1928-07-03 — Page 7

THE ANTIMONY ORE DISPUTE.

CASE TAKEN TO THE

FULL COURT.

WAS THE ORE OF REQUIRED

STANDARD?

TO-DAY'S 'ARGUMENTS. In the Full Court of Appeal, in the Supreme Court this morning, before the Chief Justico, Sir Henry Gollan and Mr. Justico

HAPPY AMERICAN RE-UNION.

WIVES OF US. MARINES.

PASS THROUGH.

About two hours before the sal-

ing of the s.s. President Taft from Manila, we are informed, an American transport arrived from San Francisco with an exelted crowd of the wives and children of U.S. Marines stationed at Tier-

tain and Shanghai,

Many of the women have not scen their husbands for over digh- teen months, while a number of the children will see their fathers for the first time on their arrival in China.

་

THE HONGKONG TELEGRAPH.

RECKLESS DRIVER

FINED.

PROFESSOR DIGBY'S NARROW

ESCAPE.

TRAMCARS HELD-UP.

The chauffeur of car No. 216 appeared before Major C. Willson this morning, when traffic sum- monses for the week were taken by the Magistrate, on a charge of obstruction of the tram lines at Causeway Bay Road,

TUESDAY, JULY 3, 1928.

POLICE RESERVE.

ORDERS FOR CURRENT WEEK.

The H.K. Police Reserve Orders by the Hon. Mr. E. D. G. Wolfe, [CM.G., Captain Superintendent of

Police, state:-

SEVEN MONTHS IN] CAPTIVITY.

VICTIMS OF DARING PIRACY RELEASED.

Searching of Polles Reservists. PIRATE LAIR RAIDED.

The following order issued to the Regular Force by tho. Hon. C.S.P. Is published for information ture by pirates, the crew of a Boven months after.their cap- of Police Reservista :--

Memo No. 1029 Official Badges, Cheungchau Ashing junk which Police Reservista. With reference disappeared from local waters to- to Memo 165 of the 31st. January, wards the end of last year, have 1928, dealing with the issue of just returned to the Colony. They Oficial Badges to Police Reservists brought with them a remarkable Traffic Inspector Alexander told on qualifying as fully trained account of their adventures, his Worship that on Saturday members of the Police Reserve, the night a collision took place be- C.S.P. notes with regret that his tween two cars, Nos. 216 and 162 instructions that every assistance on the tram lines of Causeway Bay be granted to suck Reservists is the driver of car No. 216 was The Police are hereby notified that asked by an official of the Hong-In future all Police Reservists kong Tramways Limited to move wearing such badges will be en- his vehicle so as to allow the titled to exemption from search tramcars to pass but this the de-except by a European Oficer.

On the night of December 9, it was, stated, they were in a small fishing craft, of about 1,000 plculs to proceed to Lo Mong, in Heung- capacity which left Cheungchau

salt fish, valued at over a thousand dollars, and a crew of six.

The large party was hurried on Jacks, an appeal was commenced board the President Taft, and a Road. The defendant who was not being carried out satisfactory shan. It had on board a cargo.of against a judgment delivered by happy re-union will be an event the latter in September last year in Shanghai and Tientsin in a few in a case in which Moasrs. John days, Batt and Company, Limited, Lon-. don, sued Mesara, Silva Netto and

Company, Hongkong. for damages "MUI TSAI" CHARGED. fendant refused to do, resulting for breach of contract.

STOLE HIER MISTRESS'S CLOTHING.

British waters, it was fired upon While sailing off Shekoochau, în

from a small junk and was com (Sd) ED. C. WOLFE, In the trams being held up for

pelled to heave-tó, while-five pir- Capt. Supt. of Police.ates boarded her from the other over half an hour. The defendant

Hongkong, 29th June, 1928,//

craft. The pirates took posses- stated that he was waiting for a Police Training School.

alon of the fishing junk and spiled policeman to arrive before The weekly classes for Police towards Heuneshan. would move.

