1940-01-31 — Page 5

HONGKONG DAILY PRESS

DEFENCE WITHDRAW THREE ALLEGATIONS IN DAIRY CASE

Secretary Cross-examined By Mr. Eldon Potter, K.C.

THREE OF THE ALLEGATIONS OF MISCONDUCT · MADE BY THE DEFENCE WERE WITHDRAWN at the resurned hearing at the Supreme Court yesterday, before the Chief Justice, Sir Atholl Mac- Gregor, of the Kowloon Dairy case.

Plaintiff, Mr. G. E' Ahwee, is suing the Hongkong Dairy Supply Co., Ltd, for damages for alleged breach of agreement, possession of the farm property which defendants agreed to purchase under the agreement and mesne profits. Plaintiff also seeks an Injunction to restrain defendants from using the name, Kowloon Dalry, and Trade Mark No. 63 of 1925.

!

ARGYLE STREET

CAMP RIOT

Further Evidence

30

Recorded

GENERAL

OIL BURNING

AN OFFENSIVE

TRADE

Proposal Adopted By Urban Council".

At the fortnightly meeting of the. Urban Council yesterday. It was proposed by the Chairman, Mr. W. J. Carrie, and unanimously carried,

that the trade of oil burning for at the production of 300; or lamp Eblack be declared to be an offensive

Proceedings were continued Kowloon Court before Mr. Himsworth yesterday against 27 trade.

Chinese soldier internées at the Besides the Chairman, "- thè Argyle Street Camp. who are following members were 'present;' charged with riotous behaviour Dr. N. C. MacLeod (Vice-Chair-

•

Mr. Eldon Potter, K.C. and Mr. [nothing to show that it clearly at the camp on the morning of man), Hon. Mr. A. B. Purves, Hon. H. C. Macnamara, instructed by did not intend to abide by its January 13; and resisting the po- Mr. R. A. C. North, Mr. F. G. Hall, Mr. D. H. Blake, are appearing for | contract. There was evidence lice in the execution of their du- Mr. L. C. F. Bellumy, Mr. A. el plaintiff, while the defendants are that something was being done, to tles.

Arcull. Hon. Mr. W. N. Thomas represented by the Hon. Mr. Leo arrive at a satisfactory payment Sergt. McLeod testifled he was Tam, Mr. B. Wong Tape, Mr. Tang D'Almada e Castro, Jnr instructed to Mr Ahwee other than by the present on January 13 when a Shiu-kin, and Mr. C. J. Roe (secre- by Mr. D. B. Evans.

issue of the debenture,' though it count was taken of the internees tary). Continuing his evidence, Mr. was his submission that the de- at the Camp. One of the inter- In proposing the motion, Mr. Ahwee said it was his duty to attenture actually issued to the nces, named, Shuen Kam-shul, Carrie sald "This is a proposal to tend to the manuring of the pits plaintiff in June was a good de- shouted to the other men and make the trade of off burning an The allegation that manure was benture

nodded, and beckoned to them. offensive trade. It was reported to dumped outside the plts was pos- "In the witne-bax, Mr. A. Witness understood he was telling me that the manufacture of "car- sibly true because the pits were not | Dalziel, secretary and manager of the other men to break ranks and bon for making Chinese ink con- big enough for the quantities of the defendant Company, said that return to the huts.

stitutes a dangerous and offensive, manure.

since the Company took over the

trade." Addressing the Court, Mr. D'Al-property, it had spent about $18. mada said that with regard to the 000 on putting up a farm build- ...counter-charge against

plaining, building a reservoir, putting leading him to the detention cells carbon is made by partly burning over the negotiations to sell to the in new equipment and in other when the other men began to the oil and the process caused Dairy Farm, the defence was not ways

threw stones. The arrested man much offensiveness. going to proceed with it and he

charge.

NO DIVERSION

稟

:

MAN ARRESTED

He arrested Shuen and

was

Witness said he was present later

The chairman added that the

'The proposal will come before the Legislative Council in due course for formal legalisation.

APPLICATIONS REFUSED

He denied that the Company resisted and attempted to get back begged leave to withdraw that did not fulfil its guarantee of $3 into the ranks, calling out to the

000 on the surplus above the others. The charge regarding the Amal-platnurs mortgage to the Chase gamated Dairies would be proceed Bank because it owed plaintif when Mr. W. P. Thompson, ASP.. An application for an offensive ed with.

| $8,000 'an the agreement.

arrived on the scene. He was trade licence for an un-numbered The delay in the issue of the then assigned to clear the huts of hut in Ngau Tau Kok was refused,

who had barricaded In reply to questions by Mr. debenture, sald witness was "an internees

and so H་ས an application for D'Almada, Mr. Ahwee said that to account of the delay in the issue themselves there.

a food preserving licence for No. 2, Evidence If the Com- his knowledge, there was no diver of a Crown lease

Sham Chun Street; second floor. sion of milk. There could have pany had "Ismed a debenture to several other internees who had in both cases the premises were been, and quite profitably, to those the plaintiff, it might have no participated in the riot was given examined by the authorities and

by three Chinese Sub-Inspectors found unsuitable. individuals who diverted it. Wit-value at al

Arvelous ness did not know of the Ping On

were to proceed with the who

present during the Dairy. The name was quite new to agreement, he had several dis- trouble.

cussions with the plaintift regard-

him.

He knew Mr. Yip Kon-king and Mr. Wong Fook, two of the farmers who belonged to the Amalgamated Dairies, but he denied that he ever suggested either to or Yip or Wong that some of the milk of the farm- er members of the Amalgamated Dalries should be diverted to an- other Dairy, "..

