1926-12-13 — Page 7

KANSU HORRORS.

TROOPS AS REAL BRIGANDS.

TERRIBLE OUTRAGES.

MOTOR CAR OVER PRECIPICE.

SINGAPORE MOTORISTS"

ESCAPE.

ALUCKY JUMP.

THE HONGKONG TELEGRAPH,

MONDAY, DECEMBER 13, 1926

EXIT THE ALLIES DISPUTE OVER BOND,

CLEARING OUT OF GERMANY.

CLAIM AGAINST BREWER

AND GO...

IT IS A NOTE

(Continued From Page 1)

It would appear that Mr. Do.agreement on the following points: former partner of the Company liable to pay the holder on proof

and turned back.

►

BANK'S LIABILITY." The case arising out of the dis- Dealing with the Bank's liabi pute between Mr. N. 1. Brewer, lity, his Lordship referred to a IMPORTANT AGREEMENT.

Victoria Hotel, Kowloon, and judgment in which it was held Messrs. Brower and Co., book that the maker of a promissory After long negotiations with the

Geneva, Dec. 12. sellors, Pedder Street, again came nota could not be liable Intres- A motor accident befell Mr. E. Northwestern Army, the remnantss. Davies, of Singapore, and a Ministers represented at the pre-heard on the part of Mr. M. Wto express the legal position cor- The final mooting of the Foreign before Mr. Justice Wood this pact of it to two parties at the morning, when legal argument was same time and said that seemed of the Lungtung forces recently other passenger on the 1st inst. Joined the 2nd Kuominchun, writes at the Kanching. Pass, 12 miles sont session of the Council of the Lo, who is appearing for the de reetly. The Bank, wälle its con- the Kansu correspondent of the from Kuala Lumpur.

League of Nations reached an fendants Messrs. Brewer and Co. tract was to pay the bentor of Mr. N. L. Brewer, who was the entire note only, was also

· Shanghai -Mercury. It is believed that their negotiations with the vies left Kuala Lumpur in, his

The date January 1st. next was and has practised here as a barris. of the destruction of the whole lat army only were a plan to save Rawang on business. At the 18th Inter-Allied Military Commission, At the first hearing the plaintiff portion of it. Unless, therefore,

Ferliet car, intending to visit chosen for the cessation of theter, is conducting his own ensu.

note, or of any unsurrendered. the face. Brigadier-General Han,mile, Mr. Davies, thinking it was but, in the interval, the Com-asked to be exonerated from a the defendant Bank could success- who da in high command over the getting too late, changed his mind mission is to examine fresh security bond of $1,000 for the fully rely on an additional ground remaining Lungtung troops, put

proposals to be submitted by landlords, the Chinese Estates, of defence which was raised in up so pretentious demands that All went well up to the 12th of satisfying the two Allied the defendants to pay the land-mine the case.

Germany for the purpose Ltd. He also claimed $1,000 from the pleadings, that would deter- the negotiations were broken off. mile when, negotiating a nasty His joining the 2nd army is said corner, on the left of which was a

demands. Meanwhile, the Ger- lords. It was atated that at the The surviving portion of the to be a way to come down to big precipice, the

man Government was undertaken time the bond was signed the note in question had been tender car skidded Shonsi where he probably will go and Mr. Davies completely lost the eastern frontier. Further Company. Mr. Brewer amended left no room for reasonable doubt to suspend all military works on plaintiff was a partner of the ed to the Bank. Evidence which over to the Allies. This has been" control. his plan all the time, but he and In the nick of time, Mr. Davies and the German 'delegates fail to ed $1,000 in respect of the bond.

more, if the Control. Commission the writ to the effect that he claim-and been proferred both to his troops have been closely guardshouted to his companion to jump reach an agreement the Investigat

the Bank and to the Court, that ed by the firet army. The Tupan off and himself leaped out just ing Commission of the League be

This morning. Mr. Lo said the the other portions were now no of Kansu is said to have a grudges the car went over the preci- informed of the developments by facts were agreed, with the excep was therefore liable to pay.

longer in existence. The Bank towards the 2nd army for their pice, both lives thus being mira the League Council, unt: the Comtion as to whether the Chinese

. An additional defence advanced mission formally assumes its fune. Estates, Ltd., had ever made any on behalf of the defendant Bank was that if it should pay the sum demanded it would still remain Hable under Ordinance to pay the Government of Hongkong of one per cent. per annum of the à tax

nate's value (ad noto still in cir- culation) and also to retain in its vaults in perpetuity a specie of. reserve against the note (as a note issued and still uncancelled)..

would be inequitable to hold the Bank liable to pay unless on the. production of a document, the cancellation of which could be recorded by means of its serial number His Lordship express-

acting ao independently of him.

culously saved.

