WEDNESDAY, JANUARY 80 1994.
BANK PAYS.
(Continued from page 4.)
A Legal Argument. When Mr. Dovey had left the, box, Mr. Potter sald that he wanted to call another witness from the Bank.
The Chief Justice: But you have closed your CRBC.
Mr. Potter: No, My Lord, my case was not actually closed.
The Chief, Justice: 'Pardon me. It was.
Mr. Potter: I told Your Lord ship 1 was going to make an application in law before I closed
my case,
1
The Chief Justice: The note made was that you closed your case subject to any re-examination of Mr. Dovey.
Mr. Pater agreed that he said that, his intention being at that time not to call any further evidence. Even, however,
PIRATES ROUTED.
LOCAL LAUNCH ATTACKED
AT NAMTAO,
The story of yet another piracy was told yesterday with the arrival in Hongkong of the lunch "Hau Hoj" which was attacked just after her arrival at Hou-ból (Ngmino) at 6.30 am yesterday morning.
According to the coxswain the lunch left Hongkong at noon on Monday carrying about 80 passen- gers and a miscellaneous cargo. On her mooring at Hat-ho, a bout wit fifteen armed men aboard drow alongside. The pirates, brandishing
revolvers clambered aboard the Iunch, overwered two watchmen. and covered the crew and passengers with their guns. They ordered the Coxswain to steer towards Pak Shek where an hour later the launch 'ran agrond. The pirates searched the passengers and thoroughly looted
if he had closed his case he should the bont and then lowered them- still have made application to call selves into a sumpan. The coxswain
accompany the pimtes.
The timely arrival of the launch "Leo Fat"--which waspirated a few months ago, and a big junk prevent
this evidence in view of the sugand the compmdore were forced to gestion made yesterday that it was somebody in the bank who did this stenciling on the signature. It was only fair, he claimed, that the Bank should have the opport-el the men from effeding a clean unity of proving what happened to these cheques.
The Chief Justice: Your case has been that the cheques are genuine. You called an expert witness yesterday and he says, after a great deal of consideration, that the cheques are forgeries. It is not suggested that it was done with any connivance of the bank or anybody else.
Law About Cheques. Mr. Potter rejoined that his case
in law had been and always would cheque was issued by his firm or if
be that if a man was aware that a
escape. The crew of the "Lee Fat" opened fire on the sampu and for a time there was a stiff encounter. two of the pirates falling mortally wounded. Eventually, the pirates were routed with the appeaminee on the scene of the "Hang On" and inadon bosty retreat in the direction ; of Pak Slick. Fortunately there were no casualties sustained by th crews of the junk, the "Lee Fat" or the "Hang On,"
During the battle, the coxswain and compradoro of the "Hat Hoi"
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THAT EDUCATION BOARD.
STRAITS MAN'S NEW POST.
were picked up by one of the To the Editor of the China Mail] GOVERNOR OF WINDWARD
launches.
a man was aware that a cheque had
It is not yet known of the valne been issued it was unimportant of the stolen cargo and passengers whether his name appeared on that cheque or not as long as know. property. ledge was brought home to him of the issue of the cheque,
The Chief Justice. There is no evidence of that.
Mr. Jenkin: It is not even pleaded.
Mr. Potter: The law is that where a man knows a cheque is issued it does not matter what name that cheque bears upon it. It is nevertheless his cheque and binds him, provided he is aware
of its issue.
evidence on that,
CAPTURED MISSIONARY.
DR. THOMPSON WELL.
KNOWN HERE,
Doctor Thompson, who was pro- ceeding to Peking, with the object. of handing over Brigadier Generi Pereim's belongings, and uking
Sir-"A certain amount of salt
ISLES.
LABOUR'S CAUSE.
DR. SUN'S CABLES TO MR. RAMSAY MACDONALD,
Dr. Sun Yat-sen has cabled the following menengo to Mr. Ramsay MacDonald :--
should be taken to take away the Renter cables from London that taste" provided by the speeches Sir Frederick Seton Jumes, K.B.E., "Permit a fellow-worker in the delivered at times at prizes-distribu- Colonial Secretary of the Straits cause of Fabour to send you tions. Mr. Teesdale Mackintosh's Settlements, has been appointed fraternal greetings and huit your is the latest and let us hope the lust, Governor of the Windward Islands Party's accession to power as mark- of these febrile attenuaces which are, in succession to Sir George Basil ing .new era, not only in English said to be panctuated or punctured. Smith, K.C.M.G,, the distinguished history but in the secular affairs of with applause. Its only claim to soldier who has held the post sinos ratione, originality is its quotations from the 1914,
"We look to you to deal with
a
Bible. On that I will only say that Sir Frederick James, who bas' China, not as if she were still a con- certain gentleman is said to quote been Colonial Secretary of the quered nation of the days of opium scripture when it suits bis pri Straits Settlements since 1916, has wars and Boxer outbreaks (which bus full report regarding the latter's poses.
