1934-02-19 — Page 19

THE HONGKONG TELEGRAPH. MONDAY, FEBRUARY 19,

NEW ZEALANDER'S CLAIM MARKET ASSAULT

UPHELD

JUDGMENT GIVEN ON LEGAL ISSUES IN

"MILK FACTORY" CASE

MEMORANDUM ON CONTRACT

Having reviewed the authorities, in Lordship came to the problem presented in this case, saying:- I notice that, all three communica-

SEQUEL

THREE ASSAILANTS

PUNISHED

An assault on Wong Hung-plu, a street coolie, at the Western Market, during the week-end, had its sequel before Mr. Balfour in the Central Police Court when thres Chinese, one unemployed, the second an unlicensed hawker and the third a street coolic, were charged.

tions passed between the SRITIO recond defendant-struck him with

terms.

The complainant alleged that the head, and that he called others

to join in the all started from

TRAGIC DEATH OF

KING ALBERT ·

(Continued from Page 1.)

against a background of ruined

1994.

RADIO BROADCAST

Belgium, with King Albert reply-TO-DAY'S BROADCAST. Ing to the Kaiser's taunt; "You've at everything" with the words: "Not my soul.".

"Reuter. DAUGHTER UNABLE TO TRAVEL.

Rome, Feb. 18. An unconfirmed report from Naples states that the Crown ak Italy (formerly Princess Princess Marie-Jose of Belgium) will not be able to attend her father's funeral as her medical advisers have forbidden her to travel. It is understood that her baby is expected. Prince, with the King of Italy, will leave for Brussels Reuter..

to-morrow.--

CROWN PRINCE UMBERTO OF ITALY.

Giving his last judicial de cision before his retirement, the acting Chief Justice, Mr. J. R. Wood, this morning found for the plaintiff, George Fowler parties.

The cabley did not ́an iron hook on Allen, on the legal points re-refer to the letter but their that the third defendant was) The report adds that the Crown served in the case in which he silence on this point is not finally, the ringlender in sued Chow Yat-kwong, of in favour of the defendants' sub- Shouson Hill, and the New mission, If connection between the upon ten Zealand China Trading Co., of letter and cables is otherwise to astmalt. It China Building, for damages, be inferred reasonably from their gambling.

Er the Ono Al which had already been assessed own

consideration of this point is to by the jury at $4,903.

The point at issue was whether whether there is any term in the documents which is of doubt- the contract of service between for identification. I notice here the plaintiff and the defendants; the language of the second cable past; had led to murder, more Rome at 10 a.m. was supported by sufficient memor "collect the money Cooks 180.“ andum in writing, and his Lord. To what do the words "the money” ship found that the defence, based refer? "Collect Cooks £80" might on the Statute of

Frauds, had refer to any transaction: but the failed. Judgment was given for, words "the money" imply an plaintiff with costs.

Mr. H. C. Macnamara, instructed rangement already in existence between the communicating parties by Deacons, was for plaintiff, under which this money was either while Mr. Eldon Potter, K...

promised or payable. instructed by Mr, P.H. Sin, re- presented defendants.

THE JUDGMENT,

1

|

DEFENCE FAILS.

of the

Inspector Andrew said market quarrels of this nature were be coming very serious, and in times especially at the Western Market.

Defendants were

fined $5 or seven days' hard labour each, and were in addition bound over in a bond of $25 each to come up for judgment when called upon within twelve months.

SUNDAY SCHOOL

-FAREWELL

TRIBUTES TO MRS. BOOKER

Later. The Italian Crown Prince and Crown Princess left Naples

for

The Crown Prince will go on to Brussels by special train, and will be accompanied by King Victor Emmanuel unless the King's doctors advise against it in view of his recent chill.

