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June 26, 1905.]
IN CRIMINAL JURISDICTION.
Tuesday, 20th June.
BEFORE MR. F. T. PIGGOTT (Chief Justice).
GANG EOBBERIES.
The deferred judgment in the case of Lai Po and Ng Ngan, who were charged with deman- ding money with menaces as reported in our last issue was delivered. They were each sentenced to six months' imprisonment with
hard labour.
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Ho Man and Ng Ngau were charged with assaulting Wong Kiu, and robbing him of money and clothing to the value of $80 at Shanshekwan on the 12th March. Bir H. 8. Berkeley, Attorney General, instructed by Mr. G. E. Morrell (of the Crown Solicitor's Office) prosecuted. Prisoners, who were undefended, pleaded not guilty, and the following jury was impanelled: W. A. Koehler, W. E. Craig, G. Blood, J. Arnold, I. S. Perry, 8. A. Seth and
F. Kohrs.
The Attorney-General-The facts in this case are that the complainant, Wong Kin, was in his house asleep on the night of the 12th March when he was awakened by the noise of his door being broken open. As it gave way, he saw two men enter. Others were standing outside.. When complainant saw the men entering he jumped up and armed himself with a spear, with which he attempted to defend himself. The spear was wrested from him, and he was seriously wounded. The difficulty in this ease is the lack of evidence of identification against the prisoners, who were masked at the time of the robbery.
to one
The jury found the prisoners guilty, and His Lordship sentenced the first year's imprisonment with hard labour and the second to three years' penal servitude with hard labour.
ALLEGED EMBEZZLEMENT AND LARCENY.
Tang Fuk was charged with the embezzle. ment of $50 at the Magistracy on the 4th April, also with stealing, taking or carrying the same away. The Attorney General prosecuted, and Mr. H. N. Ferrers, instructed by Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon) defended. Prisoner pleaded not guilty on both counts, and the following jury was impanelled :-F. Nicholai, A. Moir, E. A. Shroeder, P. C. Knyvett, W. F. Banford, A. L. Alves and J. Hooper.
The Attorney General-The charge is that the prisoner, then being third clerk at the Magistracy, received payment of a fine which had been inflicted on a Chinese, and that instead of paying it into the public revenue or handing it over to the proper officer, he put it into his pocket and kept it.
After hearing the evidence, the jury were unanimous in their verdict of "not guilty, and the prisoner was discharged.
IN SUMMARY JURISDICTION,
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BEFORE ME.A. G. WISE (PUISNE JUDGE).
TSZE TAN SHUN TONG V, CHAN SHING YU.
1. his was a claim for $1,000 being part of a loan of $1,548 made to defendant on the 8th March last.
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CHINA OVERLAND TRADE REPORT. defendant, F. J. Badeley, from the plaintiff's agent Chow Kwan and deposited by the said F. J. Badeley in Court, and being moneys the subject matter of this action."
The parties in the case were as follows:- Lam Tung, plaintiff; F. J. Badeley (Captain Superintendent of Police), defendant; and the Nam Loong firm, of Saigon, claimants. Mr. H. E. Pollock, K.-C., instructed by Mr. Dizon (Mr. John Hasting's office), appeared for the plain- tiff, and Mr. H. N. Ferrers, instructed by Mr. J. Hay (Messrs. Johnson, Stokes & Master), for the claimanta.
on
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10th and 12th of June the persons who made the declaration were in intercourse with ở, the debtors. Therefore, it is clear tha statement about their being in hiding. going to abscond was absolutely mishing and should never have been made. T ground which is no alleged in justification of that statement is that we believe that unless the said Lai Wing Cho is arrested he will abscond as his partner appears to have done." That is the only excuse which is made for the statement which is manifestly inaccurate. If it had not been for what Mr. Bowley has said, Mr. Pollock having closed the case for the that these declarations were made with full plaintiff, Mr. Ferrers, previous to calling wit cognizance of the principals, I should havS nesses on behalf of the claimants, addressed probably ordered the arrest of these four men for the Court. His line of argument was that perjury I realise entirely the difficulty which the plaintiff's story,
of the face it, everybody in this Colony who is conducting was very improbable. The latter, described trade with Chinese experience in matters of this $8 a travelling trader and cook, had met sort by debtors abscending at different stages of Chow Kwan, the man who was arrested at the bankruptcy proceedings on account of the Hongkong on the ground that he had taken proximity of Canton to Hongkong, and I am moneys from Saigon the prop rty of the doing all I can to facilitate proceedings in a claimants (Nam Loong firm), on board the s.s.legitimate way, but I cannot sanction the illegit-
imate use Kinshan, where he shared the plaintiff's bank.
