1930-08-28 — Page 7

FORMER BAR BOY CHARGED.

ALLEGED OFFENCE ON THE RAILWAY.

TALE OF A TICKET.

MOTOR LIGHTER

INCIDENT. »

THE HONGKONG, TELEGRAPH.

THURSDAY, AUGUST 28, 1930.

CALCUTTA "TOTE” THEFT.

COURT SUMMONS IGNORED.

CHINESE CRUSHED BETWEEN CAR & WALL

MANAGER AND ASSISTANT ARRESTED.

· DRIVER ABSCONDS.

Serious injuries were suffered

tor.

INDIAN UNREST CONTINUES.

MOTORIST LEAVES THINGS TO FURTHER BOMB OUTRAGES IN

CHAUFFEUR.

Chinese was summoned

CALCUTTA.

DEFIANCE.

CONGRESS

Calcutta, Aug. 27. An examination of the frag- ments of the bomb thrown at Jorabagan police station, show that it was of the same type as those thrown at Sir Charles Tegart.

GIVES EXPLANATION. PROCEEDS STOLEN.

Mr. Jackson Doo, a Calcutta, Aug. 19, A youthful Chinese, Chan Chu, appeared before Mr. Whyte by a young Chinese who was crush- The latest development in the big motor-car owner, Smith this morning charged with ed between a motor car and a wall theft from the Calcutta Turf Club before Mr. Lindsell this morning having sold, a third class ticket at the Kowloon Godowas yester- is the arrest of Mr, F. Binning, the and called upon to explain "how from Canton to Kowloon to.. a day morning whilst the vehicle European manager of the totalisa- he had seen it to defy the orders of the Court" by disregarding an from the Chinese lady, Chan Yuet-tsoi, for was being unloaded 55 cents, without being authorised lighter after having been brought This followed an elaborate "re-injunction that he personally at-

According to witnesses, an un- by the administration of the Rall- from Hongkong.

construction of the crime" which tend in court on a previous date- was carried out by the police, under when a summons against him for auspicious looking taxicab pulled way and also with having unlaw.

up at the gate of the police fully used one third class ticket

the direction of the Commissioner; a motor offence was mentioned.

It was stated that a chauffeur who station, an explosion was heard, for a journey other than between

represented Doo in previous pro-and the taxi drove off before Canton and Kowlcon. The

ceedings was directed to call the there was a chance of identifying offence was committed on August

attention of his employer to the It. No arrests were made. necessity of a personal appearance 26...

in Court. That appeared to have been ignored, and Traffle Sergeant Baker, on instructions from the

Mr. 1. B. Trevor, traffic man ager, said that the defendant was at one time employed on the Rail- way as a bar He travelled

It is understood that the car had been consigned to the Duro Motor Garage from Messrs. Gil-after the races on Saturday. man & Co., with instructions for a driver from the former establish- ment to take delivery.

On the arrival of the lighter at the Kowloon Godowns, the driver had not put in an appearance, and

A cable of Aug. 12 stated:-The Calcutta. Police are perplexed over the mysterious theft of Rs. 123,000, the whole proceeds of the totalisa tors at Saturday's races.

The money was taken in steel

Russell Street and placed in a safe. When the safe was opened on

but only one is a hospital case, Five passers-by were injured,

in the compound of the Magis- The police station is situated

Another Outrage.

desert-

Calcutta, Aug. 27.

on the down Canton express on of the lighter drove the car of office of the Calcutta Turf Club in defendant and conveyed to himed at the time.-Router.

He ran it against the morning of August 26 and was the crane. seen to slight from the train at wall in front of which a young Shum Chun. This was contrary Chinese was sitting, the man be to the regulations, because held a ticket from Canton to Kowloon direct. The fare was $1 only, but the fare from Canton to

Shum Chun was $2.30.

being crushed and seriously injured. The man who had been driving the car later absconded and on the arrival of the driver from the Duro Garage almost immediately afterwards the car was backed from the wall, the victim of the accident being rushed to Hospital.

Just before the arrival of the evening train from Canton, the defendant aold the ticket to a Chinese lady. When alighting from the train in the morning he had not handed his ticket to the collector.

He was arrested on the evening train by an Inspector after the train had left Shum Chun and it was found that he was travelling. without a ticket. As a result of the lady's auspiciens when she made inquiries whether the ticket she had bought was correct the defendant was detained and was identified the next morning by the lady.

Chan Yuet-tsoi, the Chinese lady, said that she went to Shum Chun on the morning of Augusti 26. About 7.15 in the evening she was approached by the defendant and asked if she wanted to buy a ticket.

