1935-12-10 — Page 21

THE HONGKONG TELEGRAPH. TUESDAY,

MOVE TO REDUCE BODIKER CASE

WORLD NAVIES

JAPAN OPPOSED TO BRITISH PLAN

OFFERING ALTERNATIVE

SUGGESTIONS

London, Dec. 9.

The London Naval Conference is quickly coming to grips

CONCLUDES

PLAINTIFFS WIN ON

BIG CLAIM

FULL TEXT OF

JUDGMENT ›

Judgment for plaintiffs with conta was given by the Chief Justice, Sir Atholl MacGregor, at the Supreme Court this morning In the action brought by the Ying Wah Co. of Canton, claiming $68,500 from Messrs. Bodlker and Company for wrongful conversion of recurity placed in their hands

against a Iran of $97,440. An application by the defence for stay

pending a possible of dreamition. appeal, was

Eldon

DECEMBER 10, 1935.

ed to ship 50 tons for ho writes in his letter No. 177, "we should say you: have to do this (opening each bag) with 50 tons at once becsund wo ship this lot meanwalle." If that was the. position on January 30 IL in

little dimcult to appreciate why the necess ary, provision for shipment was not. made in the original agreement, HALF-HEARTED EXPLANATIONS.

pro.

RADIO BROADCAST

Chamber Music by The Z.B.W. Trio

Secondly, in spite of the half- hearted explanations offered by wit nesses for the defence, I cannot read into the defendants' correspondence with the Bank anything but a

·EDUCATIONAL TALK categorical statement to the Hong- kong Bank

the ore that

was the pro-

From Z. B. W. on a wavelength of perty of defendants. On any ration-356 metres (846 kilocycles):

4-7 p.m. Chinese Programme, al interpretation of the English langu- the letters are capable of no other

7-11 p.m. European Programme, construction. If the plaintiff

7-7.30 p.m. An Orchestral Pro- had by that time agreed to silpment through gramme. defendants there would appear to be Overture "Fidelio" (Beethoven). no reason

eason why defendant anould not fungarian Dance No. 5 in Fsharp. the Bank and get the plainting' writ L'Apprenti Sorcier ("The Sorcerer's have put the position frankly before Minor (Brahms). ten consent to the banking transac Apprentice) (Dukas).

shipment

tlans which accompanied K.C. instructed

with the major issues. This is evidenced by the fact that the R-C., and Mr. Leo D'Almada, nr., Cakang. Informing him

first business to-morrow is expected to be the British proposal for quantitative limitation of various categories of ships of the world's navies,

These proposals will probably have the United States'

by Mr. E. S. Brooks, of Messrs. Hastings and Company, appeared for the plaintiffs, and Mr. F. C. Jenkin,

Messrs. Wilkinson and Grist, were for instructed by Mr. J. T. Prior, of the defendants.

Giving judgment,

His Lordship sald: The plaintiffs claim alter- hatively for damages for conversion

in

La Scala di Seta Overture (Rossini), 7.30-7.40 p.m. From the Studio, The 0th of a series of Educational

Talks by Uncle Mac.

Thirdly come to the letters from Messrs. Hastings and Company which to me at least are very illuminating, On March. 14 Mesare, Hastings and

wrote to Mr. Soltau

7.40-8 p.m. Vocal Gems. The Bells of New York. that the

The Vagabond King. 1,000 bags of ore shipped month Previously and as defendants alleged, Musketeers Melodies No. 1. with the full concurrence

8 of the Report

p.m. Local Time and Weather

Closing plaintiff,

Local were the subject of Quotations.

Stock

and lie on purchaser and his Boy Friends.

8.05-8.27 p.m. 'Carroll Gibbons might have

have inspection next day.

backing, but are bound to be opposed by the Japanese, whose or for money had and received by the provisional agreement for sale, and insistence on parity with the United States was announced defendants to the use of the plaintiffs when a similar proposal was put forward last year at a pre-in respect of a transaction in wolfram paratory conference.

ore can be stated quite shortly.

30, 1935, by,

a contract defendants lent to the security of 2,000 bags of wolfram or

the sum of $97.140 on the deposited with the defendants

Commentators are busily discussing President Roosevelt's letter to Mr. Norman Davis, written last year, suggesting a twenty per cent. cut in all navies, But it is understood that although that is what the United States would like to ac complish, the American delegation has no intention of pressing the subject at present.

The American course, it là believed, will depend upon the reception given to the British quantitative proposuis. -Reuter.

JAPANESE SUPPORT

Tokyn. The

D.

It is the forecast here that Japan will approve Mr. Stanley Baldwin's proposal for an agreement against the misuse of submarines.

