1927-05-26 — Page 7

Hongkong Telegraph 港電新報 士蔑新聞 All

THE HONGKONG TELEGRAPH,

THURSDAY, MAY 26. 1927.

THE WILBUR PLAYERS.

A TENANCY PROBLEM.

A SMUGGLER'S CAVE.

A BETTER STORY.

POLICE DISCOVERY ON

PENANG HILL..

O, S. K. SUED BY CHINESE LANDLORDS.

were

Two Chinese, named Lam Knu- Penang, May 19.-A large haul mow and Chan Tong, brought an of dutiablo liquor was niade Inut action, in respect of a lease of pre-night at Penang Hill, in the course mises, against the Osaka, Shosen of which revolver shots Kaisha, Queen's Buildings, Con- exchanged. naught Road Central, in the Su- preme Court this morning, before the acting Chief Justice, Mr. J. 1. Wood.

Mr. Eldon Potter, K.C., together with Mr. F. C. Jenkin, instructed by Mr. F. E. Nash, was for the plaintiffs, and Mr. I. G. Sheldon, instructed by Mr. G. S. Hugh Jones, daforded.

The plaintiffs state that by a lenag dated August 16, 1918, pre- mises known as Nos. 18, 18, and 18c Macdonald Road Wore leased by the defendants for a term of six years, with the option of a further tarfi of four years. On April 7, 1924, the premises were assigned to the plaintifs subject to the terms of the lease..

HOW MISSIONARIES WERE HELPED.

Tsingtao, May 12.

On April 8, the remaining three. Protestant missionaries left Po chow, Anhwei, in ricshas, to make The raiding party, consisted of the 40 miles to the nearest roll- the Assistant, Government Mona-way station, Kweiteh, Honan, Wo polies: Chief Detective Inspector found conditions quiet and peace-l Lucey, Inspector Fowler and Euro-ful along the way, the soldiers we. pear offleors of the Monopolles.

mct, on their way to Pochaw were At very kind and courteous. Kwelteh we were joined by Mr. and Mrs. Townshend of the South- ern Baptist Mission, and the next We boarded the afternoon" "special" that Sun Tien-ying had provided for us, with a guard of soldiers.

41

Desperate Character.

The raid" started at. six o'clock in the evening and lasted until eleven at night.

Two Chinese who, it is alleged, have been engaged in liquor smuggling for over a year, anal being a desperate character want- ed for gang robbery, were ambush ed in a doorway as they were descending the hill carrying duti able liquor to a motor-ear waiting at the foot.

Inside the Cave.

After an exciting chase lasting for an hour they were captured and taken to the police station.

The raiders then made a four, mile limb up out of the steepest and narrowest pathe on the hill to the smurriors' den in a large cave, which they surrounded and enter- ed.

Inside they discovered and took possession of 300 gallons of illicit liquor, valued at between $30,000 and $40,000.

Sequel in Court.

The plaintiffe are asking for a declaration of the defendants that they exercised the option and there. by became tenants of the premises for a further period of four years, They alternatively ask that the defendants be stopped from deny- ing that they have exercised their option; specific performance and payment of rent accrued due; declaration that the defendants at all material times were and still are tenants from year to year; the sum of $1,012.50, or general damages. In opening the case for the plaintiffs. Mr. Potter referred to the varicus issues that were raised. He said he did not think his Lordship would be troubled very much with fact, and the oral Penang, May 20-The two evidence would probably be quite Chinese arrested during the raid short. In

of un Penang Hill pleaded guilty the statement defence. the defendants denied when brought before the magis- that they exercised their opinion trate and were fined $250 each. of continuing occupation for a further four years, but the pay- ment of rent was not disputed.

One issue raised by the defen- dants was that the lease was not a lease between the plaintiffs and defendants,

the but between plaintiffs and une, Yamasaki, and alternatively that if it was a lease with the defendants, then it way illegal and void onder the Com- panies Ordinance. They also denied, that they were tenants at all, or if they were, they merely monthly tenants.

were

The defendants, continued Mr. Potter, were not now in occupation. Ou August 11, 1926 they gave notice that they would quit the premises on September 15, 1920, and from that time they ceased to occupy. The premises had not been let uguin, because the plain- tiffs maintained that the O.S.K. were still their tenants.

