1921-07-25 — Page 1

Columbia

Batteries

The

Hongkong Telegraph.

FOUNDED 1991,

No. 13,172

廞拜雞 號五廿月七英港和

MONDAY, JULY 25, 1921.

LOST AT SEA.

The Fate of the Luen On..

PROPOSED BRITISH EMPIRE EXHIBITION IN 1929.

Prince of Wales' Appeal for Guarantors.

| Reuter's Service. Y

London, July 24. The Prince of Wales is appealing to the estion on behalf of the proposed British Empire Exhibition at Wembley Park. London, in 1923. It is stated to be essential that at least £500,000 should be promised to the guarantee fund in the next few weeks to enable

THE IRISH POSITION.

Release of Countess Markievicz.

London, July 24. Countess Markievicz, Dail Eireann's Labour Minister, who was sentenced at ti e end of last year to two year's imprisooment, was to-day released from Mountjoy Prisou.

UPPER SILESIA.

GERMAN DISARMAMENT.

J

Paris, July delayed). The President of the inter-Allied Control Commissies in Berlin. has had an interview with Mr. Briand.

Germany's disarming is said to be proceeding now withaw apposition from the tierman Government. Scrapping of heavy adnance is going on. Haugs.

REVERSAL OF CHIEF. JUSTICE'S JUDGMENT.

more

日寰廿月六

H

SINGLE COPY: 10 GTS

** AMAZING CROWN EVIDENCE.”

some documents.

WORTHINGTO

COUNTESS MARKTEVICZ,

one of the Sinn Fein leadém, who has been released from Mountjoy Prison.

contended that the onus of proof at sea: in other words that she own view of the law was strikes. agains! recourse to CARGO JUNK WRECKED.

R

The crew.

veramsay (per Baithachế J.) 88 drawn from it is that the Luen ĮLJ. K.B. p.511; Britain Steam-[On dit encounter, for some time! Jahip Ca. v. The King 1921. A.C, at all events the gale described |

99.

by Captain Wheeler and I so find. Now appeals to this. Court are The position than is that by law by way of rehearing and in the she is presumed to have been losi A Magistrate's Doubts. case of a trial by a Judge with- owing to a peril of the seas; and aut a jury where there is no real in fans, she` encountered when, on Strong words were usəd by Mr. conflict of aridence, the appellate the voyage a gale particularly | Lindsell the morning in the exse tribunal is in the saine position dangerous to her. It seems to me in which an Indian constable was Judgment was given this morn- to judge of the facts and the true that this stmogly points to the charged with the theft of a pooker a serious start to be made. The response to the appeal will deter fing in the case which came befinference to be drawn from tham lhes bring a loss by foundering book, containing two 31 notes

caused by the action of wind and and mine whether the exhibition be held in 1923 ar at all. It is emphas-fore the Fall Court on Tuesday, as the Court below.

from ised that guarantors will only be called on to contribute in the event in which Yeung Koog-yung, I turn then to the evidence in waves; and it being, as I have Revenue Officer John Browa of the exhibition failing financially. This is almost inconceivable trading as Wat Taz, appeated the case'as presented by the plain-said, for me in a case where de Addressing Mr. Leo Longinous, on the other contrary, it is anticipated that there will be a substantial against the decision of Mr. tiff. The "Luen On" started on monstration and certainty are solicitor for the defence, his credit balance, which will be devoted to some public object.

Justice Gompertz giving judg her voyage from Hongkong to unattainable, to draw my inter- Warship said: In this case the ment for the Young Shing Insar Manila on November 16, 1917:ence from such facts as point to a evidence for the Crown is 30 fance and Investment Co. Ltd. in jahe bad returned from a conclusion bald that on the amazing that I consider I have an action in which the appellant previcos start in conséquence evidence sulkugod the right con-not been told the whole truth. med the Insurance Company for of bai weather and had clusion to draw a that the loss This raises a strong doubt in my | $20,000 as a result of the loss of taken an

ros! as did occur owing to a paril insured mind, of which your client is ¡the Luen On.

