1931-05-08 — Page 7

SEQUEL TO FATAL ACCIDENT.

FLYING CLUB FINED AND CAUTIONED.

CORRESPONDENCE,

Mozart Concert.

[To The Editor of Hongkong

Telegraph.]

THE HONGKONG TELEGRAPH, FRIDAY, MAY 8. 1931.

|BANK TO BEGIN ACTION

FOR $360,000.

(Continued from Pape 1.) .. as to whether the account will be evidence in the issue without fur ther proof. Both draft isnuda an- sume the recounts as starting point.

these cheques in reliance on these credite as well as on reliance on the Pecurity.

Important Element.

RADIO BROADCAST

"PLAYBOY OF PARIS" TO

BE' RELAYED.

The radio programme to be broad- cunt by Z. B. W, on a wavelength of 355 metres to-day in:

If so, we have one element which is important in considering the ense, 1.c., that the creditings, which are admitted, were drawn against, I am aware, of course, that the de- Sir, l'ermit me to write a few

fentiant has suggested that the AC- MOTOR OFFENCES.

lines On Mozart ún the ocen

count was really operated for the slon of his 175th anniversnty The parties take different views use and benefit of the former com- Arising out of the recent faint of his birth which is being of those accounts. The defendant pradore of the defendant, but that accident in which Mr. W. celebrated all

over the world.says that the accounts properly is denied and I must assume húro Hawes, of the Hongkong Flying I'm glad to see that Hongkong does include seven reversal entries and that it was an ordinary account. Club, was involved, three sum-ot remain behind, and has arranged show a sum of $500,000 as due, and

Another point which is imports, t 5.00-7.00 p.m. Chinese Programme, monses against Mr. It. H. Beddow, Mozart concert at the Helens that it is for the plaintiff to aur in several of the case is the ques 7.00-0.30 p.m. European Pro Secretary of the Chib, were men- May Institute on May 11th, and charge and falsify, and that, there- tion of whether the credit in ques-gramme of Victor records kindly sup tioned before Mr. Hamilton at the I'm sure that all lovers of music fore, the onus is on him. He furton had been communicated to the tied by Messrs. Tsang Fook Pinno Kowloon Magistracy this morning. will be present at this festive or- ther says that all reference to the customer. If the plaintiff did muka Co.

casion.

seven credit entries, which were or authorise the deposits, he would, The summonses accused Mr.

course, know of them, and Beddow of failing to notify the

wrongly made: might properly have of been smitted, and that in that indeed, large deposits do not change of ownership of the motor

event the onus would clearly have appear in a castomer's ordinary car belonging to the Flying Club,

been on the plaintiff. The plain account without his knowing of failing to fit a signalling de

tiffanys that the accounts proper about them. The fact that the vice to a left hand drive, and of

the reversal entries defendant dis not question the stop before allowing an unlicensed driver to

which, he says the short he deposits, but allowed the plain use the car on the public roadway.

no right to make, and a de- bit of only $139,000 with which he agrees. He says, accordingly, that the onus is on the defendant to justify the reversal entries, If

Mr. H. C. Macnamara appeared for the Hongkong Flying Club.

So much has been written about Muznet whose lovely compositions will live forever. As we know, hardly a concert of serious music is given anywhere in the world in which Mozart is not rapresented.

We are lucky enough to have a here, Gonzales, good quartelte Evelie. Rosario and Szente, who have selected the "i. Major" Hls Worship:---I understand the Quartetle, one of the jewels pollee wish to apply for the| Mozart's amendment of the name of the de- fendant to the Hongkong Flying Club7

compositions, full of beautiful.

meloge. sweet * Truc, every one of Mozart's quar- tettes have a magic effect; yma Sergeant Clark: Yes.

hear every one of the players, and His Workship:You have cafeach Instrument seems to become objections to that Mr. Macnamara? alive with the soul which over- powers you with the beauty of harmony.

Mr. Macnamara: Thal was my suggestion.

Two Points

included

the seven

I agree with the defendant that he properly. reversal items in the accounts died, because what he had to supply was an account showing what was due, and, on his view of the case, the

to draw against them, would

communication that the eredit mount to the equivalent of actual entries had been made. It will be noted that there was no reversni until September 30.

