1930-03-03 — Page 12

12

THE

HONGKONG PENÍNSULA · HOTEL:

HONGKONG HOTEL: REPULSE BAY HOTELI

PEAK HOTEL

AND

SHANGHAI

ASTOR HOUSE: PALACE HOTELI MAJESTIC HOTEL.

HOTELS

LIMITED.

in association with the Grand Hotel Das Wagon Lits, Peking.

Hotel SAVOY

The Newest and Finest Hostelry in THE Colony

Convenient ... Cosmopolitan

KOWLOON HOTEL

KOWLOON.

Under the Personal Supervision and Attention of

Phone Nos.

K. 608 & K. 609.

Mr. & Mrs. H. J. WHITE, Cables KowLOTEL*

Hongkong.

PALACE HOTEL.

Tol, Kowloon No. 3.

Tel AddressPalace."

A First Clans Besidential, and Tourist Hotel with all the Con.

Unde Entirely European Management, venicnoss of a Home. Lounge and Billiard Saloon. Three minutes from Ferry, Families specially

catered for. Moderate term.

Mr. J. H. Oxberry,

Cosy

Proprietress.

Cables:-

EUROPE EUROPE

After dinner dancing every Tuesday, Thursday

and Saturday.

Singapore.

HOTEL

SINGAPORE

Grill

THE EUROPE HOTEL LTD. Arthur E. Odell, Managing-Director,

RUNNYMEDE HOTEL-PENANG

"MALAYA'S NICEST HOTEL”.

With beautiful private lawns to the Se

MODERN THROUGHOUT

Dinner-dance twice weekly

RUNNYMEDE HOTEL LTD. George Goldsack.

CABLES, RUNNYMEDE.”

TO-DAY to WED.

Manager,

at 2.30, 5.30, 7.20 & 9.20.

"THE PRIVATE

LIFE of

HELEN of TROY"

AT MAJESTIC

THE

NATHAN ROAD

KOWLOON.

Printed and Published for the Proprietors by FREDERICK PERCY FRANKLIN, at 1 and 8. Wyndham Street, in the City of Victoria Hongkong,

THE HONGKONG TELEGRAPH, MONDAY, MARCH 3, 1930.

OFFICE BOY SENT

TO PRISON.

STOLE WATCH FROM FIRM OF STOCKBROKERS.

FOUND RIFLING SAFE.

ANOTHER APPEAL HURRICANE HAVOC ↑

,י

HEARD.

REGISTRAR'S AWARD

DISPUTED.

ARGUED TO-DAY.

An office-boy employed by THE PO HING THEATRE CASE Messrs. Weill and Co., stock- brokers, of Exchange Building, was sent to prison for three months by Mr. Grantham at the Central Police Court this morning for the theft

of a watch, valued at $300, belong-JUDGMENT RESERVED. Ing to Mrs. Weill, the principal of the firm,

Mrs. Weill stated, in evidence, that the watch was stolen from a which safe, the combination of must have been known to the boy, as she had opened it many times

in his presence.

Mr. S. A. Ismail, a clerk, stated that he had occasion to return to the office on Friday evening. On entering the outer office, he per- ceived the figure of a man silhouet ted against the glass partition which separated it from Mrs, trader, he unlocked the door, to Weill's office. Suspecting an in- discover the accused standing by the safe, the door of which was wide open.

Mrs. Well, who was called in later, looked over the contents of the safe, and found them intact ex cept for a watch, the loss of which she reported to Detective Sergeant John Murphy the following morn ing.

3

in the presence of the police, the missing watch and safe-key which had been lost the previous week, were recovered from under- neath a counter, the hiding-place having been first indicated by the accused.

Mrs. Weill stated that the man had been six months in her m ploy.

RED OUTRAGES AT LUNGCHOW,

(Continued from Page' 1.)

IN FIJI.

TWENTY PEOPLE PERISH IN .FLOOD DISASTER. «.

CROPS SUFFER BADLY.

London, Mar. 2..

The Colonial Office has received from the Governor of Fiji (Sir Murchison Fletcher) information regarding the hurricane which on the 11th and 12th December. Passed through the group of islands It is known that twenty people perished in the floods and that five others are missing. The compara- tively small loss of life was due to the splendid rescue work carried out by volunteers.

The prompt measures taken by the District Commissioners and the Central and Local Relief Commit- tees for housing and feeding the people rendered temporarily des titute also, undoubtedly minimised the loss of life, especially amongst young children.

