Į
428
August 3rd has now very little basis, and we must consult our clients with regard to the new scheme." Mr. Almada wrote "I cannot express whether or not it is my client's intention to proceed with the motion calling on the Trustee to convene a meeting of creditors."
His Lordship-That motion was to consider the second scheme?
Mr. Looker-Yes.
His Lordship-Well, I gather that motion would fall supposing the debtor desired the first scheme to be considered.
Mr. Looker-es; but apparently he does not now. Neither the debtor nor creditors desire the first scheme to be further considered. It seems at present that there would be no object in calling the second meeting to consider the first scheme.
Mr. Slade That's all right; we don't want any meeting called.
|
THE HONGKONG WEEKLY PRESS AND
Mr. Looker said the Trustee also wanted information regarding certain of the debtor's property. He was not quite clear as to the effect of his Lordship's decision with regard to Ho Tang's securities, as they understood that Ho Tung, having attached the properties under an execution, was entitled to the benefit of his execution; that was to say, was entitled to exercise all those rights contained in the provisions of the Code. After he had exercised those remedies, if there was anything over at all it presumably went to the Trastes of the estate. What the Trustee wished to know was whether Ho Tung was not entitled to exercise against those attached properties those rights which the Code provided. There was $1,126.0 now in the hands of the Trustee, being the balance of rents received from Kowloon property. Was the Trustee to apply it in repayment of the amount ad anced out of the mouies of the estate to pay
the back int-rest to avoid the Bale ? If he did there would be & small balance over. Regarding such balance, was he to apply it in payment of money put up by debtor's brother, or was he entitled to keep it as mouey belonging to the bankrupt estate as against Ho Tung and the Mortgagees ? There was the further point regarding the position in connection with future rents. Was the Trustee to go on collecting them? There was the Elgin Street property in which the Official Receiver and rustee between them had received $456 out of which 14 had been paid away, leaving a balance in hand of $142. Was the Trustee entitled to keep that for the estate, or was Ho Tung entitled to it?
HLrdship-Subject to what Mr. Slade may say, I should have thought the question resolved itself into this: that from the moment the execution was completed, Ho Tang's rights were the rights of a judgment oreditor.
Mr. Slade The position your Lordship has stated is perfectly accurate, but the que8- tion is, what are the rights of a judgment creditor who has not eff. o:ed his judgment.
His Lordship-I don't think that is a ques- tion for the Bankruptcy Court.
Mr. Slade-Quits right; but the Trustee baving the money should keep it until someone claims it.
Mr. Looker-Assuming Ho Tang never applies for those rents, is the Trustee entitled to keep them P
Ma Slade - It is perfectly clear that Ho Tung has no right to those rents,
His Lordship-I don't admit it is clear. I think the Trustee should keep the money in suspense account until Ho Tung moves,
|
advise the Trustee to deal with the matter with- out having the question argued. If that was done the creditors would know nothing about it. | No one would know only the Trustee and the firm representing the two litigants.
His Lordship-That is a matter for Messrs Deacon, Looker and Deacon to consider.
Mr. Looker-My friend is very unfortunate in his experience of the profession. He has jumped to the conclusion that if a question | arose batween Mr. Lowe and Mr. Ho Tang, that we should advise one to the prejudice of the other. If such a question arose, we should say to one or the other, you must go somewhere else.
|
Mr. Slade-If I said anything reflecting on Messrs. Deacon, Looker and Desoon, I should immediately withdraw it, because I know they always act with the utmost fairness,
His Lordship-I don't think I can express an opinion on the matter.
The claim of Chan On-ping was then brought before his Lordship, and consideration of sam had not concluded when the Court adjourned.
IN CRIMINAL JURISDICTION.
BEFORE MR. A. G. Wiss (PUISNE JUDGE),
MURDER.
Wong Kin was arraigned on the charge of feloniously, wilfully and with malice afore. thought killing and murdering one, Au Young cheung at Kowloon on November 11th.
Hon. Mr. H.H.J.Gomper z, Attorney-General instructed by Mr. F. B. L. Howley (Crown Solicitor), prosecuted, and Mr. H. G. Calthrop, instructed by Mr. F. C. Barlow (of Messrs. Goldring and Barlow) appeared for accused.
Mr. Calthrop applied for an adjournment on the ground that he had received instructions to defend only the prerious afternoon. It was absolutely impossible under the circumstances that he could go on with the case with any satisfaction to himsel'. He was told the o18-
was
to come on first for
the con-
venience of the Court, but thought that in a case of life and death his application for sa adjournment should certainly be granted,
His Lordship-I don't know anything about the original fixings. All I know is that I was asked to take this case to-day. Under the circums'anoes I must ask you to go on and defend the prisoner.
Mr. Calihrop--But your Lordship ses the position I am in.
tao
His Lordship-I have only seen the deposi- tions as you have, but should think a minutes' perusal would suffice. We had better go on, and if anything crops up I can adjourn the case.
Mr. Calthrop I would ask your Lordship to adjourn it now.
His Lordship--No; I won't.
