Defendant had written to plaintits on September 13, stating that all the rent for August had been paid in full, although his business was only half what it normally was. He asked for a reduction in rental, stating that he was sure the landlords did not expect tenants to bear all the burden of the loss of business. The Jandlord replied that his expenses had increased, and he could not of-for a reduction in rent. Defendant vacated the premises on Septem ber 25.
The judge stated that one month's rent fad "already been paid into, court, and the only point to be de-elded was whether "defendant was able for the rent for October.
Mr. Reeks contended that defendant was still in occupation of th premises during October, through a Sub-tenant, Mr. Kiriloff, Called by the plaintitts, Mr. 1, W. Rodgers, manager of the rent department of Messrs. Ezra, stated that Mr. Kiriloff was in occupation prior to November 1, defendant having vacate ed the promises shortly before that date, Plaintiffs did not rent the premises to Mr. Kitilof, Mr. Rodger, (in eross-examination); What is your previous experience of this rental business?—As a tenant, For the defence, Mr. Rodger stated that defendant never exercised his option, which extended for six months from April last, The de~ fendant was inthe position of 3 tenant at will after last April. "The bombing of Nanking Road caused. practically every shop in the vicinity to be run at a loss for practically a month", stated Mr. Rodger.
Tenant At Witt In evidence, Mr. Little said that he had notified the landlord in writing, and by advertisement, when he left the premises at the end of September, No renewal of the lease was offered subsequent to the end of April last, and he considered himself to boa tenant at will. He had no document in writing authorizing him to remain on the premises, neither was there any. verbal arrangement. "it T had obtained consideration from my landlord for the hard times through which my~buslhess was passing', said Mr. Little, "T should still be' in occupation of the premises". Having failed to obtain consideration, he exercised what he considered to be his legal right, and left' the premises.
ment, The ease was adjourned for jude-
(Verdict of death ax result of wound from (a machine-gun bullet" Gred From a" Japanese. aeroplane) was absolutely impossible at. that height for the civilians to have been confused with Chinese soldiers; have made aerial reconnaissances and T know," raid Corporal Ht. A. Osborne, of the Royal Ulster Rifes, the inquest whish was held before Mr. C. H. Haines, H. Int. Coroner, fon November 3 on the body of Rineman Patrick McGowan.
'A verdict of death as the result of a "gunshot wound from 2 machinegun Dullet fired from. a Japanese Seroplane which attacked the post at which deceased was stationed" was returned by the Coroner. The Coroner added that he did not think it would be of any Use for him to make any comments as 40 his porsonal opinion, as "enough has been said." "He would therefore just record his verdict and express his regrets.
Eopttin Charles Ryan, of the Royal Army Medical Corps, said that at about 3.25 pin. on October 24 he was reluming from a ride and on nearing the riding school saw a Japanese plane dive in the direction of "Q" Post four times, firing ite machinegun on each occasion. A police van hurried to the scene, and within five minutes returned with the body of a dead soldier. The soldier had died fs the result of a bullet wound, the point of entrance being the top of the shoulder, and the exit point the Jett "auxiliary tung, between" the seventh and eighth' ribs. In his opinion, death had been instantaneous.
Within 300 Feet Corporal Osborne then gave evidence to the effect that he, a Lance-Corporal, and six other men had taken over the post on Keswick Road at about 2pm. At about 3.20 fin. a Japanese pursuit aeroplane dived towards a party of men and women, civilians, riding on horse [back near the post, and when it had got to within 300 feet of the ground, opened fire with its machine-gun; the He shouted to them to take cover {in the post. The plane circled and then power-dived towards his post, firing ils machine-gun.
He told his. men to take cover. Riflemen MeGowan and Lindsay were outside the post, working on some blankets, and they both ran for the entrance to the post. "Rifleman Lindsay sud denly shouted "I am hit." so witness told him to try and get into cover.
He then looked at MeGowan, who for who instructed the police was lying in the entrance to the! locate post, bleeding profusely from the being concerned eft "side and the mouth, and one glance showed Corporal Osborne the man was beyond aid; he covered him with a ground-sheet, and told Rifleman O'Leary to get the Lewis gun ready for action. " When the plane dived again, he ordered him to open fire, Post Opens Fire He then took over the gun himself and going outside, rested it on a Sandbag. wall and continued to fre for some time at the plane, until it eventually few off in a northerly direction. "The dead man was placed. in the police van and taken away. "Q" Post, said Corporal Osborne, was about ten yards inside the perimeter. From his own experi ence, he felt it absolutely impossible for the civilians to have been mis taken for Chinese soldiers from the height at which the plane was flying. He similarly felt it impossible' for the plane to have taken "Q" Post for a Chinese post; the British soldiers were dressed n khaki drill shirts and Shorts and ste! helmets at the time All mut have been clearly' visible to the occupants of the plane. which, dived once at the civilians and four times at the British post, "It war a bright, sunny day, with excellent visibility," he concluded.
"You gave your evidence very well leod," commented the Coroner as witness stepped down from the wil ness-box.
Sound of Machine-gun Rifleman John Lindsay, also of the Royal Ulsters, said that he and the deceased were working on some blankets just ow'side the post. At about $20-pin., he heard the roar of an seroplane's engine and the sound of a machine-gun being fired. The two soldiers left their blankets and ran for the entrance of the past, some three yards away.
Charged with looting a house evacuated by ils occupants, an unemployed man was sentenced to fcight months' imprisonment in the First Special District Court on Nov. as Just as he got to the entrance, he felt a bullet strike his thigh and he fell. Tt was only a graze, and he managed to eral into the post. He @id not sce McGowan for a few moments, og he had been behitid him, ut a minute or so later saw him lying in the post; he was dead, It was, he thought, a Japanese aeroplane which fired at them for "It. was green, with round, red markings on both wings" There was no other firing up to the time when the plane opened up with its machine-gun, Saying that the evidence in the inquest made everything abundantly. clear, the Coroner then returned his verdict,
Text read from the printed page and cleaned; old type leaves the occasional error.