fuel and as ballast. She has against. It follows therefore that entitled to the benefit. The Judges were Mr. Justice never been heard of sines, though | the learned Judge was wrong in Skinner Turner, of H.B.M. all possible enquiries have been the view he took. I am assuming Supreme Court, Shanghai, Mr. made. She was insured in the for the purposes of this judgment Justice Gompertz and Mr. Justice defendant company or the that the vessel was seaworthy. 1 GERMAN TEACHERS' UNION. Wood. Mr. G. C. Alabaster, in- amount of $20,000 against sinking|think the case must go back for a

The German Teachers' Union, stracted by Messrs. D'Almada caused by running ou‘recks or new trial. and Mason, appeared for apellant reafs, or by damage due to: winds

which has a membership of 130,- and Mr. F.C. Jenkin, in-tructed or waves. The fact that she has THE CHIEF JUSTICES REVISION. 000, has decided (stalas the Inter- nasional Labour Office) to adopt by Mr. G.R. Haywood, represent-never been heard of raises the The Acting Chief Justice. Mr. the principles and methods of Germany Conciliatory, but Denies Responsibility for Outrages.

ed respondents.

well known presumption of Ia-Gompertz, in his judgment, said trade unions. A minority of only In the lower Court defendants surance Law that she foundered that at the original baring

my 150 voted Berlin, Jals 24.. The German reply to the French note declares that the situation wae with plaintiffs. They had to was lost owing to a peril of the follows I had not doub: that in Upper Silesia is in nowise threatened by the German population, prove that the vessel was lost saas. This presumption has been the tens construction of this coo- and denies that Germans are responsible for the murder of the owing to one of the particular stated recently to exist even in trac: was that there was

Two Lives Lost. French major or for other alleged anti-French outrages. The reply causes mentioned in the insur-war time: see per Baithache J. in insurance only against particular further declares that the German self-defence force has beer disarmed ance-rocks, waves, typhoen or the case of the" AVA"34 TLR apectic perik The plaintiff had are Cainese with

Fources of The only seriong sccident and disbanded, but that the entire Polish insurgent military wind--and Mr. Justice Gompertz 140. To show that she was lost then to prove a lose by perila information open to tham that caused by the strong blow organisation remains in the plebiscite territory, and that the French upheld this view and gave judg-by one of the specified perils the insured against. If he failed to are not equally available to Ear- during the week-end was the troops have hitherto done nothing effectual to disarm the Polishment in their favour. The two plaintiff called Captain Wheeler establish this with reasonable opeans. It is in evidence that |wiecking of a big cargo Jank. insurgents. An increase of French forces can scarcely contribute to sides of the question were argued to speak to the weather as that certainty, he had not made eat every enquiry has been made, which involved the death of two the tranquility of the situation, which is naturally strained, owing by Mr. Alabaster and Mr. Jenkin time and to give his own experi- his case. Now my own note has that nothing can berascornembers of the crew. to the delay in announcing a decision. The German Government on Tuesday and judgment was ence when passing through the of the case is somewhat meagre tained which throws ligh; on the A will continue to endeavour to carry out the Peace Treaty, but the ready by Mr. Justice Skinner same area and to show that the and there is no shorthand note.disappearance of the vessel. I wat

report of the tragedy made to he Water Poles must also be made to observe the Treaty and to cease to strits Turner this morning as follows:-probability is that the storm after illegitimate aims and to renounce violence.

This is an appeal from a which he encountered was the What I in fact decided was as cannot but think that if she had Police together with as appeal

[follows—I held that the onus beea in collision with another for

for part of French Disquietude at Britain's Attitude.

judgment of the Acting Chief real cause of the loss of the was on the plaintiff to show vessel, whether that vassal had the crew by the coxswain of Juice of this Court delivered on "Luen On “. Paris, July .

