1937-07-29 — Page 19

ARGUMENT IN OPIUM CASE

NEGLIGENCE PLEAS

DISPUTED

Several hours were added to the hearing of the £10,000 oplum con- Ascation case before Mr. Justice C. G. Alabaster this morning when Mr. Potter and he would have to repent his entire opening to reply to submission by defendant's Counsel that there was no ease to answer.

THE HONGKONG

TELEGRAPH.

PEIPING'S DEFENDERS Rifle Lost In

DIVIDED

(Continued from Page 1)

the closh is sill in doubi, Fighting there continues.

Tientsin reports stole fighting broke out at Taku. It was apparent- ly reinted to the Japanese claims that Chinese troops had red with trench mortars on the Choan Maru, arriving from Moji The ship was not damaged.--United Press.

Belated Denial

500

Manoeuvres

Thief Caught And

Sentenced

before Mr. W. Schofield with the

THURSDAY,

JULY

JAPANESE ROUTED AT TIENTSIN

(Continued from Page 1)

alurms and clushes, and only Chinese celebrating some belited report of i victory with the explosion of vast quantities of firecrackers continued the contusion.

SHELLS IN CONCESSION

At this time the Japanese reported that a house in the Japanese conces-

mortar shells, and extra police were sion had been wrecked by trench the concession then arsigned to boundaries to restrict movements to

from the Japanese Brea.

29,

1937.

RADIO

BROADCAST

A Talk on “Food For Thought" from London CHILDREN'S CONCERT

Radio Programme Broadcast by

(845 k.e'e) 31.49 mètres (0.52 m.c’c). Z.B.W. on Wavelengths of 355 metres 8-11 p.m. Chinese Programme. 5-8 Relay of the Dance Orchestra from the Roof Garden of the Hong- kong Hotel.

0.00 Studio: Children's Concert.

Unch Plano and Víolla

6.45 Recital.

Prelude No. In C Sharp Minor Piano solo by Harelet Cohen, Sonnta for Violla and Plano in G Major: Adolph Busch Violin; Rudolph Ser- kin Piano: English Sulle in A Minge the Inter-Plane solo by Harold Samuel; Two Minutes from Sonata No. 6 in E Major Violin by Henry Merckel; Prelude from Sonata No. 1 in. G Minor Violin by Henry Merckel.

The mysterious disappearance of a Service ride belonging to Lance Cor- poral Warrick, of the Royal Engi- | neers, at Tytam Gap during the voip- bined manoeuvres Inst March was Tientsin, July 20 (0.47 m.) this morning, when Tenug Kam, aged mentioned at the Central Mugistracy The claim is by the Bank of A Japanese communique denies the Talwan, Ltd., and H. S. M. R. Chinese claim to the capture of Lon-50, unemployed, coolie, was charged Kazerpont & Sona, merchants of fang, but admits a Chinese detach- Bushire, Persia for £10,000 for less ment fitriously attacked the position. larceny of the rifle on March 20, and and

possession of a rifle without a licence Meanwhile, Japanese warships had of a cargo of oplum which was seized The Japanese garrison, being greatly from the Inspector General of Police, opened fire on Chinese positions st by tire Chinese Government nt outnumbered, was finally

reinforced

Inspector A. Wright, who prosecut-Tangku, and the Japanese reported Shanghai In November, 1030. The by armoured cars, whereupon the defendants are Rickmers Rhederal attack was repulsed, Trale has been ed, said that during the combined early to-day that their land forces has ce manoeuvres, L/Cpl. Warrick had were also engaged in battle with the A.G., owners of the an. Claus Bick-resumed by call and road to Lanfong been member of a station based at Chinese, who had atacked the gar- mers whose agents are necused of A Japanese military train, Tytem Gap.

At 2 a.m. on March 20, rison there. negligence in failing to conform to engine elaborately protected, and he came off duty. It was a wet and

Tientsin, July 29 (11.54 a.m.) Customs Regulations, a breach of

carrying

troops, has left for foggy morning, and, to

keep

18

At about 10.30 rifte

a.m. which led to the confiscation.

