1938-09-24 — Page 5

Sharebroker Wins Claim For Damages

Judgnitat for plaintiff, with costs, was given by Mr. Juntico E. II. Williama

Court nl the Summary yesterday in the action brought by

My Mr. A. H. Potts the well-known sharebroker, against Tsang Ping- claiming $1,000 damages. His the rdship,

reduced however, amount to $950, saying that the prices of the car and two other items mentioned in the claim had been put rather too high.

The action arose out of an accident in Connnught Rond West on July 9, when plaintiff's car was struck from behind hy defendant's lorry and he and his wife were thrown into the barbour.

Mr. D. D. Evans appeared for Mr. Potts, and defendant was represented by Mr. W. A. Mackinlay.

The driver of the lorry, Chan Slu- hen told the Court that at the time of the collision he could not see any- thing, and did not know what part of the vehicle had hit the chr. He and the lorry applied the brakes skidded.

A.

of i Mr.

engineer Gurlon, Wallace Harper and Co., testified to having

the lorry after the

THE HONGKONG TELEGRAPH, SATURDAY,

SEPTEMBER 24, 1998.

LETTERS TO THE Australian Stars To Open'

EDITOR

PEN-FRIENDS WANTED

To the Editor,

a

Hongkong Telegraph.

Sir, I would very much like to huve

Hongkong correspondent, either boy or girl, with whom I could exchange stamps and photos,

I am fifteen years old, and in third form at Vaughan Road Collegiate. Everything intereals me, but parti- cularly philately, books (especially murder stories), the lives of young people in China, and Chinese schools and customs. If a native boy. girl would like to write to me it would please me very much.

very much

I would appreciate it

ar

if you would get me a correspondent.

(Miss) ZELDA KAMMAN

323 Louder Avenue, Toronto, Ontario, Canada.

QUEEN POSTPONES SCOTLAND TRIP

seen

Lundon, Sept. 23. accident, and found the front axle duimages. An impact which damaged

Queen Elizabeth has postponed her the steering column would, in his

return to Balmoral Castle until to opinion, affect the switch-box as 11

Inarrow. She had intended setting It, and the ; out for Scotland this afternoon.- was right underneath

Reuter. shock actually sustained by the lorry could have loosened the bottom half of the switch

Witness

was

cross-examines at great length on the mechanism of the switch-box, and agreed that a severe jolt could also have loosened the bottom half or R.

Chan Tung, a gardener, who had been riding on the lorry on the even- Ing in question, said that at the time he was in it the Hghts were un

been

GOOD WISHES TO H.K.V.D.C.

Lieut.-Col. H. B. L. Dowbigıtin, ..., sent a telegram of good wishes from Kobe yesterday to the Corps In Hattery of the Hongkong Volun- teer Defence Corps, which was hold- Col. Duw- ing its annud dinner. biggin was formerly Commandant of the H.K.V.D.C.

even

Defect in Switch-Box Trame Sergeant G. Fryer testifled that shortly after the accident, he examined the lorry and found the lights could not be switched on.

that, contended Mackinlay again he day, The following

assuming the driver of the lorry had with fitter in the examined it

failed to do so, this did not avail Central Police Station, and it was

the plaintiff beenuse he himself found that the wire clip of the

must have been negligent under the Junction box

In position, not Was

circumstances, Mr. Potts had ac¬ half of it was while the bottom

mitted that if he had seen the lorry loose. After these had been fixed,

he would not have turned from the the lights could be put on again.

side street into the main road, and After Chan Hung, the filter, had

this showed that he had not kept a corroborative evidence, Mr.

proper look-out. In that event, he y submitted that the plain-

was also negligent and therefore he isfy the Court that the must satisfy

was not entitled to recover damages. negligent on lorry driver had

Mr. Evans remarked that it was put the grounds which had been

singular thing that neither Mr. Pults forward, namely, (1) driving at an

nor his wife saw any lights, although excessive speed; (2) falling to

their car was equipped with a mirror. evidence of proper look-out; and

ile submitted that the ithout lights.

