

་་

Around the Courts

MORE DEPORTEES Appearing before Mr. W. Scho- #eld, at the Central Magistracy 3esterday on enarges of having re- turned from banishment before the expiration of their terms, L Fuk, unemployed, aged 55 years, and Leung Kai unemployed, aged 18 years, were each sentenced "to eight months' hard labour. First defendant was banished for, ave years on April 16 this year, ard

second defendant for ten years on

May 8 this year. Both were ar- rested in Wanchal.

A

He bought these revolvers only for his own protection in

Lin Ching-chi was sentenced to the country village, which I believe is rather essential,' pine months' imprisonment when said Mr. F. II. Loseby yester.be appeared before Mr. S. F. Bal- day at the Kowloon Court in four at the Central Court yester- day charged with returning from lefending a 63 year old ·

banishment, retired-grocer from Boston Defendant was banished for 10 U.S.A., who appeared before years on May 29 last year. Mr. E. Himsworth charged with possession of two revol- vers and 660) rounds of am. munition without a licence from the Inspector General of the Police.

*

FOR OBSERVATION Appearing од remand before Mr. W. Schofield, at the Central Magistracy yesterday, on a charge

ci theft or a fishing boat from the beach at Shek-O on Saturday last Wong Puk, 31, unemployed, was urther remanded for a week in gaol, for observation.

Li Sing Kam, described as "in- dependent" of Portland, Oregon U.S.A who had resided in the Sergeant Whitley stated that de- States from the age of 22, pleaded tendant's relatives could not be Replying, for the plaintiffs, Mr.

guilty and was fined $75. The found. Defendant did not seem to Sheldon said the case for his arms and ammunition were "order-be dangerous, but merely simple.

statement clients was that the

ed to be confiscated. was made recklessly and carelessly. without regard to its truth or falsity. If the goods were shipped by a river steamer, there should be a mate's recelpt, but the defen- dants had failed to produce it.

Yesterday's proceedings were plaintiff's favour, the Court of confined to legal argument and Appeal would reverse that decision

in five minutes." the special Jary which had been empanelled was not required. The A. jury comprised:-Messrs, W. Cornell foreman), T. A. Mitchell, Li Tse-fang, C. M. Gee, V, D. Sorby, H. E. H. Priestley, and J. D. Danby, The claim arose as a result of a shipment of 370 bales of raw silk by the defendants to the plaintiffs. on behalf of the China Overseas Inter-Trading Co of Canton. On arrival in Bombay the goods were found to be cotton waste.

The "defendants were alleged to and carelessly have recklessly undertaken to ship the goods ahd to have issued bills of lading with which the manager of the China Overseas Inter-Trading Co.. A certain Mr. Chàng, obtained pay ment from the Mercantile Bank of India with whom the plaintiffs had opened a letter "of credit.

NO DELIBERATE FRAUD Counsel went on to say that there was no suggestion of de- liberate fraud on the part of the defendants. The allegation that they had acted recklessly and carelessly in making that state- ment.

WLS

Mr. Potter remarked that if the" ease were to go to the jury there must be evidence to convict Mr. Carpenter of fraud because it was his fraud and not the company's.

Mr. Carpenter, however, hadi denied any knowledge of how the goods came to be shipped, and as the plaintifs had admitted that there was no deliberate fraud, he could not see how such allegations could have been brought.

LEGAL ARGUMENT Continuing his arguments from the previous hearing, that there was no case for the defence to an- swer, Mr. Eldon Potter, K.C. for defendants said there was not bir of evidence, produced by the plaintiffs in

their support of allegation.

They had alleged that the de- fendants had made a statement In lading that the goods the bills were shipped from Canton and Hong Kong in a river steamer, recklessly and carelessly without

given for the Knowing or caring whether it were true or not. They had failed to defendants, with costs. establish that Mr. Carpenter, of i Mr. H. G. Sheldon, K.C., and Mr. the defendant firm, who signed the Leo d'Almada, jnr. (instructed by bills of lading, had made the state ment fraudulently.