The engine was unhitched from the passenger train that was on the platform and our special was sent through to Hsuchowfu, with-1 out delay. This special was only a box (freight) car, but we had enough room to put up our camp cots and were very much more comfortable than we could have been on the crowded third class which we should have had to take, if we had not had this special pro-

vision.

.

A Kindly Porter. When we changed to the Tien- tain-Fukow line at Hsuchowiu, we were

Mr. Edgar Cartwright, who appears to-night and to-morrow at the Star Theatre as Patrick Shelley in "The Divorce Question," by the Wilbur Players.

POET'S CORNER,

apnin most fortunate in meeting with a kind porter who, in answer to our inquiries for second class accommodations, ad he had none but suggested that

[One of the oil tanks at Chin- Of course that we travel in the first class on the tickets we had. was a suggestion that a tip would kiang was struck by a shell and be acceptable, and we were thank- ful for such kindness. on such caught fire-but within an hour terms, for we recalled some who and a half was extinguished. had had to pay. exorbitant vitte Wireless Report.] ·

Word treated prices and still

Even in at. Tsiran to the most unkindly.

had

no transfer Kiaochow train, trouble, reaching this beautiful port the morning of April 12.

we

Refugees at Tsingtao.

our

We found some 400 other mis- sionaries refugeeing here, but some have left on furlough since then, others have gone to Japan. Our board has granted furlough to all whose furlough are due in

Referring to another letter, re- ferring to repairs, from the de- fendants. Mr. Potter said they claimed in it that they had actually exercised their option. The letter referred to the lease cana, I believe, have sent all their for a term of six years, and after single women missionaries home,

יי

If the fire was put out in an hour

and a half

The reason is not far to seek: The flesh p'raps was willing, but,

barring all chaff,

The spirit eure must have been

weak.

OBITUARY.

AN ANTI-PIRATE EXPEDITION.

CLEANING UP WEST RIVER: DISTRICTS.

Upon the arrival here of the 8. Sanling on the Hongkong-Wu- chow 'run, it was reported by men on board the steamer that early yesterday morning, while the boat and was passing the Eastern Western Marling districts, along the West River. "four Chinese gunboats and a large junk, full

of Chinese soldiers, were seen on their voyage to raid well-known pirates dens in the above-men- tioned district.

The seamen added that pirates to a great number could be seen. retreating along the hills on both

the next. two years. The Angli- DEATH OF MRS. F. W. WATTS. sides of the river-banks:

She was in her seventy-seventh

year.

Legged Problem. # Continuing, Mr. Potter said one of the first points his Lordship

We have to record with deep would he cared upon the referring to the option of a and others are contemplating the regret, the death this morning, at Would be called upon to decide

to sending home of all their mis- lease was made by the plaintify further four years went on

Extremely fond of children, the predecessor, a Chinese merchant at say, "We do not give up our right sionaries till conditions warrant 86, Bonham Road, of Mrs. Bessie Canton, and Mr. Yamasaki; man- for an extension of the lease on them returning to their stations. Watts, one of the eldest residents

ties to the little ones at ber ager of the O.S.K. He would not the above premises. We are hold-Word comes from our station that of the Colony, after a long and pain- late Mrs. Watts gave frequent par-

The late Mrs. Watts had apert

she hame at "Mayside," and say there was no rule of law that ing on to our right for a further all is quiet and peaceful, and ask-fal illness,

over thirty years in Hongkong,

a well-known and popular A would prevent one from describing term of the lease." Nothing, ing us to come back-but word

a lessce as the manager of a cer- commented Mr. Potter, could be comes from the Legation that no coming to the East in 1894, the wastes. For some time, unfortun

explicit than that. The one is to return to the interior. wife of the late Mr. F. W. Watts, tain firm, but he would put it to more

There are 12 U.S. submarines head of the firm of Messre. Deikin. ately, she had been an invalid. his Lordship, and leave it to his position was that the lease was experience to decide, that it was actually, made with the 0.S.K., and two tenders lying in plain most unusual merely as a matter and they were actually exercising sight of our residence and gives one feeling "of assurance, but of description. to add to the name of a person on a lease, that he The plaintiff's wrote a letter in the Chinese authorities here are Commander was the manager of any particular which they refused to accept that kind and careful in looking after firm.

position and actually gave them our safety. (U.S.)

G

their option.

