1922-06-26 — Page 5

HALL'S DISTEMPER

THE KING OF WATER PAINTS" -

hakastary, WRENADIO, ANd bɛga dwyalmete AND SORGULLON made 11 the pingi wail mərarıqa bue

Handed by mit loquenasuan naa Paiste FA

Waite for our Bremburwen “Faw ng domesti

our Hume ** Tak

WILLIAM C. JACK & CO., LTD.

THE

Sale Aguat Mongrɔng à Bouth China

WING FAT PRINTING CO., LTD.

PAPER SELLERS, STATIONERS. Printers,

Photo Engravers, Paper-Box Makers and Bookbinders

SALE ROOM

PRINTING OFFICE

No. 149, Wing Lok Street No. RA. WHITFIELD Rd.

TELEPHONE 2257

TELEPHONE 1910

SCIENTIFIC MASSAGE.

Mr. Nankwatsu Akeji.

• Graduate of the Tokyo Massage School, has opened a massage room on the First Floor of 2 Queen's Road, Central. Office hours from 10.30 a.m. to 5 p.m.

Mr. Akuji gives massage on scientific lines, based on instruction in anatomical physiology.

Fee for treatment :-$2.00 per visit.

THE CHINA INDUSTRIAL CO.'S STORE.

Commencing To-day a genuine reduction of 10% on all goods will be made tor a period of zo days only. Large stock of Summer goods on display. Take advantage of our greatly reduced prices. Best leather suitcases-all sizes pure leather-local mare-from $1-up. Cheapest bargains in Ladies and Gentlemen's shoes— latest styles.

36, WING LOK STREET.

SHING

YOUNG

co.

120, Des Voeux Road, Central.

Phone. 4:50.

MANUFACTURERS OF CHINESE

SILK RAINCOATS.

WE BEG TO ANNOUNCE

That we have been appointed exclusive agents for the

Products of California Macaroni Company..

THEIR ROYAL & VESUVIO BRANDS ARE WELL KNOWN IN THIS MARKET. GETZ BROS & CO.

OF THE ORIENT,LTD.

PROVISION DEPT.

MASSAGE EXPERTS HARRY FURUKAWA. MRS H SIKI MANICURISTS,

19, WYNDHAM STREET.

FRENCH LESSONS.

C. MOUSSION,

15, Morrison Hill Road.

TAI LEE CHAN

Exshibbed 1884

anl SUNDRY HARDWARE

METAL GOODS

Telephons 1993.

119. Jervois Street

THE EASTERN SUPPLY CO.

Gaderal Contrector. House and Office Furnimber, Ship Upholmstare and Painter,

Oce. 4 Queen's Roadh

Works Beard St., Warchai, Telephone 4303.

-2

E. HING & CO.

BHIPBUILDING MATERIALS, SHIPCHANDLERS AND

HARDWARE MERCHANTS.

'PHONE NO. 1110.

25, WING WOO ST.

CENTRAL.

THE HONGKONG TELEGRAPH.

MONDAY, JUNE 26, 1922.

WOLLOWRA CHARTER to be Whenever Mr.from that firm, and take over the

PARTY.

Judgment for Defendant.

|

Carroll'a evidence rontlisted in charter... any way with his (the Judge's) statement of fact, it must be under stood that he had rejected it.

·

Defendant's Acts. - In support of Mr. Tang King- [po's project on the 28th Sep- The Other Witnesses. tember 1020 be promises 10 The Judge regarded Mr. W. J. advance up to $80,000 on the The Puisme Indigo (Mr. Justice J. R. Wood) gave judgment in the Carroll as an honest witness, but security of the ship, the engage. Summary Court ub

did not accept hevalence as a ment of which he would not have: Saturday

He entered except for his desire to morning in the action brought by correct descriptios of events. Messrs Walkins Brus. Inc. and accepted the evidence of Mr. Smith, aseist Mr. Tang's undertaking by Chen Van-ebee, shipowners and but distrusted Pidgeon's "evidenca placing the owners in funds to merchants of Shanghai, against entirely. Pidgeon's demeanour in meet their dock bills. He placed the the Wab Ha S. S. Company of the witness dat was that of an unferedit of the Lai Cheung Lung piece goods firma firùs under his control Hoogkong. The defendants char-truthful witness tered the s.4 Wollera for s Among the opposing witnesses at the disposal of the new charter period of twelve months, and the the Puise Judge said Mr. Blakefers to win for them the confidence plaintifs sought to show that Mr.gave an honest and competent re of passage brokers. He attended Li Han if Hongkong, was a collection of the events within his at Mr. Blake's office on the 2nd partner in the concern. I will be knowledge occurring on the 2nd Octuber when the contract to grant The defendant a charter to Mr. Tang King-po and (Detober. · 1020. remembered that during the course

