March 20, 1909.]
any system of punctilious courtesy or fear to express ourselves frankly to each other and explain our ideas exactly as we think them. We are also honoured this evening by the presence amongst us of a distinguished admiral and many officers of the French navy, whose nation is on terms of cordial friend- ship with our own. It is B nation whose glorious annals are unsurpassed by those of any nation in Europe, whose colonies march with our own in every quarter of the world, whose ideals in the treatment of subject races are identical with our
nation own, a
which I myself have always felt should be our natural friend. Its geographical position is closest to our Own beloved island. It is a nation
which has been foremost in bearing the white
a
CHINA OVERLAND TRADE REPORT.
SUPREME COURT,
Tuesday 16th March.
IN ORIGINAL JURISDICTION.
BEFORE Mr. H. H. J. GOMPERTZ (ACTING PUISne Judge.)
་་
a
The Foo Kat Cheung firm brought two actions against Messrs. Schuldt & Co. In the first plaintiffs claimed $124.05 paid to the defendants as the price of a case of cotton thread which it was alleged plaintiffs failed to deliver. In the second action the plaintiffs claimed $316.34 paid as the price of 20 cases of sardines which it was alleged the defendants failed to deliver Mr. man's burden in Africa and other uncivilised Otto Kong Sing appeared for the plaintiffs and places. We have also with us many Portuguese Mr. Bailey, from the office of Messrshuson, friends. Portugal is an ancier.t ally of Stokes and Master, appeared for the dendants. our Own. It led the van in the expan- Mr. Otto Kong Sing mentioned that his sion eastward by the western nations. Her friend had pleaded the sta ute of limitations, ancient colony of Macao was the first to and in view of that he would ask his Lordship be established in these seas, and I am glad to to allow him leave to amend and to insert in the say it has maintained the traditional friend-writ" balance of the price! In May 1905 the ship with Hongkong which I trust may sum of $390 was deposited with defendant firm ever continue. I am afraid, gentlemen, for cases of cotton to be delivered as they have drifted far from the toast to which I arrived. Cases were delivered at periods of have been called upon to respond, but if I were year, and there was a balance of $97.50 due.
He to treat that toast too literally I should did not think the statute of limitations applied. find it very serious subject. It has There had been deliveries on this deposit up its serious business aspect, and what till 1907. the younger generation would call its serious aspects in sport and pleasure, but we are not here to discuss serious questions. should not, however, omit to remind you that the bulk of the inhabitants of this colony are Chinese. They are & race with whom until the last two years I had not been brought into personal contact. The more I Ree of them the more interesting I find them. They are a race industrious, intelligent and law-abiding, singularly generous in all matters that pertain to the public weal, cour- teous and good mannered, and I should respond to the toast of the colony but lamely if I did not identify them with the welcome we accord to our visitors and our guests. (Applause.) The whole colony therefore join in welcoming our visitors and I, as their spokesman this BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT) evening, venture to hope that our relations will over grow more cordial and mutually beneficial with our neigh- bours in the Philippines, with our neigh bours in Saigon and with our old and closest neighbours at Macao. Before resume
to
I
express my
my seat I would wish grateful thanks,-yet I hardly know how to do it to the gentleman who proposed this toast, and in doing so spoke of me in terms which I assure you I felt ashamed to hear because they were so vastly in advance of my deserts and so forgetful of my faults.-(" No, No.") A short speech of thanks from a Portuguese Naval Officer concluded the formal speech making, the rest of a memorable evening being spent in convivial harmony, songs being con- tributed by Mr Hough, Mr. H. P. White, Mr. Thomas and recitations by many others.
Messrs. William Powell and Company were at the Magistracy on Mar. 12 fined $25 for having failed to stamp a receipt. Mr Dennys pro- secuted. The defence was that it was an accid- ental omission on the part of the compradore.
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Mr. Bailey said these were not the facts. The money was paid in respect of this case and there was no general account. The action was statute barred.
An inquiry was conducted at the Magistracy on Mar. 12 by Mr Kemp sitting as coroner into the circumstance of the death of a Chinese detective who died in the Government Civil Hospital from a revolver shot accidentally received at Santin. It appears that the deceased let his revolver, which was carried in a holster, fall, and as it fell the hammer struck the ground, causing it to discharge. As he was stooping to pick it up at the same time he received the shot in the eye and, as stated, he succumbed to his wound in the hospital. It was stated in the course of the evidence that the Chinese detec-i tives were allowed to carry revolvers but these were not inspected regularly as was the practice in the case of those who carried service revolvers. The jury, in returning a verdict of accidental death, agreed to a recommendation that private revolvers should be inspected as well as the others carried by members of the police force.
His Lordship informed Mr. Otto Kong Sing that he could frame his amendment.
Plaintiff stated that one case was not delivered and though he applied for it he could neither get it, nor the return of the money.