"I submit with the utmost con- fidence," continued Counsel. "that there is not a bit of evidence in support of such an allegation. If your Lordship left this point to the jury and they found in the

OPIUM CARRIERS

FIVE WOMEN BEFORE COURT

Five women were charged before Mr. S. F. Balfour at the Central

jury.

Judgment

Detective Sergeant Haynes, of the Water Police "told the Court that the defendant arrived in the Colony an Thursday and intended to leave for Canton by train on Tuesday, At the Customs table in the K.C.R. his luggage, was searched and in a pair of Welling- ton ooots che revolvers were found. The ammunition were secreted among silk stockings. Defendant at the station pleaded that he nao bought the firemans just before sailing from the States and was taking" them back to the country for his own protection.

NOTICES POSTED Notices were posted on all the Canadian Pacific S.S. ¡inem that arms and ammunition had to be declared. Defendant was on $600 ball,

At the last nearing it was stated, defendant had gone into the Bhek- O Golf Club while a dance. was in progress.

·

GAMBLERS CAUGHT

FAILED TO APPEAR

Chan Ping-sheung, living at No. 311, Lockhart Road, failed to ap- pear before Mr. 6. F. Balfour at the Central Court yesterday in answer to a charge of possession of ' 55 taels of prepared opium and 12 taels of raw opłum. His ball of $1,500 was accordingly estreated.

R. O. Grimmitt.appeared for the prosecution.

DOG SUMMONS

Mr. McBride, 526 the Peak, was summoned beföre Mr. S. F. Balfour

at the Central Court yesterday

charged

with allowing his dog abroad in Stubbs Road on May 30

at 4.33 5.m. without a muzzle or a

lead. ".

Defendant sald that the dog-was' muzzled in the morning as he had muzzled it himself.

Sergt. Hill stated that the Indian Police Sergeant who took out the summons was in the Hospital with

eye trouble and would therefore be unable to appear in Court as when he leaves the Hospital he would go on pension.

Defendant was discharged with a caution.

UNMUZZLED DOG

Mrs. Bathurst, 509, The Peak was also summoned before. Mr. S. F. Balfour at the Central Court yes-- terday charged with allowing her dog abroad on the Repulse Bay Road without a muzzle on. May 30- about, 4.40 p.m.

Defendant was fined $8,

UNLICENSED RESTAURANT The Poor Box benefitted to the

"If the Government's right hand extent of $7.47 as the result of the

does not know what the Govern arrest of nine men who were gam- | ment's left hand is doing, then it. bling at the site of he new Queen. is going to be awkward for the Mary's Hospital, Fokfulum Road, [public” remarked Mr. C. A, Suther~ on Tuesday.

Before Mr. W. Schofield, at the Central Magistracy yesterday

ton Russ, when he appeared be- fore Mr. W. Schofield at the Cen- tral Court yesterday in defence of was charged Ng Kam-sha who with keeping an unlicensed re- staurant at No. 134. Queen's Road East.

Tsang Luk and eight others were charged. The first defendant, who was charged with running a street gambling school, falled to appear In Court, and his ball of 330 was Mr. Russ said that the defendant estreated. The others. charged received a letter from the Secre- with gambling, were each fined tary of the Urban Council on May

or five days...

B, which stated that he would not Detective-Sergeant Riddell stated be allowed to continue his business after June 13. The Sanitary $2.32 was picked up, and also ask- ed for the confiscation of $5.15 Inspector, Ki In Woon, had taken found on Tsang Luk.

out a summonis for yesterday, June 10. Who was more superior, thei Secretary of the Urban, Council är the Inspector. Mr. Russ said that he did not know.

The case was remanded for one week,"

•

镇

PIRACY SEQUEL

Mr. Loseby said that his client was born in the States and resided there. till he was five years old.

