1930-02-11 — Page 7

THE HONGKONG TELEGRAPH.

TUESDAY, FEBRUARY 11, 1930.

FURNITURE.

A JURISDICTION QUERY.

HOTEL BUS MISHAP ACTION.

“SHANGHAI SHARE HULUTAO HARBOUR POLICE SEIZURE OF

DISPUTES:

BIG CLAIMS BEFORE COURT.

SEQUEL TO GAMBLING IN EWO STOCK.

JUDGMENT GIVEN.

After hearing brief argument on the part of counsel, Judge King ordered pleadings.

* PROJECT.

DUTCH COMPANY SECURES THE CONTRACT.

BIG SUM INVOLVED.

on

OWNERSHIP OF PROPERTY TO MAGISTRATE UNCERTAIN OF MR. JUSTICE WOOD RESERVES

BE DECIDED.

INTERESTING ACTION.

The seizure of furniture during

a removal formed the subject of

HIS POWERS:

JUDGMENT.

CONFLICTING VIEWS.

POINT CLEARED UP.

- A novel point arose during a

The

Mr. Horace Lo appeared for the with an gifence committed on the plaintiff and said the plaintiff was high seng on a British ship.

►

the

Car,

the

bus, owned by the defendant company; at Happy Valley. The defendants filed a counterclaim in- respect of damage to their vehicle.

morning after which Mr. R. A.

POWELLS

10, Ice House Sireet.

D

FOR

PYJAMAS

that will give

REAL COMFORT

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and a

LASTING SLEEP. Your selection is easily accomplished- from the stock we have just received. We also make to order.

Viyella Flannel... Tricoline Trimola Silk

(Nett) $13.50

Union

7.50

13.50

8.50'

*13.50

12.50

.8 50

4.00

the

Sea Island Cotton "Atlas" Pyjamas

Nanking, Feb. 5. The Ministry of Railways"

Pulsne Judge reserved officially announced today that an action in the Summary Court case before Mr. Whyte Smith, at judgment this morning in the contract had been signed

this morning when Tang Kam- the

case in which Chuen Hon-san, the January 24, 1930, at Tientsin be sang claimed $302 from Mr. and

Kowloon Magistracy this owner of a public motor tween

the Poi-Ning Railway Mrs. Chan So, 124 Wanchai. Road, morning, when his Worship exclaims $844 damages from Administration and the Nether in respect of furniture which, pressed doubt lands Harbour Works Co. of plaintiff alleged; had been wrong-jurisdiction in dealing summarily collision between his vehicle and at having the Hongkong and Shanghai Hotels Garage Department following, a Shanghai, Feb. 7.

Amsterdam, Holland, providing fully detained. Three actions growing out of for the completion of the Hulutao share transactions on the Shang- or project by the latter firm for

the sum of G.$6,400,000, Generala hai Stock Exchange were Kao Chi-yi, Managing Director of Denison, Ram and Gibbs. He had draughtsman in Messrs.

The case was one in which an brought before His Honour the Pei-Ning Railway Administra been living at 46 Lf Tung Street, unemployed Chinese was charged Judge G. W. King, O.B.E., in tion, acting under the instruction together with his brother and a with larceny from a passenger of

Further evidence was taken this H. M. Supreme Court yesterday of the Ministry of Railways of distant relative named Tung Ab morning.

the National Government and the Ngai. Plaintif moved from the

Wadeson, for the defendant com- 8.8. Kut. Sang of a leather The largest was that brought by amervision of the North-Eastern premises on January 2, an amah pure containing a draft for $400 on the plaintiff to show that the pany, submitted that the onus was Mr. Victor Gensburger, against Commission of Communications, taking charge of the work of re and a draft for $70, and, alter defendant was negligent. The which signed on behalf of the. Pei-Ming moving the furniture, in the natively, of receiving the drafts only affirmative evidence of this Mr. Meyer Shibbeth involved Tix. 71,536.82 Mr. M. | Hallway Administration while the absence of plaintif and his knowing them to have been stolen which had been given was that the Render Harris appeared for plain-Netherlands Harbour Works Con- brother at work, and of the dis-, or unlawfully obtained. tif and Mr. Ronald C. McDonald pay was represented by Mr. tant relative, who was away from

bus was being driven at an "for the defence.

Robert de Vox, their general re- the Colony.

