1941-05-30 — Page 21

Friday,

{HONGKONG TELEGRAPH

May 30, 1941,

Accidental Shooting Is Judge's Criticism of Promissory Note Case

Indian Guard's Defence

The defonce that ho had shot the man accidentally was raised by Dost Mohamed, 22-year-old Indian guard, at tho .Criminal Sessions this morning, when his trial on a charge of murder was continued before the Chief Justice, Sir Atholl MacGregor. Accused was alleged to have murdered a Chinese named Kwok Man in Canton on May 22 last year.

Mr E. II. Williams, Crown Counsel, began encircling Accused. Shouts of prosecuted, and Mr Harold W. Lee, "Kill the Indian," were heard. The instructed by Mr D. McCallum, ap- Chinese who was being chased dis-

jappeared among the crowd. peared for the defence.

Kain-toni.

7

H.K. Chit System

·FROM PAGE ONE |

The February dealing was the first in which second Defendant had had credit. She took the goods and left

the shop.

Preliminary Ruling

An interesting ruling relating to promissory notes was. given by Mr Justice P.E.F. Cressall in the Summary Court yes- terday. The ruling was on a preliminary objection raised by the defence in the action brought by. Fouja Singh, otherwise known as Fajar Singh against A. Rahim, hearing of which has been

His Lordship said:

Cause of Action

BRITISH

NEARER BAGHDAD

are

Since then, Mr Brown said, he had not seen her. Io did not know her: busband. Second defendant had Zre; quently bought smail articles from fixed for June 18, the shop for cash. Ho served her personally on April 3.

The plaintiff.is suing the defendant Cross-examined

Russ, by Mr The following Jury was empanel-

Hit With Poles

had on two promissory notes for $1,000 Mc Brown

he said that Led: Mesara J. C. Fonseca (fore-

debited second Defendant's account, each, dated October 10, 1932 and an Hew-fung, Chan man), Leung

He said objection in limine has been taken Accused bald that he took out his which was in her naine. Woon-fun, Young Kec-hung, Tsul

that the plaintiff has brought himself Shang-luch, M. A. Prata and Leung revolver and loaded it. The crowd that he had written her three letters by the solicitor for the defendant in June, July and August asking her within the prohibition contained in were approaching him with bamboo The Crown case was that Accused poles in their hand. Accused was to pay up, but, as she did not do se, section. 10 of the Supreme Court

the writ was issued.

(Summary Jurisdiction). Ordinance

CAIRO, May 29 (Reuter),---- was scen to chase a Chinese, with then in a very excited state and ran

to the pier where the lighters Inspector's Evidence

1873, whom he first had a struggle, from were berthed. He felt several blows

Michael Hourihan said that he was

The_Imperial troops in Iraq the Butterfield and Swire wharf at delivered by poics on his back, and

moving cast from Fallujah The section reads na follows:- Pak Hin Hok, in Honam, Cunton, fired two shots in the air to frighten Chief Inspector of Police in Kow- where he was employed as a watch-

"10. No cause of nation which not far from Baghdad and in- was evacuated from the Colony last man, on to a row of three lighter the crowd. He then jumped on to loon. His wife, strand Defendant; one of the lighters and some of the

exists at any one time amounting in deed, an Air Force communique Jying by a pier, The Crown further crowd followed. Accused felt fur- July. He had no knowledge of the the whole to a sum exceeding one claims the capture of Kahn- goods ordered by his wife. She was thousand dollars as aforesaid shall be nunata, half-way between the alleged that Accused was seen to ther blows, load his revolver, are two shots, and Frightened that he would be killed, living with him in April. Defend-split or divided so as to be made the Later three more. The Chinese fell said Accused, he fired two further $450 covering house-hold and her tions in order to bring such cases troops are

ant gave her n monthly allowance of

of ground of two or more different ac-two places, so that the Imperial after the fifth shot.

moving towards shots into the air. As he brought his hand down, a polo his the hand own personal expenses. Defendant within the summary Jurisdiction of Baghdad.

sulary Took Guns From Accused holding

of $820 per the court, but if the court Bnds that the revolver, causing It to was carning a

Evacuated Syria month at that time. The allowance the plaintif In any case has split his Mr S. Johnson, Wharf Super-fire accidentally. Accused saw

HAIFA, May 20 (Reuter).—The He declared he had no was one agreed between them.

cause of action as aforeseld, the

has intendent of Butterfield and Swire, Chinese fail.