■ lơn by the perils inntred | hørself been sunk by the collis. In case of this sort it is against. I was not prepared so ion

the steam launch Wo Leung, who Newspaper commien's hatrug alarm at the Upper Silesian brought to recover $20.000 under obvious that demonastics and hold and did not hold that as a have transpired, some inform day his launch was towing the

July 29, 1920. The action was

or noi. something would įstated that at 8.15 am, on Sætar- situation, and especially is there uneasiness in regard to Britain"> attivade Le Temps considers that the issue bas become Britain and policy of marine insurance certainty are naattainable, but matter of law, there was a case ation would have been obtained ill-fated junk from Shan-mi to Germany versus France, La Liberty accuses Britain of affording on the "Luen On" &

issued by the defendant company the Court as to draw an inferito answer, nothing in short to be th the whole I think Hongkong. At Fà Tan Chan the Germany protection, and ages France to stand firm, declaring that launch of some 140 tons for a abilities us point to a conclusion: the case as it stood there was în of fact from the evidence then th

steam eace from such facts and probleft to Jury. In my opinion on that I drew the wrong inference palas rope snapped and wwing to Mr. Lloyd George's obstinacy, the "fat is in the fire."

jnok Waå blown to voyage from Hongkong to Manila (see per Roche J. in The Pelagoflam a case, not a strong one, but before me and that my judgment the baach, where it was ia 1917. The descolants raised 87 LJ. K.B, 1027.)

something that required to be should be set aside. I have come completely wracked. various defences, but owing to the Now the "Luen Oo" leis Hong met. As a judge of fact however, to my present conclusion with consisting of 25 men, were thrown course taken in the Court below tong on November 16 at 10 or 11 exercising the functions of a jury mach hesitation and difficulty: overboard, and to rescue them only one of these was tried out.jam. Her best speed is stated and availing myself of the bat after the most careful and was extremely difficult on account The procedure in the Court below have been 10 knots: her lowest. ordinary knowledge of a laymen anxious consideration I can come of the boisterous seas. Ev dint is fully detailed in the judgment these figures are given by Captain with some small experience of to no other. There must be so of hard work, however, the Wo of the learned Acting Chief Jus-Wheeler from the description of local waters I found myself in order for a new trial.

Leung succeeded in saving fifteen ice in this Court: it does not the vessel given him by the this position: I was unable to Mr. Justice] Wood's judgment men whom they conveyed in the appear clearly from his antes builders. No evidence from a find as a matter of fact that the was as follows: -"I agree that the Water Police Station. Of the of the trial. At the concla-jather source #s to her actas ressel was lost by peril judgment appealed from mast be remainder of the crew who had ision of the plaintiff's case, speed was given. Taking 8 kuo insured against. I was in doubt get aside. Once it has been pos- to endure the rigorous element

counsel for the defendants as an average speed for har and whether she was or was not talated that the Luen On was of the rough sea, two were drown- submitted that there was no case the distance from Hongtos to these circumstances it seemed seawottby, it was agreed that this ed, and their bodies in law for him to answer; in-Manila being 620 miles, she would less to me to call on the Court will presume that she was recovered. Four of the men hai asmuch as, the msurance being take about 80 hours to do the trip: defendants for their evidence and loss through foundering at sea, to be seat to hospital, immediately against certain named perils of Le, she ought to have reached I entered judgment for them. I am satisfied fromCa5LWheeler's after arriving at the Station. the seas, the burden lay on the Macils on November 20th. A Whether I drew the right in-evidence that a belt of bad Police lanneh No. 4 also did plaintiff to show that the loss midday on November 18. sheferences of fact from the evidence weather, which was particularis excellent rescue work. came within the policy and that would have done about 380 miles before me, is of course a question dangerous to her, was waiting for that burden. The trial Judge did In the absence of say evidence he bad failed to discharge leaving her with 240 miles to for this Court,

her towards the end of the secund not accept that position, but held polating to any definite danger

His Lordip then proceeded day at the projected voyage. It is

refer to

the evidence reasonable on the probabilities of that the evidence called by the securing during the earlier por given and examined it in detail events, in the absence of dicect plaintiff was not enough to lead loa of the voyage, it is reasonable remarking that in his opinion the esidence, to find. as a fact, him to the clear conclusion that to suppose that (always assuming only peril not covered by the that being a well-found ship she the loss was so caused; and he she was sex-worthy when she

which need be would have reached this ares. I policy here therefore entered indgment for the started) she did reach that posi:

