136
Tuesday, August 18th.
IN CRIMINAL JURISDICTION.
BEFORE MR. H. H. J. GOMPERTZ (ACTING PUISNE JUDGE).
ALLEGED ATTEMPTED MURDER,
Sheang Tsa Hing was arraigned on three counts charging him with cutting and wound. ing, attempting to do grievous bodily harm and with attempted murder. The Attorney-General (Hon. Mr. Rees Davies, K.C.), instructed by Mr. Bowley, Crown Solicitor, who was assisted by Mr. Dixon from the office of Messrs. Hastings and Hastings, appeared in support of the prosecution, while prisoner was defended by Sir Henry Berkeley, K.C., instructed by Mr. Sergeant of Messrs. Wilkinson and Grist. The jury was empanelled as under: Messrs. J. M. Ramsay. E. J. Da Silva Lareiro, E Lahring, C. A. More, W. F. Brewer, F Pestonji, J. J. Stubbing.
stolen some money.
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THE HONGKONG WEEKLY PRESS AND
death he had appropriated to his own use, or lost, or become secretly indebted to the plaintiffs in the sum of $346.045.65, money drawn from the head office at Shanghai for the purpose of being used as capital for the Tientsin branch but subsequently appropriated.
The defence was a denial of any guarantee given by defendant to plaintiffs in consideration of their employing his brother, and a refusal to admit that Leang King Wo had become indebted to the plaintiffs while he was in their employ. The plaintiffs were not entitled under the guarantee to recover from the defendant any sum whatever.
Mr. Pollook, in his opening statement, said that Leung King Wo, now dead, brother of the defendant, had been appointed in August, 1897, sole manager of the plaintiff's branch at Tientsin a position which he held until June, 190, when the Boxer trouble broke out. In consequence of this Leung King Wo and his staff had to stop business. Leung King Wo left Tientsin and shortly afterwards be became ill and died in the following month of August, and prior to the resumption of business in Tientsin. Before going into what was discovered by the back after his death, counsel thought it advisable to point out a few facts in connection with the appointment of the deceased manager. Perhaps the most important was that the Bank required from Leung King Wo some security, and the gdarantee bond. defendant entered into a Another circumstance worthy of mention was that before he proceeded to fientsin Leung King Wo was handed over aj sam of 54,000 Shanghai taels to be use as working capital in the branch at Tientsin. There could be no doubt that he received the money as it figured in
the accounts. From the returns which be
furnished it appeared that there was a slight profit on the working of the branch and so this sum should naturally have remained intact at
the time of the Boxer trouble. Another fact
The Attorney General, in opening, stated that the prosecutor was manager of the Po Can firm, 127 Jervois Street, in which firm prisoner had formerly been employed, but had been dismissed in May last on suspicion of having On the 25th June he returned to the shop and asked to be reinstated, but this the manager declined to do. However, he allowed him to sleep on the premises, at the same time giving notice that prisoner was not to be allowed near the counter. This annoyed prisoner who declared to another man that he would get the Po Can into trouble next day, Everybody in the place went to bed about 11 o'clock and above five in the morning the prosecutor was awakened by a blow on the face, and on looking up saw the prisoner standing over him with a chopper in his hand. Prisoner dealt him a second blow at which the manager called ont save life" and the accountant cam- downstairs. As he approached he asked prisoner which should not be overlooked was that before what was the matter and he replied "nothing he went to Tientsin he received certain obops to mucb," following up this remark with assault be used in the conduct of the business of the ing the sccountant and inflicting several severe Bank. These ore the name of the Bank in wounds upon him. The other men came to Chinese-characters. Leung King Wo, howeter,
bad another Bet made He was their assistance and prisoner fled. pursued and, finding it difficult to elude those there, bearing the same characters, and the
used these for who were after him, he jumped into the suggestion was that be
and for transaction water. He was rescued by a sampan man and bis private purpose,
not included in the handed over to the police. His defence was that of business which was
returns he had been ass. alted by both men.
to the head office, at Shanghai. Evidence was called, and the case adjourned.
Subsequent to the death of the manager the books were examined. It was found that two sets of books had been kept one called the Bank account books, on which the returns to the head office had been made, and the other called the secret account books dealing with transactions not to be reported to the head office. Counsel then entered into the explanation of the various items in detail, after which evidence taken on commission was read.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
AN ECHO OF THE BOXER TROUBLES,
A case of unusual importance was opened in which the Imperial Bank of Chins, which formerly had an office in Hongkong, were the plaintiffs, and Leung Shui Kong was the defendant. The sum involved was particularly large, amounting to well over $300,000. The plaintiffs claimed $346,045.65 as money due and compound interest at a rate of eight per cent at half yearly rates upon the various items com. posing the claim.
alter he went
The hearing was adjourned.
Wednesday, August 19th.
BEFORE MR. H. H. J. GoмPERTZ (ACTING PUISNE JUDGE).
IN CRIMINAL JURISDICTION.