It is understood that the Crown Princess will stay with the Queen at Quirinal Palace, Rome.-Renter. SWEDISH MOURNING. It is here that the evidence circumstances surrounding

Stockholm, Feb. 18. His Lordship paid:-in this documents becomes relevant and

The Court will go into mourn- action the jury has answered adnitssible. The Court thereby

ing for three weeks in honour of several questions in the plaintiff's received information which once

the memory of King Albert. The favour. It therefore becomes admitted. abundantly points to

parents of the new Queen, Prince necessary tu consider the legal the conclusion that this payment

and Princess -Carl of Sweden, will defence raised on the pleadings by cable was in terms an acceptance

Beave for Brussels on Tuesday. under the Statute of Frauds. The in the form

In prescribed

Adolf The Kowloon Tong Anglican The Crown Prince Gustav question here arising for decision plaintiff's letter by the defendants Church Sunday School will suffer will represent the King at the is whether the contract of service of the plaintiff's offer of services, a great loss by the departure of faneral-Reuter, (which was not to be performed There was no other arrangement its very capable Superintendent, within the space of one year) under which the plaintiff could found by the jury to have been expect to receive money from the Mrs. F. E. E. Booker, who salts for

Home on Saturday made by the plaintiff with the de- defendants. The divergence in dendants has been supported by the amount of the sums named. Rawalpindi. a aufficient memorandum to writ- $80 Instead of £60 (the 1EI ing, duly signed on behalf of the originally stipulated)-ja in my defendants to satisfy Section 4 of opinion bere inmaterial, The the Statute of Frauds.

greater sam includes the leas,

the

on the s.s.

LONDON TRIBUTE.

TALK FROM THE STUDIO THIS

- EVENING

From ZDW on a wavelength of 356 mutres:

5-8 pm, European programme.. 6-7 p.m. A rolny of the longkong Hotel Dance Orchestra from the tong keng Hotel Roof Garden.

7 p.m. Closing Local Stock Quota tions, etc.

7.3-7.82 pm. Light Opera. Vocal Gems-The Yeomen" of the

Guard (Gilbert and Sullivan).

Columbia Light Opera Company. Selection-H... Pinafore (Gilbe-t

and Sullivan).

The Band of H.M. Coldstream

Guards.

Vocal Gems-The Gondoliers (Gilbert and Sullivan),

Columbin Light Upera Company. Selection Geisha (Sidney Jones).

Marek Wober and His Orchestra, 7.32-6 p.m. From the Studio, A talk on "Surteen" by Mr. H. C. 8 p.m. Local Time and Weather Report.

Macnamara.

8.3-10.30 p.m. Chinese Concert from the Studio.

10.30 p.m. Rugby Mid-day Pres News.

10.35 p.m. Close Down.

All relays of Ilongkong intel Orchestras are by courtesy of the Management and during the intervals. recorded musle will be broadcast from the Studio.

THE PONTIFICAL INSTITUTE

NEW HEAD TO BE ELECTED

All the Superiors of the several Missions belonging to the London, Feb. 18.

Pontifical Institute for Foreign Sir John Simon personally an- Missions are at present on a visit nounced the death of King Albert to Hongkong, for the purpose of Yesterday afternoon a tea party of the Belgians over the wireless | electing a new Superior General in was given in her honour in the this evening, at the satne

Father time place of the Very Rev. school rooms at which there were paying a warm tribute to the late Paul Mauna, who, although not over 40 present. The Rev, N. V.King.

yet sixty years of age, is resign- on account of fll-health. They are in residence at the Mission House, 16, Caine Rond,

The memorandum, on which the After he received the plaintiff's plaintiff relies is contained in letter, Mr. Offenburg joined the three documents, namely, a letter defendant partnership: and dated March 24, 1933, and written nccepted the offer contained in thed Mrs. Booker for her untiring presented at the funeral of Albert

in New Zealand by the plaintiff. letter by cable signed on behalf of to Mr. K. Oftenburg; a telegram himself and his co-partners. For from Hongkong dated the June these reasons in my opinion the 24, 1933; and a further telegram defence based upon the Statute of from Hongkong dated June Frauds here fails. 27. 1933. These two telegrama i

Mr. Potter applied for and ob were despatched by Mr. Offenburg tained a stay of execution pending in the name of the New Zealand possible appeal, notice of appeal, Chinn Trading Co., which is the if any, to be filed within seven first defendant on the record. days.