Mr. Mackintosh opens, had extensive experience in Nigerin, seemed to be the implicit or un death, and who was captured by himself to en accusation of in where he acted as Govemer during conscious attitude of your predeces bandits on the 24th inst., at Pao neuney when he alleges-accord- 1912. He was Food Controller of sors in foreign office and snccessiva The Chief Justice; There is no towcher, some distance westward of ing to your report, that they those Malay in 1918 and Officer Adminis. British Ministers to this country) Mr, Potter: I shall, My Lord, the Peking-Suiyuan terminus is well who are guiding local education-- when the time comes, show that known locally Dr. H. G. Thomp presumably the members of the tering the Government in 1919. but as the home of a people whose A Crown Colony in the West civilizing work in Agia, both as con- there is ample evidence, I put if son is on the staff of the Church Education Board) are really no Indies, the Windward Isles com- queror and teacher, entitles them to to Mr. Jenkin in my opening that Missionary Society stationed at quite so ludicrous as some public if our case was true it was a Yunianfu with Dr. N. Bradley. men would ask you to believe. The prise the south-east portion of the at least the same treatment now Lesser Antilles (Bt. Vincent, acorded to nations whose sover- swindle in which Lau Se-yuen Prior to going to Yunnanfu, Dr. word some is deceptive. The word
Thorapant worked it played a part,
Pakhoi ludicrons has been used only in one Grenada, Grenadines, Tobago and eignty has been freed of pre-war The Chief Justice: You never amongst the lepers. He is a distin- quarter, and then, not in reference, St. Lucin.) The total area is 661 fetters. And in particular, I have suggested it and if there had been guished surgeon. As a holiday task to members of the Board, but to the square miles. anything of the kind you could he deputised for Dr. Sanders at the meetings of the Board-a vastly have put it in a further pleading Matilde Hospital and is given different thing, Mr. Editor. In bold- that if the cheques were forged seveml addresses in Hongkong. Hising forth publicly, Mr. Mackintosh they were forged with the conniv-sister in Mrs. Lindsay, wife of the needs to be reminded that the duty ance of the plaintiff firm.
Rev. G. R. Lindsay, St. Andrews, of a speaker is to be strictly Mr. Potter said what he was Kowloon. At the moment Mrs. Rcurte However now that he has submitting at the moment was Thompson is staying at the that if Lau Se Yuen knew these Vicange and is anxiously awaiting cheques were drawn in favour of news of her husband. the Yangtse Trading Company ât was a matter of indifference what name was on the cheque or what chop was on the cheque.
Question of Pleadings. The Chief Justice: Do you say you can raise that side of the case without it being pleaded?·
Mr. Patter: Certainly, because they are the firm's cheques.
they could not on the face of the pleadings have had the slightest inkling. May I not he frank with you in saying that the only reason why you did not put
broken a long silence we may expect to have his reply to Mr. Fletcher's letter of a few months ago, which so far as public memory, goes seome, to have remained unanswered. Yours, etc.,
CAINE ROAD. Hongkong, January 29:
PIRATE ATTACKS.
in such an alternative plea wasTo the Editor of the China Mail.] that you relied on the expert The Chief Justice The jury evidence you had and believed│-' would have to be satisfied that the that the cheques were genuine? cheques were forged. Well, that Mr. Potter said that the only is done on your own evidence, reason he did not file a rejoinder although you said they were not. was that he thought the pleadings I am assuming now that you could were complete. When the plead have pleaded the alternative posi-ing was drawn and the statement tion you now take up but you have of defence was drawn it was not pleaded it. You stand upon not known that the chop was your definite allegation that the a forged one. It was only cheques were valid and
KOWLOON GOLF.
M
UNITED SERVICES R. Č. ▾ KOWLOON C. C.
to ask you to examine afresh the fanciful views which some of your official sub-ordinates bold of me as a Labour leader, and a Socialist." BUN YAT-SEN,
TRAMWAY COY.
DIVIDEND FOR 1923
The Directors of the Hong-
On Sunday last the United Services Recreation Club entertain- ed the Kowloon Cricket Club at King's Park, probably for the last kong Tramways, Ltd, have recom time. An enjoyable match ended mended a final dividend for 1923 In a draw, the Kowloon C. C. being, of $1.75 per share. one up in the morning and one down in the afternoon.
The course is about to be cut up and laid out to meet the require ments of local clubs, but should the inroads of the contractor permit, the Kowloon C. C, and the United Services R. C. will meet again on February 17, and there will be no room for other golfers on the course on this date..
Sir-Regarding "Const Officer's" letter in your issue of yesterday replying to mine printed in your Saturday paper, I still afirm that what he is pleased to call my superficial view of things" cotu bined with what one reads of the "Tai Lee" piracy, does produce and The scores in Sunday's match convey ang vory obvious solution, to, were as under:
SINGLES.- your the other day that they discovered if not the suppression, then the evidence was called to support it. it;
TO-DAY'S ADVERTISEMENTS.
