1935-12-04 — Page 24

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GENE=RAYMOND, FRANCES DRAKE::

with

THE HONGKONG TELEGRAPH. WEDNESDAY, DECEMBER 24,

.

SANDAKAN LIGHT

& POWER CO.

LOSS 'SHOWN FOR

PAST YEAR

A nett loss of $40,203.4% during the past year was reported by the Direc

Sandakan Light and Lore of tho Power Company (1022), Limited, at the thirteenth

at the head

ing of shareholdery yearly moet office of the Company at the National

Mr. A. L. Shlolda

BODIKER CASE RESUMED

WRONGFUL ACTION DENIED

-DEFENCE OPENS

Bank Building this and other change, nad

9. M. Churn

Mr. J. P. being the 9.B.F., Mr. C. A. da Roza, Mr.

(Director), Mr. W. Fleming (Secretary Area, de

Mers 1.

J. Toppin, Sow Bragu, Noel Braga and A. A. John Botelho (Shareholders).

Addressing

the

Mr.

1

BANNED FROM - MAILS

TIENTSIN PAPER

DISCIPLINED

(Special to "Telegraph")

Peling. Dec. 4. General Sung Chch-yuun has banned Denials that his clients had used

the Tientsin paper. Taking Poa plaintiffs property to gamble in ex

difference in from the mails for a snrenstic editorial put the thelr

were put forward by warning the General to desist from Mr.

'Almada, Jr., at the falding in the dismembering of the admit his personal responsibility and Supremis Court this morning when country or, if he persists, at least to he opened the defence on behalf of

not to pretend that he is acting in the name of the people.-United Prens.

Mesars. Bodiker and Company, who are.

being sued for $68,500 by the Ying Wah Co., of Canton, for alleged wrongful conversion.

meeting.

The case is being tried by the Shielda xald: Gentlemen,--As the Chief Justice, Sir Atholl Macuregor. report and sccounts have been in your Mr. D'Almada, together with Mr. hands for the required period,, I pro-F. C. Jenkin, K., instructed by Mr. pose with your approval to take them.J. T. Prior, are for the defence, an Mr. Dldun Potter, K.C., instructed dy

as read.

The balance pt credit of Working Mr. E. S. G. Brooks, represents the Account after charging depreciation plaintif firm. and General Managers' Commission,

SLANDER CASE DECISION

(Continued from Page tý

The rase for the plaintiff is that the Mr. Macneiland since August this 1 $1,561,47 better than for the pre-defendants wrongfully converted half year. ceding year. Income from invest-of the wolfram ore stored in their ments is also up by $2.914.49, but the

In uurwer to Mr. Areul, witness

provision for depreciation on investice ny accurity for a loan of $97,440, † admitted that when he took out }

ments ns at 30th June, 1936, resulta in a nett loss on Profit & Loss Ac- count, of $46,203,49.

EXCHANGE EFFECTS

i would add that the higher rates

and that they took advantage of the property, gambled in exchange, and put the difference in their pockets.

The defence, in its pleadings, con tends that the conversion was made in accordance with an oral agreement, At the outset of this morning's whereby they had the right to do so,

the plaintiff's called Kong of the Na-

of exchange ruling during the year, an employee

adversely affected the remittances of surplus

revenus from Sandakan-tional Products Sales Office in Can- can only express the hope that the re- cent drop in local exchange and the ton, to rebut the defence contention that the price of $80 per picul of appreciation in local stocks, represent walteam ore effered to plaintiffs by Ing our investments may enable us to put a better account before you for Yee Ree Hong firm sometime in March Lis year was fletitiously the current year.

In

Our Manager and Resisient Engineer

Sandakan

reports that the plant and buildings have been kept in good repair and the plant Food running order. During the

year the supply of electreity was free from inter- ruption except on three occasions, when exceptionally high winds up rooted trees across the high tension tirica. The number of units sold dur ing the year shows an Increase and the nett return per unit has also Im- proved.

The Resident Engineer was au- thorised to co-operate in the Sandakan Silver Jubilee Celebrations and to illuminate free of charge the Reeren- tion Ground. The Government has expressed appreciation of our assist ance towards the success of the cele brations.

I now propose that the report and accounts as presented be adopted and when that has been seconded I shall any questions

endenvour to answer from shareholders.

REPORT ADOPTED

The adoption of the report was seconded by the Hon. Mr. Braga und was carried unanimously,

high.

THE DEFENCE

summons recently against Mr. Mne Partland for nasauit, Mr. Hamma wrote his statement in English and gave him advice as to what to do.

Mr. Areulli: I put it to you that you were not there when Mrs. Ham mann was there in Jimmy's Kitchen?