The signature on behalf of that Arm appears upon two telegraphic

application forms,

The letter contains the dain-

offer Lig

of service. It begins:"Dear Mr. Offenburg, The following arc_the_terms and conditions I will agree to as a basis of contract in respect to the proposal to leave New Zealand and enter into the employ of your company's Board of Directors in Hongkong for the manufacturing reconstituted milk, cream and Ice cream mixes and ice If necessary."

GHEE SUMMONS WITHDRAWN

FLAW IN EVIDENCE REVEALED

de-

Halward, speaking on behalf of It is learned that His Majestying the children and teachers, thank-King George will probably be re- pains in bringing the Sunday by one of his sons.-Renter. School up from its organisation in July last to its present state, there being now 48 children on the roll. le expressed sorrow at her de parture and wished her the best of fortune for the future.

Two of the children presented Mrs. Booker and her daughter Joyce, who also teaches, with baskets of flowers and a group photograph previously taken and suitably inscribed was also given as a memento.

KING GEORGE'S MESSAGE

True Friend and Ally

(Special to "Telegraph”)

lly Telegraph, Copyright, Telegraphis Hex angre Ordinamer, 1881. Received, Fahrery

19. 10.0 8.m.)

and in addition to electing a new Superior General they will deal with other matters affecting the Missions.

Father Manna was formerly a missionary in Burma, and then be- came attached to the Headquar tera of the Pontifical Institute for Foreign Missions at Milan. Editor of the weekly review, The Catholic Missions, he has also pam- written many books and phlets of a spiritual character and among the books which he has written are "The Conversion of the Pagan World" and "The been translated in several Euro- pean languages. He has been Superior General of the Institute for the last 10 years and during his direction the Institute had a very remarkable growth and success. In the midst of various "The British Empire will never and many arduous occupations be forget the heroic Agure whose

has founded the "Missionary courage was an inspiration to the ion of the Clergy," a Society Alles throughout the dark years of which is soliciting the co-operation of the clergy to foster the pro- gress of the Missions throughout the world. This Society In a very short time has spread itself uil over Europe and America and has received the warmest approvala of the Bishops and Cardinals, and His Holiness the Pope has made it as an official Society of the Church.

has

Londin, Feb. 18. His Majesty the King forward- [ 28 ognɔ du kodą daved a message to the Duke of Brn-Workers are Few," these having

Prusa i3-os - bant (the Crown Prince)It is was a witness who seemed to with the most profound sympathy think that a warning Was given that I and My people have learned before the purchase, and under of the tragic death of your illus The summons against B. Ditta, these circumstances he would not trious father. I hasten to offer my heartfelt sympathy to you and of of No. 66, Hennessy Road, for like to go on with the case. purpose

the people of Belgium. selling ghee which was not of the Mr. Hamilton said that Mr. nature, subsiance or quality

Ditta had come up on four ocens mantled to the prejudice of the ions. It was most unfortunate purchaser, was withdrawn before that the flaw in the evidence was After stating certain stipula Mr. Hamilton, at the Central not discovered earlier. He knew the war and join the Belgian people tiona (among which the engage Magistracy this afternoon,

Mr. T, S. Whyte-Smith, Assistant there was a great difficulty with in mourning the loss of ment was to be for the period of

Sanitary Dept. cases, and he was friend and ally. tu not less than two years) the iet-Crown Solicitor, asked leave ter proceeds: "That on accept-withdraw the summons on the not at all sure that the Dapart. nce of all conditions as set out ground that there seemed a little muut should not have a solicitor herein, the Directors" (the terms doubt the evidence as to whether attached to the Department at al times. He thanked, Captain K. of the offer presupposed through the shop assistant had warned the Jani for the help he had given out that the offer would eventual-Sanitary Inspector. If the

the Court. ly reach the Directofs of

LTTERS AND CABLES.

registered company) "authorize

the sum of £60 to be cabled to

mo; that that sum be used by me

1k-

NEWS IN BRIEF

DAY BY DAY

AT

To

to defray my expenses in connec THERE IS, HOWEVER, A LIMIT tion with my leaving Auckland which FORESEARANCE CEASES for Hongkong as early as possible BE A VIRTUE-Burke. after receipt of payment, and

that such receipt of money shail

OTHER MESSAGES.