TRAMWAY KAILS Counsel was continuing to quote He then came to China where he

Kwok, San, 24, unemployed authorities in support of his argu- stayed until the age of 22. He re- ments when Mr. Justice Hayden turned to America where he work-charged with the larceny of a piece said he had heard enough and was ed in Boston as a grocer. He of tramway rail, and Lal Wati, 56, charged with receiving the same, satisfled there was not enough evi-married rather late in life and had dence for the case to go to the brought up a family of seven the both appeared before Mr. 8. F. Balfour at the Central Court yes- eldest child being, 14 years of age.

Lai Ping 31, alias Wong Kam was Recently, Mr. Loseby continued, his terday.

brought before Mr. E. Himsworth- Mr. Walker of the Tramway at the Kowloon Magistracy yester client sold his business and had

Company was the complainant. day charged with Implication made up his mind to retire to bila village. He arrived on Thursday Det-Sergt. Guild who prosecuted with the piracy on board an un- and on Tuesday his luggage of stated that the second defendant licensed junk in British waters out which there was a great quantity was arrested in Wing Sing Street side Lyeemin Pass on May 31. He was quite rightly searched by the carrying the rail and when ques-

was remanded for 24 hours.

Detective Sergeant Kinnear for Customs authorities, in the ordin- tioned said that it was given to kim to carry by the first defendant,

the Water Police, said that a fur- ary way.

The rail was said to

be lying ther arrest had been made, and the, along side the road.

man will probably make an ap- First defendant was bound over pearance before the Magistrate in $25, the second defendant was

The total number discharged."

of arrests in connection with the same offence, was five said, the prosecution officer. ·

Mr. H. J. Armstrong. of Messrs. Deacons), appeared for the plain- tiff company; the defendant firm was represented by Mr. Eldon Pot- ter, KC. and MY, H. C. Macnamara (instructed by Mr. G. S. Hugh- Jones, of Messrs. Wilkinson and Grist).

CAPE FLIGHT RECORD

"OVALTINE" A BIG

HELP

to

The accused said Mr. Loseby, did not see the notices posted on the liner and he was pre- pared to say this on oath. If he had he would undoubtedly have been saved all this trou- ble.

Mr. Loseby said that there was one thing stressed by the police which he would like to comment on, and that was where the re- volvers had been found. He sub- mitted that it was quite natural to place the revolvers in a pair of bouts and ammunition amongst stockings he would have done the same if he were travelling in an endeavour to save space.

Court yesterday with the possession It is interesting to note that of various quantides of prepared Mrs. Mollison after her exhausting oplum. The defendants were London to the Cape, and Cape to Wong Kam, 34, married woman London nights paid tribute (40 taels), Yip Sam, 53, widow (40 Ovaltine as having helped her to tae's), Lau Lan, 31, widow (50 accomplish these wonderful feats. taels), Yeung Sze, 37 married Woman (30 taels) and Nr Sam, 32, She said:"My constant habiting to retire to the country.

widow (40 taxis).

ot

drinking 'Ovaltine' is

fully

Mr. Loseby asked whether his client looked like a pirate! The Magistrate could see that he (defendant) was an old man wish

It

was a case of committing an

mitted Mr. Loseby. It however

Mr. C. A. Sutherton Russ appcar- justified as I am feeling 100% at offence in pure ignorance, sub- ed for all the defendants. R. O, even after my strenuous fights." Grimmitt was for the prosecution, The value of energy-providing did not make defendant less guilty, but he had erred in ignorance, Mr. Russ first stated that Ip 'Ovaltine' has been acknowledged

and the Magistrate should take Sam had taken tull responsibility by other famous flyers. Jean Bat-

this into consideration. and had pleaded guilty. The ten, Tommy Rose, H L Brook. others, he said were innocent. Scott and Black and Jones and

A LIGHT SENTENCE ASKED R. O. Grimmitt said that on Waller all used "Ovaltine' in their

Mr. Loseby contended that the June 5 all the defendants were record-breaking fights...

