1948-06-22 — Page 5

MACKINTOSH CASE

Opponents Have Case

To Answer

Tribunal's Decision

Evidence оп behalf of the opponents WIR given morning before Mr

D.

this

·IJ. Strellett, sitting as a one-man Tenancy Tribunal, in the appli- catlon brought by Mackintosh's Lid., of Alexandra Building, for the eviction of L. Mercado (trading as Mayo's Shoppe). and Mrs D. Kovach from Shop 7C, Alexandra Building.

The disputed premises were oc- cupled by Mackintosh's Lid prior to the outbreak of the Pacife War. but were taken over by the op- ponents during the Japanese accu- pation. The landlords are the Hongkong Land

and Investment Aftoney Co., Lidl.

Mr D. A. L Wright, instructed by Mr J. T. Prior, is appearing for the

A. applicants, and Mr B. Bernacchi, instructed by Mr Y. K. Kan, is for the opponents.

Six points were zubmitted by Mr Bernacch to Mr Strellett at ear- Ifer hearings to support his con- tention that the opponents had no case to newer. Faur were reject- ed by Mr Strellett on June 8, and this morning. he rejected the other two points after giving them fur- ther and fuller consideration.

Te

MANAGER'S EVIDENCE

1. Mercado then gave evidence.

THE HONGKONG TELEGRAPH,

TUESDAY, JUNE 22, 1948.

TO-DAY &

Five Killed When 'Flying Wing' Crashes Chiang's

A Military Policeman stands guard over the wreckage of the Northrup Flying Wing bomber which crashed and burned near Muroc Air Base in California. The five- man crew of the bomber, all Air Force members, were killed.—AP' Picture.

Six Months

said he was manager of For False

cupied by the Japanese, and puid

Apart from correspondence with

Pretences

Charged with obtaining money by Po Cheun, false pretences, Man former assistant couk at the Kow- loon City Police Station, was sen- tenced to six

and expulsion by Mr Thomas Tam

sée Chiú

cook of

Plus,

Greek Guerilla Base

Threatened

Athens, June 21.-The crack Greek Ninth Divi- sion was reported tonight only eight miles from a main rebel base at Lykorrachi in the heart of the towering · Grammos mountains. Greek Air Force planes backed

up the swift advance.

Letters To

The Editor

Hand

was

Thic

Fly Over Kaifeng

GENERALISSIMO'S TRIP TO FRONT

Shanghal, June 22.—-Presi dent Chinng Kal-shek, necom- panied by Madame Chiang, New over the burning city of Kaifeng yesterday in his private plane and then directed the nirlifting of additional rescue divisions to the staging area in Chengchow, 10 miles west, where he landed and rested briefly before flying to Stan in Shensi province.

Making ble first trip from Nanking since his muguration as President of constitutional China on May 20, Chiang Kai-shek took off in a special plane and circled over Kalleng where the battered garrison defen

ders

were desperately holding out three or four strong points in the heart of the city in face of furlous Communist attacks.

Chiang's plane, presumably escort- ed by fighters, also flew over the outskirts of the burning city where he observed surging Communists rushing toward

from Kaifeng Western Shantung, blocking the pro- gress of several Nationalist rescue reinforce the columns sent to Kaifeng garrison.

was

FRANTIC APPEAL

the front Chiang's trip to belleved to be the result of a frantic appeal by a Honan delegation that the President Jake personal charge to save their The Ninth jumped off on Sunday of the operations night from Konitsa and began provincial captial, which is one of the on the Lunghal the core of strategic cities steady drive toward

railway.

parked The delegation guerilla forces as six divisions begin

President's Ru all out campaign

themselves outside the to break the Communist rebellion.

