1938-05-11 — Page 2

PAGE 2-HONG KONG. DAILY PRESS

BARCUTE

PATENT TRU-YAC' 50 TINS "TRU-VAC" airtight tins protect Craven against all climatic con- ditions until the seal is broken by pulling the rubbo' tab. There's no

|_ cutter-mo jogged edger,

IN PACKETS OF

10

The 'easy-access inner foil pack, and

Jke posture-proof cellophane

[cular_wrapping maintains perfect

FACTORY FRESHNESS.

Craven A quality never varies-they're always smooth fresh!

&

MADE SPECIALLY TO PREVENT SORE THROATS

CASO

MADE IN LONDON BY CARRERAS LTD. · 150 years? Reputation för Quality

AT REDULURBAY

SUMMER AMENITIES,

DINNER

DANCES

';

NIGHTY (Mondays" excepted)

SUNDA YA

CLASSICAL MUSIC

A to D.,

LUNCHEONS TEAS

UNRIVALLED-

BATHING FACILITIES

CABINS, DE LUXE

(providing accommodation for 12 persons) Sundays & Holidays $10.00 per day maximum Other day:

..$5.00 per day maximum PRIVATE CUBICLES. (maximum accommodation for 2 adults &

2 children)

$1.00 per day.

RESTAURANT

and

BAR BASQUE

RESERVATIONS PHONE 31221 LIDO"

The best blades ever made!

ELECTRICALLY TEMPERED SLOTTED

BLUE GILLETTES

have harder-

they skavs

BILLETTE

LOTTES

GILLETTE

+

k

COURTS

WEDNESDAY, MAY 11, 1938-

¡Claim On Short Delivery Of EUROPEAN

Coal Contracted

WELL-KNOWN CHINESE

HIS MAJESTY

FINED $55

AS PLAINTIFF

FIRMS

IN SUPREME COURT ACTION

Two well-known Chinese coal companies figured in a case heard by the Chief Justice, Sir Atholl MacGregor, at the Supreme Court Yesterday, Messrs. Hang Shun and Co., coal merchants, claimed. $4, 859.8% from the Kwong Sang Lang firm, thẹ money being the valuę of 174 tons of coat which plaintiffs alleged had been short dokvered under a contract dated October 19, 1937.

.11

Mr. H. C. Macnamara, instructed by Mr. G. S. Hugh-Jones," of Mesars. Wilkinson and Grist, appeared for plaintiffs, while defendants were represented by the Hon. Mr. Mr. Leo D'Almada e Castro. Jnr.. instructed by Mr.-H. A. de B. Botelho, of Messrs. Les D'Almada e Castro and Co.

Drove Under Influence

Of Drink

·

IN ACTION

Contravention Of Boarding House Regulations

with

Convicted on charges of having The Attorney General of Hong driven a motor car on the wrong Kong, on behalf of His Majesty side of the road and having driven the King, was named as plaintiff while under the influence of before Mr. Justice R. E. Lindsell in drink to such an extent as to be Summary Court, yesterday when "incapable of having proper con- a claim for $1,000 for breach of a trol of the car, D. C. Womack, or bond, for which they stood surety. the Public Works Department, was brought, against Yip "Kai- was fined a total mom of $55 by cheung and Yip Ka-cheong. Outlining his case. Mr. Mac-which the cargo was to be stored Mr. "Batters at the Central Cours Judgment for plaintiff,

costs, was given.. namara said that by the contract, in defendants' godown. He (wit-yesterday.

Mr. R... Cole appeared for the plaintiff's bought a cargo of coal ness) was to pay for lighterage and

defendant and entered a pen of from defendants, this cargo being due to arrive in Hong Kong by the It was never agreed that storage not guilty Inspector 8. C. Saun- 8.8. Haldis on November 5. The was to be at his own risk. As soon ders, of the Traffic Department, price agreed upon was $30 per ton as he paid for the coal in full he prosecuted.

was to take possession of it. He about 1.30 p.m. on March 25, de

Inspector Saunders less two per cent.

said that Russ. Plaintiffs' case was that, whereas was to pay in one week.

The Haldis arrived on the next fendant, who had just come out 1803.5 tons was, discharged from the Haldis, they actually received day and he received a letter from from the Hong Kong Hotel, ap only 1429.5 tons as, when they went the defendant which reiterated the proached a Shantung constable to take last delivery from the go-agreement made the night before, and asked where his car was down in which, the coal had been

Witness noticed that some pletes

storage in the godown.

re-

Mr. E. H. Williams, Assistant Attorney General, instructed Dy Mr. M. J. Abbott. appeared for plaintiff, and defendants were re- presented by Mr. C. A. Sutherton