The car lies at the bottom of

ed condition. the precipice in a totally wreck.

tlons on January. 31.

ALTERNATIVE PROVISIONS.

way

demand on the plaintiff.

The Secretary of the Chinese Estates, Ltd.. Was

called to give evidence on this point, and he said no such demand had been made.

REAL DRIGANDS. The morale of the army is very bad indeed. They are real brigands. They have entered

Mr. Davies's companion The agreementa niso provides Kansu a few times and have looted vies. was not so fortunate as he Article 213 of the Treaty of escaped uninjured, but Mr. Da- that from January 31st. Beveral villages. When they suspected that the people had sustained. a sprained knee and Versailles, whereby Germany" In reply to My, N. I. Brewer, money buried at some place they

received several scratches.

undertakes In overy

to witness agreed that he authorised burut them until they confessed

facilitate any investigation de-a certain letter to him through sired" by the League Council Mesars. Lo and Lo which included conditions laid down by the coun- all rights against him. cil. I by January 31, contrary to Mr. Lo said his, defence" was expectation, un amicable agrec-twofold, his first point being the ment is not reached between the question of jurisdiction. The Allies and Germany, the questions pending will be submitted to the Council of League, each Govern ment represented on the Amabas

where the money was hidden. FAMOUS AMATEUR TO will be applied in accordance with the statement that they reserved it had been, sumbitted that it!

Several persons were hung by the hair, while a fire of straw was lit under them. Some of their troops came to this city some time ago "to get ammunition from the First Army, and then against the order of Tupan Liu Yu-feng they stayed here for about a week." Thuse

days the people scarcely dared to go on the streets, because these soldiers snatched their shoes from off their feet. At last the Magia-

FIGHT.

EAGAN, MATCHED WITH

STOKER ADDISON.

Eddie Eagan, amateur heavy- weight champion of England and America, heavyweight champion to attach to its Embassy in Berlin, sadors Conference to be permitted of Olympic Games, 1920, inter- collegiate champion of America reach an agreement with the com- a technical expert authorised to

ber 21st.

claim, he said, as disclosed by the plaintiff, was purely a claim in equity for the protection of the Court.

for a sum of money.

His Lordship-The claim is

ed himself as not being greatly impressed with that, argument.

It seemed to him that if the document were surrendered and cashed, no other conclusion could Mr. Lo:--Not for himself. Hebe drawn except that the issue of

tion of the Court as surety under a bond because he is liable under it.

trate told them that if they did is to fight in Hongkong on Decem-petent German authorities on all claims he is entitled to the protec- the Bank's notes and also the cir

not leave quickly, they would be regarded as enemies? Then they moved eastwards.

TROOPS POURING TO SHENSL

ANDRE DUPRE HERE.

He has been matched with Stoker Addison, of H.M.S. Hermes, who has given some fine exhibi tions in the Hongkong ring, the Troops, belonging to the North-contest between one of two six western Army, have been pouring minute rounds. through to Shensi, for a long time, General Yu Yu-ren and Brigadier

Mr. E. Eagan, to correctly title General Sun Liang-cheng recently him, is, in fact, the world's went down, too. A few days ago amateur heavyweight champion. Mohammedan General Ma Hung- kueh moved eastward with the 7th division. Tupan Liu Yu-feng is said to have ordered him to do so long ago, but he has refused say- ing that the support offered. of. $8,000 a month for one division was far from enough. He de- manded $30,000. At last the Tupan had to give him $10,000 and a considerable supply of feed for the horses. The attitude of the Mohammedan leaders alleged to be very doubtful. present they dare not oppose the Kuominchun, but what they are going to do if the Allies will prove victorious. is another story.

is At

KUOMINCIUN AND "RUSSIANS, As to the Kuominchun and Bolshevism, they at first were very careful, saying that they knew nothing about the Reds. And the

F:

WILLING TO MEET CARTLIDGE.