Yoe Sang Fat are showing a defendants. Thus the other issuestion. And we have evidence of seriously taken into account is do not say that, if these proposi-new lot of Ladies' Blouses.-

that of collision.

tins be accepted, all doubts as to Page 7. A league match was played o

raised on the pleadings have not what the weather was at that

The matter has now been re-the circumstances surroundingi Saturday between the Eowley

The Wo Ping Theatre has been been tried.

time. Captain Wheeler was in

argoed before the Foll

and the fate of the Luen On It is clear that the interpreta-cc.umoud of the S. S. Yoed Bang. I have had the advan

Tis-fare Bowling Green Club and thë

renamed the Empire Theatre. -- set E res: but it

Page 7. K. C. C., which resulted in a winion of the policy in question is well-known vessel here and cassing the facts

fdoes stem to to A that for the former.

The World Theatre is showing raised: is it ons against certain macb larger than the Leon Dawith my learned ten The they give rise to a substantial named perils? or is i a more h

the run com general oce against perils of the Manila to Hongkong and left alient features. the case are probability in favour of the The Merchant of Venice" and

two. The first is the state of the inference that she was lost novelty acts and dances to-morrow. sean? Mr. Alabaster for the ap Manila at 4.20 p.m. on the weather. I am inclined to hold through stress of weather after night-Page 4.

of November 17. pellant sought to use the terms of afternoon

The T. K. K. advise consignees on further careful consideration encountering conditions of the of cargo of the arrival in port of two other policies for the purpose

observed by Capt the S. Persia Maru-Page 4 At midday on November 18 he of arriving at the meaning of this ran into a gale: be had then done that, leaving out for the moment character

the question of collision. it Wheeler. This constitutes a loss

Two European' residences on than probable that through winds or waves, that is the middle level are for sale.-- A.G. Pile (skip: ns. I have to doubt that he can some 180 miles: be completed his 13 more

not do so. I accept the position trip in 64 hours so for practical the Luse On had an appreciable a loss within the perils named in that these other policies were is purposes he may be taken to streich of stormy water the policy of insurance on which A. W. F. Da sued at the same time and through bave gone at 10 knots an hour. to cross before she reached the appellant has sued.

In my opinion he has satis the same broker as the one under Atemidday then he would be shelter. I could wish that the discussion: they are upon the about 60 miles away from the same vessel and for the same Luen Og, and his description of evidence on this point were more factorily discharged the onus of soyage: but they are in different the wasther is this:-Wind force complete, but I am satisfied that proof laid upon him in these Wheeler on the 18th mast have that bad the cases wich have ent termy. What in fact happened to high, so bad that the Yu been preceded by at any rateabeen cited to us been brought to pany are going to pay an interio The Hongkong Tramway Com- was that the total insurable value Sang laboured heavily and shipp-heavy swell in the open water.the notice of the learned Chief dividend of 1)- per share--Pazh Stevens of $45,000 was divided between ed water. And this weather Inst-This being on the beam would Justice in the Court below, sup- 13 companies: but I fail to see bowled until he was 30 miles from reduce her speed, and I con-ported by the argument to which

it can be held that the wording of Hongkong on the early morning clade that for a material portion we have listened, he would have attention of the public their fin

Lane Crawford bring to the one policy can be used to help of November 20. He was given of her voyage she was in weather then reached the conclusion of fact line of Tennis Shoes & Shirts. the interpretation of another. The the description of the Luen On which a master mariner of proved which has now been unanimously

Paze 3... policy must be construed as it and her condition as to loading experience considered particular-adopted in this Court." stands; and in my view it is a&e and he said that, under those ly dangerous for a vessel of her Mr. Alabaster raised the ques- proof that the military machine province from falling into the policy against loss by sinking duo circumstances she might possibly type.

tion of costs. They had paid the in Kwangsi has been completely hands of a military party again. to certain specified perils of the have crossed the ball of stormy If other perils are ruled out I costs of the original hearing in

To-Day's Exchange. ruslied beyond hope of recovery. fiereafter, the task of the Can-sean: in effect, due to stranding weather at the time prevailing, think that a jury would have no the Court below about $4,000 & fact which will have to be ad-tonese troops is to clean the pro- or the action of winds or waves. but it would be particularly den- dimcalty in finding that heavy and he submitted that they The closing rate of the dollar on raitted even by the most sceptical vince of brigandage by those The learned trial Judge was gerous. It is right to polat out weather was the cause of loss were entitled to the refund of demand. today was a Síð.