After hearing other evidence his Honour reserved his judgment until the hearing of the second case to-day.
Wednesday, 17th March.
IN BANKRUPTCY JURISDICTION.
ALLEGED CONTEMPT OF COURT.
Re Kwong Yat Cheong. This was an appli- cation for the recission of a receiving order.
was to be paid by monthly instalments of $250. He took in a partner named.Cooper who paid $3000 for his half share. Debtor was manager of the business before he bought it. It was making $800 or $900 a year The business mostly credit. He attributed his insolvency to an assistant having embezzled $3,000 and to other losses in business. At the end of last year he discovered he was insolvent. He could not get any more advances then. He sold most of his wine to the American girls. There was only a small profit on each case His personal expenses were $40, $50 or $100 a month. He occasionally sent money home. It was not a fact that he had lived extravagantly.
Mr. P. M. Hodgson (from the office of Messrs. Ewens and Harston), who appeared on behalf of Messrs. Shewan, Tomes & Co., ques- tioned debtor as to what he had done with the stock for which he had paid $12,000 and which he now estimated at $4,000. Debtor could not explain.
Mr. F. Dixon said it was accounted for by the fact that in the statement of affairs there were $8,000 book debts.
Mr. Grist suggested that the examination should be adjourned.
Mr. F. Dixon asked that the debtor should be adjudicated bankrupt, as the Official Receiver wished to be in a position to dispose of the business as a going concern.
The other parties present consenting, this was agreed to.
•
Thursday, March 18th.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT.)
FORGER SENTENCED TO THREE YEARS” IMPRISONMENT.
Un Lum was charged with uttering three forged notes on the Chartered Bank of India, Australia, and China, each of $10, at Ỹaumati, and also with being in possession of 13 forged notes of the same denomination. Sir Henry Berkeley, K.C., Acting Attorney General, instructed by Mr. H.. Dennys, jr., conducted the prosecution, and prisoner was undefended.
The following jury was empanelled :—Messrs B. Webb (foreman), E. L. Hughes, W. M. G. Weston, F. M. Lane Crawford, G. Rapp, J. D. F. Müller, and H. G. Priedsmann.
Sir Henry Berkeley said it seemed that the
Mr. S. Dixon (from the office of Mr. R. Harding) appeared in support of the applica-only question for the jury was whether the man tion and stated that all the creditors had con- sented.
knew that the notes which he had uttered and which he had in his possession were forgeries.
The Official Receiver said he had not had The evidence was very clear as to the forged an opportunity of considering this.
case, the
His Lordship said it had better stand over and he would make an order in chambers on hearing the Official Receiver's report.
The Official Receiver said he wished to call attention to this
debtor having failed to attend the two meetings of creditors although served with notices. Neither had he filed his statement of affairs. He had already committed contempt of court twice.
Mr. Dixon The reason was that it was being in process of being settled.
The Official Receiver-It is practically defying
the Court.
Mr. Grist-I appear for a number of creditors and I have no doubt that the man will be ready and willing to come to court. The matter has since it been in course of settlement ever
There are started.
no creditors, everyone of these creditors is a partner, and it is a matter of arrangement between the partners
and the firm.
His Lordship-It does not exempt him from attending.
Mr. Grist-I don't think he understood. The Official Receiver--Oh Yes. He was served with notices in English and Chinese. It is impossible for me to carry ou the duties of Official Receiver if I am defied like that.
The case was adjourned.
ADJUDICATED BANKRUPT,
Re R. D. Captain, public examination. Receiver, said he was proprietor of the business Debtor, in reply to questions by the Official of D. R Captain and Company, wine and provision dealers. He started in January, 1905, having bought the business for $10,000, $5,00
f which was paid in advance. The remainder
character of the notes and to the possession. The only question would be as to intent.
Mr. F. S. Allen, cashier at the Chartered Bank of India, said the paper on which the notes were printed was quite different. to that of the genuine ones, while the signatures of the sub-accountant were printed instead of being written.
His Lordship-How would an ordinary per- son recognise them as forgeries? Supposing I got them, how could I recognise them?
Witness-Well, the whole work is very crude, and the paper is entirely different. After all there are a large number of Chartered Bank notes about.
His Lordship-Yes, but just tell me what an ordinary person who has not seen many notes would think.
Witness-They are crude workmanship; that is the only thing. They are exact copies of our notes otherwise.
-י
Prisoner-Could I tell they were forgeries? Witness-I don't know how much money you are used to handling, but dur notes are in circulation here and all about South China.
His Lordship-But would a man in his position know they were forgeries ?
Witness-I don't know his position. His Lordship--Would any Uhinaman know them to be forgeries?
he
.
Witness-Am I to answer "Yes" or "No"? His Lordship-Yes,
Witness--Well, in my opinion I should say
could.
Prisoner-I could not.
Prisoner made a statement to the effect that he was innocent. A woman, who had been described during the hearing of the case as his