♫ true

Messages of sympathy have also been sent by the Prince of Wales, President von Hindenburg, and Signor Mussollal, who ordered all flags in Italy to be flown at half- must.

The P. and O. s.s. Chitral in de diphtheria and meningitis were ring with the spirit of mourning be construed as the acceptance here from Singapore at

on my part, and on the Company's

part, that the general condition

Thursday.

BDD11 оп

NON-AGGRESSION

The Minister of Post and Tele- The Rev. E. 0. II. Tribbeck will be graphs in Paris ordered a suspen- the speaker at the Rotary Club Meet-sion of broadcasting for half an

AGREEMENT EXTENDED BY ing to-morrow.

POLAND AND SOVIET hour to-night as a sign of mourn ing, while all items in the radio

Warsaw, Feb. 18. One enko each of

sion pact between Poland small-pex, programmes which are not in keep An extension of the non-aggres- and ported to the health authorities' on Friday.

are to be deleted until after the Soviet Russia has, been arranged funeral-Renter's Special Service. after preliminiary discussions be

Paris, Feb. 18.

tween Mr. Joseph Beck. Minister The French Government have for Foreign Affairs in Poland, and

M. Maxim Litvinoff. ordered official mourning for month for King Albert.-Roufer-

EX-KAISER TOUCHED,

pussca

Thursday.

ho

to

The China Association (Hongkong H.M.S. Medway and ten of the 4th as set out herein shall form the' epitome of agreement of condi-Submarine Flotilla have left Hong Branch) and the British members of tions upon which a legal agree-kong for Manila. They are expected the Hongkong General Chamber of

February to arrive there on

21. Commerce will entertain the British

The now agreement will be from ment shall be completed and 1.M.S. Berwiele left port this morn- Minister to China, the Hon. Sir Alex-

three to ten years' duration, in legally signed within seven daysing on exercises, She will be away ander Cadogan, K. C. M. G., to tima

order to parallel the existing non- after my arrival at Hongkong: for several days, her programme in-nt the Hongkong Hotel when

next through the Colony

Doorn, Feb, 18.

aggression agreement between and further that your Directors cluding night-Bring practice..

The ex-Kaiser was returning Poland and Germany, Include in that contract (1

from his morning walk when he It has also been agreed that guarantee of payment of £50, in

was informed of the death of King | Soviet Russia should intervene in Monsignor Plani, addition to all salary and bonus!

the Apostolic

Appearing on remand, Ilo Tai-

Albert. He turned palé and was Kovno in order to effect a retura Bentenced kwu, a widow, was payments that may be made in Delegate to the Philippine Islands,

normal relations between respect to giving effect to the arrived in Hongkong on Friday by the twelve months imprisonment by Mr. deeply touched. retiring to his of

apartment where he remained for Lithuania and Poland. Cordial general conditions of, employ- President Jefferson from Manila, and Hamilton, at the Central Magistracy, some time in solitary meditation. relationship between these two

for Italy on Saturday by the

charges ment....The contract of engage-

lefaru. Many

friends and this morning, on two

Later, he said that the death of nations is considered an "essential ment is deemed to have com- members elergy as well trafficking in girls for an immoral

before B the Consul General for Italy purpose. The mother of one of the King Albert, who was privileged preliminary condition monced from the day following ne my arrival at Hongkong...." The assembled on board to bid him fare-girls gave evidence to say that she to be popular in his country, means general Baltic Pact can be effected.

had never given her daughter to the a great bereavement because fils-United Press. letter is signed."Yours faithfully, weli,

defendant. Alr. Hamilton remarked popularity kept together his peo- G. F. Allen, Technical Salesman

that he was only sorry the case was and Demonstrator Milk Powder Mr. Camillo Canali, of the Italian not for committal. Detective Sub ple and things which

have been divided. poten

pd fit between the. Snica Department, New Zealand Government Tourist Agency, who is Inspector McEwen, of

the S.C.A., might

Reuter.