Reservists at the Police Training Mr. J. H. Simmons, a traffic In-School, Kowloon, will be held on

ha

The victims were landed at a village called Lo Kam, to the cast

Powell

Telephone C. 4578.' 12, Des Voeux Road.

THEIR

CLOSING

Starts

Ltd

SALE

TO-DAY

when the entire stock will be offered at

33% Discount

off all goods in the

kong Tramways Limited, in the sharp. spector employed by the Hong-Wednesday, July 4th. at 6.00 pm, of Masne. They were then taken Ladies' and Furnishing Departments.

All members of the inland to the rates' encampment;

."

One of the captives, a man, named Li Kwai, who was part- owner of the fishing junk, died forced to undergo.. from the hardships which he was

On June 15, Chinese soldiers at-

The London firm claimed $895.26, being the equivalent in Hongkong currency of £100 58, the balance due on the sum of £203 48. 3d., damages ascertained on May 19, 1926, alleged to have been suffered childhood by her mistress, a young After being brought up from by the plaintiffs by reason of Chinese girl, who some ten years witness box said that he was on Chinese, Indian, and Flying Squad and for several months were con- Breach of contract by the defen-age was cold as n mui tsai, was the Causeway Bay Road near the Companies who have not yet pasa-nued in a small hut. dants for the sale of antimony brought before Mr. W. Schofield at scene of the collision at 0.40 p.m.ed Part 2 of Training Course must ore. The contract was stated the Kowloon Magistracy this mor- on June 30. The incident look attend. to be contained in two cables.

ning on a charge of stealing sev place near A. King'o alipway and Mr. Justice, Jacks, after eral articles of clothing from her witnesa asked the driver of car

Chinese Company. prolonged hearing, gave judgment mistress, at No. 318, Nathan Road. No. 216 to move off the tram lines Company to be detailed by the Advanced men of the Chinese for Messrs. Silva Netto with costs.

Inspector Marks, who prosecut but defendant refused, insisting 0.C. will parade at the Police This morning the appellants, Mesra, John Batt and Cos were ed, informed his Worship that the that the cars were not to be shift Training School, Kowloon, un tacked the pirate encampment, and represented by Mr. F. C. Jenkla, girl had been with her mistressed until a policeman arrived. The Wednesday, July 4th. at 6.00 p.m. in the brief fight a number of the were not removed until a sharp for Extended Order and pirates were killed while the re- instructed by Mr. L. R. Andrewea, since childhood and this was her cara

first lapse.

policeman eventually arrived. of Mosars, Johnson, Stokes and

Baton drill under Inspector Pater-muinder fled, leaving their cap. Master, while

His Worship imposed a fine of son. Dresa-Myfti, Rine, Side- tives behind, to be freed by the The mistress, In reply to his the respondents, Messrs. Silva Netto, wore re-Worship, intimated that, she had $10,

arms, and Truncheon to be carried, soldiers. They returned to the The driver of public ear No, 300 presented by Mr. C. G. Alabaster, ne desire to retain the girl's ser-

All recruits of the Chinese Com Colony during the weekend. waa charged with soliciting for pany will parade at Central Police Messrs. Silva Netto, wore repro- vices. sentted by Mr. C. G. ́ ́Alabaster, K. His Worship bound the defen-Passengers in Chater Road and Station on Thursday, July 5th, at C., instructed by Mr. Leo'D'Almada, dant over on a personal bond of license when called upon by and Rifle Exercises under Serg.

also with refusing to show his

15.30 pm, sharp for Squad Drill $50.

police officer to do so. To both Condon. Dress-Mufti. charges the defendant pleaded Members of the Chinese Com- guilty.

pany to be delalled by the O.C. Mr. C. P. Marcel made a state-will attend at the Kennedy Road ment to his Worship in regard to Revolver Range on Sunday, July the charge of soliciting. He sold 8th. for the advanced Revolver POLE V. SCISSORS.

was speaking to friend Course under Inspector Booker, en-Firing will commence at 9.00 a.m. Both showing signs of a recent trance of Alexander Building sharp. Dress-Mufti. combat, the master of u barber The defendant moved out of the shop and his foki, appeared before rank and waited with the car

Mr. Jenkin explained that the parties had been in commercial contact for some years prior to the contract on which the present dis- pute arose. As a result of that contract they had, for their own convenience, a reforence that was called a pro forma order to which the parties would refer by cable to terms of proposed contracts.