By reason of that his Lordshipnotice to quit, contending that (Chaplain) Casy is leaving soon the and another comes to take his had at the outset a striking point they were, merely holding

tenants, place. They had a special sermen that Mr. Yamasaki" was described property 09 the manager of the D.S.K.. later the plaintiff's decided to for Mother's Day last Sunday and accept that visp of the defendants. I hear appreciative remarks from

and that would have an important bearing on a submission he would make. That submission would be that even if Mr. Yamasaki was

contracting as the lessee, he was doing so on behalf of the 0.8K so that in fact they were the real principals.

His Lordship would note that ut

18 monthly

the Marines.

The weather is cool, so that the fine buthing bench is not popular yet,

Sued For Rent.. Continuing. Mr. Potter said some money for rent became duc, and was held back because the de- Some of our number are away" rendants claimed that certain re at the North China Mission (Bap- is should be carried out by the tist) meeting just now, in session plaintiffs. Eventually the plain- at Chefoo.

the end of the lense it was signed tus sued for the sum of $3,000

That

in the first instance for Mr. Yama-being four months' rent. saki by an attorney, but that had writ was taken out against the

been strick out, and instead of 0. S. K. and not against Mr. Yama HOW MUCH DO YOU that execution there had been an saki, and in that action the defend- execution by the defendants them-ants, consented to judgment. Mr. selves. who were, of course, Potter added that at that time there described as lessees.

was no mention to the effect that

The plaintiff's attached consider the lease was void. If it, had been able importance to that change in then the $3,000 could not have been the execution, which was

recovered.

de-

liberately done. He was not sug- Referring to another letter, which gesting that it was improperly done, but it was clearly an execu- accompanied the cheque for $3,000, etion of the. O.S.K. itself," and he Mr. Potter suid they were calling would submit it was the most upon the plaintifs to do repairs by material portion of the lense, and virtue of the terms of the lease that the only conclusion his Lori- under which the premises were held. ship could come to was "that the If it had been a monthly tenancy O.SK itself were the actual they would not have made such i lessees. If his Lordship did not request, as they could have left.

-Mr. Potter went on to say that find that, then they would be in the peculiar position of nobody the plaintiffs gave the defendanta signing the lease só far as the notice to quit, and followed that up lessecs were concerned, and it was with a letter informing them of an obviously document where a increnas of rent from $750 to $962 From the answer it lessec must execute.

per month. would be seen that the defendants Option Exercised.

took up a definite position, and it Furthermore, the only persons was the only answer which could with whom the plaintiffs had dealt be given to prevent the exercising They had paid of the right to increase the rent by were the 0.S.K. the rent, and paid it on their own 15 per cent. cheques, he was instructed. The

The letter was to the effect that plaintiffs admitted they were the as they had the right to continue assignees, and in addition to their the lense for a further term of three claim that the 0.S.K. were the years at the same rent, they were lessees. that claim was made on unable to accept the increase. The their behalf by Messrs. Wilkin-effect of that answer was that there son and Grist, who were acting was still a further three years to for them. The letter making run on the option, and that there that claim, said Mr. Potter, showfore the plaintiffs had no right to od that until they gave notice to impose a 15 per cent. Increase. The qult they regarded it as an plaintiffs then accepted that posi- effective lease, and that they had tion. The rent had been paid at In fact exercised the option, and the rate of $750 per month unt!! were tenants under the agreement their notice to quit in August, 1926.

The case is proceeding.. for the full term.

KNOW?

TO-DAY'S QUESTIONS.

The following general know- ledge paper has been taken from the Daily Express.

Answers, for those who need them, will be found on Page 12 of this issue.

1-What is ambergris? 2.Who originated the term "al-

mightly dollar?"

3. What is the name of the Wagner overture in which ho combines three of the leading themes of the opern?

4. Who on his deathbed said, "I um an unconscionable time

-dying?" 6.Which day was known as the

Ides of March? 6.-In what part of the world is it

no time at all? 7--What is a petition of right? B-How many people does the

Albert Hull hold?

9.-What is the distance from Ion-

don to Paris? . "

10. What Grecian doctor wrote a bock which is still used by students of medicine? 11.-Who Is the Public Prosecutor? 12-How many bones are there în

the human body?

13. What was the world-famous book that was destroyed in manuscript and had to be rewritten?

14. What is the world's finest!

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