Asked to plead, prisoner denied the charge and the following jurors were empanelled ;- Messra. A. S. Tuxford (foreman), R. Look, J. M. Ramsay, E. T. M. Marcenaro, E. H. Ray 8. G. Pepper and E. R. Jordan.
|
[December 24, 1906.
the opportunity of being defended, and it had been the practice here to give the solicitor instructed, and the counsel, som v opportunity to make themselves thoroughly acquainted with the case they had to defend before the jury. As the jury had already heard, he had bad no opportunity to go into the case until late last night (Monday), and the following morning. The prisoner was committed for trial three weeks ago and the Crown had had every opportunity to put the oss before the counsel who Was to defend him, but they had done nothing of the sort. They thought it more advisable, in the interests of justice to put it in the hands of a counsel entirely unprepared.
|
r. Gomperis-Your Lordship. I object, His Lordship-A'l right; yọn can talk to the jury.
Mr. Calthrop, cɔntinuing, told the jury that that was the way in which the law wat administered here. For the convenience of the Court the case was heard, but it would have been more convenient had the aɔunsel repres‹ut- ing the prisoner had an opportunity of knowing what case he had to present for the defence. He asked them to seriously consider and weigh, this case with great gravity. The man had the opportunity of being defended by sunoe, but what was the use of supplying him with a counsel if that counsel had not bad the opportunity of getting his case up. He asked for an aljuroment. He asked for a privilege which he thought would have been accorded him-an opportunity to get up his C&39. But his Lordship thought it that the case should be brought on at once, and that he (counsel) should not have that opportunity. He asked the jury to consider the drawbacks of the defence and use their condemnation of what he called the bid principle of dragging cases on in a way that left absolutely no opportunity what- ever for a proper defence
Mr. Gompertz stated that Court and jury had listened to a very impassioned address from his learned friend. But it was not fair to say that the Crown attended with the object of taking the defence by surpri-e, and to bring the case before they were ready. There were four cases in the present sessions, and the witnesses in every one were present. It was entirely at the discretion of his Lordship which case he would have called on.
His Lordship then directed the jury who afterwards retired to consider their verdict. Twelve minutes elapsed before they returned into 'ourt, and then the foreman announced that six jurymen found the prisoner guilty and one not guilty,
His Lord hip said he could not socipt the ver lict and ordere l them to retire again. After a further consultation they returned into Court, the aasnimous verdict this time being "guilty."
Asked if he had any statement to make the prisoner said :-"It is a false charge."
His Lordship-The jury have come to the conclusion that you are guilty of the crime you are charged with, and I have not the slightest hesitation in saying that I don't see how they could come to any other conclusion. It seems
to
me that the evidence is about the clearest evidence ever produced against a prisoner in a murder charge. His Lordship then donned the black cap and passed sentence of death, concluding his impressive remarks with the usual "May the Lord have mercy on your soul.
34
The Attorney General in outlining the case stated that accused was formerly employed in the Wing Loi pork shop of 5 Elgin Road Kowloon, from which he had been dismissed some five months ago. On November 10th, about 9 p.m., he went to the shop with another man and asked to be allowed to sleep there that night. This was a very common practice among Chinese, and accused and his friend were allowed to sleep on the premises. Early next morning a salesman in the shop heard a cry from the accountant who was subsequently murdered, and got up. As soon as he was out of bed accused rushed him with a chopper cutting him on the head, cheek and thigh. The two men then closed, and anndian who was attracted by the quarrel separated them. Accused then ran out of the BEFORE M. A G WISE (POISNE JUDE() shop bat was captured by another Iudiao watchman who han ed him over to the police. The other man who was with accused was pursued by an Indian and a constable, bat in the darkness of the early hours effected his
Mr. Slade The only people interested and likely to prevent the Trustee from paying over this money are either some independent solicitor or the creditors, and if the Trustee goes to the same solicitor as Ho Tung, it is not likely that he will get sound advice. I know perfectly well that Messrs. Deacon, Looker and Deacon do what they can to see justice properly administered, but to be working in adverse interests is a very unlucky position. The creditors are very anxious that the Trus'ee should not pay over this money to Ho Tung They say that if Messrs. Deacon, Looker and Evidence was then called, after which Deacon as representing Ho Tung, make a Mr. Calthrop addressed the jury. He told claim on Messrs. Deacon, Looker and Deacon them he had been engaged in several murder as representing the Trustee, then perhaps cases in this Colony and had always had soms
It was the practice tha they may not come to a sound decision | time to get up his case. in point of law, and nay
possibly every man charged with murder should hav
a cape.
Thursday, Decembər 20th.
IN SUMMARY JURISDICTION.
BAD SERVICE.
Ua Kwong and Un Le sud Fung Shan-nam sad the K ron; Fak Cheong firm to recover $300, money deposito i under■ Chinese contract and $100 for breach of con'rhot.
Mr. Daniels (of Mesir Johnson, Stokes and Master) appeared for plaintiffs, and Mr. F. X. d' Almada e Castro for the persons served with the writ, the Kwong Fgk Cheong
Sing Kee & Co.
His Lordship—But the writ has been amended.
'