Andre Dupre, whose memor able fights with Jim Cartlidge were the feature of the 1926- 26 boxing senson, arrived in the Colony this morning; and has expressed a willingness to meet Cartlidge again on a win- ner-take-all basis.

If the arrangement is pos- sible, the Hongkong public would welcome the match-. "WANDERER.".

people were inclined to believe He has sparred with Jack Demp- that the rumours of Red influence sey Tommy Gibbons, and others in the army were due to propa well known in heavyweight cham- ganda by the enemy. But now the pionship circles, and all hold high army" have revealed their true opinions of his skill and agres-

siveness. colours. About three weeks agu General Yu Yu-ren ,passed Eagan is 37 years of age, stands through, and he was necompanied 5 ft 9 in., and weighs 12st. 121b. by four Russians, one of whom is In Sydney recently he met J. D. said to have been a General in the Brancourt, the heavyweight chan Soviet army in Russia." Then the pion and knocked him out. Bolshevik propaganda commenced. The Russians used their eppor-when it is pointed out that Bran Which sounds more remarkable tunity propagating Bolshevism and court is 6ft 10 in, in height, alirring up the people against the weighs nearly 18 stone, and has a "Imperialistic foreigners." One reach of 84 inches. of them gave a speech in Ping- lang us to the meaning of the red

disputed questions..

THE ALLIED DEMANDS..

+

culation of the Bank's notes was reduced by the value of the note. The reduction relieved the Bank

His Lordship: trustee may of obligations imposed upon it by tioned above, relate to German though the money does not belong view, the custom of the law mer The two Allied demands mense in Summary Jurisdiction even the Ordinance. Apart from that fortifications" On the eastern to him. The fact that he has no chant was also clear that a Bank frontier and the export of war material from Germany-Reuter for himself does not matter.

permanent right to use the money would pay, on either proof of the destruction of its note, or on the surrender, of the surviving por Mr. Lo replied that if Mrtions of a note which had been COMMISSIONS OF INVESTIGATION.

Brewer were a partner to-day he

partially destroyed, on the ten- The League Council has approv-would have a right in Common der by the holder of such indem- od of the following officers as Law or equity to bring the claim.nity against loss which the Bank Chairmen of the Commissions of He adin.itted that a retired partner, could not reasonably refuse. Investigation in connection with such as the plaintiff, was surety the execution of the military, 'naval for all the debts of the partner- and air clauses of the Peace ship. If he had not signed the Treaties:-For Germany, General bond. he would utfl be liable for Baratier (France); for Austria, the debts of the partners, but he General Marietti; for Bulgaria, a stood in the position of a guroty. Superior Officer of the Dutch Armyite had the right of indemnity not yet named; and for Hungary, against cutinning partners. General Bonham Carter (England).

The appointments are to date res- pectively from the termination

PARTNERSHIP DISSOLVED.

Remarking that the partnership

of the present appointments ex-of Messra. Brewer and Co. had piring in January and February boen dissolved, his Lordship con- next. Reuter,

sidered how that affected the posi- tion..

NICARAGUAN TROUBLES.

GENERAL DIAZ AGAIN ACCUSES MEXICO,

...

"In reply to questions on that point from his Lordship, fr. 1.0 said the name had not been chang- ed. The sole tenant was Mr. Pa co, but the business was stil! being carried on under the nam of Brewer and Co.

GUARANTEE SUGGESTED.

Concluding, his Lordship ten- tatively suggested that a guaran- teė be given by a corporation, of like standing with the Bank itself, to refund to the Bank the sum to. be paid to the plaintiff, if at any time within a period to be named the manager of the Bank should certify an over-payment made on genuine notes of the series to which the original note in that case belonged. That series, if not the note itself, could be iden- tified. Judgment would be given. for the plaintiff on the claim with costs.

BANK MAY APPEAL. :-.