Ughtest sentence possibly should arrested in Connaught Road by

And in many other memorable be imposed. His client had suffer- C.R.O. 92 on information They feats of endurance 'Ovaltine' has ed already. It was his first con- were all taken to the I. & E. office i played an important part. Fam-fact with the police and he and where they were found to have

ous explorers, mountaineers. rachis family had been delayed for the aptum tied around their waistsing motorists and athletes have about 24 hours. with bands of cloth.

relled upon 'Ovaltine' to maintą n "He bought these revolvers only After the evidence of C.R.O.92, physical fitness and abundant for his own protection in the coun- vitality in the face of the most try village, which I believe is ra- arduous conditions and Intense ther essential." nervous strain.

Ip Sam went into the box and stated that she had been given $300 to take the opium to the s.. Hai L All the others knew that they were carrying opium, was the! damaging statement of this wit-¦ ness. Lau Lam then admitted that ahe knew that she was carrying oplum. Wong Kam, denied know ledge that the packets were oplum, as did Ng Bam

"...

Yeung Sze said that she did not know she was carrying oplum

The Magistrate said that he was prepared to accept the de- fence's ples, but at, the same time anyone travelling on steamers should make them- selves thoroughly acquainted with regulations, deten-

Defendant

also, but in her statement to the Revenue officers she said, "I took the oplum for someone else".

First, fourth and fifth dants were fined $750. Yip Sam was fined $150 or 6 months, Lau Lan was fined. $200 or one month.posed.

was to blame in this respect. A fine, as stated above was im-

TRESPASSER BOUND OVER. Charged with trespassing on the Kennedy Road revolver range, Wu Luu, 27, & cook was bound over in $25 when he appeared before Mr. S. F. Balfour at the Central Court yesterday...

Sub-Inspector Johrison stated that the defendant went there to pick up the discharged cartridge

cases.

this morning.

STAMP EVASIONS Foon Ka-choy, living at No. 2. Chiu Kwong Street was fined a total of $100 by Mr. W. Schofield at the Central Court yesterday when he appeared charged on eleven counts of not appending stamps to receipts of eleven sums, of $42 each.

Sergt. Whitcroft said that since the defendant went to Canton last. year he had not stamped receipts..

ASSAULT CHARGE Two women, Li Ho, 28, widow and Fung Ngo1, 20, married woman, appeared before Mr. 8. F. Balfour at the Central Court yesterday charged with the assault of Wong Kwan, a spinster, at the Wah Yuen Forig near Staunton Street.....

stated Sub-Inspector. Johnson. that the complainant was walking receipt for the sum of $22.08. along the road when she slipped and her clog accidentally struck one of the defendants. This start-

Ip Shun-yue, living at No. 82. Caine Road was fined $10 on a summons for not stamping a re- celpt for the sum of $200.

Sung Tak-chai, No. 64a, Bonham Strand West was also Aned $10 for not applying a stamp to a

ed a quarrel which ended in the MR. MACDONALD'S

assault.

$5.

Defendants were bound over in

SON IN DIVORCE SUIT

INDIAN DESTITUTE Shamrez Khan was charged be-

London, May 28. Lore Mr. B. F. Balfour at the Cen-

The divorce petition brought by tral Court yesterday with vagrancy.

Mrs. Afster MacDonald against Defendant was committed to the

'her husband, eldest son of Maş, House of Detention

Det. Sergt. Russell stated that Ramsay MacDonald, is down for there were a number of these In- bearing before Mr. Justice Grea- d'ans coming to the Colony and ves-Lord in the Divorce Court later becoming destitutes. They to-day. The suit is in the unde- had their passports from Sings- tended list- pore to some of the Chinese ports with the ultimate aim of coming to Hong Kong. If they were allow- ed to enter the Colony, the ques- tion of repatriation, would be a heavy one.

Mr. and Mrs. Alister MacDonald- were married at Westbourne Park Chapel. Paddington, in 1922. Mr. MacDonald is an architect who has made a speciality of cinema!

designing.

34

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