PUBLIC AUCTION,
PARTICULARS and Conditions of the Hale by Public Austin fo be held on MONDAY, the 4th day
lessening of the opportunities of Gandy Fletcher Mr. Potter: That was not my The Chief Justice; It is an en- which the pirates make such excel- Alexander...... I Overy..... 0 of February, 1994, at 2 p.m., a the case. Part of my case was that tirely new case. You never lont use. The point I made special Lindsell. I Stevens ...... 0 Office of the Public Works Department, one of the most essential portions opened it and never made any mention of as you know, Mr. Hooper of that cheque-the, chop was a suggestion of it throughout the Editor, was the question of the Franks forgery.
evidence.
laxity of discipline, whereby the Chippindall Mr. Jenkin: May I'just say this, chief officer's revolver was locked Meredith My Lord
The Chief Justice: I do not away in a drawer, a fact bound to Cokes
be observed by the crew, and one Brockmano think it is necessary. I shall whiol might be suggested as having Beall
Smalley certainly not allow Mr. Potter at first put the idea of an easy pinoy McGolrick this stage of the case to present into the boatswain's head.
The Chief Justice: You have a day as counsel, Mr.. Potter, and I have a duty as judge. My duty is to see that what is left. to the jury for their consideration is based
on proper authority.
His Lordship's Ruling. After further discussion the Chief Justice said he should rule that Mr. Potter ought to have
יי.
an entirely new case to the jury I never hinted or suggested that Brown... which, in my judgment, should it was either an Army or a Navy, Dator have been pleaded.
job, but I do think that such slack. The Verdict.
Searl pleaded the submission he was Addressing the jury, the Chief discipline, resulting in the loss of
Instice said, he would very much human life should not be tolerated Mr. Potter: Your Lordship is prefer to have adopted their ver (and it would not have been, in the ruling that a cheque which has on dict, as men of experience fa Army). What about this bit in
now raising,
it a forged chop and a forged these matters, but the case brückete?
firm?
170:
I Avenello by Order of His Excellency the Governor, I Wheeler of One Lob of CROWN LAND at Shawan in the Colony of Bengkong. Mason for a term of 75 years, with the option of ...... I Braweremowal.at. a. Crown Rant to be fixed. 0 Hyde by the Surveyor of His Majesty
Davidson ... I King, for one further term of 70 years. Page... Monaghan ... I Muir...
o Edwards....
o Heathcote
D Coruley
Buckle
• Smith
754
FOURSOMES.
Gandy and
signature cannot be binding on a had, assumed a form in which "Coast Officer'a" letter distinctly. Lindsell. I
he had to take the only course avoids this one important fact-the Hooper and The Chief Justice: I am not open to him, having regard to the one fact I intended to convey, and Chippendall ruling asyiking of the sort. You bvidence.
clearly of his disregard of same, rather leads Beall and are making an alternative sugges opinion," His. Lordship declared, mo to believe that he is of the same tion and although you did not rely "for the reasons which I have given opinion as I, namely, that it was lax Cokes on the forgery in any way that I could not allow the learned discipline on the part of the chief because your expert witness counsel to nok you to find officer of the "Tai Leo," and as the Lalor says the cheques are, forgeries you a verdict on the alternative pirates have no wish to bo caught, say that if the cheques are that has been suggested..... To they only take advantage of shing forgeries they wers.done with the adopt that course would be amost where, shall I say "suitable oppor authority of the plaintiff firm, without precedent. I therefors unity offers Buch on theso.
Mr. Potter. That is a polat, My point out that your duty is purely
Yours cto., a ministerial one and I have to ask¦ Lord, raised in the pleadings..
Mr Jekih Your case, up to you to find a verdict for the
Hongkong, January 29. three weeks ago, was that the char plaintiffs."
on these cheques was the firm's The Jury having formally re
chope
turned a verdict as directed by the Chief Justice judgment was enter
My Potter: My friend could not know what my case was going of for the plaintifa Afkdfjof TOTAL scullate feffofoon days was 4. Extendy Now Cws granted and it was arrood shat the
Justice to Mr. question of interest on the amo
to ba
ALTHO
ontire
case
of which bers
* LONDON, ...; January : 29,- Chancellor of the Exchequer announced that the Government
Alexander. I
and Meredith.o
and Franks. Blockman
and Scarlo Smalley and Brown.......... McGólrick Vand Bucklá, o
Fletcher and."
Overy ..... Avenell and
Hyde Wheeler and Mason***** Brawn and Monaghan, Page and Smith..... Davidson
and Muir... I Edwards and
Registri
PARTICULAES OF THE LOT-
posiity.
Boundary
E.
ft.
2
Asper] plaz
NOTICE,
H. BM, CONSULATE GENERAL
Heathcote BRITISH-subjects are heraby-re
Stevens and
Cornley
3/2
*Last week 104 cases of small
has decided that it is not prepared pox were reported and there were to dispose of the Government og deaths from the disease. Twen- Kharem halding Windthe Anglo-one frosir canon wa Persian Oil Company-Reuter?)
yesterday.
mloded that in terms of the
1 China (Amendment) Order in Council
of 1921 they are required to register themselves at H. KM Consulate General in January of each year.
BERTRAM GILES *
Comet! General”
H. H. M. Consulate General, #2,
January 29th, 1924-
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