THE HONGKONG TELEGRAPH, FRIDAY, APRIL 29, 1949.
SUMMING-UP IN COWIE CASE SIDE GLANCES
Jury Considers Three Points
The Chief Justice, Sir Leslie Gibson, completed his summing up before the Special Jury in the Cowie case at the Supreme Court this morning, after which the Jury retired to deliberate on three questions placed before them by the Court.
The case involves an action for damages for alleged wrongful dismissal from his employment, brought by William Henry Cowie, former Sub-Inspector of Police, against the Attorney-General of Hongkong.
The questions
the Jury was
went GIL
IRRELEVANCIES asked to consider were-(1) Did} His Lordship Cowie accept $50 from Yu ol eluen on June 5, 1947; (2) If so dhe do so in circumstances reudering the acceptance of the mancy, misconduct on his part and (3) If the answer to either what (2) is no, to (1) or damages in Cowie eniltied,
Plaintiff alleged that he had suffered damages totaling $6-
+
10
Churchill
Hails Decision
(Continued from Page 1)
"I do not in any way retract or regret the views have express- ed over so many years, and I am very glad not to be responsible for much that has been done in the past (Members on the Gov- ernment benches ronred in a challenging way at this) and in the recent past. But we are all ut us governed by events which we cannot control, by the actions of majorities duly elected the House of Commons,"
it
knusi
Mr Churchill then recalled as passage in a speech he made dircet the Jury to dismiss from six months ago "We their minds certakti irrelevant look forward, its our duty, into the whatever part we have taken Included the in the past, to hope and proy matters Introduced evidence. This evidence of Messrs Young Tsun for the well-being and hap turt at F. C. Mew Fung that piness of all the peoples of In- of whitever race, religion, cause for dia. they had found no
condition or historic complaint against Cowie. Thele teclat
character they may be. We evidenses was only relevant so
well and do must wish them knowledge their
whatever we can to help them 970.45 by viruse of the wront-Cowie's character was concerne
on their road. fal dismissal without notice and ed. As for the evidence of in breach of contract. He was
was previous dismissed from
one
alleged payment
of
HELP FOR FUTURE
11e in
"Sorrow may
Our
and par-
of 530 by Yu to Cowic, that was his post of Trafile Inspector in Kowloon on only relevant so far as it ex-hearts, but bitterness and malier. August 25, 1947, by II. E. the
the plained the actions of Yu od must be purged from them, and Governor an
The recommendin
Follec.
I other in our futuro more remote re- It he value.
Whether Cowie took a lations with India we must rise" bribe on another occasion did above all prejudices not help to decide whether he Unity and not allow our vision occasion to be clouded by memories of bribe on the Look
for dealing. Qe glories that are gone with which they were
Another irrelevant matter, ever." his Lordship pointed out, was the wealth which Cowie hnd
he CINC acquired since
fongkong. Whether he wit a gumbiler or not had to bearing
tion of a Departmental Board of Enquiry Into Cowle's alleged receipt of a tribe of $50 from Chau Yu-tong (otherwise known as Yu Hoi-chuen).
Particulars. of the domsges clalined are: (1) 5052.13 being loss of one month's salary;
salary $978.10 being loss of half from June 5 to August 25, 1947; (c) $3,014 being value of two free passages to England; (d) $652.13 being muu equivalent to full salary during the voyage
$1,000 belug gratuity for (e) seven completed periods of three mantha, ali totalling $0.970.45;
of camer 4320 and (1) loss opportunity of increnate
Police Ofleer. reputation ay
It was Cowie's ense that the deliberately money had been "planted" in his pocket hy Ya on the Instructions of Ar W. Shaftain (former Chief the Anti-Corruption Branch of the Police) in consideration for having certain trafie summon- SKIR against him withdrawn. Cowie claimed he had no know ledge the money was in pocket until after his arrest on June 5, 1947.
of
his
J
on the Issue of misconduct.
to to
There
con-
"The Mr Churchill went ont present altitude of tin seems me more favourable to con- tinued nasoclution than it did when those words were spriten. I am sure this will be a help The character of Mr F. W. for all in the future." Churchill sold Mr
he was Shaftola was also another issue which was not relevant.
well aware of the arguments was no evidence that he did in about equal anerifice, and W
belonging to against tributions, about grudge bear fact
the same club and taking the Cowle
Other irrelevant inaies refer-dvantages, but not contributing red to by the Chief Justice were to the rules.