Mr. Polts on this point should be believed because it was strengthened to a great extent by the fact that after the accident the lorry had no lights. The driver had put up the explanation that this might have been due to the impact, but Mr.

that Gaston agreed

a severe Jolt effect. might have had the same the lights had been full on before the collision, it could hardly be believed that the driver was unable to pick up the car with them until I was about four or five feet from his torry.

Of these, the one of excessive speed must

inded because there was only

br

thevidence of the driver on this point, and it could not be suggestedi that 14 miles an hour was an excessive one.

With regard to the question of evidence that the lights, the only

driver was travelling without any was that of Mr. Polts himself. Mr. Potts had only looked to the right and front and the evidence that no lights were seen whilst the car was of no spinning round was, of

course, importance as it had been admitted they

were out of order after the impact, and therefore could not have been visible. Besides, the evidence by Mr. Polts was flally con- dicted by the driver, and in a case where there was direct conflet of evidence and neither side was shaken in cross-examination, there

very definite must be some

If

Referring to the question of cx- cessive speed, Mr. Evans pointed out that it the lorry had been going ot 13 to 14 miles an hour as stated by the driver, it could not have skidded for about 40 yards after the impact equipped as it was with excellent brakes. He submitted that the speed must have been very really in excess, otherwise the lorry would not have gone so far as it did after

As regards the point of keeping a proper look-out, Mr. Evans said that it had not been denied that Mr. Polts had his headlights and tail- light on, and the fact that the lorry driver did not notice the car proved conclusively that he had not been keeping a proper look-out.

COT- story roboration of the plaintiff's before it could be stated that he had

the impact. discharged the onus of proving that

only the lorry had no lights. The possible piece of corroboration iny in the fact, which was admitted, that the lorry had no after the virion that had been lights, but the given for the defence proved con- clusively

that the reason for this was because the switch box was loose. And the only conclusion the Court could come to as to how the switch-box became loose was because of the impact.

Proper Look-out

Dealing with the question of fail- ing to keep a proper look-out, Mr.

Giving judgment. His Lordship said that he was certain Mr. Potts must have made a careful examina- tion before turning from the side street into the main road as he was driving a very small car. He was

also satisfied that at the time of the accident, the lorry had no lights on.

LMO

THE SUN

BEAUTY AIDS BRING YOUTH (AND BEAUTY

1938-39

JUNE AND COLLETT

AT NEGOTIATIONS GODESBERG END IN

FAILURE

(Continued from Page 1.)

lain's main trouble was the necessity for insisting that the Germans do not narch on Czecho-Slovakia during the negotiations.

Umelully it is announced that Mr. Chamberlain will return to London on Saturday.

sources

Mr.

that if Germany murches and war ensures the world will know where the responsibility lles.

The

n'ws

----United' Press.

Definite Rupture

Season

TWO

at

Gripps

Australian artistes of outstanding ability have been chosen by the Manage- ment of the Hongkong Hotel to open the 1938- 39 season in the Gripps noxt Saturday.

The Australiana are June and Collett, two numes synonomous in the Antipodes with first- Since 1930 they have class entertainment. been top-notchers in the Australian vaudeville world, playing on such well-known circuits as the Tivoli in every capital city, J. C. William- sons, etc.

Last January June and Collett decided to com- bine business with pleasure by making a quick dush to the Far East from Western Australia,

It has taken them nine months to reach Hong- kong. Their seasons were extended throughout the Dutch Eust Indies, in India, and in the Straits Settlements. They proved so popular in Singapore that they returned thrice, In response to incessant demunds, to the famous Raffles Hotel.

Yesterday afternoon Collett wandered hit the Telegraph ofRee and plumped down a Press Book of culogistic newspaper cilppings that was almost as big as himself.