#:11

But Japan will strongly oppose President Roosevelt's suggestion of twenty per cent. reduction for tonnage, and also the British scheme for

quantitative or qualitative reduce ttan of submarines.

Japan

and dema take the contrary sinud,

an increase of submarind

for herself to a 78,000 foll tonnuge level iniling a Iritish. and American agreement to large quantitative and qualitative reductions in capital slips and aircraft carriers which Japan considers offensive weapons--Brufer LITTLE HOPE OF ACCORD

Honolulu, Dec. 9. Returning from a visit to Japan, Senator Nyo, chairman of the Senate Munitions Commission, upproved of Mr. Norman Davis' proposal for n flat reduction of naval tonnage but said he had little hope that naval conference woull be success fol.

SABOTAGE ON U. S.. WARSHIP

CRUISER BADLY DAMAGED

(Special to "Telegraph”)

Boston (Mass.), Dec. 9. On the heels of the incident at Devonport Dockyard, where acts of abotage resulted in damage to the electrical Installation on the battle ship, Royal Oak, and the submarine, Oberon, comen news of the ruin of the turbine reducing gears of the new heavy cruiser, U.S.S. Quincy, at Fore River shipyard bore,

The damage was so extensive that it will cost £10,000 to repair.

nuts

It

were so placed that vibration set up appear that loose steel

theby

He added that Japan would acquire naval parity whether she were allowed 'it or not-provided, of course, she could afford it or thought she should have it for national security,

the starting of the electrical machine caused them to fall into a vital part of the revolving mechanism,

Reuter Special.

The dinner dance in connection with the longkong Accountants and Ho saw no throat to America or Secretaries Students' Society is to he any other western power in Japan's held at the Rose Room of the Penin- demand for naval strength compar- | sula Hotel, and not the Hongkong -able-with-the-United-States', - he said. | Hôtel----Roof - garden, - ou---Saturday,

--Reuter.

December 14.

DAY BY DAY NEWS IN BRIEF

HI. M. submarine Otus leaves for Singapore to-morrow for the purpose of picking up reliefs for part of her crew, The Otus has been delayed for some time while minor repairs were being effected.

IT IS DIFFICULT TO NEGOTIATE WBERE NEITHER WILL TRUST.-Dr. Johnson.

The E. and A. Steamer Chanzte from Australin, is due at 1 pm, 10- day and will berth at Kowlong wharf instead of Holt's wharf.

It is notified for the information of elvilians attending the ceremonies of welcome to Ha Excellency Sir Andrew Caldecott, Governor Design ate, on December 12, that decorations will not be worn with morning dreas.

T.

in

On

plaintiff whe

In

If defendants story is a true one such a letter was sheerly fantastic would, one would have imagined. have produced an immediate and curi reply. No answer was in fact sent. Mr. Soltau has explained that by stating that he at once telephoned to Bodiker in Canton, Mr. Bodiker niso

tid he reply to a similar letter ad- not reply, or, strangely ennagh, dressed to him by Mesars, Hastings and Company the following day.

1. If the Moon turns Green.

2.

Give me a heart to sing to.

3, Smoke gets in your eyen.

4. You've got to admit,

6.

Now that You're gone.

7.

G. It's an old Routhern Custom.

According to the Moonlight. 8.27-0 p.m. "Le Bourgeois Gentil- homme" (lichard Strauss, Op.60). 9-0.16 p.m. A Relay of Daventry News Bulletin (Copyright by Reuter).

the

8.16-9.40 p.m. Variety Items, Vocal-If I had a million dollars.

The Boswell Sisters. Instrumental-Melody in Spring.

The Four Bright Sparks. Vocal- Heard,

the ore, which was in four lots, was delivered by the plaintifs to the defendants' representative in Hongkong, 1,000 bags were shipped by the defendants on 8.8. Gansterkerk to parts in Europe, on or about ebruary 10, 1935.

The remaining 1,000 ngs were deposited in the China Provident Godown storage chargra being payable

by the plaintiffs to the defendants. Almut February 12 the defendants

drew a bill on Hamburg for £8.255.16.0 a aum which admitted. y was arrived at by taking the full market value of 8-10 piculs of are and discounted the Bill with

the

Ilong- kong and Shanghai Bank for and warehouse charges. Throughout Vocal--In the shade of the old apple

༞ sur which represents 2T1 ontimated price of about $81.40 per picul.