"But, as the Bible says. It is the alleged irregularites before the Hoard of Enquiry, and the more blessed
certainly more It t criminal charite 'percive. fact that the
had Tater been greable to have the power to against Cowla
ve than the need to receive. withdrawa
always find our- that position of some other countries
On the issue of misconduct, we His Lordship sold it appeared
relve
kunn
there
in
that the key witness in the case ruspe Ng world was Yu Hul-eturn. He was a s
bust- partner in a small Barry nes, and har bess in that lun- ness since 1937. As far as was nt
nothing was "The Special Jury enpanello
J. Horasumst bins except for certain comprises Mess mun-fisher (fareman). Slanoes for trade offences.
"You may possibly get the line Sin-ming, Kenneth Chauf
Trail, R. E. pression that he is under Authorsill, T. J.
Serur thing of a stigma as an in Dest and S. S. Jorgersen
There is Mr Brook A. Bernzeehi, informee or Palire spy. strueled by Me Y. H. Chan evidence either in this rust (Team Hodgson) appeared or in any previous case that he for plaintiff, and the Allumes has been a Police informer or a
Police spy." General was represented by Mr A. Lonsdale (Crown Coun- ruf), instrueled by Mr L. R.: Andrewes (Crown Solleitor),
etored.
OPINION NOT BINDING
Justice. "I
and sole
sho
to
By Galbraith Large-Scale
COPR, 1940 DY NEA SERVIČE, INC, T, M. AED, UI. 1. PAT, OFF.
"I'd have returned these eggs sooner, but I'll bet you're gotting fed up with me trotting over here so often bring- ing things back!"
Memorial Service To Victims Of Yangtse Shelling
There was a full congregation of Services and civilians present in St John's Cathedral this morning when a Service was held to the memory of officers and men of HM Ships London, Consort and Amethyst who lost their lives in the Yangtse River shelling on April 20 and 21. give then to
Governor and Lady His Excellency the Grantham, accompanied by Capt A.P.F. Wilson, A.D.C.. were present and others attending in- cluded Commodore and Mrs C. L. Robertson, Major-Ceneral F.R.G. Matthews, Mrs A. de Burgh Morris, Air Commodore and Mrs A. D. Davies and Miss Davies, Mr Justice E. H. Williams, Lady Gibson, Mrs A. C. G. Madden, Mrs Robertshaw and Mrs Harrison..
in
MONARCHY ENSHRINED
"It, oh the whole, we-most feet able to answer the te question in the airmative and wish to have ludia asse Lelated with us in the future, it in fortunate that the institution of the Monarchy, never more deeply eurhened in the hearts of its proud and willing subjects and vitizens all over the world than at present, should not have been a barrier to the elusion of hulin as a Republie in the Commonwealth.
the
Anti-TB Vaccinations
For Britain
London, Apr. 28. — national scheme for vaccinating Britons against tuberculosie wift sinet 10-071, the Ministry of Health has announced.
The vaccine, which has been developed during the post 20 yeara, will be administered by teams of experta volunteer
named patients It is
BCG (baccillus colmette-gueria) after I inventors, and han been widely used in Scandinavian countries for severnt years.
Scandinavian
Declines
tuberculosis figures have been recorded since
unc.
Th10
it has been in British National Health Servico cthphasised, however. that it is not a cure for the disease. It is a preven- tive medicine,
Those who have been exposed to the disease, which takes moru inn 20,000 lives a year in Eng- land and Wales and over 8,000 more in Scotland, will be asked to volunteer to take the vaccine. A spokesman for the Ministry of Health said there has been a continuous controversy in med}- cal circles as to whether BCG is any good. But It was de- that it cided by the Ministry would not do any harm to try
it.
BOARDS OF EXPERTS.
The programme in Britain is expected to start some time in the middle of this year. The National Health Service has set up boards of experts to super-
the vaccinations. Nurses and medical students in hospitals throughout the country may be usked to take the vaccine.
The programme will start at frat on a limited senle, and Then, as more expert cadres are trained, it will spread out.