residence in Nanking for dve hours on Sunday,

a

Dispatches said troops of the

The President and his party landed Ninth moved ahead four miles with at Chengehow, 40 miles west of Kal-

out any opposition when the Divi-feng and on the juncture of the

claimed hope to

concent

The Ninth is that Nationalisl commoration of

Shoppe, and shared half the premises with Mrs Kovach, who was his sub- tenant, and she paid half the rent to mil- him. He was in business as a liner, and Mrs Kovach was a dress- maker. As a pre-war tenant of the Hontkang

Land Investment and Agency Co., Ltd., he used to occupy premises in Gloucester Arcade, but

months hard labour The "Mona Lisa" Bridge on opened its push. It is not Lunghai and Peiping-Hankow rail- There he known what point the Ninth has ways for a short stop. was forcibly ejected from them in 1942 by the Japanese. He then oc-

for Its objective, but it was reported immediately plunged into a milltary rolling rapidly over wild mountain conference. his present premises, then at Central this morning.

nee, arranging the airlift of crack Government divisions to the On June 15 defendant was dis-

Sir,--This hand may be deservedly terrain.

major rent to the Japanese Land Departmised by Chiu Sul, the

described as a famous hand because The Division was said to be in-Chengehow Bren to launch a olice Station, for Kowloon City Police

the contract of four spades is ficting heavy punishment on the counter offensive against the Com- Kalteng ment.

have and to oul of being a bad character.

concentration in seemingly guerillas.

captured munist Mr B. C. Field (Secretary of Land At about 10 p.m. in June 17, de- makeable

situation. hopeless

solution heights within three miles of the Pra-Government Investmenit) Mercado said he had no fendant went to

the Amerleau, draw conversation with him regarding the sister of Chiu Sul, saying that her Elven was wrong in that the third town of Byroyal.

round of Trumps

played too being advised by an

Lieutenant-Colonel Joseph D. Ise Red Army units in the Kaifeng area tenancy of the premises in October, brother had been arrested for com

for what may develop into a decisive embezzlement Boon. 1945. The whole position between

mitting a crime of

The hond can be made as follows: man of Pittsburgh. bintself and Mr Field was disclosed and that he was instructed by her

The lend of, the diamond is taken $300 as

CONTACT MADE in the correspondence, he added.

brother to see her to get Mercado Enid he hood but four bail. Chiu Ping belleved him and with the King in dummy.

arc playect An official announcement conversations altogether with Mr J.

over the money to defen- un handed

finessing the King. A heart is then contact has been established G. Meyer, at

lost. Arst arose os a result of an in-

Chinese tien. the war had ended. Two entered Shop

present cupied by Mackintosh's). Alexandra Buliding, and later reappeared car- Tying two electric

fans and baskets containing

odds and ends. Efercado had waited outside the shop for them, and when they emerged, le called a British serviceman who was doing duty as a policeman, and the intter ordered the Chinese to replace the property. The premises were then re-locked and the key

rounds

trumps

Two

largest

positional battle

which the Com-

said west to

have

ve thus far tried to avoid.

Chiang later

proceeded further General Hu gathered. It was

to Slan where

with Tsung-nan's troops

will direct

The dant Mackintosh's.

On June 18 Chiu Ping discovered. The end of a club is taken the guerillas along the semi-circle | believed that Chiang eldent which occurred shortly after that the whole story was a fabrien-with the Ace and a heart trumped. In the northern mountains, Greek niriifting operations from Sian to

78

various

On the morning of June 20, Chiu Ping reported to the No. 8 Station, and in the afternoon, defendant was accidentally seen in the sircet. Com-

a policeman plainant caled arrested him.

had spent Defendant money and pleaded guilty.

all

who

Then instead of playing the third trump the loser in club is played and the heart or club return is trumped.

The third round of trumps is then

played and South cannot discard a dinmond and can be stripped of hearts and clubs

to follow. the

handed to Merendo by the CONSPIRACY

man.

A few days later, Mr Meyer ap peared. Mercado handed him key and informed him of what had happened. Mr Meyer cxprcased his thanks for the action taken, and a general conversation ensued. No reference was made regarding the premises occupied by opponent. SECOND MEETING

1 man.