Early in March, owing to theclun

in exchange, the defendants called upon the plaintiffs to put up further margin. The plaintiffs there upon old the remaining 1,000 bags to the sum of $50,000.00, Messrs. Jebsen and palil to defendants

the

The ore which had been shipped to Europe was ultimately sold in Ham burg #4 realised £441.12.5 less than the amount of the

£5,814.3.7

or Bill drawn by defendants in respect of

Roods The pinintiffs further allege that. acting on legal advier, they attended at the office of the defendant company in Canton on March 20, taking with thom a sufficient sum to discharge the amount then due to the defendants, but when they offered the amount due they maintain that Mr. Bodiker sali it was useless to da sa as the ore hard been shipped to Hamburg.

The writ in this actim was issued on March 30, 1935.

THE DEFENCE

DIRECT CONTRADICTION My fourth point is one which ap pears to me to furnish, from Mr. Bodiker's own pen, a direct contradic- tion of the story which he and his supporting witnesses have fold in

The Four Crotchets. Vocal Duct-Moon Glow, this Court. Their story in that Chan Hamon was anxious to ship half the

Layton and Johnstone. ore in fact, he wanted direct tran-Banjo Solo-La Vivandiere. shipment in order to save handling

Ernest Jones,

Ir

the

години

tree,

The Four Aces, Vocal Duet--I'm on a See-Saw;

Louise Browne and John Mill. 9.40-10 p.m.

From the Studio, "The 2.3.W. Trio". Programme.

1.

month of February defendants and plaintiffs were ad idëm;

Defendants had nothing to conceal. Yet on March 16 we find Mr. Hodiker writing to Mr. Soltau: "The people have been here to-day and after we had given them a plece of our mind they received from Pui Chee mark and sumber and steamer's name in order to sell the lot to the interested We cannot withhold the steamer's know it already and only asked for it name from them. Besides they Bulletins. again. Wo have great doubts tions. data

they required this (sic)The Whistler and his Dog (Pryor).

for

given The Whistling Famer Bay (Fillmore). by them." If the defendants' story Blaze Away March (Holzmann). is true why write in such a strain at The Jolly Coppersmith (Peter). this? It is meaningless except on the Washington Post March (Sousa). assumption that the fact and manner Alexander's Ragtime Band (Berlin). of shipment had been concealed from the plaintiffs as long as possible.

10.30-11 p.m. Dance Music. Lastly, I deem

11 p.m. Close Down. defendant company's departmental my duty to make reference to certain passages in the correspondence which, though they with interest and storage charges to have no very direct bearing on the date." facts of the case seem to mu to be of considerable importance when I come to decide how much credibility I would repose in the word of the defendant Bodiker.

Trio (1st and 2nd Movements). . (Mendelssohní. 2. Syncopation party,

Kreisler, 10 pm. Big Bent Router Press 10.10-10.30 p.m. Band Selee-

The passages to which I particular

QUESTION Of tender

The Cheung Wai-chuen and Hon Yun-han

plaintiffs Chan Ham-un, have sworn that after sending thin letter to the defendant they rained the sum of $82,000 from three hanks Canton and took this sum together with $10,000 of their own to Mr. Belker on March 20 when the conver- sation to which I have already refer

The defence is that on January 31, 1:35, prior to the making of the manly refer are as follows:- ant before any breach of the written agreement of January 30 was com

Canton produce No. 184-5.2.35: mitted, the plaintiffs and the defend-

"Describe the exchange as unfavour ants mutually agreed to substitute for able as possible although at present. the written agreement a verbal agree-postscript to the same letter: "If red took place.

it is going in our

And the favour. ment identical in agreement in writing save, that it was offering firm 20 tons 36/- March) n

the Hamburg's reply. (ton cablegram then agreed should ship 1,000 bags of the re to the telegram translation please, ar- that the defendantsrived to-morrow and when sending us optional por

ports in Europe at the cl, range a corriger la fortune and write expense and risk of the plaintiffs,

about 1/- less. The telegram con- This alteration in the contractual

terms with the

In confirmation of their story they and counterfoila showing the borrow- have produced their cash book, slips ings from the Banks.

The forthcoming wedding is an- relationship of the parties is as stoutly lion has to bear your Hongkong | chi and Lo, all of whom work in the

nounced of Mr. Percival Bernard concrete of 190 Prinze Edward load, and Miss Minnie Pinos. of 107 Bultfontien Road, Kimberley, South Africa, who is eu rate to the Colony per a Hootman.

in

denied by all the material witnesses

for the plaintiffs, as

as it is asserted by letter, produce 982, writen in a similar Soltau on January 31 in. his is therefore strain. "It will be better if wo ship unpleasant duty to decide on the 50 tons; through this we will get which side the truth lies.

a better hold over the dealer." This onus of satisfying the Court of the making of the new agreement is on the defendants, and verbat

DISHONESTY POINT, have no hesitation in saying that they have completely failed to charge-that barden.

dis

ונס

H

my

For the defence Badiker, Chan Put- Canton Onlce, have

inve stated categorical- plaintif Arm visited them that day. ly that no representative of the instruct their solicitare, Mesars, Wil- If that is, so why did they not so kinson and Grist who, in their letter of March 21 to Messrs. Hastings & Compa

lottery while acknowledging the

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"SUPREME"

DAIRY FARM FED from 85 cts. per lb.