Detective Sergeant Kellett said excessive speed and that It drove presentative for China,"

When plaintiff returned after the offence was committed after into the car. That was The works to be done under this his work he found several people the ship had left Singapore. The evidence of the driver of the contract consist of the construc-in the house, who told him they complainant went on board on the public motor vehicle. tion of a breakwater, quay-wall, were polleèmen. and were in pos- morning of the 4th Inst, and at 4 On the other hand, witnesses .comtruction pler, and retaining session of the premises. The p.m. he found that the two drafta; called by the plaintiff hnd dykes; the dredging of a harbour amah would be called to say that which he had kept in his trousers expressed a contrary opinion, to basin and an entrance channel, the people went to the house while pocket, were missing. The follow the effect that the car drove into reclamation of low grounds and a

the furniture was being removed,ing, evening the defendant was the bus. They were not eye- part of the foreshore; and the stating that they were policemen found hiding under the anchor witnesses, but they formed that

xenvation of Pan Laa Shan and and that the master of the house winch and the drafts were found opinion after the accident. Kao Liang To Tou. According to owed money. The furniture was on him.

Mr. Wadeson also pointed out; the terms of the contract, the removed to a certain firm and the.

His Worship remarked that he the effect that the plain.iff's that evidence had been given to Netherlands firm premises to carry anth obtained a receipt, alsoj

not quite sure if the had put the execution of the works giving one, more or less ander

jurisdiction to deal with the case witness for the plaintiff had also er had. defective brakes. A immediately and to deliver overcompulsion, in return.

Mr. Lo said that the plaintif did summarily, the offence having said that from the evidence he the whole of the works to the Pei- Sing Railway Administration, be- not owe the defendant money. been committed on the high seas. could find after the accident the fore October 15, 1985, or within

Detective Surgant Kellett re-plainiff's driver must have seen five and a half years from the statement and said that the plid that the offence was

woman, the distant relative, had mitted on a British ship.

com-the bus in a position in which an date of starting actual work.

accident was almost certain to no furniture In the house. Arrangements for Payment. Upon signing this contract, the

Cross-examined by Mr. F. C. E.

His Worship said what he was occur when he was at least 58 feet Rendall, for the railway administration will deposit

defendants, getting at was whether he could away.

For the plaintiff, Mr. F. C. E. a sum of $1,000,000 local currency plaintiff denied that the woman was deal with the case summarily or with a Chinese bank to be mutually the widow of his deceased brother, whether it had to be tried by in-Rendall suggested that when he BUW an accident, was inevitable agreed upon, to the credit of thee also denied that the fumiture dictment. It was not like a piracy Hulatao Harbour Reserve Fund. belonged to the woman, Tung Ahwhere he could not take the the plaintiff's driver did all in his The contract sum will be paid by Neal, and stated that the furniture depositions, and, If there was a power by putting on his brakes. the railway to the contractor in was left, to him by his mother when rima facie case, he could send Mr. Rendall contended that if the monthly instalments of G.$95,000. he died seven or eight years ago, the accused to the Sessions. He bus driver saw the car when it Within three days of the date of He denied that the furniture was and not, however, locked up any was 70 feet away and coming at a signing this contract, the contrac-left to Tung Ah Ngai by her de-authority on the point. There fast speed he should have exercis-

ceased mother,

was not the slightest doubt that ed care and waited for the He admitted in reply to further there was jurisdiction in the approaching ear to gut clear of quests, that she was connected with Colony, but the point was whether the private road into which he, several Money Loan Associations he had got it.

the bus driver, was turning. He but said-dhat if she owed money to

failed to take reasonable care. contended that the bus driver had

Statute of Limitations. The gult is the result of alleged share transactions in 1929 and counsel for plaintiff said that two promissory notes were held by his client in the amount named. The defendant's affidavit pleaded Statute of Limitations.

Pleadings were also ordered in the action of Shalimoon, Reynell and Co., members of the Shanghai Stock Exchange, against. Mr. Gi. II. Charleton. Mr. Tycho Wing appeared for plaintiff and Mr. M. Reader Harris for defendant,

Mr. Wing said that the action -had to do with an improperly

endorsed cheque,

udgment for Tls. 23,237.8 was given plaintif in the action of Mr. J. Rosenfeld, a member of the Shanghai Stock Exchange, against Mr. M... Salomon, In respect of cerlain whare transactions in 1923 which defendant, who appeared on his own behall, went on at some length to explain to His, Honour. Mr. M. Reader Harris appeared for plaintif

|

for provides a banker's guarantee to the satisfaction of the railway administration amounting to $500,- 000 silver dollars) as a special guarantee for the fulfilment this contract.

Scandalous Matter Alleged.

At the opening of the case counsel for plaintiff asked the case to be adjourned one week as he did not wish certain clauses in the adavit to be rend aloud berauise ther were seandaloua and irrelevant. Judge King could not should be see why the +231

of the works this account and adjourned on

Defendant addressed the court and said that he had soil Ewos short and had lost a lot of money At the time he was an employée" in a commercial house and the brokers "pestered me to get the business."

Defendant said that

Were

|

|

of

Plaintiff corroborated. Mr. Lo's

相

4.