"There is also definite prime fecic evidence of communication in the plainti0's aidavit, which was filed during the bearing of This affidavit was the appeal. objected to, but we held that it was admissible without any leave. larger sum was due. I do not

We held this on the construction agree with him that he might proof section 610 of the Code and on peng

have omitted the seven credit

the nathority of Norton v Comp entries, and so the reversal entries also, because I think that such an-

27 b. 392, and 11. 7182447 fellness, how the result is arrived Company (1888) 58 L.T. 361,. at, and the onission of the seven credit entries world have been misleading.

Ouus an Banker.

7.00 p.m. Stock Quotations. 7.02-7.20 p.m.

Vocal Gema from Tales of Hoffman (Offenbach). Mignon (Thomas).

the Operan.

Victor Opern Company. 35975. Aids (Verdi). Victor Light Opera Company. 35040, Trie in D Minor (Schumann).

7.20-7.35 p.nt.

Alfred Cortot-Jacques Thibaud- Pablo Casals. M62. 8.00 p.m. Local time, weather re- port, etc.

7.53-8.23 p.m. Waltzes. Carmen Sylva-(Ivanovic, Eva Waltzen (char-Scott).

International Novelty Orchestra. 35984. Vatso De Concert (Glazounow). San Francisco Symphony Orch. 6826. Love and Spring (Waldteufel). Magtime (Young-Rotberg).

#6030.

Nat Shilkret and the Victor

Orchestra. You Forgot to Remember.

R.25-8.43 p.m. Organ Selor,

The “ Minur" Trio, a musical His Worship:---In any case they

treasure for pinto. violin zond were wrong. I think if they want cello rout not be produces if we did ed to summon anyone they should unt have a muster like furry Ore counts should show, with reasonable Spencer v. Ancoats Value Rabber Valencia. have SEMMIÐANË Mr. Shenton. What's

it ab about? 1 understand

to play the pinnes. Prot, Gonzales the siol. and an "xpert the summonses are admitted?

vello player like Mr. Szente, and Mr. Maemanara sald the motor

I'm sure that it will be a great pleasure to all of us as lovers of chamber trfo,

ACTISH.

|

years

muse to sten to trim

**

a

en in question was simply used by the Flying Chal to tow arroplanes on the Club's ground, and Instrue tions had been given that it should not be taken out anfer any ireum- Mrs. Samer will Ming stances. The question did

Vailehen" The Whalet1 which arise, but the authorities and Mozart composed when he was to thought that it was no oftence if

old.

"Cherubino's the Car Were Used

private Air" from "The OTS

Marrings of ground to which, the public had no hear." The greatest and most

That point had not been popular

CVPT written; fully gone into, but it did not arise Mrs. Bowes Smith will

[13 in the present instauce.

"Susanna's Air" from "Marriagy Pursuing the point further, Mr. of Figaro" which we all know and

which is always a joy to listen Macnamara drew his Worship's at- tention to a case at Hane, Grimhth v. Studebaker, in which a driver of The latter Company had been given definite instructions not to carry more than two people on a traiters licence, a well-known condition at Home. The driver had disobeyed these instructions and the Con-ongst pany was held responsible for the offence.

WIN

The reason why the car taken out in the present vase was becaus the heavy rainfull had made the ground marshy and the driver thought it was impossible to drive the car acress; he took it out on to the rondt.

to.

This secures a programme of great merit which will be greatly appreciated by everybotly, for un- fortunately, up to now we have had very few treasings to listen to good ehrenber music.

Mozart is certainly the greatest the genuises of music. His music is different to that of all other enmposers; it is heavenly harmony. Mozart's music seems us if he would smile while tears of gladnas How from his eyes: that's why when you listen to any of his compositions you feel like crying with happiness.

Mozart was a wonder child, for. when only four years old, he con

three Minuettes 38tl

and one

Mr. Marnagara asked his Wor-Allegro which stands out even ship it to be too severe on the

now among musical compositions. Flying Club because the offener Leopold Mozart, the father, travel had been emnitted unintentional-tea with his child all over the

ly. They could not. under the Continent, and everywhere he was law, piend not guilty.

His Worship said he proposed

admired.

musical world

raved about him, but the child

In any case I think

Bartopé 354170kathletZIRAKIRANE.2||NTED14./ZUBONDOLKEZ

"TELEGRAPH" ART SUPPLEMENT

Muny Sports Pictures To-morrow.