Witness: I was there.

You being there und being friendly with Mrs. Hammam, why did you

I told her to Ko AWAY, not do anything to stop the assault?

Is Lordship: Why did you not try to stop it? You saw the wife of your friend being assaulted and a bucket of water thrown over her? Witneas: Everything happened so quickly.

Asked by his Lordship as to what Opening the defence, Mr. D'Almada he heard which made him follow plaintif, witness said he did not hear raid that before going into any arguments it would not be amiss to anything definite. He only heard outline the defence as already placed voices."

Court in Mr. Bodiker's before the

evidence,

Since 1920, Messrs. Boliker and Company had dem established holh In Canton and Hongkong. They had been dealing in wolfram ore, and Mr. Bodiker, the proprietor, had known Chan Ham-on, one of the partners of time the plaintiff firm, for some

to the present transac- previously tion.

On January 20 this year,

Chan Lam-on met Chax Pul-she, an em ployee of the defendant firm in Canton and asked him if it were possible to raise some money against 100 tons of wolfram ore as he was in need of ready cash owing to the approach of Chinese New Year. Pui- it could be arranged, and together they went to the office of Messrs.

sara: Bodker where an agreement was put through.

The following day the agreement, which was in writing, was signed Mr. Tavares proposed the re-election and in the afternoon of the same of the Hon. Mr. J. P. Braga and Mr.day, Mr. Bodiker had a discussion by C. A. da Boza na Directora for the telephone with his Hongkong man ensuing year. Mr. Toppin secondedager, Mr. Soltau, as a result of which the proposal, which was passed unther came to the conclusion that it animously.

uld be a good, iden if half of the Proposed by Mr. John Draga and ore could be shipped abroad. The seconded by Mr. Noel Braga, Messrs.

reasons for this were that ore afloat Percy, Smith, Seth and Fleming, and had a better chance of selling and Messrs. Lawe, Bingham and Matthews that by so doing it would enable the were re-elected auditors of the Com-defendant company to reduce their pany at the same remuneration.

overdraft with the Hongkong and Shanghai Bank.

U.S. TO SUPPLY

ITALIAN OIL?

(Continued from Page 1) and designed to keep Americans out

of a war-United Press.

SEEKS INJUNCTION

New York, Dec. 3.

and iron to Italy.

His Lordship: What was the first thing you heard?

Witness: The first thing I under- stood was "Get out, you

POLICE EVIDENCE

in

The next witness called was Ser- geant Dixoy-Beale, of No. 2 Police Station,, who stated that when he saw defendant in Jimmy's Kitchen consequence of a report made to the police, defendant told him that Mrs. Hammann had gone to the restaurant with her umah and had caused a lot of trouble. He told her to get out and repeated to witness what he had the expression said to her, using complained of. Defendant also ad- mitted throwing the water over Mra. Hammann,

Mr. Mackinlay: What impression did you get when Mr. MocPartland used that expression on Mrs. Ham- mann?

Sergeant Dixey-Beale: At the time, I took it that defendant meant that Mrs. Hammann was a prostitute.

Witness expinined that the reason why he had that impression was that defendant had, Just previously, stated he would not have loose women hang-

ing around the place.

women

were

Cross-examined by Mr. Arculli, wit-

Hot nesa said he could May whether Mr. MucPartland's statement to loose

meant women who brought to the restaurant by custo mers,

He believed that defendant had previously reported to the police about

women troubling the place. This closed the plaintiff's care,

DEFENCE DENIAL

Mr. Arculli told the Court that the

PROPOSAL ACCEPTED After this conversation, Mr. Bodikerose instructed his employco to get in touch with Mr. Chn Ham-on and On placed the proposal before him. the morning of January 31, the om- ployee mot Chan Ham-or in house in Canton and put the pro- position before him. Chau said he

It consider and later in the same day he went Bediker. His agreed to the proposal the shipment be on condition that the prompt and that European. analysis and weight should prevail.

Mr. and Haw

1935.