The train came in and seeing the defendant she asked him for the ticket, and he handed it to her and went away.

As the colour of the ticket was different to the one she usually bought she went to the sation staff and made in- quiries and was told that it was a Canton-Kowloon ticket and not available.

PROPERTY ISSUE DECIDED.

(Continued from Page: 1.)

establish either which would "imputed notica" or "constructive notice" to the appellant or his agent, that the son Li Nga had no beneficial interest in the 1917 assignment.

Nor was the negligence sufficient to give the 1917 assignment priority over the 1929 mortgage.

Further Contentions.

Monday morning it was found that, while the safe had not been tampered with and the trunks were apparently untouched, the latter contained lead instead of money.

It is believed that the trunks were substituted at the race course before being loading.

There has been a sensational se quel to the theft in the arrest of Mr. G. O. Durham, assistant, total isator manager at the Turf Club, on a charge of criminal breach of trust as a servant. Further deve- lopments are expected.

£700 JEWEL FRAUD ALLEGATION.

RUMANIAN SUBJECT HELD

IN ENGLAND.

the Court's order. Under that order, Doo was to have attended yesterday, but he did not do so, Doo explained, that he WES Ignorant of the facts attendant on the offence with which he was charged, that of leaving his car unattended in Gresaon Street on the night of August 9th-10th. His

chauffeur had since explained-to him that the hire garage in Gres- son Street in which the car was usually kept was untenable on ac count of the staircase being under repairs.

He did not even know that the car been moved out into the street, this being done on the initiative of the garage owner and on the latter's own responsibility.

Sergeant Baker confirmed. Doo's statement, adding that there was also a second car left outside the garage.

Concluding his case, Doo said that as he had not been in touch with the facts and 88 his chauffeur appeared to have them at his finger tips, he (Doo) had thought that he might safely leave his chauffeur to set out the case in Court.

Brighton, July, 19. An arrest in Cardiff last night had a sensational sequal at Brighton to-day, when a Rumanian subject,

His worship accepted defen- Jacob Bercovitch (53), was charged with stealing, by means of an al-dant's explanation; but warned him leged bogus diamond trick, with that a summons from the Court another man not in custody, the must be obeyed at all times. sum of £700 from a Brighton shop- keeper, Mr. Isadore Grunhaus.

Mr. T. J. Owen, prosecuting on behalf of the police, said Berco- vitch, who described himself as a Canadian, became friendly with Mr. Grunbaus, and last April in- troduced another man, who said he was. a Russian who had just come from Russin.

It was further argued that under the 1917 assignment the son Li Nga was clothed with apparent authority to dispose of his moiety of the property by reason of the statement in that deed that the son had paid $16,000 as the con- sideration for the assignment to him, and that consequently the present respondent was estopped from denying that his son had a beneficial interest in the property. It was also argued that if the 1917 deed was in the nature of a She looked round for the defen- resulting trust it should have

After some "mysterious con- dant but he was not to be seen. been registered in some form in

said Mr. Owen, the The next morning she identified addition to the registration of versation," the defendant in the office

Russian produced from beneath his at the assignment deed in 1917. Kowloon in the presence of Mr. After giving Sir Henry Gollan's waistcoat a small bag containing Trevor and two others. She had law quotations, the Chief Justice what appeared to be valuable and Mr. recognised the defendant because said "the witness was cross-ex-diamonds. Bercovitch she had seen him before.

emined and it appears to me on Grunhaus agreed to go halt in the A ticket collector, Luk Kim-reading the evidence that his purchase of the diamonds, but as was unshaken. More-Bercovitch had no money at the hung, then testified to the fact testimony

of the time, Mr. Grunnaus paid the full of having seen the defendant over although the son alight from the morning train witness was a party to the case, £700 to the other man. without giving up his ticket.

being one of the 'defendants, he Further hearing was fixed for does not come to give any evidence

and one must therefore August 30.

STINKING AIR OF PARLIAMENT.

assume

that he accepts, as well as his co- defendants, the statements made by Li Fo-kwai, the plaintiff."

Not Resulting Trust. Under these circumstances it would be impossible for this Court to over-rule the finding of the judge that the assignment was a resulting trust.