Defendant said that he had told court shall dismiss the action, with British Vice-Consul at Boirut Canton, said that he examined the intention of shooting the man.

crossed the frontier into Palestine by Accused added that Chinese whom he found lying on

he had in his wife not to pledge nis credit on out prejudice, however, to the plain-

of car.

The of the lighters, and came to the structions from the Sergeant of the her own personal clothes. It was a tiff's right to sue upon the use

Consular

is Corps 05 he liquidated and conclusion that the man was dead. Guard that the Company had given wise system, in his opinion, whero action in such other manner

the chit system

Prevailed. Shop may be advised:

apart from Witness later went to the Company's orders that everybody who went on

Provided

visitors slaying behind If such plaintiff is all have now left Syria. that office, where he saw accused, from to the wharf was to be searched for gave credit to anyone, he remarked.

Hourlhan declared that he was satisfied to recover a sum not ex- whom he took away a revolver. The

The sliver, arma and other banned

fighting the case on principle, as the ceeding one thousand dollars, then

Support For Regent weapon contained five empty cart-articles.

actual amount involved WAN

LONDON, May 20 -the court shall and may entertain the His Lordship asked Accused whe material. cused appeared to be in a state of ther his defence, now was that the merimble whee he had expressly action of such plaintif, and in cach day. Mr Antony, Eden, the Farelin He did not wish to be case his speech at the Mansion House to- high nervous tension, and his hair shooting was accidental and was not forbidden her to pledge his credit. plainum, the same shall be

referred Iraq and said in self-defence. Accused

expressed Secretary, was dishevelled, but witness did not dont

In the course of submissions, Mr to be, and shall be, in full discharge that since the return of the Regent notice whether his clothes were turn greed.

Russ contended that Plaintiffs had of the whole cause of action."

a few days ago, he failed to establish the existence of an

question to be decided there- Innumerable messages of loyalty and agency.

fore is whether or not these two support from all over the country. notes form together one cause of

Many of Raschid

followers All's aution?

had already fled. ug therefore,

hope, shall

have rid The expression cause of action" is that very soon we generally understood, to mean the Iraq of this self-constituted dictator." Mr Eden continued: "We have no particular act on the part of the de- fendant which gives the plaintiff his designs of any kind against the cause of complaint, (Jackson Independence of Iraq." Spittal (1870) LI. & C.P. 542) and

Unity of Arabs

one

one live round, Ac-

or whether he was injured.

11

Tried To Escape Asked whether the guards had any

Cross-examined by Mr. Williams, legal right of search, Mr Jolinson said that the Company was under an Accused said that he felt certain obligation to the Chinese Maritime, packets on the person of the Chinese Customs to prevent any unmanifest-be searched, and suspected it was ed cargo being placed aboard its silver. The man was not the same ships.

Cross-examined by Mr Lee, wit-clared that his sole

boarding the fighters was to escape. rss said that in his opinion, the the denied he frat hnd o struggle Chinese was dead when he examined hitte

with the man with a pole, and dented

"

Widow's Evidence

Kwok Ho-shi, widow of Kwok Mon, mid that her husband was a hawker in Canton, and arrived in: Canton to see her on May 21. He left home on the morning of May: 22, and she did not see him alive again. She next saw his body the following day,

Accused stated in evidence that he went to Canton to work as a guard for Butterfeld and Swire in Feb- runry, 1939.

person

who was shot.

Accused de- Intention in

(that his revolver was aimed at hilin.

The case is proceeding.

America's Wheat Surplus

South Shansi Debacle. For China, Say Invaders

Mr Brown declared that he had meet She ever been in a position to second Defendant's husband, had told him who her husband was,

and had given him her address.

Judgment

His Lordship gave judgment for

first Defendant with costs, his writ- ten judgment being as follows:

In this case the plaintiffs trading under the name and style of VOGUE claim the sum of $30 for goods sup- plied to the second defendant during! the month of April, 1940.

The case proceeded to trist against the first defendant as service of the writ has not been effected on the second defendant who it was stated was evacuated from the Colony in July last.

$23

and tu

of the

}

any

The

18

V.

now a Iow voluntarily.

(Reuter).—Ia

had

received

the phrase according to its natural Be-affirming the British Govern- construction must mean the whole ment's great sympathy with Syrian

aspirations cause of action.

for independence, Mr Separate Actions

Eden said that many Arab thinkers

for desired

the There are, of course causes where

Arab peoples a than they two good and effective causes of ac-greater degree of unity

to-

Previous Action (OY "REUTER'S" SPECIAL CORRESPONDENT IN FRAG)

Ro

tion may arise out of the same trans now enjoyed. In reaching out for saction, as for example where a pro-wards that unlly, they hoped missory note is given in conditional

British

such support. No

appeal payment of a debt already due (see from "our

should Irlends" the case of Payana Reena Samina- unanswered. than and another vs. Pana Lana The facts are as follow:-

Palaniappa (1914) L.R. AC.