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tea-defendant's case was that no assault THE

had buen committed. Defendant ad- mitted throwing water over the pinin- tiff. The alleged slander was stated' to have uttered before Mr. Karistrop and other bystanders, but the only person who had come forward to Mr. Philip Girobano, an executive officer of Italia; an Italo-Anterican

testify was Mr. Karlstrop. The words used were not slanderous, and were newspaper, has asked the Federal

On February 18, two cheques in nothing more than vulgar abuse, Court for an injunction against Mr. connection with the loan were handed In the witness box, defendant Cordell Hull, Mr. Henry Morgenthau, Mr. George Dern, Mr. Claude Swanson over to Chan. On the afternoon of denied having struck, kicked or called the same day the ore was shipped plaintif any names. What she and Mr. Daniel Roper, all members

on the A.. Sai On, alleged, he stated, was entirely false. of the United States Cabinet, restrain- to Hongkong

this incident occurred, Mr. ing them from imposing an embargo accompanied by a foki of plaintif When

Karistrop was not in the premises on the export of cotton, oil, copper firms, named Hon Wai-man. He was

met on arrival by a clerk of Messrs. and the assault was never mentioned Mr. Girubano is American Bodiker and Co. Au Shlusting. The to Sergeant Dixey-Beale.

ship

und arrived at 10.30 p.m

Au asked Hon. which

His Lordship: Do you, say that he let avas for ship has come to Court and deliberately ment and which for storage. Hon led7 replied that lots four and five were for shiphient and Au then made ar rangement for the goods to be stored Washington, Dec. 3. in the Chinn Provident rodowns, Mr. Mr. Harold Ickes, Secretary of the Soltau, the Hongkong nanager, later Interior, has retracted his sintement went on board the Sai On to examine favouring an oil embargo against the bags and found that they were Italy.

not sufficiently well-packed for ship- He declares his remarks concerning ment to Europe. He opened several exports to Italy and Ethiopia were of them in order to ascertain if the misunderstood. He only meant to bags actually contained wolfram ore. |requent compliance with the Govern

ment's efforts to stop the shipment of munitions and wheat-Reuter Special.

Jun

citizen. He claims the embargo would chuse him personal Jong-United

Preas.

RETRACTS

EUROPEAN ON THEFT CHARGE

CASE FIXED FOR

HEARING.

F. W. Kendall, of Shing Mun, war summoned before Mr. E. I. Wynne

ke

שונן

GOODS RELEASED

NOT THE TRUTH.

Witness: 1 say he was not telling the truth."

is Lordship: You have put it more politely than I, but the effect is tho

Hame.

In answer to a question by Mr. Arcullt, witness sald ho "was Atill suffering from injuries received dur ing the War and was not strong enough to engage in a struggle.

Three servants of Jimmy's Kitchen then testified that they saw no an sault on the plaintiff.

Dr. H. D. Matthewn was then call-

He

On March 7, Chan Ham-on called on Mr. Bodiker and said that he had arranged for the sale of 50 tons of the ore to Mesars, Jebsen and Co. ate and testified that he examined Mr.

on November 25, $73 per picul. The goods were re-MacPartland leased on Chan paying a certain sum was of the opinion that Mr. MacPart- larut could engage in a struggle, but of money.

Several days Inter, Mr. Bodikerit would not be wiso, as it would not was again asked for the release of the do him any good. Defendant's blood remainder of the goods, The plain. pressure was abnormal, being on the

high side. the tiffs brought the remainder of

His Lordship. hold that the words loan to the office to redeem the goods, but Atr. Bodiker told them that it was used wore disgusting, but not slander- of no use as he had already

talled by the plaintiff's side was com-

Jones at the Kowloon Magistracy this the ore to Hamburg. A suggestions. He found that the assault as de

Counsel

morning on the complaint of Lam was then made to Mr. Bodiker that mitted and he gave judgment in her Cheong, who alleged that the defen he should replace the ore but 317, that ground alone, of $100 dant stole from him, on November 10, Badiker refused, saying that the and 75 per cent, of the costs. various wages account books, coolies plaintiffs had knowledge that he was

to Europe. the provision account books and other going teel then went on to submit shipped the goods without the know-

to ship goods to documents.

Mr. G. S. Ford, of Messrs. Wilkins that the defendant company had ledge of the plaintiffs, he would have son and Grist, represented the com- ovory right to convert the goods, a readily jumped at the idea in order plainant and anked his Worship to it had been verbally agreed between to cover up the alleged. irregularity. Counsel further denied that his fix a date for the hearing of the case, the parties. He contended that the

tills property to gamble in exchange clients had taken advantage of plain-

loan.

It was intimated that for the Mackinlay would appear defence.

The afternoon of Monday, Docem "ber 0;" was fixed for hearing...

goods when the suggestion was made refusal of Bir. Bodilar to replace the

to him showed that it was the action In order to make a profit from the

of a man who was obviously in the right, because Mr. Bodikor had

The case is proceeding.

10 DAYS EXHIBITION

OLD AND NEW PRINTS

KIMONOS AND OBIS

CULTURED PEARLS

BY

MR. T. OKAMOTO

Т.

OPENS WEDNESDAY NOV. 27th OPEN FROM 9 A.M. to 7 P.M.

KOMOR & KOMOR

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

Hongkong.

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