TO ROB

officials pald, however, that Chengchow. army

It

was not known

the main battle for the Grammos when Chtung will return to Nanking. range nas not yet been joined,

GOVERNMENT REPORTS is believed to have his headquarters claimed that the beleaguered garri

Meanwhile, Government reports in the northern mountains-focus

Rebel chieftain Morkos Vanades

for the throw-in point of the three pronged National-son was holding out at the provincial

A.N. OTHER STUDENT.

"Bad Character

Sent To Gaol

of

1st drive.

The Greek troops hope government building, Honan Univer- to corral the guerlilas In a

pocket sity campus and the Catholic church desperate last ditch which has it mouth on the Albanian drum tower in border.

fight. The Governor of Honan was directing operations in one of these Dwight P. Griswold, chief of the isolated bastions. American aid mission to Greece, The Nationalists were said to have appealed in a radio address for the withdrawn from these points in rebels to surrender. His speech, sanguinary street Bghting in which translated as relayed in

Greek

the Communist asked that the bloodshed cease, le vastly improved over its unsatis Meanwhile,more sald the military situation in Greece claimed to be "extremely heavy,"

Government fighter factory condition of several months in

go.

and

Intercepted.---Associated

the

casualties were

than 100 planes Folned a daylong operation, the Com- At the same time other

Persistent enquiries on the part of Charged with conspiracy to rob the Police into the larceny of a large Lait Kaul, 27, and Fong Keung, 20; quantity of ammunition from the on Stonecutters Island in February this both unemployed, appeared

resulted in the arrest of Kwok trial before Mr Justice Gould at year

A dispatch which wus neither strafing and attacking Mo Lo-so, described as a the Criminal Sessions this morning. So, allas

confirmed nor dented Int Greek munists. Fong was further charged with "thoroughly bad character."

д Army headquarters, sald radio air units pounded Communist rein- at Brought before Mr Latimer unlawful possession of a gun and

Kowloon Court

today, Kwok nd-message from Vañades to Marshal forcements heading for Kaifeng. six rounds of ammunition-

Mr A Lonsdale (Crown Coun-mitted four charges of larceny of ito of Yugoslavia, asking for help,

had been revolver sel) assisted by Det. Insp. J. Rabout 87,000

Tounds The Jury em- Sykes, prosecuted.

ammunition, alding and abetting in Press. panelled comprised six women and the larceny, possession of ammuni-

Hc Mr Lonsdale said as a result of tion and breach of a Police supervi-

ston order. Information "received, n Police party

months hard labour. proceeded to a vacant plot of ground at the junction of Laichikok Road and Arran Rond about 9.15 pm. on May 1. There the two accused were sitting on a grass with two O11 parcels placed between them. being opened each parcel contained The accused loaded revolver."

station Iwo carly were taken to the police

A picco where they were searched. of paper was then found in pocket of first acctted's jacket. The paper indicated the location

in the

After a lapse of some days, Mer- cado saw Mr Meyer for the second time. Mr Meyer called at the shop and said he understood there was some furniture belonging to Mac- kintosh's which was being used by

This apponent.

Mr was shown Meyer, who stuck nolices on them stating the furniture belonged to Mackintosh's. Mr Meyer also stuck notices on the premises next to opponent's signifying they were Mackintosh's. No notices were stuck on opponent's premises. Mr Mer- cado remarked he would have objected had Mr Meyer done so, as he was then open for business.