A Jeature of to-morrow's issue of th Telegraph Art Supplement will be the widu variety of sporting pictures. dealing with recent Ivval fix.

אירגון!

There will be several photo- graphs of the singles and doubles tennis finals, as well as of the presentation of prizes. together with a selection of last Saturday's Race Meeting.

The commencement of the Lawn Bowls League season will also illustrated.

Or special interest also will he pictures taken at Nanning during the recent aerial raids, one showing how the civilian population suffers when bombs are stropped.

or

I havis carefully considered all The cases efted, and I think that the result of them, expressed In terms of anus, may, for the pur- pose of this ense, be stated thus: When a banker credits a customer with an amount, and that credit- Jur is communicated to the cus

credit Comer

is effectively. that the creditor may given. infer the crediting, the onus is na the banker to show, if he can, i That

the amount was wrongly credited. In sobie Cases, of Teotrse the banker may not be

able to recover gyen if he

proves that the crediting wi

wrong Cer Abbott C. J., in Skyring v. Greenwood, (1825) B & C, at 288); and in others, though he suc- geeds in reversing the entry he maj be liable in dange (Holland V Manchester and Liverpool District Banking Company, Lid, (1909) 25. T. L. R. 396, but in all such cases the onus appears to be on him.

Judge's Findings

I do not propose to discuss the cases in detail in this judgment, but as I am deciding against the defendant, I should like to add the first following remarks. In the place, I find in this case (1) that credit was effectively given, and (2) thut there was netual munication. In the second place, the actual decisions in cases section 82 of the Bills of Exchange -Act, 1882, are not in point because the question there is whether pay- ammament was received for a customer. Ta the third place, I agree that

Amongst other pictures will be one of the hugh m. v. Atia- tralia, the biggest tanker to come to the Far East, which is due in Hongkong with Texaco products or Sunday

coin-

013

19006, 20075, and 19080.

At Pence with the World.

After I Say I'm Sorry. The Prisoner's Song.

Jesse Crawford.

8.43-9.30 p.m.

A Concert. Piano Solo-Caprice Espagnole

(Mosakowski), Piano Sol-Baheminn Dance

(Smetana).

Wilhelm Bachata. Song-Love Tide of Spring

7121.

GGUD.

(Bettl-Glazounow-La Forge). Lucrezin Bor - (Soprand), Violin Solo-Shepherd's Madrigal

(Kreisler). Vain Solo-Gypsy Caprice (Kreisler). Fritz Kreisler, 6712. Piano Solon-Moment Musicale in F

Minor (Schubert). Piano Solos-Impromptu in B Flat

(Schubert,

Wilhelm Buelnas, 7120. Song-Song of The Voira Bontmen

(Chaliph and Koenemann), Feeder Chalianin (Hans). 0823. Violin Solo-Lotus Land (Cyril

Scott). Hungarian Dance No. 17 (Brahms.

Kreisler).

Fritz Kreislez. 6706. 9.45-10,00 p.m. Moxical Comedy 'Funca, Gems from "My Maryland”

(Dannelly-Romberg).

35810

Vielor Light Onera CariDANY, Gents from the "Desert Song." Gems from "Countess Maritza." Victor Leht Opera Company.. 35809′ 10.00-11.00 p.m. Relay of “Playboy of Paris" from the King's Theatre.

11 p.m. Close Down.

SOVIET FIVE YEAR PLAN.

OIL PROGRAMME NOW COMPLETED,

The nations which make up the Suviet Union recently celebrated the completion of the

Five-Year Plan in petroleum production" in 211⁄2 years.

Sun Hats

for

Naval, Military and Civilian Wear,

We have now received a full selection of Sun Helmets suitale for all occasions. They are of reliable manufacture, including Hawkes', and guaranteed Sun Proof as well as Rainproof. Prices $10.75, $12.75, $18.50, to $35.00 Grey, Single and Double Terais, Straw Hats and Panamas.

Inspection Invited.

Wm. Powell, Ltd,

KLI

15

of the

to fine the Flying Club for being was not happs until he arrived that the onus can be affected by some of the dieta quoted are much a nuisance by giving all sorts of Lokom London waя The e trouble by not notifying the Centre of Italian music,. 13. admissions in the account, just as too general unless they are read change of ownership. was King's Theatre had the foremost by atim lions In pleadings. in the light of the frets. See for customary, said his Worship, when Performances ilayda, Schruidt, speak of seven entries. There were example "Capital and Counties the driver and owner were sum-who was taken with the wonder and was only for interest,

um-Handel's interpreter, then Bach eight, but the eighth is negligible Bank v. Gordon" (1993) A.C. at nwned in

connexion with driving

249, as explained in "Bevan v. Sa- a car without a Reence, to fuc child's abilities, instructed alozart Upon this, two contending prin- tional Bank" (1906) 23 T. L. R.