C. 018). The second defendant was a cus-but the section is intended to apply On May 22 last year,

fumer of Vogue and had made vari- to the does not prohibit thetish forces are relentlessly pounding splitting of single cause of BASRA, Delayed in Transit-Bri- WASHINGTON, May 29 (Reuter).ous cash purchases up to February, action Company's he was on duly at the wharf when five Chinese entered it.The State Department is planning 1940, when she opened a credit ac- bringing of two separate causes

of the Iraqi position of Ramondi, 12 Witness searched one of the men and to call an International Conference, count in her own name. On 21-4-40 aellon even though they may fell something which he suspected to consider the problems of a wheat she pald the account up to date and their origin to a single transaction, is here that some of the Iraqi troops, owe miles northwest of Habbaniyah. It was silver. Witness seized the man surplus.

then purchased one pair of shoes for

for provided. of Course with the intention of taking him to

the amounts ejected early this month from the pairs uf

stockings for $7. claimed do the Company's offlec, but was attack-

This was disclosed in an exchange The plaintiff firm saw nothing morej une claim not exceed $1,000 in any plateau- overlooking the Habbaniyah aerodrome, have established them- ed by the man's companions. He of notes between the United States received a blow which knocked him and Canada in connection with Pre- failed to obtain

econd defendant and having In the

case under review it appears selves. down. The Chinese he had seized sident Roosevelt's action yesterday dunning letters addressed to her de- tion is not to be found in the original undating the surrounding land, the Answers to three to me that the plaintiff's cause of ac- Ey cutting the dykes, thus in- ran off, and Accused gave chase, in, imposing an import quote on As he ran, the Chinese shouted for wheat from Canada and other coun-

cided to bring the present action occurrence of the net of lending Iraqi have acquired a strong defen- help, and a large crowd gathered and tries.

against bath husband and wife.

money to the defendant, but rather sive position. Now it is admitted

From an advance post occupied by tiffs that the husband by the plain- on what the defendant is alleged

is unknown to have done under the contract formed troops of D famous cast of England the firm and that he has never dealt between them by the promissory regiment, I watched wave after wave with them. They contend however notes.

of R.A.F. bombers fly over to attack that the wife was entitled to pledge Negotiable Instrument the enemy. Great columns of smoke his credit for the purchase of the

rose up, one in particular being so Now a promissory note is aforesaid articles. The

he first defen

Men-negotiable instrument

containing large that it appeared that an am- dant has stated on oath that at the time the debt was incurred his wite an unconditional promise in writing

munlilon dump had been hit.

Meanwhile our land forces kept nude by one person to another en-up a steady artillery bombardment. was living with him and was re- ceiving a monthly allowance of $450 Baging to pay & certain sum at So heavy was our attack that all inclusive to cover household com-specified time, or an demand to or return fire was silenced. mitments and her own personal ex- to the order of a specified person or

Journalist's_Gallantry. penses. He has further stated that to bearer, and the maker of the note

On the second day of the action, he forbade her to pledge his credit is in a almilar position to that of an for her own personal clothing, ex- acceptor of a bill of exchange, who however, a sharp machine-gun en- plaining that he did this as a pre- when the note is in the hands of u gugement took place and an advance caution agninst what

known

own holder in

oned party of our troops who had crossed duc *Course, is estopped the river found themselves in a pre- locally as the "chit system" whereby from denying the existence of

the Major-General Pi Mel-hsien, com- (unlis engaged in the blockade of the person is apparently allowed-one | payee Thus the contract created to return and the occasion was not-

and his then capacity to on-

to en carious position. They were forced might almost say encouraged by dorse.

by able for a

net of bravery on striding act local shop-keepers to run ap accounts

the promise

pay may only be en- the part of the Australian war cor- against his or her signature.

forced after the demand has been a False Presumption made, for it is the failure to pay heavy fire, he swam some 500 yards been respondent, Ronald Monston. Under Now while it is well settled law whct from which the cause of action par

which creates the breach of the con- to bring back one of that where a husband and wife are

advance living together a presumption arises urises. If therefore a person signs party hit by a machine-gun bullet. that the wife has her

Meanwhile RAF.

armoured husband's two promissory notes to cover one had been brought up to assist our authority to pledge his credit for sum of money borrowed can it be necessaries sultable to their style of said that on fallure to implement, his bombers, silenced the enemy's attack. and these, helped by R.A.F. troops living, the fact remains that this pre- promises to pay, only one cause of sumption of authority may be reaction arises?