Although the Kwangei militar- are yet in control of other smaller burden of proof as he did it lay in examination in chief and into a negligible quantity the pos-

lesser Kwangsi militarists who therefore right in putting the that he was careful to say, both is it possible to rule out or reduce that money.

After some argument the The Weather. ists have now been defeated the cities in the province and may on the plaintiff to show that the cross-examination, that the weatability of collision. In the first Court ordered that respondents to object of the Cantonese troops in prove a source of trouble, that los occurred owing to one of the her he experienced was normal place I think that the presump pay the costs of the appeal, the 2 p.m. Bao neter:-29.68. Tem undertaking the campaign against will interfore with the programme named perils; and the question monsoon weather for that time tion of a well found vesse costs of the original trial to abide them has not yet been completed. of reconstruction and the ro- for this Court at the present time of your anyone would expect It crossing a calm area in safety is by the result of the new trial. The people of the province will forms which the Canonese are is whether he succeeded in doing there at that time. have to be assisted to attain self-going to introduce in the pro- that.

very great. Again it is ma- and the costs of the original trial See, The Enterpe (per) There the evidence ended, and teal to remember that both already paid to defendants to be -government so as to insure the vince.

|Rowlatt J.) 33 T.L.E. 40; In- I think the true inference to be panics, insured. Dad insured, repaid within fourteen days.*

OUTBREAK IN SPANISH MOROCCO.

Large Force to Despatched.

Madric. July 4. The War Minister states that Spain is faced with a new situation in Morocco. Hitherto she has only had to deal with isolated group of rebels; now the is faced with a real rebel army, perfectly organised The Spanish Government has requisitioned several Atlante Liners and large steamers at Seville and Barcelona to transport troops

1Other Eerly and Special Telegrains on Fann 07

Morocco.

CANTONESE CAPTURE

NANNING.

Campaign Practically

Ended..

LAWN BOWLS.

Appended are the scores: -

E. B. G. C.

K. C. C. NO. 1. RIFE. D. Keith

R. C. Hunter D. A. Purvis J. P. Robinson

To-day's Canton Times says:-- Soon after the fall of Kwei Yuen, the last stronghold guard. ing the entrance to Nancing the capital of Kwangsi, an invitation A. Gourlay was received by the Cantonese troops from the Kwangsi Provin; D.Gray (skip!

D. Harvey rial Assembly, the Chamber of 12 Commerce and other public

organisations urging Gen. Chen W. McKay Chiung tire commander-in-ebief

18

NO. 4. RISK

of the Cantonese Army to lead J. Henderson

his forces into Nanning so as W. Hedley

од Was

to

were not

News in To-day's New Advertisements.

יד

ge 4. Lammerta' are selling off Wire Nails ood Galvanized Wire at Yaumati.-Page 4.

Lammerts äre auctioning à fine

to maintašu public order in view w, Russell (skip) J. Gibson (sk'P' companies and in somewhat differ6 or 7: N.E. or N.N.E ses rough the weather reported by Captain proceedings. I feel little doubt [lot of genuine old corios on July,

of the absence of the defeated

and fugitive warlord. Word bas

39.

idson

M. Henderson

J. M. Jack

6.

NO. 3. BINK.

J. Hyde

47

.

J. Wilson

J.

McMurtrie (skip) 24.

been received that the Cantonese D. McKenzie troops have already entered Nad-P. Dixon ning and even Lungchow, a city R. Hall

that is near the border soparating R. Lapsley (skip) Kwangsi and Annam.

The occupation of Nanning and

the departure of the defeated

Warlord Lu Yung-ling is ample

persons:

12.

29.-Page 4.

4.

parature: -81. Humidity 82.

Lighting-Up me. Lighting-up time fočaj, 7.08.

p.m.

11