The Full Court of Appeal, consisting of the Chief Justice (Sir Henry Gollan), the Judge of H.B.M.'s Supreme Court at Shanghai (Sir Peter Grain) and the Puisne Judge (Mr. Justice Wood) again sat in the Supreme Court this morning in order to consider an appeal against the result of an enquiry conducted by the Registrar, Mr. C. D. Mel- bourne, on mesne profits and Hing Theatre. The appeal was seriously affected, but the coconut damages in respect of the Po made on the grounds that Mr.plantations suffered, and copra ex- Melbourne, in making the in- ports will be reduced for some time. vestigation, exceeded the limits The banana plantations were parti- cularly hard hit and in many cases of the Order of the Court.

completely ruined. Originally

Hundreds of cattle were destroyed brought by Chan Wai, No.. and widespread damage was done Nathan Road, Kowloon, against to native food crops. Considerable Ma Tau-nam, of the Polling damage was done to buildings, Theatre, Kowloon, lessee of the roads and bridges.-British Wire- theatre.

an

action

was

The sugar cane crop was not

Plaintiff claimed Te-less. overy of possession of the theatre, account of rent. Grrears, for an for mesne profits and damages, and for breach of lease conven- ants that defendants would not make material alterations in, or additions to, the premises without the written consent of plaintiff.

On this action, judgment for plaintiff was given by consent for recovery of possession and costs, and the parties agreed to an order that an enquiry he held by the Registrar as to the amount of mesne profits and damages, this being $1,355.27. Defendant to-day appealed against the Registrar's

allowed to communicate with them.decision.

Eventually, all four foreigners. the ladies. Dr. Rice and the Rev. Stott, were marched empty hand- ed out of the compound by an armed guard bristling with knives

Lease of Theatre.

MARION DAVIES.

EXCELLENT TALKIE AT THE QUEEN'S.

The present attraction at the an all- Queen's is "Marianne," talkie picture featuring Marion. Davies.

As the little French blonde who mothers and capably handles the crowd of rough-necked "dough- boys" whom the machinery of war has thrown into her way, Marion Davies excels herself. Her char acterization of the role is marked by real dramatic ability, and ex- This morning. Mr. F. C. Jenkin,cellent support is given by Ukelle and Benny Rubin. for defendant-appellant, outlined Ike, Lawrence Gray the early history of the case, say

"Marianne" is being shown until to-morrow. They were taken to the prison, ing that plaintiff leased the where they found M. Cadet confin- theatre to defendant for three ed. All five were kept under Chinese years at $1,000 per month. guard until the 'Workmen's Coun- After pointing out that alterations cil" had decided what should be and additions made to the premises done with them. What transpired did not result in the licence at the "Council" meeting is not issued by the Inspector General known. Perhaps one of the patients of Police being. withdrawn, treated by Dr. Rice in the previous said that the Registrar issued week or some friend of the mission his certificate on September 7, ladies, pleaded for them.

and Mausers.

March to Frontier.

No-one knows, but after some time, the doors were opened and the live foreigners were marched across the bridge and along the

road towards the frontier.

A platoon of 50 men were de tuiled to escort them.

Hour after hour they walked. the Women stumbling wearily along, not daring to lag behind. Their lot was harder because they had been unable to get normal exercise for some weeks, being unable to leave the compound owing to the trouble.

For many hours the whole party was kept without food or water, while the soldiers themselves made

hearty meals of rice.

Ladies' Experience, When night fell they shared a room in a village with the soldiers, sleeping on bug-infested straw.

1929.

་

he

The Registrar found that $5,000

mesne

October 5, 1928 was for the furni- ture and fittings of the theatre, but February 5, 1929, the lease in the statement of claim, for the theatre itself. They were distinct

subsisting, but were, at all material times,

Was

Proper Account Wanted. was paid to plaintiff in respect of Mr. Jenkin admitted certain de- a deposit of $7,600, referred to in tailed items, but on other items the lease, and that a promissorye urged that if they were claim- note for the balance, $2.500, was able as damages at all, they could recovered ая special deposited. He found that the pro- only be missory note should be returned to damages. Certain items paid by defendant and that the amount of plaintiff had nothing to do with damages and

profits was breach or mesne profits. Defond- $1,355.17. Judgm it was entered ant was quite prepared to pay in pursuance of that certificate on plaintiff what he was entitled to, September 9, 1929.

but defendant wanted a proper Counsel stated the Registrar was account to be taken between them. only empowered to enquire as to Mr. Sheldon opened his address what plaintiff was entitled to by speaking of the procedure to be against defendant in respect of adopted in the case of an appeal damages and mesne profits, and it from a Registrar's decision. would be incompetent for the Regis- trar to go into what was owing by defendant to plaintiff apart from

that.

Unusual Case.