Yangtsin, followed by a repair train, dry, he placed it in an equipment national Bridge here is impassable, Mr. Eldon Potter .c., and Mr. H. to restore the trucks torn up in box. On getting up at 5 a.m. he due to constant sniping. French found the rifle had disappeared, and troops are erecting sandbag shelters C. Macnamara were Instrueled by several places by Chinese troops, Mr. R. A. Wadeson, of Deacons, for

reported its joss to the police.

and adventurous foreigners are the plaintiffs, while. Mr. H. G. Shel-

The rifle was valued at £7 35, 44, } watching

the

Aighting from the don, K.C., and the lion, Mr. Leo

but 1/Cpl. Warrick was called upon (bridge-head in the French D'Almada, were instructed by Mr.

to pay £2 13s. 94. for it to the mili-sion. This concession teeming D. II. Blake, of Wilkinson & Grist,

tary authorities.

with Chinese flags, for the populace for defendants,

Abrul 8.30

p.in.

is celebrating the victory of their kong Exchange Market. on July 27, defen- is dant was

arrested on information in troops at the station not far distant. Tal Chung Street, Shaukiwan He A tour of the Japanese concession

discloses the streets

are deserted, was carrying the rife, and said be was taking it to sell to a junk. He with candbags piled at the intersec

barbed wire entanglements. Foreign-the

are pushed back from the boundaries and often beaten by the guards, fierce little saldlers.

Dr. Hala, in the witness box con- tinued his cross-examination by Mr. Shelden.

this oplum was not manifested?

|

Fifty trucks from Fengiai have also arrived.

Three additional troop trains from Shanhailewan are now on their way to Tientsin-Reuter.

Evacuation Forced

Nanking, July 20 (5.10 a.m.) Military reports, compiled at mid- Chinese have been forced to evaeunte

is

conces-

7.13 Peer Gynt Suite No. 2 Grleg Op. 63 New Light Symphony Or- chestra. Conducted by Eugone Goossens.

7.30 Stock Quotations and Hong-

7.35 Three Songs by Paul Robeson, The Black Emperor: Lonely Road; Canoe Song.

7.45 Relay from London, Robb

Court of 'Not-So-Common,

Mr. Sheldon: You do not say that night and just released, indicate the admitted stealing the rifle, but saktions and the boundaries blocked by wilton, as Mr. Muddlecombe, J. P. in Witness: It was not manifested at /Fength and Lanfang and that Tunk or coal. The rifle was now absolute- or are ullowed to pass, but Chinese Please Written by Robb Wilton on

chow not yet in their hands, thoughly

Is fighting 1s continuing beneath walls.

Shanghol.

Did you know that the oplum was accompanied by a manifest from Hongkong to Dalren?—Yes,

its

he originally meant to steal a jacket

unserviceable.

or serve another month's hard labour

His Worship pointed out this fact It is not expected that the Chinese to defendant, saying the weapon was will be able to hold Nanyuan, the now nothing better than ald iron.

Sentence of three months' hard la- Imain barracks of the 20th Army, Just On the question of importation, outside Pelping, for it is being sub-bour was passed on the first charge, Counsel asked: I uut it to you that jected to a heavy air and artillery and an order to pay $40 compensation importation within the meaning of bombardment. the Scetion means Importing Into Chinese territory or territorial waters

The Japanese are reported to have was made, whilst on the second count, ax the ullimate destination, expelled the Chinese from Shahochen, defendant was fined $50 or a further 13 miles north of Peiping, and Chino-month's hard labour, all the prison contradistinction to transhipment or opium In transit?--That is not the chen, midway between Shahochen

and Peiping.--Reuter." meaning here.

+

Under

NOT A SMUGGLER

the conditions that been described, do you think

have the

Moves Up To Front

terms to be consecutive.

LONG WAR IN CHINA PREDICTED

(Continued from Page 1.)

Tientsin, July 29, (9.30 a.m.) It is reported that General Sung oplum could possibly hove

Chch-yuan has moved been

up to Pat- smuggled ashore?-My answer is oftingfu, where he will be in a position no value, as I am not a smuggler. to direct Chinese operations in the Press reports of the matter were ex-

Witness added that he could not sell better than if he remained at aggerated. suggest a means of smuggling Peiping.

He would keep Sir John's sugges- General oplum ashore,

Chan Tse-chung hastion in mind, however. taken charge af Pelping, it is be-

leved.-Reuter.

the

This concluded the evidenes for the plaintiffs and Mr. Sheldon then rose

Chinese Bomb Tungchow

Shanghai, July 20

to submit that there was no case for the defendants to answer. If is Lordship held that there was a case, he would use his submission as his f It is reported from Peiping that the opening address for the defendants,Chinese Air Force has inflicted heavy he said.

damage on the Japanese barracks in-

side the West Gate of the walled city of Tungchow, as a result of a rald carried out to-day. All Government buildings and barracks of the East there opel organsation

bombed,

Counsel said his two points were, (1) there was literally no evidence of negligence; (2) assuming that there was evidence of negligence. was no evidence that such negligence caused or contributed to the loss of the cargo.

were heavily

Stray bullets can be seen and heard in all the concessions.

