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His Lordship-Oh it is paid in advance. This receipt produced by the defendant is dated 31st July and is for the month of August. I thought it was for July.
Defendant, when asked what he had to say, denied that he owed the money and said that according to French custom the last receipt was all that he required to produce,
His Lordship-Tell him he must do it socording to the English custom,
Mr. Grist-I take it he alleges he has paid the money.
His Lordship-Ask him if he has paid for July,
Defendant replied in the affirmative.
His Lordship-When ?
Interpreter-He does not remember the date. Mr. Grist stated that the two receipta were typed by plaintiff on one piece of paper and they were handed to his wife for her to collect the money. She handed the wrong receipt to defendant who only paid for one month.
Plaintiff and his wife in the witness box supported the statement of Mr. Grist, and defendant on oath declared that he did not owe the money.
Bis Lordship-I am perfectly certain the lady gave him the wrong receipt. Judgment will be for plaintiff with costs. lf defendant is speaking the truth he will have to pay twice.
Wednesday, 2nd October.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. W18E (ACTING CHIEF JUSTICE).
A COMPLICATED CASE.
Chan Tung Yeuk sued Li Pak, alias Li Ki Tong and the Yik Lung Bank for $1,000 being money deposited with the defendants by the plaintiff. Mr. E. J. Grist appeared for the plaintiff and Mr. G. K. Ball Brutton for Li Pak. There was a second action by Lan Chu Pin against the same defendants for $271.21 in which Mr. R. F. C. Master acted for the plaintiff.
His Honour remarked that he had refused an order to issue a writ against Li Pak as a partner because he had already decided about a dozen actions in which he had held that he was a partner and Li Pak had not appealed although he had had plenty of time in which to do so. Therefore he was not going to hear those actions. The proper way was to appeal against the judgment. There was one point which seemed peculiar. That was that the solicitors for the plaintiffs after obtaining a judgment against hiu applied afterwards to have it set aside.
Mr. Bratton explained that was because the plaintiffs had wrongfully obtained judgment and they wished to right matters.
Judgment in both cases was given against the bank.
Thursday, October 3rd.
IN SUMMARY JURISDICTION.
BEFORE ME. A. G. WISE (ACTING CHIEF JUSTICE).
A CROSS ACTION.
Wong Kam Po proceeded against the Kwong Cheung Loong firm, of 150 Portland Street, Mongkok for $173-50, $73-50 being for damage done to the steam launch "Gertie" and $100 for loss sustained by the plaintiff by reason of the said damage. The Kwong Cheung firm counter-claimed for $241-72 for work and materials supplied to the "Gertie." Mr. Dixon of Messrs. Hastings and Hastings, appeared for the Kwong Cheung Loong and Mr Otto Kong Sing for Wong Kam Po.
Mr. Dixon stated that in 1905 defendant had a number of parts of machinery which were suitable for making an engine for a steam launch. He took the pieces to the plaintiff's shop and asked that they be turned down, and $50 was agreed to as the price for this work. At the end of 1906 he bought the hull of a steam launch and asked plaintiffs to fit the parts and supply new parts so as to complete an engine for a steam launch. No price was agreed to as it was difficult to say exactly what was required. Plaintiff proceeded with
THE HONGKONG WEEKLY PRESS. AND
the work and fitted the engine to the launch. I The defendant paid $70 and 8214.72 was still due. With regard to the counterclaim it included an amount for changing steel tubes for the boiler. That must be a mistake as his clients never had anything to do with a boiler and never had it on their premises,
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His Lordship gave judgment for the Kwong Cheung Loong Arm in one action for $137.65 and against the firm in the other for $128,50.
ADSETTS.
AGAIN REMANDED,
There was a greater attendance of Europeans at the Police Court on September 30th thau has been the case for some considerable time, and long before the Magistrate took his seat all the available sitting accommodation W88 occupied; in fact, had the public not beeu requested to go to the rear of the Court there
would have been no seats for solicitors or reporters. All appeared anxious to see the prisoner, and it was not long before he walked with a firm s'ep into the dock, and stood quiet- ly in a corner, apparently unconscious of the number of eyes which gazed upon him. He entered the Court without collar or tie, but these were handed to him by Detective-Sergeant Sullivan and he put them on, taking his stand in the centre of the dock as Mr. C. D. Melbourne took his seat on the bench.
Mr. Morrell (Crown Solicitor) informed his Worship that Mr. R. Harding had been assigned a brief by the Government for the defence, subject to his costs being agreed. He did not know whether snch costs had been agreed, and suggested a short adjournment.
Mr. Harding-I would like a short adjourn. ment, your Worship.
His Worship-Will you be ready to go on to-morrow?
Mr. Morrell-Yes, your Worship.
His Worship-I'm sorry you didu't lat me kuow before, Mr. Harding, because we have
wasted a whole afternoon.
Mr. Morrell-I did not know a solicitor had been engaged for the defence.