Mr. Jenkin remarked the case was unusual because although judg- The villagers were, of course, ment had been entered against his terrified and completely cowed by client for $1,355.27, he would have the Red soldiers. In the morning, to submit that judgment should Dr. Rice was able to secure half-have been entered for much higher a-dozen' eggs which they induced sum.

swallow raw

He

said it was quite clear that the order consented to by both parties was that plaintiff was entitled to judgment for recovery of posses- sion of the premises and an en- quiry by the Registrar as to mesne profits and damages and costs to be taxed. His submission was that the only relevant document before the Court was the writ of summons.

Registrar Unfettered.

The

In reply to Sir Henry Gollan, the lady members of the party to In the enquiry, he continued, the Mr. Sheldon said his point was Registrar went wrong in at least that the order was absolutely un-, On the second day, when Miasthree different ways. In-the first limited and referred to the Loudwell and Miss Lucas had place. he awarded to plaintiff items endorsement on the writ. It was reached the end of their tether, the which would never be recoverable as a perfectly general order. soldiers commandeered some ram mesne profits or damages and were statement of claim had nothing shackle carts and carried them not referred to in any shape or whatsoever to do with the appeal, the rest of the way.

form in the statement of claim. and the Order was such that the The Registrar also dealt with a Registrar was entirely unfettered. He added that his submission lease which was entirely different to the lense in question which was that referred to in the statement of claim. He had also adjudicated on items owing by plaintiff to de- fendant and had taken an account

. It was extremely fortunate, for earlier in the day, the party had

been alightly to the rear of their guards when a shower of bullets whistled over their heads, from the brigands who live in the caves in the mountains.

Fears Confirmed.

At this point, M. Cadet observed a book lying on the side of the road. He picked it up and dis- covered that it was a volume

between the parties, although he

was not authorised to do so.

Promissory Note Issue.

The promissory note question was belonging to the French priest, an important one which might be Father Barriere, this confirming heard more of later, but defendant's

would be that the amounts were clearly damages arising from appellant's breach specific covenants of lease in making alterations and additions.

of

Mr. Sheldon said that although it was quite true there was no set-off, a set-off had been allowed under the Section,

Sir Henry Gollan pointed out that po set-off had been arranged and it seemed to him that the-Regi strar had gone outside the authority

his fears that the priests and the case was that he had paid: the full given to him Customs Commissioner had been $7,500 in cash and had never seen Mr. Sheldon said the Registrar captured by bandits when making the promissory note before. The had to find what damages the their way to the frontier.

Registrar had no power to ad- plaintiff had suffered. He had 'found that 2 curtain sum, This would no doubt have been judicate on the point. the fate of Dr Rice and his party

Counsel continued that defen-$6,000, should be given. Had the Registrar, then, to certify

Finally they arrived at Lang son, the frontier post, where they were treated with the greatest kindness by the French Resident. Later they proceeded by train to Haiphong.

If it had not been for the guard dant's name did not appear on the that he would recover to that ex- provided by the Communists!

through his solicitor, against the not be correct to say that he had note and he protested very strongly, tent from the defendant? It would Registrar deciding the point, but recovered against the defendant. the Registrar went into it against that protest.

Sir Peter Grain said the Regi strar had found: what, was due bé: After dealing with authorities as tween the parties, whereas he was Jenkin, is reply to Sir Henry the judgment. to what mesne profits were, Mr. asked to find what was due under

Gollan, stated that a lease on The Court reserved judgment.

word of the fate of the children It has been impossible to obtain

loft in the Home at Lungchow,

MA CH'S Ist. SPECIAL!

ALL

TALKING - SINGING SENSATION!

Marion

DAVIES

THE American public votes Marion Davies its favourite comedienne, and this picture presents 1001 laughing reasons why!

in

with

LAWRENCE GRAY

UKELELE

IKE

MARIANNE

Metro Mayer

A ROBERT Z Goldwyn

LEONARD production

PICTURE

DON'T MISS THE SONG HITS! “MARIANNE," "When I see my Sugar," "The Girl from Noofchateau," "BLONDIE,”

14

'JUST YOU—JUST ME"

"Jolie Fifi" "Oo-la-la! Oo-la-la!"

AT THE

TO-DAY & TO-MORROW

QUEEN'S A 2.30, 5.10, 7.15 & 9.20.

LON CHANEY

AT THE

WORLD

LAUGH CLOWN LAUGH

With

LORETTA YOUNG

TO-DAY & TO-MORROW At 5.15 & 9.20 only

SOME OF THE GRANDEST SCENES EVER PRESENTED ON THE SCREEN!..

CASANOVA, THE PRINCE OF ADVENTURERS

With

IVAN MOSJUKINE EUROPE'S SCREEN IDOL AND STAR OF "MICHAEL STROGOFF"

Unrivalled for gorgeous settings, thrilling sword dueli, novel lighting effects and brilliant acting

SUPERB COLOUR SCENES?

AT THE

STAR

FINAL SHOWINGS TO-DAY

At 5.80 & 9.20