It

Mrs. Chan Se it was her responsibil-until the law officers of the Crown His Worship adjourned the case It is further provided in the | ity,

Reserving judgment, His Lord- contwet that the railway ad- Mr. Rendall said his case would were consulted, and, on the case.

being mentioned. later, was ship sald he wished to consult the ministration may within the coin-.

be that a woman called Lam Po stated that Section 63 of the authorities, and indicated that he tract time open the Port of informed the defendants that Tung Magistrates Ordinance invested might take expert advice 218 he Hulutno and

Ab Ngaf was absconding and that the Magistrate with the power to was not a motorist. # completed as a result Mrs. Chan So and other deal with the case. portion

creditors went to the premises. At

use

for com-

สาน ภ

His Worship mentioned that the.

LOCAL RADIO.

INTERESTING AND VARIED PROGRAMME TO-DAY.

musical ones, but

gramme.

there will be a

agreeable to both. If any dipules The case is proceeding.

the whole series of dealings on the ministration and the contractor as Stock Exchange gamble and I knew the price of Ewas was not justified by the corsings so I sold them and i ask that the judgment be set aside as the whole affair was a gamble and I was innocent.” 4- Jodge King:-Ah, 1 see. I note here that you made del in Shanghai Cottons which netted "you'n profit.

Defendant:Yes I made Tls.! 18,000 on Cottons but I never got it It was all a big xâmble and 1| am innocent. 1 lost the Tis.

"nid that he could hear the ease efeial purposes. The contractor that time the furniture was already had. since the adjournment, rend

without reading the afidavit willkconform, according to the

agreement, with all the laws and on the sidewalk and because Mrs.. aloud, which was done.

regulations of the Chinese Govern-Chan-so could not find Tung Ahat particular section but. his mrent. If either of the contracting Nga she reparted to the police trouble was the concluding word- parties or both should fail to fulfil station and a detective was sent of the section, which stated

The detective that the accused in such a cas the obligations imposed under the to the premises, contract the two parties will en- would say that he stopped the re-Was to be, brought before a Magis

trate to answer to the charge, An interesting programme has deavour to come to an agreementoval, of the furniture.

und to be further dealt with been compiled for to-day, and will be according to law. He thought broadcast from the Government he did not know at the time that arise between the railway. adcidents, in which 13 persons were that meant that the nitrused shont Station. The main items will be zu before him in order that he Children's Talk, and a Chinese vro- big to the interpretation of the con- (killed and 250.Injured. *

"tract, the question shall be decided In the secidents for last month, should take the depositions and, if by a Commission of Arbitrators.otor vehicles figured in 664 in-ecessary, commit the man to the

Sessions.

Broadcast "on 355 Medres. stances. Bicycles, which This Commission shall be com

Detective Sergeant Kellett in- posed of three members, one of never-ending source of worry and

5,00-5,30 J2.11. European Pro- them to be appointed by the rail participated in 166 accidents, in 65 said he thought his Worship could courtesy of Messrs. Anderson Music trouble to the traffic department,timated that Mr. Somerket Fitzroygramme of Columbia records by way administration, one by the contractor within two weeks after of which the cyclists were found to take the case under Section 63 of Co. given written notices, and the

the Magistrates' Ordinance. have been at fault. third by agreement between the hand-cart accidents last month. Warship said he thought so too." After considering the point, his

haps, and two in bus accidents.

In answer to the charge, the de- Rieksling figured in scores of decl-fendant said he had found the denta, more than 50 rickshas coolics purse and kept it. were more or less injured, chiefly. His Worship accepted a plea of day of delay in the completion and rickshas were damaged..

for every slightly, however,

A number of not guilty and heard the evidence. and delivery of the works to the

The case is proceeding. Chinese Government, within the time-limit stipulated in the contract.

18,000 in other deals.

#

Whole Thing a Gamble, Defendant said further that as the whole thing was a gamble and "influential brokers ran it. I would never get any profit if I made one" to which Judge King took vigorous exception as did counsel for plaintiff.

Defendant:It is well known that there was wild gaming and

other two.

It is also stated in the contract that the contractor shall pay to the Chinese administration $1,000 Csilver dollars) as liquidated and ascertained damages

The Ministry, af Railways has approved this contract. Actual engineering work will begin soon as weather permits.

18

many Innocent people were hurt. SHANGHAI STREET

I don't see why I should suffer,

because it was gambling. Any- way I would never have got out with a profit.

Mr. Harris said thut'in view of the statements made by the de- fendant he felt it wise, in the │.. interest of his client, to produce as evidence the contructs and counter contracts of Mr. Rosenfeld which would show that in no transaction hnd Mr. Rosenfeld acted as principal. In each case he was merely a broker and acted as such. His only return from the dealings of defendant was in the regular line of commissions.