nations of the world, Co-Operative Dairy Co., Ltd." on an inspection. tour of the Far East, prosecuted.

nd-lad, joined Tho cablo dated June 24, will give an exhibition of films show-

PRES. ROOSEVELT'S MESSAGE. him in heartfelt sympathy. "I In celebration of Chineso New

shall always be grateful for the 1988. reada na follows: "Allen, the most beautiful and interest-

Washington, Feb. 18. to-Year and the annual presentation of San Remo, Auckland-Cable when Cinemn at Macao at 5:30 p.m.

priuileus në Trlandahin with your President Roosevelt, in a mess splendid husband. I have a deep you can come. Address Zeala." marrow. Following this, Mr. Canali prizes and certificates, the Yak Ghii

27, will go to Canton where he will loc- College, Kowloon, provided one of the age to Queen Elizabeth, says he sense of personal loss to Tho enblo dated June 1933, was the following: Allen, ture at Y.M.C.A. on Wednesday at bost musical, and dramatic pro-was inexpressibly shocked to learn

GREAT KING AND GREAT MAN. San Remo, Auckland--collect the p.m. He will also give on exhibi-grammer of the holidays, Specimens of the untimely death of King

Mr. Cordell Hull, the Secretary at the Queen's of both the boys and girls work wordAlbert. flim money Cooks £80. Pay on destion of hin

Theatre at 11.30 a.m. on Thursday.lon exhibition at the prizegiving

The Government and people of of Stte, has sent a messago to Special invitation cards have been which took place on Saturday night, POINT AT 13SUE.. sent by the Italian Consul General to Mr. Chan Fung-cho, Princival of the the United States condola, with the Bolgian Foreign Ministar, I have hore set out overything allties of the Colony, but anyone kan, B.A., distributed the certifi- loss and the people of Belgium in passing of a great King and n all authorities and leading person-College, presiding, Mr. Wong Kam- Her Majesty in her great personal expressing Kront sorrow at the In those memoranda which appear interested in the film may secure a rates; following which a farco, The the loss of a ruler ao universally great man, who did much to cement to me to be material, to the ques-card at the office of the Hongkong Fool" written by the students and beloved, whose energy and wiadom true friendship between Belgium tion under consideration,

the teaching, staff, was presented were so devoted to the ideals of oud-the-United States-Reuter

mand."

Italy.nt the Capitol ing parts.

Holol.

otherwise

[

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INDIAN GUARDS IN OVER THIRTY

TROUBLE

DEFENDANTS

ALLEGED ASSAULT ON BATCH OF GAMBLERS

WAITRESSES

· IN COURT

Partap Singh and Boota Singh,

A raid carried out by the

police guarde, charged before Mr. Tsimshatsui Police on Saturday Hamilton, at the Central Magis night resulted in the arrest of 88 tracy, this morning, with having Chiuchow men who were found nasaulted Miss Haro-ko and Miss congregated in the ground floor of Kimi-ko, waitresses at No. 114, No gambling.

Canton Road for the pur-

Lockhart Road, yesterday, falled pose Locke an appearance In Court: Only one of these men was and their bail of $30 each was absent when the case came up boforo Mr. Wynne-Jones at the accordingly estrented

Mr. Hamilton requested Detec. Kowloon Magistracy this morning. Live Fitchen to take the defon- and his bail of $5 was eatreated. dants before the Inspector General Two of the defendants who were charged with Keeping a gaming. of Police.

house were fined 250 oath, two Sergeant Fitches said, the de- others were lacharged on thoiy fondanta Went Into the res plea that they were engaged, as taurant, where the two girls were singers and were not there to waitresses. They were asked to gamble. The rest were fined $1 leave, as they had some liquor, each; - They then pulled the girls hair Detective Sergeant Davis pro- and struck them in the face.

Leecuted