Australian and

Canadian Birds from 80 cts. per lb.

own contemporaneous ¤s-

I

Local Birds

On the application of Detective Sergeant . S. Brooks, Mr. Macfadyen

of March 19, any not a word Brought before Mr. Minefadyen, at the Central Folice Comt this

Mr. Jenkin opened his speech for about the plaintiffs' failure to call the Central Police Court this morning, morning made an order for the con

the defence by deprecating Mr. Pot upon the defendants in order to ten ter's use of the word "dishonest" to a young man, Pun Tat-ming, was] fikention of 350 eatties of salt, 100 Mr. d'Almada, counsel for the des

der the money. describe such sentiments and the con- bound over on a charge of riding a eatties of sugar and 150 eatties D

ilere again, 1, without difficulty, bicycle in a manner dangeroute to the rice, found unclaimed and unmanifest fulants, bass frankly, states list he duct of Bodiker and Selinu general-arrive at the conclusion that tender public in Lytilhurst Terrace, Sergeant, it i

aboard the steamer Kwong, Sai, or Cheung Wai-chues in cross-exam-

failed to shake either Chan Ilani-on Dishonesty is a frailty for which: was made. All parties knew that in Daly said defendant was standing lying at the Yuen On wharf, on nation. I might add that he made Bay no more than that persons who so formality, and I cannot instgine the there are many synonyms and I shall the circumstances tender was a mere with both feet on the left hand pedal; December 1. A

similar order Was equally little Inipression made with the vehicle in motion.

of 350 catties of rice Yun-un, the foki of the plaintifs, regard of business morality are gold money and then faillag to tender it. Hon openly and unctuously put on paper plaintiffs, in the face of the advice respect found by Sergeant Shevkoplas whose evidence on many points was

expressions which show a callous dis given them, raising the requisite The Secretary of the Hongkong unclaimed and unmanifested aboard of first rate importance,

by ethi

ethical Y.M.C.A. Division, St. John Ambu- the steamer Stanley, berthed at the

standards which In view Inace Brigade acknowledges the re- San Mei Wharf, also on December 1

TESTIMONY DIFFERS

are very far from those by which

CLEARLY GUILTY.. conimercial transactions should be ceipt of the following donations to Inst.

Mr. Bodiker, sole proprietor of the governed. Each of the suggestions clearly guilty of conversion of 50 ton

In my judgment defendants are wards the Y.M.C.A, Divisional fund

defendant firni, Mr. Soltau, the expart tions, Stefa dnes of Co, boy, pleaded guilty before Mr. Mac- the firm and Chan Pune branch of

which I have quoted is to my mind so of wolfram are which they shipped with grateful thanks and

Wong Tim, 21, stated to be a room manager of the Hongkong branch of unscrupulous as to disentitle the per- to Hamburg and the plaintiffs are $50; British-American Tobacco Co., fadyen at the Central

Magistracy interpreter in the Canton Office have says which directly touches h's own

son who makes any one of them to the entitled to damages for such conver $5: Nanyang Bros. Tabacco Co., $14; this morning

slightest credibility in anything hoon. 40 charges of the given evidence for the defendants." In Bank of China, $1.

possc ion of 175 po più lottery certain's

far from unimportant

pocket.

The defendants at or about the tickets; printing amouncements and the testimony of these trece, witnesses Fines totalling $100, or, in default, keeping the second Bour

date I am convinced beyond any doubt question at $68,000, a figure which of shipment valued the ore in 34 differs, but there are in thi of two months' hard labour, were im-D'Aguilar Street as a common

case that the defendants story of the aubthough high is not extravagantly posed upon Li Tim. 64, barmployed, house for po pin- Fines tot much more cogent reasons for pre- stituted agreement of January 31 has higher than the quotations given by

ferring the plaintiffs vesin of what no foundation in fact. If by Mr. E. 1. Wynne-Jones at the Kow- $125, ur six weeks' hard labour, were took place than mere discrepancies point I had

at this independent witnessÉS, loon Magistracy this morning, for Inflicted. Detective Sergeant J. in testimony, which might well be