Judge King said that the con- tracts would not have to be pru- duced as there was nothing in the affidavit which could prove that plaintiff was anything but a broker and conducted his busi- ness. in a most honourable way.

..

ACCIDENTS. »

OVER 800 OCCUR DURING JANUARY.

FOURTEEN KILLED.

Shanghai, Feb. 6, Since January 1; 1930, there have been nearly 1,000 street ac- cidents in the International Settle- ment, figures compiled "yesterday. by the Traffic Bureau of the police revealed. The number is a start- ling Increase over the correspond- ing period of 1929.

During the month just ended, 830 accidents, in which 14 persons met death," were reported to the Settlement police. In one instance. the driver of a motor car was at Last week's health return shows fault and was convicted in the Pro- 36 fresh cases of small-pox, with visional Court. In 12 instances. 37 deaths from the same disease, the deceased were found to have There were also 49 deaths from been at fault. The responsibility „tuberculosis, five from malaria, for one accident has not been de two each from diphtheria and in-termind. fluenta, and one from typhold. January accidents, the figures Non-fatal cases were one each of disclose, resulted in injury to 381 carlet fever and cerebro-spinal persons. During January of Inst fever.

year there

were 776 atrect ac-

เ

Three persons

were

killed in

Two were killed in tram-eny mis-

"Besond floor, please."

I

"Rondino," (Beethoven-Kreisler), "Melodic," (Gluck-Kreisler),

Violin Solo by Yeli D'Aranyi, "Good News-The Varsity Drag," "Good News-The Best Things in

Life Are Free,"

Layton and Johnstone. "The Road to Loch Lomond,”

(Tolchard Evans), "Napoli," (Wallace and Scarperla), J. II. Squire Celeste Octet. "The Old Rugged Cross," (Bennaro), "We Will Talk It O'er Together

Bye-and-Bye,"

Morric

McEwan. "Rubinstein, March," (Bidgood). "Happy Warrior, March," (Kahl),

The Regimental Band of H. M. Grenadier Guards. 5.30-8.00 pm. Aunty Lelty, Aunty Kathleen and Uncle Jack, will enter- Lain the Children,

6.00-7.00 p.m. - European Pro-

gramme of Columbia records by courtesy of Messrs. Anderson Muale Co.

"Martial Moments-March Medley,"

(Arr. Winter),

The Regimental Band of H. M. Grenadier Guards. "60 Tired," (Little and Sizemore). "Cuckoo (You remind me of a naughty

spring time)"

Florence Oldham, with a Piano,

"La Screnata (Angel's Screnade},"

(Braga (wit).

"Serenade,"

3. 1. Squire Celeste Octet. The Business Man's Love Song"

(B. C. Hillam}, Optimist And Pressimist,"

Flotsam and Jetsam, "Concert Waltz In A," (Glazounov). "Witches Dance from "Lovill,” **

(Puccini),

The B. B. C. Wireless Symphony Orchestra.

"The Minstrel Boy," "Thank God For A Garden,"

Tom Burke. "Wishing And Waiting For Love." "Tin-Tos Thra' The Tuling With Me," Fred Rich and His Orchestra, "Bitter Bweet-Vocal Gems,"

Columbia Light Opers Company, "Ogul Mogul-A Kanakanese Love

Lyric The Tighest Man I Know"

Billy Bennett. -7.00-p.00. p.m. Experimental pro-

KTAMMO,,

9.00-10.50p.m. Chinese programmé relayed from Ho Shing Theatre,

10,80. pm. Close down.

རྟ་

B. V. D. Sleeping uit

We allow 10% Disßount for Cash. INSPECTION INVITED.

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Supporting Cast includes Molly O'Day

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trill you ever had!"

LEATHER KID

MUI-TSAI CASE.

WOMAN CONVICTED OF ASSAULT.

Loki was before the Court on a Charge of assisting in the assault. The latter was eventually ined $5. whilst the voiman was fined $25, of one month's hard labour.

During the case, it was stated There was an interesting, ease by the girl's father that he sold at the Central Magistracy yester- the girl to the woman, by reason day. before Mr. Hamilton, when a of poverty, for $110; She was to Chinese woman living at First be a wum, po tear and eventually to Street was charged with assault marry the accused's small son. ing a mui-tsai and also with being Further evidence showed that in possession of the girl without the accused woman assaulted the registration: Mr. H. R. Butters, girl with a slog, the youth assist. of the S.C.A. prosecuted, and Mr. ing her. & Mr SADAMAS T. G. Bennett défended.

The second charge against the The accused's husband was also woman was dismissed, whilat she charged, but was discharged dur-was convicted on the first, which Ing the proceedings, whilst a was amended to one of common youth employed by the woman as a fassault.