Skipping through the pages, one saw references to highly successful tours throughout Australia, to major billings in the famous Tivoli elreuit (in which the couple have played five runs) and to tours that have extended several months,

The team is one of the few which can combine highly classical interpretative dancer with slapstick comedy acts.

"We are mainly out to get laughs," Collett said, "but we can be serious"an assertion that seems fully justified by the eulogistic references made by newspapers in other parts of the world to" this team,

Of interest to Hongkong socialites will be one of the numbers included in June and Collett's opening programme at the Gripps next Saturday. They will introduce the famous Lambeth Walk, about which everyone is talking these days. It was introduced by the Australians' to the patrons of the Galle Face Hotel in Colombo and Raffles Hotel in Singapore and most Colombiums and Singaporians now "strut their stuff" Cockney style.

Departure For London

London. Reuter.

Mission's Anxiety

Saturday's programme will include a burlesque tango-one of the duo's specialities--and 'more serious number,

♫

The Australians will be here for only a month, for they are scheduled to open in Manila carly in November.

The Hongkong Hotel Management has obtained an extension until 2 a.m, for the opening of the season next Saturday, and heavy bookings are anticipated,

passing through Czech troops are Reichenberg, moving in the direction. of the German frontier.

The Czechs nro reported

be feverishly setting up barbed-wire wiring entanglements, placing and land mines and digging trenches.-- Trans-Ocean.

Berlin Anxiety

to

King Georgs B

CENTU

"King George IV."

Whisky

has had a REPUTATION for 50 years

Every QUALIFICATION of a first-class whisky and a DESTINATION that is always assured

Summer Clothes

NEED PROPER ATTENTION!

The light colours and summer fabrics should be handled as to prevent damage, fading and shrinking, Our efficient ZORIC odourless system cleanses the fabrics of Body Odour, General Soiling and makes them their original air-conditioned selves again.

ZORIC cleaned clother

keep you cool THE

STEAM LAUNDRY

stead Office

CO.

Kowloon Depot Tel. 88545

the

thus for

Tel. 57032

st

Hongkong Depot

Peak Depot

Tel. 21270

Tel. 29352

.on

Godesberg, Sept. 23. Mr. Chamberlain, accompanied by Sir Horuce Wilson and Sir Nevile Henderson looked very serious an they descended the hotel stairs. A mostly group of over 50 persons, Journalists, German officials and hotel Mr. staff, broke into applause.

briefly. Chamberlain then smiled

Despite the lafe hour large crowd was waiting at the ferry to shout Hell as Mr. Chamberlain's cur passed on its way to the Dreesen Hotel, in his where Mr. Chamberlain was going is believed here that It letter

during the to say good-bye to Herr Hitler before to Herr Hitler morning Mr. Chamberlain demand- he returned ed a written pledge from Germany that she would not attack Czecho-

London, Sept. 23. Slovakin pending negotiations.

The developments in Godesberg are that say ain's letter was motivated being followed here with Intense in-

Berlin, Sept. 23. As a result of the breakdown in the by a desire to "place on record" terest. London's views which is interpreted Although a message from Berlin conversations between Herr Hitler the 10 mean

stating that the postponement of the and Mr. Neville, Chamberlain, onversations is attributable to a greatest anxiety now prevails here. mutual desire for clarification of Anxiety and pessimism is greater of activity on the Czech certain fundamental questions has to-day than at any time since border and in France has added ten-brought some relief, British press re-crisis began. sion and it is feared that the gravesti ports from Godesberg leave no doubt The German public is point of the crisis is being reached, that in Mr. Chamberlain's entourage ignorant of what hus occurred

the

Godesberg, the only Information re- situation is regarded ax very serious owing to the latest events in leased for publication being a non- the Sudeten ren..

commital communique issued Ofelul quarters decline to vouch-Thursday night-Trans-Ocean. In oMcial quarters is under- safe any information regarding the

Paris Pessimism stood that the Godesberg conference contents of Mr. Chamberlain's letter

Paris, Sept. 23. may be considered ruptured and to- to Herr Hitler. Political circles.