Newspapers devoted most one and not the other. He under preially in talian music, but ciples arise. The defendant says at 68. stand that Mr. Hawes was inspirations, especially o

der Mozart's genius Jad higher that the principle applicable Is

their space to boasting of summoned and would be pleading

har- the general rake that the person if the appen is dismissed on the system and made a feature of the Mr. Sheldon acutely argued that achievements of the socialistic guilty, so he would caution the mony and the nine-year-old won seeking to surcharge or falsify Flying Club on that count.

der child worked on his own ideals must bear the onus. With

The plain ground of the plaintiff's further government claim of being second regard to the device, as the ear

earned his first symphonies were the tiff says that, on the principles laidallidavit filed during the hearing, to the United States in point of was used on the Flying Club's result of this work, which are still down in the cases cited, the seven the effect will be that the plaintiff petroleum production. grounds a device would not be counted among the treasures of credit entries have, in the accom has shifted the onus by giving the The Government

is evidence which he would have given that its oil production cost had necessary. A caution would also Mozart's compositions.

panying circumstances of be registered on thártokht.

Mozart's oratorium, which he case, the effect of throwing unus other words, he has accepted the decreased 69 per cent. and

at the trial of the issue, or that, in composed when only 10 years of Jon the defendant bank. It His Worship pointed out that age, is still played on festive therefore, necessary the failure to register the chango occasions in all the churches of

to consider of ownership had resulted in the world.

Inspector Mason searching for a When returning to Vienna, Mr. da Souza who was the previous Emperor Joseph 11 of Austria

On that count a fine of receiveit young Mozart, $25 was imposed,

owner.

21 YEARS AGO.

the cases.

JR,

Credit and Debits, Before doing so, I should say

were

on

18. I would point out that the plaintiff's further affidavit was not contradicted in any way, so that I must prima facie assume it to be correct and to state a fact equally

Trial Unaffected.

ordered an opera. The result was facic inference from the accounts

and it appears to me to be a fair prima i known to the defendant. "Lafinta Semplice" and "Bastien that both parties acted in reliance and Bastiene." The latter is still

on the seven credits. On the 31st

In any case, I have given Iny the

repetoire of all grand

June. and 2nd operas of the world.

reasons for thinking that on the 1930. is later May compositions like "Figaro," "Don 000

amounting "deposits"

to $170,- ground of the accounts alone the

onus lies on the defendant, credited, and Juan" etc., are knows and played the ith June "cheques" to the wherever in opera i prodo mu

I need scarcely say that any find- afraid I am taking too much On the 30th June and 2nd July, purely provisional, and will have amount of $160,000 were debited. Ings of fact in this judgment, are of your valuable admirer of Mozart's music I hope 3rd and 4th July $96,000 was de-trial of the issue. I think

$90,000 wae credited, and on the no effect on the findings in the the 1 shall find in Hongkong many bited. On 9th July $11,000 was de-, the appeal should be dismissed with

more who love Mozart's music as I do and that the tickets for this bited. The Inference with

SOME EXTRACTS FROM THE TELEGRAPH" FILES.

space.

but, an un

The following extracts are

from

the Hongkong Telegraph for week ended May 7th, 1910

+

concert at the Helenn

The rate of the dollar on demand Institute, which is given in aid of was Is. 9.9/16d. -

loral charities on 11th inst., at $1 while $67,000 was dobited on July entrance fee, will be sold out

The death occurred at his resi-Yours, etc... dence of Mr. Thomas I Rosa.

Mc Wm. Anderson, manager of the local branch of the Interna- tional Banking Corporation.

Was entertained to dinner at the Chinese Club by Chinese merchants and bankers to mark his imponding do- parture from the Colony.

S. KOMON

MR. J. H. THOMAS'S SON.

ANCIENT CITY'S SITE.

Extensive

mosale

announcel

the

quality of the product greatly im proved.