Det.-Insp.

of identification.

of

Correspondence relative to the Teplacement of a health officer by. the Deputy Director of Health Ser vices on the Select Committees dealing with (1) Cubicles, (2) Ex- humation and (3) Laundries; and the authorization of the Select Committee for Animals and Birds to deal also with applications for Witness said the reason for the POLICE RESERVIST ucences for bird shops, was tabled.

A. E. Carey gave ing alternative methods of pay-evidence of identification of seven ment, and there had been no gug- of the men who had barticipated zestion made by the plaintiff that in the riot.

the Company had intended to Further hearing was adjourned

abandon the agreement,

REASON FOR DISMISSAL

dismissal of. Mr. Ahwee was be-

to this afternoon. „

COMMENDED

LICENCES GRANTED Mr. D'Almada told the Court cause of the latter's inefficiency. An Indian Police Reservist, läm

Following licences were granted "that he strongly refuted the sug- because of the diversing of the Din, who featured in a successful by the Council between Jan. 16, gestion made by Mr. Potter that by milk of the Amalgamated Dairies, chase after an escaped prisoner and Jan. 29, inclusive-Food Fac- protracting the negotiations the and because of the Urban Coun- from the No. 2 Police Station on tories 1, Food Preserving Establish company was acting in an apel's complaints regarding un- Monday evening, was commended ments 1. Milk Shops 1. Bake Houses parently dishonest manner. It was

The step was not by Mr. H. G. Sheldon at the Cen-1. Offensive Trades 1. Eating true that, to all practical par- taken because all the cows had tral Magistracy yesterday when Houses 1, Restaurants 3. Total 9. poses, the company was insolvent been sold and there was then no the escapee Lf Ying. 18, was. The company was being carried on need to keep the plaintiff on the charged

cleanimess.

by the bank and there was eri-as farm manager.

Why didn't you make good four guarantee to the Chase Bank? We couldn't pay.

dence that the bank was ready to Mr. Potter cross-examining assist further. There was nothing to suggest dishonesty in the action of the company in carrying on.

Mr. D'Almada said that on cross-

You couldn't even operate your Isn't examination, It was revealed that Hongkong Bank account osteo-malacia of the cattle was that true?-They sometimes would not attributable to plaintif, and he not let us draw, would withdraw, any such allega- tions made against Mr. Alwee.

SOMETHING BEING DONE

In spite of what you have just sat do you still say that the Combany was ready and willing to give the debenture as soon as

He submitted that the Com-he Crown lease was ready, to pay pany was temporarily in financial the lease of $800 a month and the difficulties, but assuming that it

was then insolvent, there WYLE

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with the theft 01 handbag and with ecan-

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•

The Hongkong Police, will hold a ordered to be expelled from the dance in the Hongkong Hotel Root

Garden on Baturday at 9 pm. Colony as a destitute.

The Story Of "Juarez”: Gala Premiere

At King's On Feb. 6

2 PERFORMANCES FOR CHARITY.

The story of “Juarez,” will be revealed to the Hongkong public at at two gala charity performance for the funds of the International Peace Hospital, to be given, through the kind co-operation of Menses. Warner Bros. and the King's Theatre, on Tuesday, Feb, 6, at 9.30 p.. and Thursday, Feb. 8, Chinese New Year's day, at 11 am.

THREE STORIES

Hero-Juarez, Mexico's liberator And greatest President, played by Paul Mun The Warner film will have a Grand Charity premiere at the King's Theatre on Feb. 6

fired by all the burning zeal In- stilled in him by his principles To tell the story of Juarez Is to until uncompromising" victory was tell three stories. First, the story his. Juareza statesman of in- of insidious Intrigue by which segrity, sincerity, and determina- Napoleon III emperor of France, tign, whose good qualities were sought to seize the valuable land later sometimes to be overlooked. that is Mexico for his own empire.

W. B. ACHIEVEMENT

Second, it tells of the tragic fate Against this background of suffered by the puppet emperor portentous confict, of history be- and empress, Maximilian and Car-fore our eyes, of a great peuple lota. And last, it tells of Benito and their struggle for democracy-- Pablo Juarez.

timely in a world torn asunder Born in poverty of illiterate this very day by the same conflict Zapotecan Indian parents, Juarez-Warner Bros. have produced was soon to follow his magnificent "Juarez,” co-starring two Academy destiny-to become the "Abraham Award winners-Paul Munt and Lincoln of Mexico;" to liberate the Bette Davis, dep downtrodden people he knew so To bring such a story to the well, and to give them the God-world in the finest manner pas- granted right of freedom to live sible, Warner Bros. gave two years in self-respect and, happiness. of preparation, the greatest „pro- When, in 1884, Louls Napoleon duction budget, and, secured the sent Maximillan on Habsburg to best talent available to make up rule his puppet state, "the golfen the cast of 1188 players headed by archduke" was found to be a man Paul Muni and Bette Davis, who, too, in all sincerity; desired

HE. TO ATTEND

a good life for big subjects. To HE. the Governor, Bir Geoffry some of them he appeared as Northcote, CM.G. and Lady North-- Quetzalcoatl the god who had cote have kindly consented to attend salled away chu the sunrise and the Hongkong: premiere, Among promised to come back-but to those who will be present at the the inexorable Juarez, Maximilian, two performances are Mme. Sun represented foreign aggression-... Yat-sen, Gen. Wu Teh-chen, Bir despotism - however i benevolent, Shousan. Chow Str. Robert Ho come to subjugate his, people once Tung, Kir. M. K. Lo and others, in-, more. And so be fought back, cluding high Chinese officfale.

WEDNESDAY, JANUARY 31, 1940, -PAGE 5

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