(Continued from Page 1.), independant and judicious survey

His Lordship then dealt with the of the provincial administration of the Government. Its President question of registration, saying it has the rank of Minister, but had been found as a fact that the though not an actual member of 1917 assignment created a result the Council of Ministers he is re-ing trust and that that Dasign- sponsible to the Diet. This, comment had been, registered. Con- bined with the voting power of the sequently he held that there was Diet, and its right to set up Com- nothing further to register and it missons becomes a powerful check was outside the Ordinance No. 1.

of 1844. on the Government,

Whilst in local matters executive The learned judge in the Court power is exercised by bodies. com- below finds that there was gross posed jointly of representatives negligence on the part of the ap- of Local Councils and representa-pellant and his agent in not calling tives of

administrative for the production of the 1917 authorities of the State, in econo-assignment, the memorial of which mic matters a special provision in appeared on the register, and that the Constitution (Article 68) es- that negligence was sufficient to tablishes a Supreme Economic postpone the legal estate of the Council representative of various appellant (then defendant) to the economic interests which co-operate equitable rights of the respondent with the State in economic mat (then plaintiff). ters.

the

Revision of the Constitution is only possible if at least half of the number of deputies and senators fixed by law are present: a two- thirds majority is necessary for this

in once purpose. But

every twenty-five years the Constitution may be revised in accordance with the decisions of a simple majority of Diet and Senate sitting jointly as a National Assembly,

£1,758,000 FORTUNE.

ESTATE OF THE LATE LORD SEFTON.

After quoting the facts and law regarding this point, his Lordship stated: "I consider that the groas negligence in this case is quite sufficient to support the decision of the learned judge below and therefore uphold his decisión va

this point.

Estoppel Point.

¿

Fakes Discovered. Before buying the diamonds, Mr. Grunhaus went with the other man to several local jewellers. The Russian took from the bag two or three stones which were valued at about £100 each.

They were evidently real dia- monds, continued Mr. Owen, but Mr. Grunhaus subsequently dis covered that the rest were fakes.

By this time Bercovitch and the Russian, who gave the name of Smirnov, had left to catch a boat which they said was lying in the Thames. Nothing more was seen of either of them until Bercovitch was seen in Cardiff.

DROUGHT RELIEF IN

AMERICA.

ARRANGEMENTS FOR LOANS TO FARMERS.

Washington, Aug. 27.

A third bomb outrage occurred. this morning in the Eden Gardens police station.

A policeman and three Public Works coolies were injured, all being sent to hospital-Reuter.

་

Many Arrests.

Delhi, Aug. 27, Practically the whole Congress Working Committee has been President arrested, including V. J. Patel, ex- of the Legislative Assembly, who arrived with others yesterday to hold a meeting of the Committee although it had been Proclaimed an unlawful assembly.

-Reuter.

Fifteen Sentenced....

Simla, Aug. 27. been arrested and sentenced to Fifteen Congress leaders have four months' rigorous imprison- ment for forming a procession to celebrate the Indian "national flag day."

The police, armed with lathis, several times charged the crowds accompanying the procession, and several persons were injured.-

Reuter.

RADIO AND CABLE SERVICES.

"(Continued from Pape 1.)

maximum facilities could be pro- vided for the whole Empire. He appealed to individual Colonial The establishment of focal cre- Governments not to consider the dit corporations to act as inter-comprehensive scheme" indepen mediaries between the drought- dently, as if it affected only their stricken farmers and the inter-own particular territories and no been other. mediate credit banks has

Sir Edward Davson, representa- formally approved by the banking representatives on the relief com- tive of the Colonies and Protec- torates on the Imperial Communi- missions of over a dozen States.

The farmers will receive loans cations advisory Committee, ex- from the intermediate credit bank plained the functions of this Com- on the endorsement of the local mittee. Its essential characteris- a step credit corporation which will tie was that it constituted charge two per cent, above the in the development of the machi- rate charged by the intermediate nery of imperial co-operation, în in the nature of a bank, which is now four per cent. that it was -Reuter's America Service.

clearing-house, where as far as possible the conflicting interests of each part of the Empire in the matter of communications could PLANE CRASHES INTO be adjusted so as to secure that

STANDS.

AMERICAN NAVAL AIRMAN KILLED.

or

the advantages to be derived from ia unification of imperial com-i munications should not enure to any one particular Dominion Colony, but should be equally dis- tributed as far as circumstances might permit..

Adjustment of Rates.

Chicago, Aug. 27. As a result of a naval pursuit Detective-Sergeant Pelling said plane, while stunting, crashing

Mr. F. W. Phillips, who repre- he saw Bercovitch detained by the into the stands at the National Air

Races, apaval airman, named sented the General Post Office, Cardiff City Police at Cardiff..

