September 23, 1905.1
SUPREME COURT.
Monday 18th September.
CHINA OVERLAND TRADE REFORT.
213
His Lordship-The case must go on. The defendant has had heaps of time to see the account. Besides, it is getting very close to the vacation.
apparently got the better of Lo On, who, | does not even admit that he has paid the instead of going on to see his uncle, turned amount credited him. aside to see what the prisoner had to show. As soon as he got within proper distance of the prisoner he was attacked, knocked down, badly used, made unconscious and robbed of a watch and other property. When he regained con- BEFORE MR. A. G. WISE (PUISNE JUDGE). Sciousness he found himself lying in a ravine
-IN CRIMINAL JURISDICTION.
FORGING A WILL.
Lai Sui Shi was charged with forging the will of Li Tai Hing, deceased, on the 10th July.
In this, as in the following cases, the Attorney-General, Sir H. S. Berkeley, K.C.. instructed by Mr. Morrell, of the Crowa Solicitor's office, prosecuted.
When asked to plead, prisoner said that on the day the will was presented she knew it was a forgery, but she forged it at the instiga ion of a man named Ah Hong.
His Lordship (to the court interpreter)-- Ask her if she has anything to say why sentence should not be passed on her.
t
Prisoner I had nothing to eat; neither did the other wife.
His Lordship-But the other wife gave evidence against you.
Prisoner My husband died sometime in the first moon, and Lau Won Luk took possession of his business.:
His Lordship (to the Attorney-General)-Did she get any money out of court?
The Attorney-General-She got nothing; the complaining concubine says deceased left a
lot of bad debts.
His Lordship-I should think she was put up to this by somebody; I don't think she would do it herself, (To the interpreter) Tell her that for what she has done she is liable to be imprisoned for life with hard labour.
Prisoner-Somebody taught me to do it. His Lordship-The procedure of the court cannot be upset by people taking out probate on forged wills. The accused will go to prison for three months' without hard labour.
•
MANSLAUGHTER,
Lam Pai was indicted on the charge of killing and slaying one, Choi Kwong, at West Point on the 18th August
Prisoner admitted the charge, but said be did not intend to kill the deceased. He asked bis Lordship not to piss a heavy sentence,
His Lordship--Relate the facts of the case. Prisoner-Deceased threw a stone at me, which struck me on the eye. Then I struck him, giving him four or five blows. That is all I have to say.
His Lordship-The story the prioner told before coincides with the evidence given. It appears he and the deceased had a quarrel, and that deceased strack him first. He then
retaliated in such a manner that deceased
died as a consequence of his injuries. I thoroughly understand there had been no previous quarrel. It was a sudden one, and prisoner used his fist only as a weapon. I also understand that deceased suffered from an enlarged spleen which rendered it very easy to ruptura. These are all the c'rcumstances I need take into consideration.
Addressing the interpreter, his Lordship said-Tell the prisoner the policy of the law is that one man cannot take another man's life except under provocation which is so serious that it makes the homicide justifiable; or under circumstances which I might almost call privileged. None of these conditions present in this case. Prisoner went too far and must suffer the penalty. Four months' imprisonment with hard labour.
ROBBERY WITH VIOLENCE.
are
Kung Fat was charged with that on the 14th August, at Gun Club Hill, Kowloon, he feloniously did assault and rob one, Lo On, of a watch, silver chain and umbrella.
Prisoner pleaded not guilty and the following were empanelled as a jury:-Chan Hewan, E. A. Meirer, F. Hoggard, R. B. Cooper, A. J. Pugh, J. T. Whealy and J. H. Ritchie.
The Attorney-General in informing the jury of the facts of the case stated that on the 14th of last month Lo On was on his way to pay a
|_ Club Hill,⠀⠀⠀ When he
the rifle loa
close by, and that the prisoner had gone. Later in the day prisoner was arrested on another charge, and on being searched a pawn ticket was found in his pocket which led to the di covery of Lo On's watch; and later his umbrella wAS also found.
After bearing the evidence his Lordship gave judgment for the first defendant, who had retired from the partnership, with costs, and judgment against the second defendant with
costs.
Wednesday, 20th September."
IN SUMMARY JURISDICTION.
** WISE (PUISNS JUDGR).
After hearing the evidence the jury returned a verdict of guilty, and bis Lordship, in passing sentence, said the prisoner must be kept from BEFORE ME. Aị G. the community for some time. He would be imprisoned for seven years' with hard labour, and receive 24 strokes of the birch.
1
Tuesday, 19th September.
IN SUMMARY JURISDICTION.
BEFORE ME. A. G. WISE (PUISNE JUDGE).
THE MAN LI WO KEE-V, KUI WO.
The plaintiffs claimed from the defendant the sum of $205.47 balance due for work done,. particulars whereof had been supplied. plaintiffs.
Mr. Otto Kong Sing appeared for the
but the Court Interpreter informed his Lordship that he had paid $130 odd into court, the amount be admitted owing the plaintiffs.
The defendant did not
appear,
His Lordship decided to go on with the case, which Wong Lui Kee was called to prove.
Judgment was given for the plaintiffs with
costs.