Ore Rejected.

BARBERS FIGHT.

he

at the Chater Road

.

EUROPEAN'S DEATH

IN RIVER.

SINGAPORE POLICE OFFER

$200. REWARD.

The Singapore Police are offer- a reward of $200 for reliable Information regarding the death of the. unemployed European F. Indian Company."

Crawley, who was found drowned Strength-Constable R252 Y, J.in the Singapore River on June 16, with a wound on his head and his' In the present case the ore was Mr. W. Schofield at the Kowloon facing Alexandra Building until Khan is permitted to resign as wrists bound across his cheat. this morning on Mr. Marcel had finished speaking from June 22nd. to be shipped from Hongkong by Magistracy

Crawley had told" people to Messra, Silva Netto to London, and charges of behaving in a disdrder- Mr. Marcel then asked the driver

All recruits of the Indinu, Com», what he wanted and was ore which was said to be in con-ly manner by 'fighting.

pany will parade at Central Police whom he went for money that he to asked by the driver take Station on Thursday, July 5th. at elde, but the position of the head ed up" and contemplated sul- It was stated that the quarrel originated over some money mat-that he did not want

replied 5.30 p.m. sharp for Squad "Drill wound and other details suggest ters and that the master used and took the defendant's number. [under Sergt. Condon. Dress-that Crawley was first struck and tour pole while the foki resorted to fine of $10 was imposed and for Mufti,

formity with the contract was duly shipped to London. In the mean time, the appellants had entered into a contract for the re-sale of

11 car. Mr. Marcel

矗 car

a pair of scissors, each inflicting the count of refusing to produce

the fight,

was

then tied and flung into the river. Flying Squad.

Crawley was last seen in Hi!] The weekly Instructional patrol Street at about 2 and on the mor-

Mesars, Hallett and Sons claimed wound to the other's head during his license, his Worship imposed of the Hongkong Section will take ning of his death, and his body

the ore to Messrs. Hallett and Sona. On arrival, however, that the ore did not answer to the contract and that it contained an inordinate amount of oxide. That, although they had 75 tons of ore, they had not got 75 tons of ore that could be described as antimony sulphide ore because of the amount of oxide.

Both defendants were ordered to he bound over on bonds of $560 to he of good behaviour for one year.

I

imposed an addition fine of $5.

Negligent Driving.

4

A fine of $20 was imposed on

Sharpshooters' Company.

place on Thursday, July 6th. Fall was found at 6.45 a.m. Death had in at Central Police Station at 5.15 apparently not occurred more than five hour prior to the discovery, the driver of car No. 460 who was .m, sharp, Dress-Khaki, found guilty by his Worship of

so he must have met his fate very The regular fortnightly revolver soon after he left Hill Street. It negligent driving.

Professor K. H. Digby, giving practice will take place at Kennedy is thought that he must have been Lady Bayley, wife of Sir John Bayley, founder and formerly prin- evidence in the case, said that on Road Range on Wednesday, July seen by others between the time of Mr. Jenkin went on to refer to cinnl of Welington College, Shrop- June 21 at 4.50 p.m. he was driving 11th, at 6.00p.m. Members will his leavin Hill Street and the time

to Stanley and the Incident assemble at the range with re- of his death. cables and letters of the corres-shire-now Wrekin College-has occurred near the first house bevolvers, holsters, and belts. Uni- pondence which passed between died at Torbay, aged 72. The parties in which Messrs. Batt

yond the bridge at Repulse Boy, form optional,

suggested to Messrs, Silvi Netlo

building on University-The road was winding at the spot

that the dispute could be settled avenue, Toronto, in which Mary when he observed car No. 460 by a suitable allowance of about Pickford was born, has been pur-suddenly appear in an opposite

(Sgd.) W, KENT, A.S.P.