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[October 5, 1907.
the house, and those nine bottles of wine were drank by the mistress of the brothel, the sccused and Gertrude Dayton, the victim. Mr. Morrell would prove that although they ordered nine bottles they did not absolutely drink nine, but nine half glasses osob. The custom in these houses was that a bottle was ordered and glasses provided for as many people as were in the room, which in this instance was three. The wine was then tipped into the glasses, but as it was fizzing the while they only half filled. The accused and Gertrude Dayton were in this house till about midnight, and during this time they had the nine bottles of wine, which sa stated amounted in all to about nine half glasses to each person. The mistress of the house stated that the woman was the worse for liquor, but the man was not. The woman introduced the man with her as Jones, the name under which he registered in the hotel, and tried to borrow money in the house on some Post Office Orders which would be produced before the Court. There were fourteen orders of $100 gold each. The man was carrying them at the time, and the woman asked him to produce them to the mistress of the brothel.
produced man
them and handed them to the woman, who counted them over on her lap. They did not, however, succeed in raising any money on them. Then they left the house and proceeded to another brothel at 18, Hollywood Road. They were there until between two and three o'clock in the morning, and there bad another two bottles of wine which they consumed on the same principle as the wine consumed in No. 12.
The
His Worship-Did all this happen on the 3rd ?
Mr. Morrell-On the 3rd they want to No. 12. but by the time they got to No. 18 it was the early morning of the 4th.
Proceeding, Mr. Morrell said the two left No 18 after stating that they were staying at the Hongkong Hotel. The woman gave the mis- tress of the house the number of her room, but the latter could not remember it. How.
At
ever, they left there and returned to the hotel, and presumably arrived about 3.30am. Then it was not known what happened, but presumably the crime was committed between His Worship-The case is remanded.
the time of their arrival and eight o'olook There W&S another exceptionally large in the morning. The evidence was purely inasmuch attendance of Europeans at the Magistracy circumstantial as to the crime, on October 1st. when William Hall *8 no опе was actually an eye witness. Adsetts was indicted on the charge of murdering | Bat in a case of murder with malice afore- Gertrude Dayton on August 4th. The trial thought there was very rarely an eye witness came on before Mr. C. D. Melbourne, who to the orime, because a man when he planned bad with him on the bench Mr. Amos P to commit murder did not ask his relatives Wilder, the American Consul-General.
and friends to be present. He generally Mr. G. E.
At six Morrell. (Crown Solicitor) did it as secretly as he could. prosecuted, and Mr. R. Harding appeared o'clock on the same morning the accused went for the accused.
to Wanchai and bought a sandalwood box, and Mr. Morrell, in opening, said the accused he would be identified by the shopman who stood charged with the wilful murder of one,
sold it to him. Whether he had committed Gertrude Davton, on the 4th August, at the the crime when he bought that box, or
ho was Hongkong Hotel. The murder took place whether
then thinking of it, under the most revolting and cold-blooded
was unknowo, but the fact remained that circumstances. The body was found packed in at 6 a.m. he bought a sandalwood trunk a saratoga trunk on the s.s. Monteagle in the which was afterwards found at the hotel. harbour on August 7th. The story for the about eight o'clock next morning he came out prosecution would show the movements of the no- of his room and asked for two coolies. They cused from the time he left Manila on orabout thec me, and be told them to move a saratoga 1st of August, until the time he left this Colony trunk-which was afterwards found on the on August 5th. The victim of the murder was
Montea le with the victim inside-to the lift a woman named Gertrude Davton, who belonged of the hotel. They took it to the lift and it was to the unfortunate class in Mauils. It appeared taken down by the lift boy. On arrival in the that the sccused made her acquaintance some
hall below accused went to a counter clerk and months previous to the crime, and was acquainted borrowed $10, for which he signed a shit. Then with her for at least two months in Manila, beasked the counter clerk to call in outside ooolfee On July 31st. or August 1st, the accused left to carry the trunk. They were sent for and Manila in company with Gertrude Dayton by two came, and were told by accused to take the 8.8. Eastern, bound for this Colony. The the trank. Accused got in a ricsha and went Eastern arrived here on August 3rd, and was met by the Hongkong Hotel launch with the Hotel runner on board; and he would give evid. ence that amongst others he brought off from the Eastern were two passengers travelling under the names of Mr. & Mrs. W. H. Jones. He took them in bis launch to the Preys, and from the Praya to the Hongkong Hotel, and there they registered and were given a room-room No. 184. They apparently went up to the room, and nothing extraordinary happened then. They dined at the hotel, and afterwards went away to a brothel at 52, Hollywood Road, which was commonly known as No. 12. They were there for some considerable time, and the woman ordered nine bottles of wine while she
in
with it to the offoe of Messrs. Butterfield and Swire. Arrived there he entered the office and told Mr. Kent he wanted the trunk book. ed to Hoihow by the s.s. Sungari. Papers were issued for the booking of the trunk to Hoihow, and the question arose as to the address on it, which was simply A. H. Jacka, Hoihow. Mr. Kent asked how it was to be delivered, and the accused mid it was to be left till called for, as the addressee was travel. ling in the neighbourhood of Hoihow and would call for it. Then the secused went sway, and returned an hour or two afterwards, saying that he had altered his mind as to the trunk. He would have it consigned to. Sydner, would be more souvenient: Mr. Kent
I