The garrison at Ramondi is bellev- I think not; for it ised to comprise some 2,000 Iregis. butted by proof that the husband had conceivable that one of two promis- prohibited his wife from pledging sory notes may be negotinted to a his credit. It is also clear that un- third party who would be entitled to less his conduct has been such as to

sue on his cause of action quite in- the tradesman, it is not necessary the note. create an estoppel between him and dependently of the other holder of for him to show that he gave any

The Teat notice of the prohibition. Further- more it should be remembered that

Special to the "Telegraph"

SOUTH SHANSI, May 29 (Domei). -The_second_phase_of_ the gigantic campaign in southern Shansi is nearing completion as the Japanese forces have already succeeded in destroying the greater part of 45,000 Chinese troops trapped in the upper valley of the Tsin River in Southeastern Shansi Province.

mandant of the Sixth Column, who South China coast delected five large lost 7,000 to 8,000 men in the battle junka carrying materials for the near Tungfeng on the north bank of Chinese troops on May 17 west of an the Yellow River. fed into the upper undisclosed island and seized four of reaches of the Tain River with about them. 1,000 survivors of his forces but on

On May 10 the Japanese naval Miny 28 was taken prisoner together units detected 10 large armed junks with 700 men by a Japanese detach near an undisclosed island and seized ment.

Two Chinese Divisions of General pine of them. Fon Han-chich's Army were almost aunthilated when seven Japanese Army units pounced upon the con- fused masses of Chinese troops near Hsiaoshichwang.

was provided with

an

The test to my mind is not whether

the

Traffic In Chinese Labour

cars

Chinese Version CHUNGKING, May 30 (Reuter). -Referring to the Battle of the Chungtaoshian Mountains in South Shansi, Chinese milltary spokes- man revealed that Chinese forces Tain River Assault

there had General Chen Su-sheng, Commat to new positions following the vigor

had completed their movements der of the 8th Reserve Division, cus Japanese offensive. accompanied by General Liu Wei-

A part of the Chinese forces in the ping, Deputy Commander, fed in northern part of the eastern ranges plain clothes as the Chinese Army has moved northward, entering the the presumed authority may also be the two notes have been occasioned corps was wiped out in the relentless Talyoshan Mountains, while part of rebutted by evidence that the wife by the same occurrence, namely the Japanese assault in the Tsin River the forces in the western ranges has valley during the past days..

adequate actual lending of the money, but General Wu Shih-min, Commander moved northwestward across the allowance. In other words the post-whether they, in themselves, may be of the 8th Army who lost half his Tungpu Railway, entering Chiwan- tion is that a tradesman who allows sued on sepurately. Now, the pre- LONDON, May 29 (Router).

customer credit, does so at his own sent

sent action is not one for money In the House of Commons to- army in the battle south of Tungfen-shan on the south bank of the Fen

risk and should therefore exercise lent. It is based on two negotiable day, Mr A. Creech Jones asked River. chen, fed into the sector west of

Intelligent caution us to the cus- Instruments each of which forms a whether legislative steps had Mapítsun escorted by about 1,000

tomer's means to pay, and, in the contract for the repayment of money of the 105th Regiment of the Part of the forces in the western case of a married woman, he should by a borrower, the value of each of been taken in the Straits Settle- 60th Division but is now in a des- ranges has crossed the Yellow River not presume, automatically na which being within the jurisdiction ments to prohibit traffic in boys parate plight as four Japanese units in the vicinity of Maatsinlu, entering were, that she has the authority to

of the Court.

who are sold for employment are pressing the encircling attack northern Honan while another group pledge her husband's credit.

The Plaintiff has not attempted to outside the Territories. upon them. The Chinese Commander in the eastern ranges has reached the

split elther is now keeping only about a hundred north bank of the Yellow River in

of these two separate or

Mr George Hall replied that en- men around him.

Fingle causes of action. What he has the vicinity of Yuanch! and is pro- Troops Surrounded

bably also crossing the Yellow River,

done is to sue on each of them quiries by the Stralis Government In collaboration with authoritica in Continuing their mopping-up driveist troops so far have not made is a pernicious system which opinion that the objection made is extension of the Sino-Japanese hosti-

northern Honan.

chiis for murchases! separately and I am therefore of the|Hongkong had shown that since thei against the remnant Chinese troops, three Japanese detachments on May participated in the Shansi operations, deserves the strongest condemnation. unsound and must be overruled.