Any lingering shadow of T feel that I cannot do better in keeping a common gaming house пі Shepherd was for the

would be dispelled by this these circumstances than take tho No. 7.Waterloo Road, third floor, and Loung Mui, 40, with prosecution, due solely to the fallibility of human phenge from Bodie

Kuilty

Inrch 10 written after the receipt of sessment of the value of the ore. of 137 po pia lottery to the possession of 797 po pi lottery possession

Five matters have particularly in- ticketa. Detective-Sergeant J. Head tickets at Hollywood Road and was fluenced my judgment on this point. Company.

the letters from Mesars. Hastings and therefore give Judgment for the ridge prosecuted. The tickets were fined $150, or six weeks in default.

Realising Mr. Bodiker in spite of his declar being so obstinate that the old agree-

these people plaintiff for the sum of $68,500 with ordered to be destroyed.

Inspector Smith prozed

prosecuted.

interest on that sum at the rate of ed trust in Chan Ham-on with whom ment cannot be mended we are now eight per cent. per kanum from

was negotiating, was prudent arriving at a new one." An unemployed youth, Lau Yat-nin,

enough to reduce into writing the

February 12 until this date, less the nged 17, was sentenced to a total of

agreement of January 30, and there- tion of sumcient tender on March 20, admittedly owe to the defendants,

I turn now to the plaintiff's allern-sum of $11,830.93 which plaintiffs five months hard labour by Mir. E. L. Kowloon Magistracy this morning, after to get from Chan liam-on a

1935. Wynne-Jones

The defendants must also pay the at tho Kowloon with unlawful porsession of a plne written receipt and a written risk note. morning when he ad- irce each at Diamond Hill at Kowloon to cover the transit of the ore from on March 8 the outstanding balance

After the part payment of $50,000 taxed coats of the plaintiffs. stealing

City yesterday. All defendants plead- Cauton to Hongkong, yet on January 110.00 to which should be added in- of loan due to defendants was $41,-

POSSIBLE APPEAL ed that they picked up the trees on 31 he neglects the elementary pre-10 watch from the Bervants the hillside. The mea, Yan Tung, caution of putting the new agreement terest and storage charges bringing structed to ask for stay of execution 'Mr. Jonkin said he' had been in- coolto. And Wong

writing, though on January 36 in the total up to $41,830.03. 24, unemployed, were a letter to Mr. Soltau in Hongkong, he The plaintiffs had taken legal ad-ending consideration of the matter Mr. Potter said if the taxed costa stated that defondant, was

was niant, Wong Mui,

to the do and we may have to put end

fendants in Canton

were paid on command and the a lotter detective with

or, in default three weeks hard up a fight with him." the blanket $15,

the following In passing 1 Inbour, Mr. K. W. Forrow, of the would mention that it is clear from clients will take this letter with then on to stay of execution.

paragraph: HOur

forthwith. he would raise no objec- the Shamshuipo Polico Station where Botanical and Forestry Department, the letters from Canton to the flang-to your office to-morrow and formally he admitted the thefte. Defendant prosecuted and stated that the trees kong branch of defendant firm, that tender to you the sum of $41,440.00 tlon to 14 days under the conditons His Lordship granted stay of exocu- had been employed at the tenhouse. were valued at $16 each.

on January 30. Bodiker had determin being the balance of the loan together mentioned by Mr. Potter.,

tjj

this

tet, a quantile

Magistracy mitted five charges clothing and

a

a

of

72 and 74 Felho Street,

memory.

እነዚ

Two men and o widow were charged before Mr. E. I. Wynne-Jones, at the

In

doubt

of

quarters of the Yau Po Teahouse, Nos.191, "hiskin with the alternative off writen this of his trusted colleague: vice and on March -10 Messrs. Host with the possible view to appeal.

November 28

between

and December 0.

prove-Sergeant Gooilwin for that six 240, was fined i

seen

by a

#

in his possession. He was taken

, while the wo-nately this man is rather inga and Company wrote ontaining amount of the claim paid into Court

from 58 cts.

Satisfaction assured.

THE DAIRY FARM, ICE & COLD

STORAGE CO., LTD.

The following are new subscribors Cathedral Mother's Union, John A. to the John's Fund: E. Nowhouse, Fox, James John Foster, Baby John F. J. T. Locke, John McCanes (In Grey, John Richardson, Jean Richard. Memoriam), John Farr, John Peggo, son, John Bennitt, John Ho Ar Hoo Alfred John Allison, Dr. John Gowdy (In Mentoriam), Dr. John Clark (In (Foochow), Hogh John, St. John's Memoriam)