Mr. Williams sald defendants were sureties in a bond which was between His Majesty the King and one Li Sang, licensee of the Wel Lam Boarding House. Sometime The constable replied that ha] in October last, LA applied to the stored, there was i shortage of of coal were smaller than con-id not know and it was alleged Secretary for Chinese. Affairs to that the defendant grabbed him become licensee of A boarding 174 tons. They had paid to de- tracted for and asked for a fendants $44,790, this being pur- duction, which was agreed to at and marched him down Pedder house under the Asiatic Emigrants Street to where his car was. Ordinance, 1915, and the Boarding chase price for 1,003.5 tons, though $1.50 less per ton. actually the correct purchase price The lighterage, from the ship to Both got into the car and defen-House Ordinance, 1917. The class was $5 and a bit less. They had the godown was arranged by the dant said he would take the of licence which he applied for had constable to the police station. was "Hak Yuen" which was class received only 1,429.5 tons and the defendants, Plaintiff's firm

describing the course No. 2 under the Boarding House claim was for the value of the dif- taken delivery ference.

steamer and the remaining 1,503.5 taken by the car, Inspector Saun- rules. tons had gone into defendant's go- ders alleged that when the foot of the steep road leading to the If, as his counsel put to him, de-police station was reached, defen- fendant's case was that they hat dant told the constable to get out made an agreement on November and then drove off (0.or November 5, he denied it. He had only had one interview with defendant, on the evening of November 4

The defendants' case, Mr. Mac- namara went on. was that they had delivered to his clients the 1805.5 tons over the ship's side and

had got no receipt whatever. In

this case each of the parties alleged that the property and the risk was with the other.

down.

of 100 tons

ex-

a

After

..

Sergt. T. McInnes said he re- celved a phone call from defen-

TWO SUREMES

By rule 3 of the Ordinance every applicant for a licence had to enter into a bond with two sureties approved by the S.CA in the sum of 81,000. The licensee was also to observe all the rules

and regulations

***15

the According to rule 33 of Ordinance, the copsee must not be absent himself from the board- being house without the permission of the S.C.A. That permission was frequently asked for and seldom refused.

}}

dant about 2.43 pm. on the day ¡in question. "He told me about The two sureties in this case.

constable It was for His Lordship to say,

and police were the defendants, who signed PLAINTIFF'S ADMISSIONS station:" said witness. "There a bond with the app leant|| on Mr. Macnamara concluded, after

ΣΤ cross-examination plaintiff was a conversation which I could November: 2 last at the S.C.A. In quoting a number of letters re-admitted that he had put a man levant to the case and citing vari-r the yard (which was used as him where he was speaking from the licence was issued I

not make sense out of. I asked the sum of $1000. At the time ous authorities, whether there was the godown) to look after the coal, and he said Hong Kong.' I ask given a copy of the Boarding a new agreement between the but it was not at his request thated him whether he was in parties by which the ownership of the coal was stored.

hia House rules and it was known that office or elsewhere and he told this had been displayed in the the coal changed hands when the

He further admitted that when me to find out."

premises. cargo was taken away from the the Haldis sailed from Samarinda

"SMELL OF DRINK" ship's side, although the purchasers and he failed to pay $15,000 a

"I met defendant in the traffic could not take away a single plece part of the sum agreed upon, there offee about 3.35 Dm.." said wit till they had paid in full.

had been a breach of the contractness. "I was standing close MANAGING PARTNER CALLED and there was another breach side him...I could smell drink on

Mr. Cheurig Yin-cho, managing when he failed to pay the remain his breath." partner of platutiff firm; wald heder of the 90 per cent when the Inspector Saunders said defen- received a letter from defendant ship arrived in Hong Kong. He dant interviewed him about 4 On March 18 last, a person who on November 4 informing him agreed with defending counsel that p.."I tried. to get a sensible had been staying at the boarding that the cargo was due by the under these breaches he could be statement from him but he did not house, which was for emigrants. Haldis the next day and reminding sued,

seem able to give one." said wit- gave certain information to the him that under the contract 90 "Following re-examination by Mr. nesa. "All he could say Was

SC.A., in « nsequence of which a per cent of the purchase price had Machamara, the broker who had what is the constable's name? policeman was sent to the pre- to be paid on delivery. As he had gone with plaintiff to interview the He was exceedingly polite but mises. It was found that.. the not enough money at the time to managing partner of the other firm would not sit down.”

licensee was not present and in pay that amount, he went that was called. He corroborated plain-

Witness said he had informed | fact bad left four days previously. same evening to see Mr. Lo Wing-tiff's testimony that that was on defendant he was not to drive A search was made for him but chi, managing partner of defen-(the evening of November 4.

more that day and had no trace of him could be found. dant firm, at his residence in At this stage the case was ad-instructed a sergeant to take him No permission for his absence had North Point. After a discussion journed till this inorning, when the to the ferry

been applied for they reached an agreement by defence will begin its case.

"

1

any

O. C. Womack in evidence, said that he left the Hong Kong Hotel with a friend. He looked for the

PENAL ROND The bond. continued Counsel. was a penal bond and when de-

SOLDIER FOUND | ASSAULTED MAN constable on duty in the car park fendants as sureties, were asked

NOT GUILTY

Witnesses Appear On His Behalf

FOR ALLEGED SLANDER

Two Portuguese Guilty

Private Hugh Kilpatrick, of the Royal Scots Regiment, who was! alleged to have stolen several bot-

In summing up the case in tles of wine from the Neptune Bar, which J. F. Caldas, quanager of Gloucester Road, on May 8, was Caldas & Company, of No. 212 yesterday found not guilty and dis-Tung Chot, Street, and B. Xavier, charged by Mr. R. Butters a clerk, of No. 763. Nathan Road the Central Magistracy.

were charged with assaulting Fung

А

in Pedder Street to inquire whe- ther he had exceeded. the two hours' parking limit.