Britain's tuberculosis death rate has declined slightly since the end of the war from its peak of 25,000 in 1943. The how- Incidence of new cases,
ບຽບ con- ever, has Hone
number The siderably. cases notified to the Ministry In 3047-the last available figures 51.000, com- at present--were par
of
with 1939 figure of 40,000 Assocluted Press.
CHINESE REDS TAKE PAOSHAN
140
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ADVANCE BOOKING. OFFICE
CHINA TRAVEL SERVICE & QULIN'S AD, 0. BOOKING HOURS. 11:09 10% - 330 335 diy
SHOWING TO-DAY AT 2.30, 5.15, 7.30 & 9.30 P.M.
THEY MEET VIOLENTLY...IN A CITY FEARED FOR ITS VIOLENCE!
THEY LOVE DARINGLY... IN A CITY FAMED FOR ITS DARING!
DRHE
CLARK
GERALDINE
BROOKS
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WARNER BROS, 11]
EMBRACEABLE YOU
LOVE STORY, OUT OF THE NIGHT SHADOWS OF INT
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FELIX JACOVES a debate Park, 1. Proty by Valentijn 1. Maka þ. Apud West
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Dr. MEI LAN, FANG
IN HIS FIRST SCREEN DEBUT
"A WEDDING IN THE DREAM" COMMENCING 1ST MAY, SUNDAY AT THE
THEATRE
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'CAUSEWAY 13 Te, 28626
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TO-DAY
AT 2,30, 5.30, 7.30 & 9.30
P.M.
Rangoon, Apr. 28.--The Buria Also attenting were delach. We shall pray that God will
Army Radio reported today thai Communists had tents from IIM Ships Consort, grant to us, and to China and 2000 Chinese Tamar,
Hart.
and all men peace. That he will put captured Cossack
Paoshon, about Crescent and from Sonecutters, in the hearts of all men
kitennetres from the Burmese YOUNG LOVE .... HEART-STIRRING EMOTION! .... Royal Maciurs, RN Hospital, spirit of justice, mercy, and true
famous border. cutting the Regiment, The Bulls
Royal religion, which is the spirit of
Burma Road to China. The Artery, Royal Air Force, VAD, our Lord Jesus Christ. That we
broadcast said that Wanting, an nursing sisters, Royal Naval all in our different work and
important Chinese customs out- post on the Burma border, ha Dockyard members and Services vacations may be makers Officers and their wives,
been isolated from Paoshan.- Reuter.
Music was
pence.
the
the
NAVAL FRAYERS
of
The Rev. J. E. Sandbach then ted in provers concluding with the Lord's Prayer, followed by⋅
hyma. "Eternal Father, strong to save."
Naval prayers were then said by the Bev Clifford Davies, with remaining congregation
followed by the "Last standing the Post" and "Reveille" sounded by
buriers_of_The_Bults.
The service
concluded with the hymn, "The strife is o'er, the the Blessing battle done and pronounced by the Dean.
RAIN IMPORTANT
The service was conducted by 3ir Churchill added that some The question of rain was
he in some Dean How the Rev Clifford very important fart, the Chief time ago, when
Chaplain, IN, Justier Continued, but the Jury indication of what was afout, he Davier, Senior want to cemenber that when Yu forew some damper that the the Rev J. H. Ogilvie and the of the CrowIE, which Rey J. E. Sandbach and other setent that morning, he had no symbol
of clergy present were the Rev forewarning of ruin, nor was he had hitherto been a circle
would untly, might become an ex-. I. Morris, SCF, the Rev F. In his summing-up, the Chief aware of exactly what
clusive instrument in respect of: W: Weaver, Chaplain of happen. Justice said he proposed to ex-
the Rey it was quite aunveressary for India in its new use." am Missions to Seamen, plain how he and the Jury
side to suggest any rare it has been very wise to George Harker, CF, the Rev L. nd-either would collaborate in the
motive for Yu doing what he had avoid any chance of that," he Foot, CF, and the Rey P. Swain, ministration of
allegedly done. There was no sald.