STATION BESIEGED

A1 11.30 a.. a poorly armed force of Peace Preservation Corps men is besleging about 200 Japanese troops

inside the East Station.

it is

is reported by the Central News Agency that the Consular body at Tientsin has decided to order all foreign nationals into the foreign eoncessions immediately. - United Press.

DESTROYER FIRED ON

Tokyo, July 20 (12.52 p.m.) The Navy Ministry issued a com-

stating munique to-day

Chinese troops opened fire with trench mor- tars at 8.15 am, on a Japanese des- troyer lying off Toku

Bar. The destroyer returned the fire, and later the naval forces opened ari attack in in-co-operation with the Japanese mill-

tur forces shore-Reuter.

EARLY

EXPLAINS "SETTLEMENT" Mr. Eden then gave details of the agreement renched between the Japanese and General Sun Cheh yuan regarding the recent cidents in North China,

for

bu

Sir John asked whether it was correct that the Japanese were now demanding the right to police Pelping going further than anything called and whether that would not

In the agreement. Mr. Eden replied that if Sir John's information was correct that would The Japanese troops defending the be very much further than anything were forced to evacuate follow he had yet heard of Japanese de- In their pleadings, defendants hading the revolt of the Peace Preserva-mands-Reuter.

tion Corps of the East Hopel organisa- tion. Japanese Officials and mem- bers of the Government retreated to

Was

admitted certain facts of the case, that the oplum was taken on board, was destined for Dairen and confiscated at Shanghal. These facts brought the ease under the "Restraint of Princes" clause.

Mr. Potter, interjected to agree with the submission that on those facts alone the case would come under that heading. The plaintiffs went further, however, in alleging negligente which removed it from that heading.

city

SEES AMBASSADORS

MORNING

CLASHES

Tientsin, July 29 (0.35 u.m.). and central districts are reported to Japanese troops in the east, west have opened machine-gun fire on the men of the Peace Preservation Corps stationed on the roads leading to teriar points of the city to-day. The Japanese purpose was apparently to evict the Peace Preservation Corps

rc-

London, July 20. Tangshan. Many of them, unable to Mr. Anthony Eden, Foreign Secre escape, are reported to have been or-tary, 10-day was interviewed by Mr. rested by the Pence Preservation Quo Tal-chi, Chinese Corps.

Ambassador, and Mr. Robert Bingham. Ambas- Latest reports state that the 25thsador from the United States-Rex-captured Tungchow and Fengtai last Army entered the walled Tungchow this afternoon about

city of ter. o'clock, when a large detachment under Divisional Commander Chao Terg-yu marched into the centre of the city and occupied all Government Offices.

1

DIPLOMATS CONFER

from these vital approachinuing at 3 a.m.

Fighting was still

state

Chinese reports reaching Tientsin that Japanese troops

night, after heavy fighting.

Meanwhile, in this city, Japanese troops occupied the Chinese police London, July 28.

station in the former Belgian con- POINTS ANSWERED

Disquieting reports of fighting be-

cession, whereupon the Fence Pre- tween Chinese and Japanese soldiers servation Corps was given general Enlarging on his first point, Mr.

Later a party of Chinese workers around Pelping reached London to- Chinese

counter-attack, the orders for £ Sheldon said the first breach of duty attached to the Peiping Telephone day.

eventually regaining all alleged was that defendants neglected Company arrived at Tungchow and This afternoon the Foreign Secretallway station.

positions, including control of the to give advance notice In writing quickly repaired the damaged lines-tary saw both the Chinese and United troops are reported to have occupied Chinese regular to the Chief Tide Surveyor of Wah Kiu Yat Po.

States Ambassadors and discussed the arrival of the opum. It is

the Far East situation.

Pritsang Station, In a House of

Two hundred Japanese troops information in his possession regard Nankai, and using a Sino-Japanese Tokyo, July 29. The Emperor of Japan yesterday in recent events in North China, and, school for shelter, are said to have granted an audience to the Prime tations made in Tokyo against fight-Tise intentions of the Chinese are after recalling the urgent repres-been surrounded by Chinese troops. Minister, Prince

Konoye, who re- upon the North China Peiping itself, added that not exactly known. The second alleged negligent act situation, while General Gen. Sugi-British subjects have been advised to come Into the Legation Quarter ng a was that prior to the arrival of the Yama informed the Diet that the ship a munitest was filed whielt didi crisis was being fast aggravated by precaution.-Britisis Wireless. not mention the presence of opium.