When the judgment was read by his Lordship; it included words to the effect... that the plaintiff His Lordship remarked that it

throughout had -expressed her seemed to him that Mr. Pasco, wa

willingness to offer Indemnity the sole tenant not only by rea-which would satisfy the Bank and the Bank had expressed itself as willing to pay on an indemnity, but only on serial number of the issued note. one containing the

Mr. Potter said he had never understood there was any sug gestion of indemnity by the plain- tia. That was, in fact, contrary to the case.

The counsel and his Lordship

Managua, Dec. 12. General Dinz, President of Nicaragua has issued a manifesto son of agreement, but also by rea- re-declaring that the Mexican son of having his rent accepted. In others words the five year Government is actively supporting team had ended long ago. If that the revolution in Nicaragua, and

was so, there had been no default accusing President Culles of order in Nicaragua which will at an end. desiring to establish a political under the lease and the bond was follow the recent sinister example

Mr. Lo replied that he was not in Mexico." He also declares that inclined to argue that point. he has reliable, information that His Lordship later remarked Mexican, gunboats are about, to that he understood the position argued the point for some time convoy an armed expedition because, naturally enough, Mr-Lo-and-his-Lordship-said he derived- The Club de Recreio met the against the present conservative wanted to preserve the lease for it from a discussion in Court be- At another place one of the Craigengower Cricket Club in a regime, and concludes by appeal his tenant, but it was a point of tween the legal representatives. Russians, who. could speak mixed tennis match at the latter's ing for support from all Nicara-vital importance which was fatal However, the point would not guans and promising themi an to Mr. Brower if it was so. It affect his judgment, and he would Chineze, had done his very best ground yesterday. Craigengower equitable participation in Govern-there had been no lease, there strike it out: to persuade an evangelist not to wore beaten by 16 games, scoring mental activities. Reuter's Ameri- could be no bond. continue serving the foreigners. 118 to their opponents' 194..

can Servico. He said that he had once been a Christian preacher in Russia, but

colour, having put up a red tablet before the public.

had left that work because there

Cape Town, Dec. 12. was too much unrighteousness in Sixteen men and one woman Christianity.

from the Transvaal, all British, "The foreigners," he said, "live have been deported under the in splendid houses and havo big Immigration Act, chiefly for Illicit salaries, while you, their em-liquor selling.-Router. ployees, have to work hard for

insufficient support. Wo have the

Gospel of righteousness. Only Chinese flag is almost out of uso follow us, and you will be happy."

They are using a red flag with a Here all the have painted a big map on a large white sun on it..

In Piangliang the Kuominchun

stone, showing all the places the shops in the city have been forced foreigners have "usurped" in to make such flaga. Now all the China. A long list of the sins streets are decorated with them in

The master of the a.s. Siang Bee reports the death of a deck passon ger while the vessel was at Port, Swettenham.

J

A derelict junk floating 17 mites 7. by N. from Waglan was sighted by the master of the 8.3. Lok Sun.

TO-DAY

of the foreigners is also written commemoration of the late Doctor Dollar on demand on the stone. The five-coloured 'Sun Yat-sen.

Lighting-up

1/11 3/10 5.40 p.m.

Mr. Lo said he was prepared to argue the case on its merits apart from that, and his Lordship indi- eated that he would put the point to ir Brewer when he spoke later. Mr. Lo submitted, as his second. paint, that the plaintiff had no right to the claim, because his right was absolutely governed by the agreement which he signed at the dissolution of the partnership. He contended that the plaintiff could not succeed because he could not. bring himself within either the Common Law or Equity,

Mr. Lo'a arguments being con: cluded, the case was adjourned until 8.16 this afternoon for Mr Brewer to be heard.

Mr. Potter asked for a stay pending an appeal, and this was granted.

INTER-VARSITY.

OXFORD TWICE BEAT CAMBRIDGE.

London, Dec. 11. 68 At Farningham, in the Inter- and a half miles, Oxford bent Varsity cross-country gun of seven Cambridge by 15 points to 40,***

At Queen's Club In the Inter Varsity Squash Racquets, Oxford heat Cambridge by four matches Ito one. Reuter,

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