When the warrant was read to J. P. Deshazo, was killed and an said that he considered that the spectator seriously Communications Company had a very valuable field of work with him he replied, "I will say nothing." unknown Bercovitch then turned to Detec- injured. tive Dwyer, of the Cardiff Police,

Several other spectators had very sound prospects, in spite of The con- the difficulties necessarily encoun. and said. "What I can't under very narrow escapes.

immediately stand is how you found out where fusion was short-lived, as the tered in its early stages. With re- started gard to the question of rates, he was. Did you get some informa- officials

another event. The voice of the considered that the best policy for He afterwards asked, "Did the announcer was heard from loud the future would be to bring the speakers, and everything con- rates to various parts of the Em- man say I stole £700?"

When charged, he made no reply. tinued as if nothing had happened. pire into relation with one an- other; thus the rate for Kenya He was remanded, an application-Reuter's American Service.

would be governed by the rate be- for ball being refused.

tween Great Britain and South Africa.

tion?"

In this case, all these elements are missing. The appellant and his solicitar never saw the as- signment and there has not been the slightest evidence that the re- spondent intended the statement of consideration to be acted upon. Indeed, he always kept the deed fa

LORD BEAVERBROOK BETTER.

In reply to questions, Sir Basil Blackett explain that, while the Company was ready at any time to consider the question of taking over the internal communications services of a Colony on suitable terms, it expected to be given a "first refusaj" only in the case of London, Aug. 27..

external services. He thought Lord Beaverbrook, who was that it would be safe to say that food poisoning the activities of the Amalgamated

SOON RECOVERS FROM HIS INDISPOSITION.

It has been also argued on behalf his own possession and no-one saw of the appellant that the respon- tation must be the proximate cause whilst on a yachting holiday, has Wireless of Australia in Fiji

it but himself. The misrepresen-taken 11 with dent is catopped from denying that his son had any beneficial interest of the altered position. I

am now recovered

from his in-

in the property by the fact that therefore of opinion that the argu- disposition. Neuter. on the face of the assignment is ment of catoppel cannot be main- set out the fact that the son had tained in this case.

paid $16,000 as consideration for

:

Appeal Discaissed.

In less than three months, the admitted that the problem of island of St. Kilda will be com pletely deserted.

It was

would fall within the sphere of in- fluence of the Imperial Communica- tions Advisory Committee. He secrecy in the transmission of an-wireless messages had not yet been The judgment concluded:"Inounced at Inverness that arrange solved, either for telephony or have heard nothing to cause me to ments have been practically com- telegraphy. But to set up estoppel it is neces- disagree with the judgment of the pleted for its evacuation in sary that certain events occur and learned judge below. Therefore, September, when 27 of the 37 in-

The friendly lawn bowls match are proved viz: intention that it I hold that this appeal be die habitants will go to Hull, and

others to Skye, Glasgow and In-arranged between the Kowloon a settlement' Bowling Green Club and the Kow-

the property assigned and par, 532- Volume 13 of Halsbury's Laws of England is cited.

London, Aug. 27. The fortune of the late Lord Sefton, the well-known sporting Peer, who died on June 16 at the should be acted upon and was in-missed with costs. age of 59,

has been proved at tended to be acted upon, that it Sir Joseph Kemp and Mr. Justice verness under £1.758,000. His large estate. at was acted upon and that the per- Wood read their own judgments in scheme. There are also 1,200 loon C.C. for to-morrow has been son who did not upon the repre- the matter, both deelding that the sheep on the island and a round cancelled. The Bowling Green are sentation thereby prejudiced his appeal must be dismissed with up of them in the autumn is pro- due to play the Recreto in a league

posed. position.

Liverpool included the Grand National Racecourse.British Wireless.

Costs.

game.

POWELL'S

10, Ice House Street.

DURING THE REMAINDER OF THE MONTH WE ARE OFFERING ALL OUR WOOL

BATHING COSTUMES

at $10.00 each.

Usual prices range from $14.75 to $25.50.

Call and make your selection early as the best ones are bound to go first.

LADIES' and MEN'S

included.

All Sizes from 32" to 46a.

ARTS & CRAFTS

COLOURED ETCHINGS, WATER & OIL COLOUR REPRODUCTIONS.

AUTOTYPES AND

PHOTOGRAVURES.

A LARGE COLLECTION OF INEXPENSIVE PRINTS TO SELECT FROM:

MOULDINGS FOR FRAMING TO SUIT ANY TYPE OF PEINT:

ARTS & CRAFTS LTD.

(Incorporated in Hongkong).

1-3 Wyndham St.

(8.0 M.P; Bldg.) Phone 24173.

AFTER

BATHING

ERY'S

Gube Block

NUT MILK

CHOCOLATE

CARTET

FRY'S

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