"the

bad faith and arrogance" of the

Lordship rated against the defen- "Bad Faith and Arrogance" Commons answer, he gave the latest stationed on Chinese territory at

#

dants on that point it would be the first time In English law that "request" to do something constituted

to a breach of duty,

a duty, fuilure in which amounted

ported

He submitted that Section 73 which | Chinese troops.

allowed alterations or additions to Meanwhile the British Charge ULSTERMEN WELCOME

be made to the manifest within 24 d'Affaires and the American Am-

hours of lodging the original, was sufficient answer to that point.

the

bassador both called on the Foreign Minister, Mr. Koki Ilirota, who ex- plained to them Japan's position,

THEIR KING (Continued from Page 1.)

PRESSURE INTOLERABLE

the Peace Preservation Corps, who General Li Wen-tien, commanding

also commands all regular troops in the Tientsin area, in a statement to- day declared that the pressure by the Japanese military authorities had become intolerable and his forces had

an additional manifest setting out thy statement accusing the 29th try dancing and camp-fire sing songs been obliged to adopt defensive ac-

Reuter,

to

on original Idea by Burry Bernard,

8.00 Time, Weather and An- nouncements.

0-11 Chinese Programme. Relay from the Lee Theatre.

11 p.m. Close Down. 8.03-11 p.m. European Programme from ZEIC. on a Frequency of 010 kitocycles.

8.02 Light Orchestro.

Falling Leaves Ambrose and Ilis Orchestra: Piccadilly Ambrose and His Orchestra; Dellbes in Vienna Orchestre Raymonde; Parts 1 and 2 Serenade Passionee Jean Lensen and His Orchestra: Fantome Jean Len- sen and His Orchestra: Fantasia on Memories of Johann Sirauss Marck Weber and His Orchestra.

8.30 Relay from London. Reginald Foort at the B.B.C. Theatre Organ.

0.00 Relay from London, 'Food for Thought Three short talks on

matters of topical interest.

Old-

AJI-

0.20 Relay from London. Fashioned Dances.

0.30 London News and nouncements.

0.55 French Songs, Toujours Content de Mol Alberi Prejean; Si Yous Voyiez Cell que J'aime Albert Prejean; Tu Né Salt Pas Aimer Domia; La Fille Aux Matelots Damla; Le Secret de tes Caresses Tino Rossi; M'aimes Tu? Tino Rossi.

10.15 Dance Music and Variety. Foxtrot Let's Put Our Heads To- Foxtrot With Plenty of Money and gether Roy Fox and His Orchestra: You Roy Fox and His Orchestra; Carmen-Selection. Pinno

duct by Rawicz and Landauer; Faust-Waltz variations Plano duet by Rawicz and

Sweet, Waltz My Heart's in Landauer; Foxtrot Speaking of the Weather George Elilott and His Swey-Music Makers: Goodnight

Old

My Love Sung by Ruth Fiting by Ruth Elling The Desert Song There's Something in the Air

Sung by Gracie Fields: Ah! Sweet Mystery of Life Sung by Grackd Fields; Swing High. Swing Low Louis Levy and His Gaumont British Symphony: Waltz Will You Remember Louls Levy and His Gaumont British Symphony: The Love Bug Will Bite You Sung by Max Miller: Foxtrot That Song in Orchestra; Foxtrot With a Twinkle My Heart Jack Hylton and His

in Your Eye Jack Hylton and His Orchestra.

11 p.m. Close Down.

LEAGUE

ASSEMBLY

MEETING

BRITISH DELEGATES

CHOSEN

London, July 25. The Foreign Secretary will lead the United Kingdom delegation to the League Assembly in September, and the other two delegates will be Mr. Walter Elliot and Colonel Colville.

Substitute delegates will be Lord Cranborne, Mr. R.

Bernays. Parliamentary Secretary to the Ministry of Health, Miss irene Ward, Member of Parliament for Wallsend, Mr. Beckeit, Assistant Legal Adviser to the Foreign Office, and Lord Astor, who is Chairman of the League's Nutrition Committee.--British Wirg-

The third ground that they after A Foreign Ofee spokesman issued

Arrival of the ship. Bled ja

of breaking its the amount of opium

pledges and by Boy Scouts. carried and agreements, and asserting that its A gorden party was held in the tion. stating that it was opium in trans-hostile and anti-Japanese sentiments afternoon.

The Chinese were advancing at shipinent and the naine of the on-ean never be removed by pencetul

The formal round terminated in drome and cast

4a.m. to attack the Japanese nero carrying ship was unknown, he had persuasion or remonstrance." the evening, following

arsenal. Japanese never understood,

visit 0 Queen's University.--Reuter

planes are taking off.-Router.

THE KING'S THANKS

AIRPORT IS OBJECTIVE London, July 28.