If the Soviet oll industry la proceeding ahead of form, how- ever, the Union is having its diffl- culties in matters of con! produc- tion and transportation. Because of the shortage of labour in Mos- cow alone 5,000 students are giv- ing five days of each month with- out pay to work in locomotivo shops.

.

EXCHANGE RATES.

Athens.... .375 Shanghal.

.

Yesterday, 124.46%

26.25 20.4214

Specialists in Gentlemen's Wear. 10, Ice House Street,

For your protection P1.12

anty in ventcil Line,

KILL

these Killers!

Thousands of Innocent people are marked for death each year at the handa of poisonous insects. These killers are infesting your boairs right now. Don't let them infect your food and person with the germs of fatal disease. Kill all insect pests. Spray Flis.

Flit is deadly to £ics, mosquitoes, ficas, moths, ante, ronckes, bedbugs, and their egge. Harmless to man. Doesn't stain, Don't confuse Filt with other insecticides. Look for the soldier on "the yellow cas with the black band,"

FLIT

REGISTERED PAARE MANİ

Kills-quicker

CINZANO

ITALIAN VERMOUTH

is made with the finest Italian White Wine. It is very wholesome-It is not a Liqueur.

CINZANO

MADL AND BOTTLED IN ITALY

that

to the.

Mny

regard remaining credit $90,000 on the.

30th July is, perhaps, weaker becauso

Previous Day.

costs.

of

Mr. Justice Lindsell concurred,.

30 and 31, $35,000 had been debit- ed on July 29, but I think that the general print facie inference is justified.

Paris.. Geneva Berlin. Oslo,

.1934 Helsingfors... Buenos Aires...35.7/10

124.424

125.24

.20.42

18.16

18.10

193

34

870

1/31% .4.80%

1/3%

4.864

.12.10%

12.10

.18.14

18.14

.34.66

34.07

.48.75

49.86

.817

817

BKCOMP

.914

31

11%%

11

.36.07

34.98/

18.10

18.10

.02.88

92.924

.1044

104%

108.20

108.25

.3.7/16

1/6.27/32 .2/0.18/82 .13.3/10

3.7/02 1/5.27/82 2/0.13/52 13% (forward) 18.3/16

1874 -British Wireless..

PARTNER IN FIRM OF STOCKBROKERS.

New York. Amsterdam am aware that the defendant

pavement Stockholm held security, and it may be that proving the existence of an an-

Vienna accounts over a longer period would clent elty unknown to history has Madrid show heavy debits without corres- ponding credis, but I can only tian town of Tireh on the Smyrna Hongkong been discovered near the Anato Bucharest,

Montevideo judge by the accounts which we Aldin Ballroad,

Brussola.. have before us. In fact, the above!

Milan

general fiference of a correspon- A recent chance discovery of Copenhagen. dence between credits and debita is fragments of marble sculpturea Prague.. Students of Wanchai School pro- Mr. Lindauy Thomas, son of Mr.supported by certain disputed led the Turkish Government to Lisbon sented Mr. Young Hee, the Head-J. H. Thomas, M.I., Secretary for items in this very account. In sond archaeologists there. The Ro maater, with an illuminated address the Dominions, has become a mem- other words, it seems to me a fair mission reported they had un Bombay.. and a gold pendant on the occasion ber of the firm of Mosers, Belisha prima facie inferenco that the earthed elaborato romaine A Yokohama... of his promotion to Queen's College and Co., the well-known firm, of plaintif drew on his account In re-bas-roller bearing in inscription Sliver (spot) 46 supervisor of translation and stockbrokers, of King William-liance on the "deponite" credited,hna bean sunt to the Smyrna vernacular studien.

street, London, E.C.

and that the defendant honoured' Museum for expert study.

Some ways of using it: PLAIN: It's not too sweet and not too dry."

IN ALL COCKTAILS, where

Vermouth is used.

AS A LONG DRINK IN SUMMER:

with mineral water.

The Perfect Cocktail

“GIN & CIN"

IDRY GIN, I CINZANO VERMOUTH.

A SQUEEZE OF LEMON

WHAT ABOU£ *

"IT"1

Will you have a “ Gin and It."'?".. The knowing man says: Oh no!

I'd rather have a Gin and Cin The "It" is then " Ofarano.

"CINZANO" stands for quality, Quality is equal to “CINZANO.”

In one you have both 1.

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