an Mr. Ho Tat-eau was reconled and of the hearing interesting evidence himself was eadowed with was given regarding the shipment accurate memory and a fine ap instructions were given for the I find no formation of the projected limited of a cargs of evolies to Cuba h the precision of ideas, Wollowh

treasu to disbelieve his account feompany designed to take over the la conversation on this The Judge dealt at very great the major part of the facts to charter. length with the facts of the case which he has deposed, I think hefccasion he mentioned the like- Indicating the opinion which became into the box with something likod of his other, Mr. 15. bad formed of the witnesses, be-perhaps more than one thing-Chelik; taking stares in the limited For this reason "baleumpany and participating in its said that both Mr. A. H. Carrollto conceal.

Ile assigned his and Mr. W. J. Carroll were "baj" seems to me falsely to have de-directorate. witnesars in the sense in which doe.pied the confidentul interview brother as compradore to the ship. tors speak of good and had patients between himself and Mr. Smith He accepted from Mr. Tang King-po The principal witness in the in order to escape catechizatia a eustody of the major part of the plaintif's case Mr... to the details. During his cross monies received by him on the Wah Carroll. It had been put to him examination he did not give an Ha 5. S. Company's account for He made use of the (his Tordship that it he found explanation of the fact that he can $120.000. against

plaintiEs

[celled two cheques on his account money so entrusted to him as bi- kank port of the issue which in the Banque de l'ladɔ Chine un money, paying no interest for thewals to draw similar cheques on this sccommodation to Mr. Tang This went in the Hongkong and King-po. He gave a dinner party A. H. Carroll had been guilty of Shanghai Bank after making the to persons concerned in the adven wilful perpars.

It will be necessary transfer of credit fratture before the ship sailed. When For the 13th October the Hong. rident, the Pursue Judge con- the one bank to the other. tiaued, from the resume of fact the most part his evidence on Long Government prohibited the

details

beco Trans and fulfilment of the passuge contract in already given, that in my view, on

respect of the ship he facilitated the main 1880s of fact, the evid. "atisfactory.

"Mr. Tang Kingpo is als, tofthe transfer of the passengers to jance given by Mr. A. H. Carrell is

Da the amst of the ship) incorrect. I do not, therefore, wish my mind, a coile witness on Macao.

The weak point in he assisted financially to obtain ber accuse hita of coarocting for most points.

Before the ship suited he this trial a story which he re his evidence bas reference to the release. cognises to be wholly faise. I have machination by which two partners had a conndentia! interview with observed him very carefully. Hep the first firm at charterers were Mr. Smith, the purser, about the has told the truth on car or two jockeyed out of their share in the voyage. He made financial arrange- matters where it might have been benefits of the charter. On this sub-wents for the ship both at Nagasaki in his interest to conceal the facts.ject Mr. Tsog was fur trom open. and Honolulu. He kept himself Nevertheless, I do not accept his et in his general account of events informed by cable of the progress vidence and refuse to accept it have accepted his evidence with the ship. It has also been shown The shot on the dates when the defend. principally on two grounds. I'may out any great hesitation. Say at bace that it is not one defendant and Mr. Tung King pant made payment assigned to bis

this advantage over those grounds that his firm has have

Mrnortgage ($10,000 on 14th October 1 $6,000 op 25th October) his been shown to have a ñpascial in. Currull, that they are in a positiou terest in the plaintiffs' success this site.

That suggestion has been marte; but I definitely do not Brcept it.

related to

Lie

the

"boldiag satished that

upan

Issue on Fact.

by use of memory, to give in exideredit on currect account with the eace a satiniently correct history | Banque de l'indu Ubine, in which of the negotiations if they wish u

arcsuzt. he had placed monies do so, whereas in my opinia this received from Mr. Tang King-pe. is impossible to Mr. Carrali.

stond very littl- higher than the

anunt in fact drawn upon it.