Tientsin, July 29 (8.58 a.m.) Is Majesty the King has sent a wireless message from

Chinese reports state that Chinese less. yacht to the Governor of Northern Sino-Japanese Hultung Company's the royal troops are attempting to capture the

congratulates airport here, bat the Japanese assert

for

the the Japanese concession is the objec-patrolling the Italian

tive of Chinese sniping. Queen The Japanese Consulate reports and I will long remember the day two artillery shells landed in the by stray bullets-United Press.

Machine-gun bullets

His Lordship suggested that per- haps the fault lay in not fling the manifest before the arrival of the ship,

Mr. Sheldon sald in that case, the point merely reverted to the same question of the manifest.

Mr. A. el Arcolli is to distribute the prizes at the Free School of the Hongkong Chinese Muslim Cultural and Fraternal-Association, Wanchai, on Saturday at 2.30 p.m.

Counsel added that if the case Lord. Supposing I go on, my cul-

Ireland in which he und thunks all concerned success of the royal visit.

was an consistent with negligence as dence may provide a lucuna in the His Majesty adds: "The

they

MISCONSTRUED

quile

answer

It

onco, Mr.

Ireland. It was a moving experience have struck the Consulate.

manifcated

"REMNANTS" CAUSE

TROUBLE

namite soldier were Billed

when and French Concessione respectively,

It is presumed that they were hit

Washington, July 28.. evacuation of all American

The

it was with non-negligence, It would case whereas the Court of Appeal spent among our people in Northern ac struck be withdrawn from a Jury supposing might uphold my submission.

were hearing it. Assuming thini negligence was found, there was Mr. Potter said he could see this for us to see their traditional loyalty Japanese also assert that the Peace-allonals from Pelping is under con- no evidence that it caused or con- point and was -- tributed to the loss and, defendants to

In the vast cheering Preservation Corps is using anti-sideration. No decision has yet been prepared crowds and the beautifully decorated aircraft machine-guns against Japan- reached, however, Mr. Cordell Hull, being within the exception of "Res- Sheldon

had misconstrued js

streets. It was a great happiness to the planca nine of which are at pre-Secretary of State, told a press con-

ference to-day. traint of Princes," the onus was on opening which was:

If he gave Ings."-Reuter.

receive these truly affectionate greet-

sent scouting in the Tientsin area.

The White, House also United Press.

indicated plaintiffs to prove both the negligence evidence, (which he

had- done)

that

President F. D. Roosevelt was and its effects,

of 1 breach of duty conhecled

UNAFFECTED BY

keeping in clasest touch with Far with the goods, there was (a) no No reason for the confiscation had Restraint of Princes" defence and

INCIDENTS —

Eastern developments in order to been given in evidence and if the the

determine, Among other things, reason was not known, how could therefore, a case to answer; (b) the

whether the United States Neutrality London, July 28. the Court say that defendant's negli-relled

"Restraint of Princes" could not be The King and Queen left Northern

Tientsin, July 20 (8.50 a.m.). Act should be invoked. This would gence, if any, contributed to the con- relied upon and, therefore, defen-Ireland to-night at the end of that "remnants of Chinese troops piles to the belligerent nations.

The Japanese Garrison announces mcun the shutting off of all war sup- fiscation? "It cou

could not be found it, dants had to prove that the breach crowded programme of visits and started the fighting in Tientsin, which, Reuter. for example,

we authorities, had of duly did not cause or contribute Inspections carried through amid ex-it is claimed, the Japanese forces ate seized the opium because they sus Counsel quoted "If defendants fall-and affection on the part of the vasted no casualties.

traordinary displays of enthusiasm at present suppressing, having suffer- pected it was to be smuggled from Dairen to Indo-China.

ed to take steps that a reasonable crowds assembled for the occasion man would have taken, and which from all over Ulster and many parts might have prevented the apparent of the Free State. loss from becoming compleie," as the point of his case.

The

arrangements were quite un- affected by various acts of incendiar He stated, when the hearing was Ism along the Free State border which adjourned at luncheon, that he would occurred

On these ground, Counsel subalit ed that there was no case to answer. The Chief Justice: I should like to reserve that point until Mr. Potier

veplies to it at the end.

to the loss of the goods.

on

the ove of Their

Mr. Sheldon: I could not begin to have to repeat his entire opening to Majesties landing in Ireland-British agree with, such a suggestion, myshow, there was a case to answer. Wireless.

apparently there is no general action Scattered aniping continues, but proceeding-United Press,

FOREIGN CASUALTIES

Tientsin, July 29 (0.50 a.m.). The foreign authorities announce that one Italian soldier and one.An-

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