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tell
328
Wa Chun thought
Tung W. Chuns a respect and if he began to nt I? Laughter.) hillips Because Mr. Fung espзotable man and because yon telling a lie, you thought it was ne ry that you as a respectable man should tell lie too? Is that the way you
aintain your character for Witness –As he was trying
respectability?
decuire me, why should I not try to deceive him?
Mr. Morgan Phillips-Why did you not tell Mr. Fung Wa Chun the truth?
Witness If he had come alone without his solicitor, I would have told him the truth.
Mr. Morgan Phillips-When these gentlemen naked yon, “Had you the notes in the box?', why did you not tell them, My manager and my foki helped me to pack the box-they saw $50,000 put into the box"?
Witness-He was accompanied by his s lici- tor. If he had come to myshop. alone, without bringing Mr. Hastings, I would have told him the truth. But as Mr. Hastings was there, I had to tell a lie.
Mr. Morgan Phillips-Here was a matter of immense importance to you a box lost containing not a very small fortune, why did you not say, "The notes were packed in the box—I can produce two witnesses who saw them packed there"? Why did you not say
that?
THE HONGKONG WEEKLY PRESS AND
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Phillips-Why did you make all Į. three years in Manila... He was a merchant in ments ?.
Manila in the Kwong Hing Loong, which was started about April, last year. The other partners in the firm were Chan Chick Wan and Tam Shui Tin. Witness had a quarter share, plaintiff a half sbere, uni the other partner a quarter share. The firm had a soda- water factory in Manila before Chan Chick Wan joined it. carried on. Their business now was general |
That factory was still supply. The'r solicitors there were Davis & Kobu, solicitors to the Chinese Con- do with Mr. Kohn in connection with certain sul in Manila. He had had something to
going in for these contracts. In this con U. 8. government contractr. His firm proposed nection they had had letters from plaintiff. He mentioned that matter to Mr. Kohn, who he believed, was a director of the American Commercial Co. After he had spoken to Mr. Kobn he met Mr. Blume, the manager of the American Commercial Co The firm offered for 3,000.000 lbs. of rice, for drawers and shirts and The firm were
for bags for soldiers. other things besides. In these matters for intending to Lender for tendering to the U.S. Government he was act- ing on Mr. Kobn's advice. Mr. Koba intro- duced him to Mr, Bluma in his office, and he saw the latter of en afterwards and talked over matters. For the purposes of tendering, be heard, American money was required; but he did not know actually whether it was American or Mexi- contract you had to provide security. He wrote can money that was required. If you secured the to his partner in Hongkong. He also had a good many conversations with reference to this subject with a man called Lai Kai, who subse- was acting on behalf of Chan Chick Wan and his quently left for Hongkong. In this matter he
Chan Chick Wan. Chan Chick Wan had sent other partner. He expected to get money from goods hat no money from the beginning. This $50,000 was the first money that Chan Chick Wan was sending. The goods sent from Hongkong to Manila from March to Decem- ber last were of the value of $200,000. He expooted money from A bill of lading was received by him for a box the plaintiff. of money from the Zafiro, addressed to Tam Shai Tin, in a printed envelope. On the arrival of the bill of lading he sent a man to clear the goods, after making a delivery order. That was about the 15th September, in the aftercoon. Tam Shui Tin handed the bill of lading to him. It was next morning that he sent a man to clear the goods from the Custom house and pay the daty. The delivery order, he thought, was given in the morning. The man whom he sent he went to Shewan, Tomes & Co.'s offices with for the goods did not bring them. Thereupon
box and afterwards went back to his shop and the man and made enquiries about the missing wrote a telegram to Chan Chick Kwan. also sent the police off to the Zoftro, but did not go off to the steamer himself.
Witness--I won'd have told Mr Fung Wa Chan the truth if he had come by himself.
Mr. Morgan Phillips sat down, and Mr. Blade re-examined on the matter of the keeping of the firm's booke, which the witness stated were kept by a Chinese clerk, as he himself could read and write only a little Chinese.
The Foreman of the Jury--What is your working capital-what do you bayy ur goods with?
Witness-I buy my goods mostly in cash. The Foreman What amount of capital do you own,
i
Witness I own $75,000.
The Foreman-\nd owning $75,000, you kept $50,000 gold locked up in your house that you did not apply in your business?
Witness-Yes.
The Foreman-Do you think it was prudent to leave $38,000 gold in a safe in your place of business?
.!
Witness-That is what I did.
The Foreman Why, if you wanted to send the notes to Manila, did you not send them by prat and register them, that being cheaper than freight by shipping?
Witness Because you cannot effect an in- surance that way,
The Foreman-Do you state positively it is not possible to insure notes in an insurance company when you remit them by post? Are you not aware that you can
Witness-I was not aware of that. That is the first I have heard about it. |||
The Foreman-Have you in the course of your business ever received any crossed cheques P
Witness-Perhaps I have; I do not remem-
ber.
The Foreman How did you get them cashed if you had no banking account?
Witness Sometimes when I bought goods paid for them with thess cheques
The Foreman You say you paid the freight on this box to Manila the same day you sent the box. Have you always been in the habit of doing that ?