Formidable Chain of Proof. These fucts constitute formulable of partnership, while velence individually they may be easily ex plained. Their cumulative effect was the is to show a tocat intimate con- Contract for chartering the shyfaction with the cocrer of the marle?" I answer, whether the learterers, la my opinion" they

In

Inaccurate Type of Mind. One of the reasons that fearle me

The issue is way of fact," thx tune the evidence is that be has an accurate type of mind. l'asse didge estioned, Nu idea has a deficite outhae for deciding the issue I put myself, Apart from his orat evil sitting spy, the following ears, which shows this clearly, ha "equence of questions?

1. 0a what date

letters also are a sufficient indies.

tion of this fact. His memory is weak and he has very small power o analytical reasoming

FE was atract for the purpose of thiorina chain of proof suficiently

led into self-contradiction by the is to be regarded as complete strong to transfer the onus on this

Ecross-esutnizing counsel, and was A mainly benuse he did not quickly understand plain speech The seed can is that I have found to him a tealaces to create le bit-eli fiets which have no

mus mini.

لاة

ny exchange of letters or only by part of the issue from the plaintiffs ignature at the furnal ebarter the defrodont. The defendant party, the date of the entrant was met the situation in this way. Saturday, 2nd Betober, 1920 - dealss partnership on cath. He the afternoon.

Į produce a personal account show-

13

وال

la b

were

defendant dis-)

from this

YEE SANG FAT CO.

JUST ARRIVED.

PIECE GOODS

FOR SUMMER

PLAIN WHITE VOILE

Width 38

Price 55 cents.. to $1,25 a yard

FANCY COLOUR VOILE

Width 36"

Price 80 cents. to $2.00 a yard FANCY OR WHITE

ORGANDIE

Width 36*

Price 60 cents. to $1.00 a yard

FANCY DRESS GINGHAM

With fancy check or stripes

Price at 65 cents. a yard

EMBROIDERED

SKIRTING

Price $6.50 to $12.00 a yard

FANCY SHIRTING

Plain White or with stripes

Price 65 cents. to $2.50 a yard

YEE SANG FAT CO.

Now in Full Swing!

REDUCTION SALE

of

DEPENDABLE SUMMER MERCHANDISE

ALL GOODS

MARKED AT THEIR LOW.ST.

Extraordinary offerings.

SALD

2. Was that contract entered ing all his dealings with Wah Ha | objective existence in order to sup

into by the agents of the owners et Account" money between himself pirt a proposition once adopted by the faith of any representation ind Mr. Tang King po, an account made by the defendant oe on his the correctness and suthertivity of Thiet-adeary is in part unconscious and involuntary in pehalt and endorsed by him that he which has been in no way question. part, also, it is a result of a willing a partner with the Bersons «l. He provinces also as a «eparate Thess to create such hante, H accepting the charter To this en bis own independent account. of money lens by biraself to thei wasting in certain cruples, in answer definitely un. -ómething Aki to intellectual evidence Mr. A. H. Carroli alleges owners on the mortgage of the ship, no doubt honesty.

Turite one instance verbal repre-entation on the 1st in which account also which imperseri te

He has showo He

October by Mr. Tang King po to uns been thrown. sgent for the Wab Ha.S.8. Com this effect: also a representation to my satisfaction by his, evidence pany and therefore saw nothing by Mr. Tas Riaz po and by relating to the 15th October and by con the correspondence bearing that jaregulur in produmcg for use in the defenvian! himself in

in Mr. Blake's office date which is in evidence that the evidence a letter of appointment of Versation

Neither mortgage was his individual invent. Messrs Carrell Trim, as agents of the 2nd October,

I find 10 the Wab Is 8.5. Company, dated allegation

iment. All obeques drawn by hims in connection with this ship fexcept 24th September, 1920, which letter established.