of the proceedings of the Court. A document, copy of a judgment of the Court The law requires that a distinct statement of Indo-Chine, was produced to prove the should be made, and grounds furnished, before
Chow guilt of
Kwan. To
meet the the arrest of a debtor is ordered, showing that plaintiff's statement that be, Lam Tung, he is about to abscond. That is a perfectly had asked Chow Kwan, during rough weather legitimate provision of the bankruptcy law; it at sea, to look after a packet of $2,600 which is a very stringent provision, but it is a very had been intrusted to the plaintiff as a bailee, necessary one. There is no auggestion what- money found on Chow Kwau when he wis ever that this man was going to abscond. arrested at Hongkong, Mr. Ferrers suggested the contrary, on the affidavits before me, up to that this stor. was invented primarily to obtain the 12th he seems to have done what he could the release of Chow Kwan by his friend Lam to meet his creditors. As to whether he has Tang, and, being successful in this, they were met them in a proper way is quite another now endeavouring to obtain the money.
matter. That matter will be discussed here- after. He may have been endeavouring to promote the interests of one set of creditora rather than another. But that does not affect, in any way, the application for the prisoner's release. The only case is one of mere presump- tion, and this man must be immediately dis- obarged, with all the costs incurred up to the present time. In future, I cannot accept affidavits merely made by compradores in this matter. There must be some statement that the declarations or affidavits are made with the authority of their principals. It may be that the principals would not be able to say that they, themselves, believe that the debtor is about to abscond; but the Court must have some warrant for believing the statements of the compradores, and that can best be achieved by a statement that the principals themselves believe the statements of their compradores and believe that the application should be made. Mr. Bowley has made special application that the debtor should not be discharged without security. I cannot grant that application. It is perfectly true that discharge from arrest may not be usually ordered without security, but that is where the grounds of the original arrest were proper. In this case they were absolutely improper.
The case was adjourned, it now remaining for Mr. Ferrers to close his case for the claimants, and Mr. Pollock, in conclusion, to again address the Court for the plaintiff.
Saturday, 24th June.
IN ORIGINAL JURISDICTION.
BEFORE MR. F. T. PIGGOTT (CHIEF JUSTICE).
QUESTION OF OWNERSHIP. The hearing of the issue reported on Satur- His Lordship said he, as day was concluded. a juryman, would much rather not have to decide the issue, which to him appeared a very difficult question. If by mutual consent of the parties, however, he communicated with the French authorities at Saigon to obtain answers to certain questions, to find out whether there were really the persons there represented in the letters produced by Lam Tung, the plaintiff, there would be no difficulty in arriving at a correct decis n, for the answers would be conclusive. At the same time if either party objected he would give judgment without prejudice on the facts before the Court.
Mr. H. N. Ferrers, appearing for the Nam Loong firm, the claimants, consented, but Mr. H. E. Pollock, K. C., appearing for Lam Tung, the plaintiff, objected on the grounds that the Nam Loong firm held a very strong position in Saigon.
Judgment was reserved.
IN BANKRUPTCY.
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CANTON NOTES.
[FROM THE “CHUNG NGỌI SẢN PO
BUSINESS DEVELOPMENT.
It is reported that a certain foreign merchant has purchased a large site, measuring over one
Mr. R. A. Harding appared for the plaintiff. BEFORE MR. F. T PIGGOTT (CHIEF JUSTICE). hundred mau, in Hong Lok village, in Honan, The defendant, who was absent, was not represented.
Mr. Harding stated that the defendant pro- mised to pay the amount, but had failed to keep his promise.
His Honour gave judgmeat for the amount claimed with costs.
Friday, 23rd June.
IN ORIGINAL JURISDICTION.
BIFOR MR. F T. PIGGOTT (CHIEF JUSTICE).
QUESTION OF OWNERSHIP.
The hearing of the following issue, which first came before the Chief Justice on the 16th
instant, was continned :-
"Whether either of them, the said Lem Tang and the Nam Loong firm, and if so, which is or are entitled to a sum of $2,600 ob'sined by the
RE LAI YIN OF THE CHING HOP FIRM,
Mr. P. W. Goldring applied for the release of Lai Yin, a partner in the Ching Hop firm, in bankruptcy. Mr. F. B. L. Bowley opposed the application..
After hearing argument on both sides His Lordship summed up as follows:-Application was made teme late on the evening of the 15th, immediately after the filing of this petition, for The statement the arrest of both partners made, and the statement on which I naturally acted, was that on or about the 8th June the (hing Hop firm informed their creditors that they were unable to pay their debts in full. On the following day the business was closed and the partners of the firm have since been in hiding. There was then a general statement, without any special reference to the facts, that the two partners were in hiding in Hongkong and about to abscond. It appears quite clear from the affidavits that between the 8th, 9th,
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Canton, for the purpose of constructing godowns and houses of foreign style. Recently a large matshed has been built there, and building materials are being daily conveyed thither. It is also said that a stream will be opened down to the river for the navigation of small boats to carry goods to and fro.
THE CANTON-HANKOW DREAM-RAILWAY.
With reference to the question of regaining the rights and privilege of the construction of the Canton and Hankow railways, talegram after telegram has been sent by the gentry and merchants of the provinces of Kwangtung, Hupeh, and Hunan to the Peking Government asking the latter to exert their utmost to effect the cancellation of the concession. An Imperial elict has been issued ordering Viceroy Chang- Chih-tung to consult with the Chinese Minister in Washington to make all arrangements with It is now reported the American syndicate. that the Chinese Minister in Washington, has lately sent a private telegram to Viceroy
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