News of the postponement of the night's visit to Ilerr Hitler was only however, attach a certain amount of Godesberg conversations has caused a formal farewell.

credibility to the statement by the great pessimism in French political The

Cabinet

will

of Diplomatic Correspondent

circles, Official quarters maintain a Saturday and probably Parliament Evening Standard, who afing that marked reserve but stress that the will mee: on Monday,

the letter emphasised the British

London by the Franco-British consultations

plan agreed to in also be held on Saturday, it is under-w that a solution of the Czech British and French Ministers repre-

sents utmost limit of concessions. stood

M. Daladier will prob-problem should be reached without here.

The French. Press continues to ably fly to London,

well-informed circles, reject Britain has informed France that Usually

the Hungarian and Polish moreover, profess to know that Mr.

demands. Mr. Chamberlain is returning on

that it con-Chamberlain desired to obtain

MM. Daladier and Bonnet expressed Saturday, intimailog

the government's polley to a meeting alders the meeting broken off and assurance that no military measures

would be taken by Germany before of the Radical Socialist group in the Herr Hitler as having delinitely e-

The jected Mr. Chamberlain's

a's demands, the conclusion of the present negotia-

group chamber this morning. expressed itself strongly in favour Diplomats in close touch with the tions.

Tension has been increased by In- of the policy, so that a break-up of Foreign Ofice state that "there is doubt about a definite rumor formation received here early in the the Popular Front is considered pro- afternoon that Herr Haler's reply bable at an early date In view of the andy been remitted to Mr. pronouncedly hostile attitude of the Chamberlain

Socialists and Communists.-Trans- Afternoon papers express satisfac- Ocean. tion at reports alleged to have been received from the British delegation at Godesberg, as well as from Berlin, that it is highly improbable that Unlike The letter which Mr. Chamberlain German troops will cross the Czech rent to lerr Hiller early in the after-frontier for the time beingTrans-formed Nozi noon, and to which he received a Oemmu,

a

London, Sept. 23.

be summoned on

will

Foreign Office Spokesman re- fused to comment on the position. -United Press.

Withdraw Demands.

: Hitler Told

Paris, Sept. 23.

recourse to arms.

the

An

Berlin Optimistic

in

Berlin, Sept. 24 oficials elsewhere,

circles here appear

of the optimistic over the results Godesberg; tallts, and state that the, Sir Horace conferences between Wilson, Sir Nevilo Henderson and London newspapers report that Herr Ribbentrop ended "very satis-

detachments of mechanised tactorily."-Untied Press.

reply shortly before he announced Czech Troops Moving his departure for England, in believed

to have insisted

on Herr Hitler

withdrawing certain of his demands.; --United Press.

large

London, Sept. 23.

DINNER DANCE in the "GRIPPS" HONGKONG HOTEL

TO-NIGHT

SATURDAY, 24th. SEPTEMBER

For Reservations Phone 30281

THE HONGKONG & SHANGHAI HOTELS, LTD.

It's A "GATEWAY" Paper

MEETING

THE DEMAND

FOR A PERFECT AIRMAIL PAPER

The "Post" Aeromail Letter Paper English made, combines extreme lightness and strength with high-grade quality.

It is thin but it is not a cheap, soft, tissue paper: it takes ink perfectly.

Its usa reduces Air Mall charges to a minimum.

The super-paper for all Air Mall corres- pondence.

Available in pads containing' eighty sheets latter size at one dollar, or cut to any size for Invoices or forms of any description.

Envelopes in three sizes or made to special requirements.

Quotations for special printing upon application tom

THE SOUTH CHINA MORNING POST, LTD. Wyndham Stroot,

Tol. 26615,

Page 5Page 6