The constable did not seem to understand English and he sug- the gested making inquiries at Police Station.

4

to pay $1.000 they denied liability. According to the rules of the Ordinance. failure to observe any ct the conditions laid down was deemed to be a debt due to the Crown."

The Crown's case, M. WELDIN submitted, was that this sim was

in convicting defendant on both the charges, Mr. Butters said he recoverable in whq'c... The sub- must accept the evidence of the mission, he said. was, based on the constable which was corroborated | act of Henry VIII, which stipulat- by other police witnesses,

TEMPLE STREET

LI

ROBBERY

ed that all Crown's debta were recoverable. and . not on the statute of William. III, which had no, reference to the Crown at all Mr. Russ admitted all the facts,

A remand of 24 hours was but said his two points were that

Giving evidence in support of Shu-ting. marine store dealer of his plea of not guilty at the pre-No. 17 Tal Nam Street Mr. K. Manted by Mr. 3. A Mactad- the figure was an abitrary one vlous hearing. defendant stated A. Barnett remarked at the Kow-en at the Kowloon Court yester fixed without reference to any that he had only been in the Cafe loop Magistracy yesterday on the day, in the case of Chan Leung-loss, and that the same penalty shek, 57, of No. 116 Canton Road, was enforced for breaches of.com- for a short period on the evening truthfulness of all the witnesses.

who was charged with robbery paratively great and comparative- in question, and the rest of the He said that he found no au- with violence in Temple Street. ly small importance. He further time he had spent in the Queen's thority for maintaining that Lau Chun the complainant, submitted that the Crown must Dancing Hall. Wanchat. He wish- mere slander should justify an as-alleged that he was robbed of rely on the act of William III as ed to call witnesses to support bis sault, He said that he was giving $3.70, statement.

no ppinion on the merits of the In the witness-box yesterday, alleged slander, whether or not it was ever uttered or whether or Liu, Kwal-chun, a dancing partner employed at the Queen's Dance Act, if uttered, it was true or justi- Hai said that she recognised de-fed. As to the plea of self-de- fendant, whom she had seen about tence, His Worship quoted extracts 9 5.m. and who danced with her, of a case in which the judge said for about half an hour after mid- that a person has a right to de- night. He could not say whether end himself, but after that he

cannot take revenge.

or not deferidant had stayed throughout the evening.

FOUND GUILTY

W

the bond came within its....scope.

His Lordship said. “Mät, what was left of this act was merely pre- PRISON AND CANE

cedural and Mr. Russ then asked the Court to interfere as to the FOR WATCH THEFT

reasonableness of the penalty and Chek Bang, 26, unemployed, was to exercise its equitable jurisdic- charged before Mr. A. A. Mac- tion that without loss the Crown fadyen yesterday at the Kowloon could recover no more than Magistracy with larceng of a gold nominal damages. wrist watch in Karen Street, near Mr. Williams objected to this, Shanghai Street, on Monday from saying that the sureties were Marlan Tse, a married woman liable for the amount fixed si EVIDENCE UNSATISFACTORY have no option but to declare of No. 180 Nathan Road, Delen- In giving judgment His Lordship

both defendants guilty of the as-dant was caught by passers-by.

remarked that the Court could not The manager of the cabaret sault," said his Worship in impos- Sentence of 4 months hard interfere in the matter, as to Wong Kon-chau, also testified that

ing a fine of $20 on the first de-labour, with eight strokes of the whether or not the penaty was a he saw defendant in the Dance fendant and binding him over for care, was passed. The watch was reasonable une.. Hell about 9 p.m. and again at 156 to reep the peace for ax recovered. am, the closing hour

months. The second defendant Privates 1. Ellison, Coyle and and the complainant were both L/Cpl. 8. Huntley, of the Rogal bound over for $25 for six months. Scots, all gaye evidence of having But-Inspector Armitt prosecuted seen, defendant in the Dance Hall "in the case, throughout the whole of the even-

ink They sala, they were sitting

the game, table with him, and

AMAH'S EARRING

SNATCHED

Sub-inspector Armitt, prossent- eg. The theft was said to have occurred in Tung CholBtreet. near Argyle Street, and the Before Mr. KM. A. Barnett at the article had not been recover- the Kowloon Magistracy yester- ed

day, Ng Kau-chal, 20, of No. 39 Defendant was sentenced to 42

that defendant had not left his vict defendant owing to the fact Battery Street, was charged with days hard labour and 13 strokes

seat except to dance.

that the evidence giyen by the wit-Iarceny of a gold and fade car of the cane, and ordered to pay Giving his decision Mr. Butters feds for the prosecution had been ring from the person of Ho La, $3 amenda or serve another 12

an afasTM

đầy said he was not bepared to con- most unsatisfactory.