1 RAF. Mr Churchill concluded: "t
provided by my duty and sale responsibility evidence that he was ever offer-| -to-tell-you-what-is-th-law-n-
13 | ed any inducement-of-any-surrect-that-the-tider-of-the-world--tand-of-the-Buffs-Regiment as licable to this care, and it is in this case. There was certain are favourable to our voyage.semble in the Sanctuary near your duty
responly no evidence that he received The pressure of the dungers and the High Altar
with the sibility to decide according to any reward. On the contrary duties that are shared in com- The service began the law as 1 explain it to you, the evidere tended to on the issues of fact," he de- that after helping the Police he mon by all of us in these days laging of the National Anthem may well make new harmonies: and then the hymn "O God, our received far more summonses
tudia, und, indeed, with
help in ages past" which was "In the course of my sum-than he had ever received in his with
followed by sentences of Scrip- tning-up shall have to refer life. It was possible, of course, large parts of Asia."
Mr Clement Davies welcomed ture read by Rev. Ogilvie. certain parts of the his Lordship agreed, that Yu
After Psalm 130 "Out of the you
thee. amid prolonged deep have I called unto evidence and may express might have thought he would be the declaration on behalf of the
Liberals and, treated more leniently Covernment cheers, congratu- O Lord," Commodore Robertson some opinion or may lead you
Pelice after he had helped them. to think I have expressed some
Minister, Mr read the Lesson from Revela. evidence, later the Prime Dealing with the on the facts, but no opinion of the of the facts is and referring to that given by Clement Attlee, on bringing the tions, Chapter 21, versts 1 10 7. opinion
and Supt Communwealth leaders together. Morrison binding on you. The whole of Inspector
case; Johnston, his Lordship said am quite sure his understand- the evidence given in this case) is before you and you have to that one thing seemed absolute- ing played a very considerable Polier part in bringing about a success- had given deliberate ful result," he said.-Router. perjury on certain points or witnesses had Cowie and his
Those pointa done so, when did the rain come on and whether Cowie went straight to the taxi after alighting from the lorry, or was conversation
to
the clear. Either
base your decision on the whole of that evidace and on nothing officers
I say that because it will be quite Impossible for me to go word for word through the evi-
else.
COWIE'S CONDUCT
Private Car Overturns
dence.
"The Palies Force Ordinance authorised the Governor, on the
there Brst some Cowie representation of the Inspector
between General
of Polies, now the Com
and the taxi-driver and later On missioner of Police, to disraiss
At eight o'clock this morning. interpreter. through nn au offleer of Mr Cowie's rank
those prints, his Lordship private car no. 2281 overturned
Bay. Certnin for any misconduct.
There was de-one regulations made under the Or- reiterated, one side or the other at Careway
the car-a Passenger 155 seemed to be committing dinance provided for a Board of berate perjury.
Chinese Iniy-wha received the plead-
slight injuries. f her forehead, Enquiry. L'artly on ings and partly on admission in
The Chief Justice went on to She was uermitted to go home receiving hospital treat- Court, all the facts are estab- lished except the issue of mis- deal with the question of where after
cause of the, nccident conduct. That is the only is the
Cowie's Cowie's person, and
could not be ascertained, but n you are called upon to decide.
it the line he was
there circumstances I conduct
official said that Police "In these propose to leave with you three told he was to be searched.
Regarding Cowie's own evi- was no question of a collision questions only. The first I will
Did dence, his Lordship remarked with another car. nak, you, to, decido is:
had been given in evi- Cowic accept $40 from Yu Hol- that chuen on June 5, 1947. Second-dence that Cowie had hopes of ly, if so, did he do to in circum
money was
found
On
ment.
The
i
il
DEAN'S BIDDING
Indonesian Talks
Optimism
In his bidding, the Dean sud:
28-The, in- Batavia, Apr. We are to remember before formal talks between the lead- God the offlecers and men of the Royal Navy who lost their lives og Dutch and Republican defe- the Indonesian cales to settle in the recent shelling of its
dispute bave resulted fo a Majesty's ships on the Yangis fuller understanding of cach This Is not
for other's standpoint, a an occasion
usually cominent but for prayer. It is well informed Republican
anlcmn occasion which is ft-source said today.
in Ungly marked by coming
Dr Mohammed prayer to Gol, the Ruler of the Univerre, the Judge of all men former Indonesian Prime Minis- and the lover of men's souls.ter, arrived here last Sunday he As we pray we shall remember from Bankn Island, where that this life is butin prepara-vas interned by the Dutch last and a testing ground for December, to confer with another and better life which J. H. Van Royen. the God has prepared for us.