Mr C. A. S. Russ is for Plaintiff traffic of some extent in boys from lities in South China there had been 20 completed enveloping about 1,800 declared the spokesman, but he added In the case under review I 4111 Chinese troops of the 65th Division that as a result of recent discussions satisfied that any presumption of for Med. 1. D'Almada Remedios China ports to Malaya.

the mountain five miles north of between General Chiang Kai-shek autho

In

At Yellow River

I say this because in the light of what has been stated during the hearing of this

CASC.

appears to me that the local custom of trading by means of signing

c

Tungslienchen in the upper reaches and the Communist representative. Ithority that may have arisen in the/ for Defendant, ·

operations.

of the plaintiff from the fact

The Straits Settlements Govern- Sment had decided that preventative sieps must be taken, and Lord Moyne, Speeding Up War

Secretary for the Colonies, was n1 Production

present awaiting the Governors' re- commendations.

Abyssinia

of the Tain River. With all their that Communist leaders have agreed that the second defendant was mar- supply routes cut off, about 800 of the to obey the orders of the High Com-ried to and living with the first de trapped Chinese have surrendered (maud and lo participate in the fendant has been satisfactorily, re- already,

operations.

butted by the testimony of the hus- On Min River

Communist Participation band, which I accept.

CANBERRA, May 29 (Reuter),— SHIUKOW, May 20 (Central He stated that after a few days it

Right To Limit

The Australian Parliament will News) -Sovere fighting took place would be definitely known whether I may remind the plaintiffs that a adjourn on Friday until June 18 to on the northern slope of Chi Feng or not Communia troops would husband, as the marter. In his own give the Prime Minister, Mr R. G. Shan (hill) on the bank of the Min carry out orders to take part in the house, has the right to limit the ex-Menzies, an opportunity to review

CAIRO, May 20 (Router)-In River on May 20 and 27.

penditure of his wife, and if, as in his plans--which are expected to re- Abyssinia, despite bad weather The Chinese made flerce assaults. The spokesman's statement was in this case, it is established that he has sult in sh immense step-up of

¡patrolt activities continue at Debra At one place at least 800 Japanese reply to inquiries whether the Com- actually done so, he is not liable for Australlan war production-based on Tabor and other places. These were killed in action. The other must troops had actually partl- any his directions. The Visit to Britain,

dobt incurred' by her in

information collected during his mostly consist of rounding up

the Japanese ficd, abandoning about 100 [elpated in the operations or not. tion to

surrendering Italians. dond, two number of heavy and light machine-cently, the iTa Kung Pao," in [ given to the wife was, in my opinion,

Trench mortars and a

leading article, alleged that the

an ample one for her stallon in life, "Army

A brown dog belonging to Miss T. guns. Among the Japanese killed 18th Group

(Communist and it is mere common sense to say bills which the husband - would be da Motta of No, 112 Austin Road, was Captain Sugigama.

forces) did not move while a letter that most serious and lamentable re- compelled to pay.

second floor, has been put under ob- Seizure of Junks

from the Communist representative, sulla would follow if, when a hui- For these reasons I hold that the servation after biting George Leeper, SPECIAL TO THE "TELEGNAPH" Chow En-lal, emphatically declared band says to his wife "Here is an Į plaintiffs have failed to make out of No. 118 Austin Road," top floor, SWATOW... May 29 (Domel)—that Communist troops had started to allowance for your neods and you their claim against the first defendant The boy was bitten in Mias da Mot- Japanese · Naval authorities hero move against the Japanese on May must not pledge thy credit," she were | who is entitled to judgment with ta's house, and was treated at the announced that the Japanese-haval-12:

| allowed, nevertheless, to run up large | "costa,"

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HONGKONG SOCIETY FOR THE

· PROTECTION OF CHILDREN THE SOCIETY ASKS FOR

$32,000

In 1041 to meet the increasing needs of sick and destituto children in Hongkong, against which the Income to date is $14,000, only,

In order to continue its work, The Boolety ap pests for the balanes of

$13,000 before the close of the financial porc,,on, Fist October.

The number of children anslated last year was

4.100,

ני

Hon, Treasurery (from whom a copy of the annual Report for 1948 may be obtained);

Mr. A. MOMILLAR, CAN

c/o Mackinnon Mackenzie de Mr.KWOK CHAN,

........

c/o The Banque de L'Indo-Ch

HONG KONG,

olh May, 1941.

Co

Telephone 28171