The answer to these two goes the cheque of the 14th October in was in het to ho knowledge written

Dne who, in histions faishes these two batters so respent of the mortgage) six months later. legal precedings, is able with a far as it relates to "holding out." drawo in favour not of the owners clear conscience to make such a The present action is concerned agents but of Sir. Tang King-po, misrepresentation offset cannot with credit given at the tune of and were thus notice to the owners espect to find his credit as a wit-inaking the contract and not with agents that the nes unoffected. In this subsidiary credit given at later asociated bimsell think that Mr. A. H. Carrot halates. On this section of the issue partnership. With referere to bis use of the money entrusted to retained the very dimmest recol. my decision is for the deleulant.

bin he has st oil material times lection of what happened. As to The Defendant's. Partnership, the date of bis first interview with; The third question then arises: eight times the amount at call" the defendant and as to the denial Has defendant un any other date to his own credit elsewhere in sound of the defendant's presence in Mr. prior to the cancellation of the banks. He does not deny lending! Blake's office on the 2nd October, charter party (18th January, 1921 asistance in the way stated to the 1 believe him to be honestly in fact been a partner in the Wab advecture, but be stated that Mr. metako. He has convinced him. Ha S. S. Company" This ques Tang King-po had been his friend self that the defendant was at all tion has to be investigated with nau-and confidential employer for tea material times a partner in the tion. It is for the purpose of deal. [3"ars and that now on the eve of Wab Ha S. S. Company anding with this enquiry by itself that bis on retirement from commer- Around this conviction he has in discussing the credibility of the cial life be wished to help Mr. Tang Lung firm (which he controlled, and Harston) was for the plaintidis, built the assuProces of part--fendant as a witness 1 have re. King-po to launch out in this mat though he was not a partner in it Mr. F. C. Jenkin (instructed "by: aceship to which be lepowed. served all comment on his general ler independently. He remarks that received cae per ceut commission Messrs. Wilkinson and Grist) for but which I am satisfied were denial of partnership. It has been be has never been accused of part-on its collections for the charterers Li Hy-san, nad Mr. C. G. Alabaster not in fact given. 1 regre: strongly urged to me for the plain-nership, with the first firm of fin return for this agency work and watched the case on behalf of the very much that he committed tiffs that may jury with the admis- charterers, though he was then also its guarantee to the public of the Wah Ha S. 8. Company. himself in his evidence to following sions in the defendant's case before ready to assist. Mr. Tang King-pa good faith of the charterers) and the statement made in his counsel them would be driven irresistibly to apart from meeting the owners' finally because he himself was in- opening of this

that the conclusion that the defendant lock bill) on the same linew.

terested or hoped to be interested

**ACIŃ" WU. Finding for Defendant. except for signing four letters and was a partner in the chartering firar.

in Cuban trade.

At a meeting of the Association the charter

Fle knew The plaintiffs' counsel has accepted

ctaturs party

His denial of partnership was not of All Societies of the Chinees. practically nothing of Teng, in this the burden of proof and has appendin this matter not merely by his made for the first time in this Republic, held at the headquarters, business. When he spoke he was ed for a verdict in his favour on the friendship, for Mr. Tang King-po court. It was made first in the of the Hupeh Reconstruction merely the mouthpiece of the evidence as a whole. The facts on but also by his interest in the presence of Mr. Blake and Mir. A. Society, Shanghai, last week, itt- defendant." This statement, on which the plaintiffs are entitled to affairs of his brother, Mr. Li H.-Carroll on the 2nd October, was decided to address a letter too-- cross-examination, was found to be rely are the following: The defen. Cheuk; who was tribe noncerned in After consideration I have decided foreign Ministers in Peking, y untenable. Even more do I regret dant was the confidential adviser the limited liability company with to accept his denial of partnership.questing them not to give financial that he should bare adopted for of Mr. Ting King-po both in the charterers and sailing the My judgment in this issue is there assistance to Wa Estfu:: In van uso in this case a memorandum his original contract with the voyage. His interest was also lore for the defendant. Cost to of objection by the Mantein (prepared by Mr. Pidgeon) found in Brat firm of charterers (the personal because hebat lent money follow the event.”med

Police, fature meetings

case

be

to be honest

COUE EARLY

"TIME TO BUY “

THE SINCERE CO., LTD.

;

his desk basket which was evident. Wah Ha Company) and in w the owner on security of the Mr. Eldon Potter (instructed by | body will not be held within, ly not what Mr. Pidgeon declared his endeavour to quit two partners ship and also because the "Lai Messrs. Deacon, Looker, Deacon International Settlement.

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