On neither of

These

meetings did Mr Meyer mention any- thing about resuming the premises opponent occupied, Mr Mercado went 01. After receiving, on July 20,

શ

rear

1040, a notice to quit from Land of certain jewellery Investment, he had his third meeting cubicle of a house by a hillside. with Mr Aleyer. The latter appeared Later, accused pointed nt his shop and invited him to coffee Police the house which they in-

at the Dairy Farm. There they had tended to rob. It was,

ou to the

In fact,

a

a conversation, and Mr Meyer asked house by a hillside, Counsel con- opponent when he was vacating the

cluded.

premises. Mr Mercado told Mr The trial is proceeding. Meyer that he had already written

to Mr Field asking for the return

of his former premises in the Glan-

cester Arendo. He further told Mr ESCAPED FROM

- Meyer that if he could get them

back, he would vacate at once, but

if he did not, he would not.

Mr

Meyer bald he, needed the premises

REFORMATORY

WAS Hiven

30

con-

Kwok had three previous victions for offences committed during last year. For his last crime In August last, he was placed under Police supervision for two years in addition to his prison sentence, He had only reported to a Police station onco In November last.

Chinese Capital Welcome In Pl

SHANGHAI, A

BIG LAKE FOR

IDLE MONEY

The Communist radio thus far did not mention the Kaifeng battle.

A United Press dispatch from Pelping quoted the North China commander Gen Fu Teo-yi's head- tersely quarters last evening as announcing the Nationallet evacuu- tion of Shishia, large station on the Peiping-Kupcikaw railway, leaving Chengich, capital of Jehol Frovince, again completely isolated and putting the Reds in a position to menace the environs of Pelping if they are not checked.-United Press.

CONCESSIONS

REFUSED

(Continued from Page 1)

the

on an

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when

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Two Reckless Hear's

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at

Shanghai, June 22.-Nanking officials came under heavy fire for their "blunders, incompetence and apathy" from the City Council Chairman, Mr Pan Kung chan, al the opening inceling of the Sixth Plenary Session of the Shanghai The language question, however, 2.30, 5.10, 7.20 & 9.30 p.m.

Issue in remains the prime City Counell yesterday.

Star of "THE GENTLE SEX" Mr Pan, in his outspoken speech, schools dispute. The Slamese blame And "THE RAKE'S PROGRESS" Shanghai, June 22-Senator Fer-

consciousnessTM nando Lopez, Chairman of the Banks warned that the present economic "Chinese political Corporations and

the Franchises crisis would destroy both national for a "reluctance to include extend- Committee of the Philippine Senate, labour and capital If the National ed study of Siamese" in the cur

continued on his arrival Government

The reporters

Ignoring ricla told local

of Chinese schools, that the public opinion and switching from | Chinese, on other

the

hand, main- afternoon yesterday

ther. tan that educated Chinese will be Philippine Government welcomed one haphazard" plan to another.

Chinese

The Chairman said that

poll- an asset to Siam, regardless of

of in foreign capital, especially capital, because of the long-stand-tically China is supposed to have which innguage Instruction given..

the stage of democracy,

took The school dispute Ing Sino-Philippine trade and cul- entered

but China's constitutional demo-ternational aspect tural relations.

recently today was suffering from Miss

Brinkman, a Carmel

a visiting Senator Lopez, who is en route eracy

of the International to the United States and whoso semi-paralysis.

representativo Turning to Shanghai's serious

of Students, stated in Union of economic situation, Mr Pan sald the position. At that time, Mr Mer- the Reformatory at Stanley for family owns the "Manila Chroni

i interviews that the Siamese endo admitted, he had already, con- pick-pockeilng in October last year, clo," said the Chinese are well liked that speculators and manipulators of Chinese echools was sulted a solicitor.

during are blamed for price incrcoses, but | infringemeni onanted in their own Li So, then a juvenile, did only five in

In the Philippines because The fourth meeting occurred to- months of his sentence. He escaped many centuries of friendly wards the end of August or the be- from prison custody in March this Philiening relations they have never "Just a big lake for idle capital"onal culture and in their

shown political aspirations September. ginning

of

Mr Meyer year while on a working party. appeared on a Saturday and in-

seen wandering the islands On June 18,

He denied that the Philippine Go- him that he would bring his formed

in Shanghai Street, he was arrest- carpenters in on Monday to start re-

a suspected vernment had ever been "discrimi- ed by a detective as gonstruction of the premises, Mr bad character. His Anger prints natory or retaliatory" in its attitudo

a wanted towards the Chinese. Mercado told him he could not do Indicated that he was

Chinese He pointed out that ho was brought before that, and in fact, such a threat was

man and

such as not carried out.