+
THE WING CHEONG LI v. TANG KING TSUN
AND ANOTHER.
This was a claim by the plaintiffs from the defendants, as partners in the Ching Wo Bakery, late of No. 5 Peel Street, for the sum of $711.60, balance due by the said bakery to the plaintiffs on an account stated between them: in the alternative the plaintiffs claimed the like sum for the balance of the price of goods bargained and seld by the plaintiffs to the said Ching Wo Bakery.
Mr. R. Harding (of Messrs. Ewens, Harston and Harding) appeared for the plaintiffs, and Mr. C. F. Dixon (of Mr. J. Hasting's office) represented their defendants.
Mr. Dixon applied to his Lordship for a postponement of the trial. He had written to the plaintiffs' solicitor about a fortnight ago for particulars of the account as alleged on the statement of claim, and it was only last Friday that the particulars had been supplied him. He had seen his clients, but they had not had an opportunity of going into the account, which was of a rather complicated nature. Until they had gone into it they were not in a position to defend this action
THE SANG KEB v. THE LAU BIK YING.
The Sang Kee Bank, of No. 171, Queen's Road Central, claimed from the Lau Sik Ying firm, traders, of No. 51, Hollywood Road, the sum of $595, being as to $500 principal money lent, and as to 895 interest thereon at the rate of $1 per $100 per mensem, and due by the defendants under a promissory note dated 13th February.
Mr. C. F. Dixoa (of Mr. John Hastings office) appeared for the plaintiffs, the defendants being unrepresented.
Chu Kau, manager of the Sang Kee Bank, proved the debt, and bis Lordship gave judg ment for the plaintiffs with costs.
THE FOOK TAI CHEONG FIRM V. HO SUI. The plaintiffs, contractors of No. 16, Peel Street, claimed from the defendant the sum of $103.14, being as to $58.14 balance due for work done and material supplied as per secount plaintiffs to the Yik Tai firm for painting and rendered, and as to $45 for money paid by the limewashing done on the defendant's behalf,
and at his request.
Mr. R. F. C. Masler (of Messrs. Johnson, Stokes and Master) appeared for the plaintiffs. The defendant was not represented. $33.63, but claimed a set-off, which, when paid The defendant admitted owing an amount of
would leave a balance due to him.
His Lordship adjourned the case until Friday in order that an examination of the books of the parties to the action might be
made.
CANTON.
(FROM OUR CORRESPONDENT.)
LIBERAL GIFT.
Canton, 15th September: Yu Hung Yan, proprietor of a well-known local dispensary called the Kwong Chi Koon, has sent the following presents to Viceroy Shum for charitable purposes, vis:Of Yu Shing and Kam Lo tea, each, 10,000 small packets, of Yu Yee Yan and Hang Kwan Yan, cach, 10,000 bottles. His Excellency gare orders to the Chief Superintendent of Police to distribute them among the army, military, and naval colleges and the police force. Yesterday the Viceroy sent a tabet to the Kwong Chỉ Koon, through the President of the Chamber of Commerce, bearing these characters
de'ivered. The account seems to be made up will of his forefather.”
Mr. Dixon-The claim is for goods cold and meaning "able to carry out the of a series of gambling speculations between the defendants and the plaintiffs.
His Lordship-May I look at the account? Mr. Harding-Yes my Lord. It is a very on Friday. simple account, and particulars were furnished
The
Mr. Harding-My friend is wrong. olaim is net for goods sold and delivered, but for goods bargained and sold.
His Lordship-Bargained and sold, I don't know what that means.
an
INTRODUCTION OF GIRLS' SCHOOLS. Viceroy Shum has received a telegram from
in Feking saying that granted by the Empress Dowager to audience
official" recommended the establishment of His Excellency Tuan Fong, that “intelligent
the education of girls. The Empress Dowager public schools in all the provinces for was delighted with the novel suggestion and gare. her sanction to the excellent recommendation, Mr. Dixon-Because particulars of the ac- She commanded the Cabinet to sand telegraphio count were not furnished until Friday. His Lordship-And this is Tuesday. Mr. Dixon-Yes. But Saturday afternoon and Sunday were holidays.
Mr. Dixon-Will your Lordship grant my application?
His Lordship-Why ?
His Lordship-But you can work on Sun- days. I work on Sunday, and on the last Sabbath read all my criminal sessions evidence; Mr. Dixon-I saw my friend yesterday and
ama was employed at he declined to grant an adjournment.
was half-way up the hill he saw the prisoner gestionlating to him, , and then heard him shout -“Come up here and see this," Curiosity
His Lordship-What is your objection to going on?
1
Mr. Dixon-My client has not yet had an opportunity of going into this account. He
instructions to the Viceroys of all the provinces to establish beneficial institutions as soon as possible.
CLOSING JAPANESE COFFEE HOUSES. petitioned Viceroy Shum complaining of the Some time ago several of the loosl gentry existence of numerous so-called Japaness coffee shops in the city, which were regarded "as municated with the Japanese Consul of Hong. demoralising agencies. He Excellency .com.
immediately closed. kong and requested him to order them to be The Japanese Consul