1926-08-21 — Page 2

Hongkong Telegraph 港電新報 士蔑新聞 All

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THE HONGKONG, TELEGRAPH.

CAFE PARISIEN CASE.

| LEAVE TO APPEAL GRANTED,

Yesterday afternoon Mr. F. C. Jenkin (Instructed by Mr” M, M. Watson) appeared in the Supreme Court to apply for leave to appant from the recent decision by the Pulane Judge in the case in which Mr. and Mrs. Talyor were sued by, and in turn counterclaimed against, Mr. Durand and Madama Flint of the Cafe Restaurant Parisien.

His Lordship the Chief Justice and the Pulse Judge heard the application.

SATURDAY, AUGUST 21, 1926.

CHINA'S WARS.

COUNTER-OFFENSIVE AGAINST CANTONESE.

Peking, August, 20 In connection with the Hankow cable yesterday, as to a southern. attack, it is stated that the Can- tonese offensive began immediately after Chang Kai-shek's arrival at Changsha

Finding it disadvantageous to remain on the defensive, the north en commanders have started a counter-offensiva,

Tang Seng-chi is proceeding to Changsha from Kulo.

It is expected that Chung Kni shek will remain at Changsha to direct the entire operations.

Mr. Jenklu said he applied first for an extension of time in which to lodge an appeal and also leave

Sun Chuan-fang's position in to appeal. He said it was an ap- Kinngei continues subject to keen plication for leave to appeal from speculation locally. Telegrams from a judgment of the Puisne Judge Nanking state that he has requisi delivered on July 29. The applicationed two China Mercbante steam- tion was out of time in so far as [ers for transportation of reinforce it was not made within seven days,ments, but is said to be confident but he asked the Court to exercise that strategical reasons will prevent its powers to grant an extension the main Cantonese force from in- that he will maintain a policy of

poching

anmin,"

or. armed noutrality.

in the

1)

"

Full of Kalgan. Telegraphing jointly to the Allied leaders, Chang Hsueh-liang and Han Allied Lin-chun report that the troops occupied Kalgan this morn- ing.

THE MIND AND THE BODY. are closely related. The mind olated. cannot be clear when the Intes tinal tract le clogged, for thus poisons enter the blood which affect the powers of thought. To remedy constipation and ensure dally regularity use Pinkettes. As a liver regulator, and to quick- ly check bilious attacks, sick headaches, also to clear the skin and purify the breath, these dainty, mild little laxatives are unequalled. Of chemists, or post free, 60 cents per vial, from the Dr. Williams Medicine Co., 60 Klangse Road, Shanghai,

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MRS. S. UZUNOYE.

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nd. floor.

under the circumstances disclosed vading the province. It is predicted MASSAGE HALL

affidavit of Mr. Watson which was before the Court.

Leave being granted, Mr. Jenkin proceeded with the main applica tion, saying the application was confined to the judgment on the counter-claim. The case

of the plaintiffs in the court below was a claim for $186 and for damages, the total amount claimed being $1,000, damages being for wrong ful determination of service. The Puisne Judge gaye judgment for $186, but did not give judgment on the claim for damages. There was no appeal from that judgment for

3180.

The Counter-Claim.

On the counter-claim Mr. and Mrs. Taylor claimed damages for wrongful dismissal. On that tho Puispe Judge gave judgment for the Cafe. The case arose out of regrettable happenings in the Cafe on the night of July 14 particu- larly shortly after midnight when as a result of what was done and said the applicants claimed they' were wrongfully dismissed, by Mr. Durand and.Madame Flint.

Yen Hsi-san states that the Shan- sites have retaken Tatung railway station, also Hunyuan, Hunijin and" several other places which the Kuominchun hold recently.

that the Kuominchan main forces The general opinion in Peking is have passed Tatungfa, en route s Pingtichuan-Reuter."

His Lordship: When do you allege they were dismiзsod?..

Nothing Mutual.

Mr. Jonkin-replied-in-the-early- hours of the morning, July 15. They had been dismissed earlier. but it was the French National Day, the Cafe was newly opened, there that evening, and Mr. and P a big party of people was expected Mrs. Taylor, rather than let the R cafe down, went back and saw their

E employers through-the-evening.. Evidence was put before the The actual dismissal took place M Puisne Judge by the Taylors and soon after midnight of July 14. I also by a man named Cotton who

The defendants when dismissed $ was then, and he believed still asked for a letter of dismissal and was, assistant manager of the cafe. Durand replied, "Yes, I will give

The Puisne Judge had shown on the notes in his judgment that he you fifty pages." held that there had been no dis- misaal-and-that-any-words-which-

At 12.10 am. Durand told Mrs. had been used by the plaintiffs, Mr. Durand and Madame Flint Taylor to get out and that he would were to be interpreted in this way, give both her and her husband "Go if you like." He also held letters of dismissal in the horn- that the contract, was rescinded on ing. In addition to that there was July 15 by mutual consent. One the evidence of Mr. Cotton who ground for pressing the applica- was employed as assistant maii- tlon was that in putting that inter-ager. One would have thought it pretation upon the language used would have been, therefore, in his by Durand and Madame Flint the interests to support his employer's Puisné Judge must have accepted case, but in fact he did not do so. what plaintiffs said. A scrutiny He states that Durand told Mrs. of the Judge's notes showed that Taylor to "get out." Mrs. Taylor what they said was to be found replied, "Not" without a letter" only very briefly in the evidence and Durand snid, "Well, to-morrow All that Madame Flint said in her morning." narrative of what took place was "I told her to tell her husband to go and rest." That was all he could find of what was said by the em ployers.

Wrong Interpretation?.. Mr. and Mrs. Taylor were jointly engaged on a joint salary of $500, and it was argued by their solicitor that notice to one was notice to both.

Another point was that on the pleadings in the Summary Court it was the claim of both parties that there had been a wrong done by the other side. As he (counsel) read the records of the proceedings the evidence left him unable to find in any shape or form any indies- tion of mutuality on that fateful right. The parties did not put up any case of that kind." He sub- mitted the Puisne Judge misdirect- it was open to him as an issue in ed himself in considering that the case that the parties had ended relations with each other by com-

What he had quoted was all he could find in the evidence of what was said by the partners in the cafe. This he suggested could not be interpreted as an invitation to men agreement.. leave the employment of the cafe if they desired: The evidence

of Mrs. Taylor was that on July 14 Madame Flint told her to go.

After the Court had conferred His Lordship the Chief Justice gave leave to appeal, the notice of appeal to be served within seven

days.

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A strike of longshoremen and crews of river steamers on the Up- per Magdalena River, in Colombia, has come to an end, concessions, having been made by both sides." It is estimated that it will take months to relieves the goods con gestion in the coast and river ports resulting from the strike and the extremely dry season.

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