ALLEGED ATTEMPTED MURDER,
Was
The Hon. Mr. Pollock, K.C., instructed by Mr. Gedge, of Messrs Johnson, Stokes and Master, appeared for the plaintiffs, and defen- dant was represented by Mr. Slade, instructed by The hearing of the charges against Sheung Mr. F. P. Hett, of Messrs. Brutton and Hett. Taz Hing for attempt to murder, and attempt to Sir The statement of claim was to the effect that do grievous bodily harm was concluded. plaintiffs had been carrying on basiness in Henry Berkeley for the defence sought to show Tientsin, as well as at other places, since 1897. that the defendant attacked by the and the defendant was compradore to the Pacific manager of the shop and the accountant, Railway Company and resided in Glenealy, who wished to get rid of him and that he Road, Hongkong. In consideration of the wounded them in self-defence, defendant having given his written guarantee The jury after a short absence returned a to the plaintiffs in August 1897 to the plaintiffs verdict of guilty on the third count, intent to that he would be responsible for the proper do grievous bodily harm, and his Lordship performance by Leung King Wo of his duties sentenced him to five years' penal servitude. as manager of the plaintiff's office at Tientsin and for the payment of any sums to the Cheung Kai, alias Cheung Kam Sing, was plaintiffs which might be due to them by indicted on three charges, of forgery, offering the said Leung King Wo, they appointed and uttering a forged document, and obtaining him the manager of their branch at Tientsin money on a forged document. The Attorney-
Rees Davies, from August 1897 till June 1900, when the out- General (Hon. Me
K.C.), break of the Boxer trouble compelled a tem- instructed by Mr. Dennys, from the Crown porary cessation of the business there. Leung Solicitor's office, appeared to prosecute, prisoner King Wo, however, died at Shanghai before being undefended. the plaintiffs' business could be resumed, and it The following jury was empanelled: Messrs was subsequently ascertained that prior to his T, W. Robertson, W. L Leask, A. H,
FORGERY.
(August 22, 1908. Mahomed, J. Topping, T. Young, G. H. Saunders, P. A. A. Kunze.
The Attorney-General said the prisoner was at one time employed on the steamer “Minne- sota." He was known to the prosecutor Wong Chui Wo, a money changer in Wing Lok Street, and on April 14th he called at prosecutor's shop and said the Tung Kui ärm wanted to borrow $1,200. Prosecutor said he did not know the firm,
W&A
but if prisoner said the firm satisfactory he would advance the money. Two days later he went to the Tung Kui and saw a man named Kwok Mo Kwai, whom prisoner said was the firm's compradore. Negotiations took place, and the prosecutor drew up a promissory note and handed it to the prisoner who signed it and Kwok Mo Kwai shopped it. The money was handed over to prisoner. Subsequently prosecutor went to the shop and asked for Kwok Mo Kwal but was told he was not there. He then demanded payment of his money but was refused On July 4th he met prisoner in the Central Market and on saking him for his money prisoner Fan away but was caught and taken into custody, The chop was a forgery and the whereabouts of the alleged compradore could not be traced,
Evidence was called. The principal of the a Frenchman, denied all Tung-Kai frm, knowledge of the transaction, and, declared he had never before seen the document prodaood.
Prisoner called no witnesses but stated he could not understand why prosator should have leut him 81,200.
The jury returned a verdict of guilty on all three counts and recommended him to leniency as it was probable he was a tool of the other man and probably got little or nothing out of the transaction.
His Lordship passed sentence of four years' imprisonment.
Thursday, 20th August.
IN SUMMARY JURISDICTION,
BEFORE MR. H. H. J. GOMPERTZ, (ACTING PUISNE JUDGR).
CONSENTED TO JUDGMENT. In the notion by Tang Lin against Wo Hop Tang Kee for $413 balance due on a promisory note, Mr. Morrell, who appeared for defendant, consented to judgment, pending an application for a receiving order as the debtor had filed his petition in bankraptey.
ALLEGED FALSE DÉCLARATION.
The trial of Lam Kiu, a Chinese woman, on a charge of making a false declaration before the Supreme Court, was opened before Mr. J. R. the Magistracy on August 20th, Wood at when Mr. F. B. L. Bowley, Crown Solicitor, appeared to prosecute.
Li Hoa Me, chief interp eter at the Sa- preme Court, said it was part of his duty to fill up papers re the administration of estates under a small sum, The exhibits produced were in his hand writing. He first saw the petitioner at the Registry, and after being told what he wanted took him to see the Registrar, Mr. Seth, who directed witness to fill up the necessary papers. The information for the petition, witness obtained from the petitioner, and the declaration from a woman, but he could not say whether defendant was the declarant. Witness explained to the woman why the declaration was required, and she appeared to After thoroughly understand what was said, the papers were filed up they were handed to Mr. Mackie to interpret so that there should be no mistake.
His Worship-Is it part of your daty to certify that you believe certain documents to
be true?
Witness-No, and this is the first I remember having sigued, saying I be ieved the contents to be true.
Farther evidence was heard, sad the osse adjourned.
With regard to Sven Fledin it is sugges'ed to account for the continuod absence of all news that he may have furred north-eastwards in his
journey to Kuotan and have made for Western China. In that case the first news of him may come from Peking.