-Witness—I always pay on the same day.
At the suggestion of Mr Blade the witness was asked by his Lordship what the nominal capital of the Man Loong business was, He replied that it was $10,000, and that his share amounted to $75,000.
This concluded his examination, and Chu Wai Cho, an axistant in the Po On Insurance Company, was placed in the box, and gave evidence regarding the Man Loong firm's dealings with his company.
The Chinese partner of the Man Loong firm, called in Manila, T. P. Jackson and in Chinese Poon Shik Sang, was the next witness called. Examined by Mr. Blade he gave his evidence in English * He had lived, he said about seven years in England, ten years in America, and
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This ended the examination-in-chief. being now after half-past four o'clock, Mr. Morgan Phillips suggested that the Court should adjouin." He had one or two questions only to ask this witness, but he could put them next day (to-day).
adjourn and asked the jury whether they His Lordship expressed his willingness to were desirous of sitting again to-day P
Mr. Morgan Phillips, interposing, said the defence had two or three witnesses that they would have to call from the U.S. vessel Monte- rey, which, he understood, left on Monday; it was absolutely necessary to have these witnesses called, and of course they could not du so unless the Conit sat (o-day.
The Court accordingly adjourned,
Saturday, 2nd May.
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gues and myself desire to a is in any way interested should like to see it.
His Lordship—I barə
not
May 9, 1993.
Lordship.
Mr. Pollock-1 will hand it up to your
His Lor 'ship—If you please.
Mr. Pollock banded up a copy of the Tele- After having done so, graph to his Lordship, who read the letter,
had better bring this matter before me on His Lordship (addressing Mr. Pollock)—You
publisher to come before the Court to answer affidavit and Ble it on a motion and get the for this letter,
Mr. Pollock-Action will have to be takov, I presume?
His Lordship -Yes. Addressing the jury,
resant the innuendo,
His Lordship said➡'t he jury very properly
Mr. Pollock-Very naturally,
His Lordship None of you gentlemen are sharehoklers of this Company ?
shareholder.
Mr. Fnols Mr. Siebe, ny partner,
pecuniarily ?
His Lordship-Yon are not interested
Mr. Fuchs-No.
is a private matter and is not in the partnership? Mr. Pollock-You mean, Mr. Fuchs, that this
the firm.
Mr. Fuchs-He holds a share as a pariner of
His Lordship-As a pirtner ?
holder Mr. Siebs as a partner of the firm is a Mr. Fuchs -Yes, I personally am not a shɛre- shareholder.
Do you mean that he is a private shareholder ?
His Lordship What do you mean by that? Mr. Fuchs-No. I mean he is a shareholder as a partner in Siemesen & Co.
His Lordship-Then you have an interest P. Mr. Fuchs-I am interested in the Company in so far as our firm is a shareholder. I am not personally a shareholder. - .
His Lordship-But as a member of the firm you have a pecuniary interest ́in the Company ?
Mr. Fuchs-Yes.
these circumstances that you took it upon His Lordship-Well, it is to be regretted in yourself to take your seat as a jury manag
allowed to sit. I am not a shareholder. My Mr. Fuchs- I did not think I would not be name is not on the list.
His Lordship (to Mr. Slade)-Do you consent to allow this gentleman to sit?
Mr. Blade- Certainly,
at the same time having ev ry confidence in His Lordship-I personally should prefer
should not continue to sit in this case because of your (Mr. Fuch's) personal integri y—that you
understand? your interet in the defendant Company. You
Mr. Fuchs-1 quite understand.
His Lordship-I believe that, having an in- terest in the Company as a member of shareholding firm, you would judge the evider ce according to your oath, but it is an absolute principle in this Court that no man shall judge his own cause, as it were; and this case is one in which all' the shareholders as it were have a very great: Mr. Fuchs will retire from the jury. There is interest indeed-some £10,000. If counsel like, not in any way any implication upon Mr. Fuchs. Mr. Fuchs rose from the jury-box and loft
the Court.
take no notice of the letter in the "cb graph. His Lordship-In the circumstances I will It would have been better if Mr Fachs had indicated his position, but in the circumstances I will not take any notice. Mr. Foreman, 1 take it that none of your fellow-jurymen are in any way, directly or indirectly, interested in this Company ?
The Foreman-Ne, my Lord. They all assure me they are not,
The Foreman of the Jury-Your Lordship, before the case commences I desire to call your by consent this case may proceed with a jurys His Lordship (to the counsel)-Gentlemen, attention to a letter which appeared in the Hong-man withdrawn. The proper number by law is - kong Telegraph last night, qustioning whether Company. any of the jury bold shares in the defendant
His Lordship-I have not seen that
vations your Lordship made to the gentlemen The Foreman-I think that after the obser- who were chosen, before the jury was em- panelled, it is only right to say that my collen
seven, but you consent ? Į make a note that you consent, Mr. Blade; and you, Mr. Fbillips ?
Mr. Slads -1 consent,
Mr. Morgan Phillips - If your Lordship plenses. -
footly willing to allow Mr. Fuchs to romain.
Mr. Slade-I am sure I should have been perv Tsang Shek Sang again went into the witnes