Dutch delegatę. We have the great hope of tive Resurrection,
This uncertain: is
fin
and we
life
Haita,
the
Dr
chief
com-
Despite these talks, the source
s de had do sati, neither not know when the gentle angel promised on principles, and the of death may come amid men's date for the next formal session violence to lead us into the pre- of the United Nations-sponsored sence of our heavenly Father, conference remains to be fixed. and yet our righteous Judge.
The last conference took place We shall therefore pray and : Commons Debate
scels above dil things that the a week ago. Dr Hufta is due to Banka Island to- return to of our lives may be That evi-
On China
acceptable to him. The kind of morrow. dence.
only hearsay, and was
such, us Lontion, Apr. 20,-The
sacrifice, unseligh announced today
cheerful obedience to duty de- part and thirdly, if the answer there was no evidence of any
mands. is well pleasing to God. of Commons (2) is prospect that Cowle would in Government Or either (1)
It appeared that
It is the rock upon which the ported news of clashes between (the Communist no, to what damages ik Cowie fact succord him.
It is the way the Interpki world is bullt. entitled.
succeeding Traffic stances rendering the acceptance Serim in his post.
of the money misconduct on
to
his
the
Tho
Inspector
been raised as a fact that Cowle was aware that shortly before
the House
to be the case for the plaintiff will debate on next Thursday was a prospect the entire China situation, In- Dealing with the question of that if there
the British warships.- onus of proof, his Lordship said that Cowie might succeed Scrim, cluding the Cominunist attacks
to militate an that with regard to misconduct, that would tend the onus rested on the Crown. against corruption. It had also Ualled Press, On the issue of damages, onur was on the plaintiff. his own arrest, a Chinese traffle the Crown agreed to them, but amount of proof required in
on the fifth and sixth items, his civil action was also different sub-inspector had been
Lordship enld the Jury was not victed of bribery. from the proof required in
award, cvi- entitled to make any After dealing with the criminal ence. It was tor
of n Kratulty Crown to satisfy the Jury that dence given by other witnesses The question It was
probable that for the plaintiff, and telling the rented entirely with the Com- for thein to missioner of Police, and the Cowie was guilty of miscon- Jury that it was duct than he was not, and on decide if those persons were claim for lem of career and op- the question of damages it was speaking the truth, his Lordship portunity was one on which the for the plaintiff to satisfy
the dealt with the question of dam-Jury was not entitled to award Jury that 10 more probably ages. He said that i respect of damages,
The Jury retired at 11.10 a.m. suffered damages than he did the first four Rems enumerated
In the particulars of damages, to deliberate on their findings.
not.
more
the
Inanner
The Dutch weekly review of the situation in Indoncala re-
Radio Hongkong
HKT.
6.90. Programme Suminary; G., Jazz Classics; 0.13, Grand Symphony Orchestra; 6.30, Cantemere by Indio Given by Miss Lee Wai La & S. K. 6.50, Sports Review Lee (Studio): (Studio); 7.00, "Music Lovers Hour" Classical Request Programme Pre- rented by Yvonne Charter (Studio); and Newa World News
(London "Nelny.15, A.03. Analysis
Lexaking At Brilata" "Northamp- Impey Patrick by tonshire
11.30. IBBCTS);
"String Quarlet" Alistair air-Kerr (Violin) 5. M. Bard (Violin) D. F. Allen Cellot A. 1. Bentley (Viola), Quartet No. 35 Op 64. No. 5 (1laydn), Quartet No. 40, Op 70, No. 1 (Haydn) (Studio): 1.06, From the Editorials" (Lantion Relast; 9.00, llong Kong Dances To: Gotchalian and 10s Orchestra the Arabaviators Ballroom: Fiction" 940, Detective in Hend by CHUTOT
נןןןן?
Davies Studio): 10.00. In Honour of the 7011 Birth- day of Sir Thainns Beccham: A Pra- gramme of Mozart played by the Otch, can- Haval Philharmonic ducted by Sir Thothas Beecham BBCTS: Netty Hugly-Beecham fatho i Solo Plomotorte!; 11.09.