Adjutant,

4 per ton, Messrs. Silva Netto, chased by a syndicate, who pro-direction on the wrong side of the there would have been no time.to however, took up the altitude that

pose to erect an hotel bearing rond. they did not, believe the claim was her nume, on the site. justified as the goods shipped were In conformity with the contract,

Arbitration Award. Eventually, continued counsel, the respondent suggested that the matter be arbitrated upon as he was confident that the ore shipped

Mr. Waller Tapper has been, elected President of the Royal Institute of British Architeclects for a second year.

was correct. "That is the tenor af tween the parties, Mr. Silva Netto the defendant's song all the way accepted a letter from London say- through," commented Mr. Jenkin, ing that the contracts were iden "That he shipped no oxide at all.tical in respect of the ore, and that, That is his case in a nutshell," therefore, the identity of the con- would be evident by the correspon- tracts was, accepted. The con dence that Mr. Silva Netto was not tracts were for good merchantable taking up the position that he wasulphide ore without any stipula- under no liability at all, expect for tions na to percentages of oxide one reason, which was he believed and antimony.

·

that he had, in fact, shipped the Counsel went on to say that they ore which was ordered. Mr. Silva

had obtained a copy of the contruct Netto had said that he was pre-between the two London firms, pared to settle the case if the claim which had been shown to the other was justified.

side; who would mit agree to it, so that there would have to be evid- "re-as to whether the two con. tracts were the same.

Mr. Jenkin went on to say that the matter was arbitrated upon in London and an award was made.

The award found that the ore

Mr. Jenkin. further said that supplied did not constitute good delivery against the contract and Messrs. Batt credited themselves that the buyers were entitled to with money they held for Mr. Silva roject or accept it at a reasonable Netto and sued in the, Hongkong allowance. The allowance was Summary Court for the balance. worked out, added Mr. Jenkia, which resulted in a figure of £187 being awarded to the buyers and five guineas costs.

The Contracts,

Case, for Itespondent,

Mr. Alabaster said that at the trial they called four witnesses to prove that they had supplied good merchantable sulphide. Mr. Silva Continuing, counsel" said that Netto was able to produce samples Mr. Silva Netto was dissatisfied [of the shipment and another wit- with that award as he was con-ness showed samples taken before vinced in his own mind that the the ore was shipped. It was prov- proper ore had been shipped and ed, outside the correspondence, could not understand how the that good merchantable sulphide of presence of so much oxido had 55 per cent, antimony was suppli- been discovered in London. In a ed. letter to London, Mr. Silva Netto

க

asked for the terms of Messrs. Mr. Albaster dealt at length with Batt's contract with Messrs. Hal- the question of the contract, say- lett's, as affecting the ore. Mr. ing that the circumstances of

ankin emphasised that point as contract were of vital importance Important and said that in the cor- when finding if there had been respondence, which was agreed be a breach at all,

avoid a head-on collision.

His Worship: What did the en-coming ear do?

The Professor explained that there was something wrong with the earburettor of his ear and that

Witness: It swerved,and avoid- he could not proceed at any more ed me but did not stop. than 10 miles per hour as a con- After hearing the defendant his sequence. If the car had been Worship imposed the fine as stated travelling at 20 miles per hour, above..

They can't expect much work out of me for a while, I'm resting

reating up for my vacation."

In the

Gentlemen's Department

we shall hold our

ANNUAL SUMMER SALE.

HONGKONG REALTY & TRUST Company, Limited.

HOUSE AND ESTATE AGENTS.

PROPERTY BROKERS.

TELEPHONE C. 6291.

EXCHANGE BUILDING

E. HING & CO.

SHIPBUILDING MATERIALS, SHIP CHANDLERS HARDWARE MERCHANTS. -CENTRAL No. 1116.

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