Mr Latimer art Kowloon Court to banks in the Philippines,

. day on a charge of having escaped the Bank of China and the Bank He was sen-¦ of Communications, were permitted from legal custody.

to accept deposits in any currency, tenced to three months. on

whereas in China banks were al- lowed to accopt deposila only Chinese currency-Neuter.

and

and naked opponent to let him know

NOTICE TO QUIT

On July 20, 1947 opponent recolved n notice to quit

behalf of Mackintosh's from Mesars Wilkinson and Grist (solicitors for

Sentenced to serve two years in

ns his

the applicants). At that date, Mr the question of hardship, Mercado sald ho considered the feeling was that hardship principally position as being a sub-tenant of concerned domestic premises. Mackintosh'.

Mr Bernacchi remarked his case his was not based so much on the ques

tion of hardship as with whether

Mr Mercado, concluding evidence, sold he was unable to find alternative accommodation, and if he had to vacate the premises he would have to go out of business,

Mr. Strellett said ho fell he was restricted in his consideration over

any

Sino-

the truth was that Shanghai is in which

flows from all parts

of China to Hongkong, America and other countries-Reuter,

In

Restrictions On Export Of Coins

to be

Д

the rights of young

דשים

language'. After commenting that Chinese schools in Malaya and Bur- are permitted to "operate free-

sho said that the Union

Th

sho open the disputo for discussion by the United Na

represented would

tione Educational,

Selentile

Cultural Organisation.

and

The Slamese Minister of Educa- tion said her criticism would not

LILI PALMER

Now Has A Starring Rolo

WARNER BROS.'

DRAMATIC

THUNDERBOLT-

WITH ALL THE

FIRE AND FURY

OF ITS TWO

GREAT

They

Gave

their

Lives.

STARS!

We, too,

may give

through the

HONGKONG

WAR MEMORIAL FUND

Send your donation to

the Hon. Treasurers

Lowe, Bingham & Matthawa Marcantile Bank Bldg. -

PRESS PHOTOGRAPHS

Copios of photographs takon

affect the government's determina-As The Tempestuous Heroine by the South China Morning

tion to administer Stom's own lawa.

United Press.

in

“BEWARE OF PITY"

Eagle-Lion Distribution

TO-MORROW

Canton, Junp 22-The export of silver and copper coins, without per- mit either from the Central Bank of China or the Ministry of Finance in Nanking is strictly forbidden. Son For Woodcock

Instructions to this effect, reli- London, Jung 21-A nine-pound able sources report here, have been baby boy has been born at Don-sent by the Ministry of Finance to caster to Mrs Nora Woodcock, wifo | all Provincial Governors and of Bruce Woodcock, the British Mayora.

Contravention of this ruling may reported today. Imports from Asla MAGNIFICENT DOLL' con-heavyweight champlon, who were

imprisonment, married in December, 1946-Reu- result in life, ter.

samo sources add.-Router.

there was a real requirement for tho premises on the part of Mackintosh's, having regard to the prevalling ditions in the Colony.

The case is proceeding.

EXPORTS TO. ASIA. Washington, Juno 21-United

exports to Asin

climbed States US$12,500,000 to total of US$100,- 000,000 for April, the Census Bureau

the declined US$10,300,000 to a total of

| US$102,300,000—Associated

Press.

GINGER ROGERS DAVID NIVEN

In

Post and Hong Kong Telograph Staff Photographers are on view,

In tho Morning Post Building.

ORDERS BOOKED.

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