Relay): 11.15, Newstrel ( Weather Report and Close Dawn.
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FILIDAY, APRIL 29 Closing Times By Air Hotnow, 3.30 ..
Taingiao. Swatow, Amoy' and Tat- peh. 3.30 p.m.
Mantia, ilonolulu, USA & Canada. 3.
Air Parcel Post for Manila, Hono Tuld and USA, (CPD) 4.30 p.m. (CPO) p.m.
Ordinary Airsal (Printed Matters, Samples and Small Packet Postai tat Manta, Guam, Honolulu and USA, (CPO) 4.30 p.m.: (CPO) 8 p.m.
Shanghini. 5 p.m.
Closing Times By nea Amoy and Japan, 3 p.m. Shanghal 3 p.m.
SATURDAY, APRIL 30
Closing Times By Air
Shanghat, e.m.
Swalow and Amoy, 8.30 am, treg};: 0a.m. ford).
Mantia, 11.30 a.m.
Swatow, Ainoy, Bhanghai, Teing-
LIBERTY
COMMENCING TO-DAY-
2 AINE. FROM
THE YAUMATI
PERRY
AT 2.30, 5.15, 7.30 & 9.30 P.M. WARNER BROS, pratant a daring and caurogozdi mew antartalomani
JANE WYMAN LEW AYRES
One of the time great purtarmantes
It will stay with you facevart
The doctor fest zu End bei sactat,
Me share her showwe,
"Johnny Belinda
Jano WYMAN wins Tho. Academy Award, 1948. For her performance in, this picturo,
Berlin Blockade Talks Soon
(Continued from Page 1)
Barge trafic was stopped for He sak approximately 2,000
which God chose through Jesus Party of Indonesia) and other ao, Chungking Talpeh, Kunming a time yesterday afternoon,, but tons of pirlift goods move daily
Christ to save mankind. We groups in the shall not fear then to commend East Java.
western part of
and Calenite. 3.30 p.m.
Bangkok, & p.m.
to God's grace the souls of the
"the men whom today we remember In the Malang area of East
Java, the review stated, with gratitude and affection.
'tuation in dominated by con- We shall pray that their families and friends may receive tinuing insecurity which, in part God's word of comfort and and of this area, makes any kind of
administration impossible," peace.
Cuerline around Joginkorta And inetly. because God is the
Soerakarto in mid-Java Father of all men, and in his and presence all men are one famlly, were "still very active." Seventy "errorista"
we thall remember before him
were
the Chines who have been killed in act on in the Subang and 50 killed in battle killed in the civil war, who are area
even now dying, and must still southwest of Cherlhon, In West elle ere peace and order come to Central Java, it was reported
Reuter. Chino.
Closing Times By Sea Saldon, 10 a.m.
Man, 10 a.m.
Tangkok. Noon, Kwalow, 3 p.m.
after another, complaint, it was through Charlottenburg lock resumed. The Russians stayed i after "; arrival from Western on in the Urce canal buildings. | Germany. By using barges for Three were posted at the busiest | airlift dlstribution, the Allles locks at Charlottenburg and ono jeɑnserve on truck fuel.-ASKO-
nt Plooizenseo and claed Press.
Formosa via Keetung and Shang-cach that. a p.m.
Holhow,
Fialhow, Takbot Straits and Bangonn, 6 p.m.
Teamkong via Canion, 0 p.m.
SUNDAY, MAY 1
Closing Times By Air Bangkok, Singapore, Batavia, lombo, Sydney and Auckland, a.m.
Haiphong and anal, I am Balgon and Paris, 10 a.m. Swntow and Amoy, 9am. Telogio and Tainan, 10_#..
Closing Times 11y Bea Bwatow, 10" a.m.
Spandau.
Apparently In fear that re- taliatory action might be taken, their hallo all the Russians Coown barges.
10
Boor Sales Slump London, Apr. 26-Reporting a stendy fall in Duich beer con- One British official remarkedsumption, the Dutch Embassy that it was probably hurting the Press Department today head- Russians more than the Allies, lined a news liem "Beer. Con- aince Russian canal trafe is sumption Continues Its Down-
| ward Course”—Neuter. - usually heavier.
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