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pril 17, 1909.]
when he returned to America he would remem- ber the members of the Club to President Taft. He presented a small autograph photo of the new president to the Club, and promised to endeavour to obtain an enlarged photograph containing Mr. Taft's autograph.
Mr. SIN TAK FAN briefly thanked Dr. Wil- der for his unexpected present.
Mr Ho Foox then proposed the health of Mr. Fuller, which was duly honoured and fittingly responded to.
Before the evening ended a flashlight photo was taken of those present.
DISTINGUISHED VISITORS IN
HONGKONG.
The N.Y.K. steamer Yawata-Maru brought among her passengers from Australia on Mon- day H. E. Admiral Sir Harry Rawson, K.C.B, Governor of New South Wales, Miss Rawson and Mr. W. Rawson, as well as Sir Robert and Lady Lucas-Tooth, and Mr. and Miss Lucas Tooth who have also been long prom- inently identified with the State of New South Wales. The distinguished visitors are on their way to England, via Japan and Canada.
H.E. Admiral Sir Harry Rawson is not visiting the Far East for the first in his life. As a midship- man he served in the China War of 1858-61 and obtained the medal and three clasps. He was wounded in this campaign and was several times mentioned in despatches. He commanded for three months 1,300 Chinese troops for the de- fence of Ningpo against the rebels. In 1861 he was thanked on the quarter-deck for jumping overboard at night and saving the life of a marine in the river at Shanghai.
He was Lieutenant on the Royal Yacht in 1870-7. His subsequent career is set forth in Who's Who as follows:-Reported on capabilities of defence of Suez Canal, 1878 (thanked by Lords of the Admiralty); hoisted in 1878 the British flag at Nicosia, Cyprus, and was for one month MilitaryCommander of that place; was Principal Transport Officer in Egypt, 88 (medal, star. 3rd class Osmanieh, (B.); has silver medal of the Royal Humane Society for saving life in 1870, and 2nd class Civic Cross of Belgium; was Captain of Steam Reserve, 1885-89; Member of Committee on the New Manoeuvring Signal Book, 1886-89; A.D.C. to H.M. 890-92: Mem-
an Umpire of Mancenres, 1894; appointed ber of International Signal Committee, 1892-95;
Com-in-Chief Cape of Good Hope and West Coast of Africa Station, 895; in Command of Expedition against M'barack and capture of Mwèle, 1895 (medal); of bombardment of Sultan's Palace, Zanzibar, 1896 (1st class Brilliant Star of Zanzibar); and of Benin, 1897 (clasp. KB.); in Command of Channel Squadron, 1898-1901.
Sir Robert Lucas-Tooth, who was born at Cranbrook in Kent, went out to New South
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CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Wednesday, April 14th.
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GOMPERTZ (ACTING PUISNE JUDGE.)
ALLEGED WRONGFUL DISMISSAL.
Ah Yut Po brought an action against Tin Yin Wong Kee firm for $60 for wrongful dismissal. Mr. Davidson, from the office of Messrs. Hastings and Hastings appeared for the plaintiff, Mr. Otto Kong Sing representing the
defendant.
The case for plaintiff was that he had been engaged by defendants as manager for a restaurant at 81 Station Street Yaumati, at a salary of $600 per year. The employment com- menced in December last and plaintiff was only two months in defendants' service when he was dismissed without notice or justification. The claim of $600 was for wages he would have earn- ed if he had completed his term of service.
Evidence was called and the case adjourned until Thursday.
J
Thursday, April 15th.
IN SUMMARY JURISDICTION,
BEFORE MR. H. H. J. GOMPERTZ (PUISNE JUDGE.)
TRIAL OF ISSUE.
The trial of an issue, arising out of the action by Ho Sze against the Tax Li Lung firm, Leu Hing. and Lai Chi Chi, was commenced in which the plaintiff was Ho Sze and the defendant Lai Chi Chin. The question to be decided was whether the woman describing herself as Yuen A Choy was the same as Ho Sze. Mr. F. Dixon, from the office of Messrs. Hastings and Hast- ings, appeared for Yuen A Choy, and Mr. Hett, of Messrs Brutton and Hett, appeared for Lai Chi Chin.
Mr. Dixon explained that this was an issue ordered to be tried in the action in which Ho Sze was the plaintiff and the Tak Li Lung firm, The action was decided in favour of Lai Chi Hin Len Hing Pong and Lai Chi Chin were defendants.
who caused the plaintiff Ho Sze to be arrested in execution, but as a matter of fact he arrested the woman for whom Mr. Dixon, was appearing. His Lordship ordered the issue to be tried as to whether Yuen A Choy is the same person as Ho Sze. He submitted that the onus was upon his friend to justify what he had done in having issued execution. against Fuen A Choy.
Mr. Hett submitted that the onus was upon the other side. He argued that the money having been paid into court he could claim it if no evidence was adduced by the other side.
Wales on completing his education at Eton in 1879, and aspired to represent East Sydney in Parliament. He failed, however, to get elected
His Lordship But you are defendant. for that constituency, but subsequently sat in Mr. Hett said that for the purposes of this two Parliaments as the representative of action he was plaintiff. If the woman they Monaro, N. S. Wales. He was appointed Com
had arrested objected she must show that the ex- missioner for Canada by special resolution
ecution was wrongfully issued. Mr. Hett sug- of the Governor-General (Marquis of Lorne).gested that the plaintiff should go in the box He was a member of the Council for N. S.
and declare she had been arrested, because they Wales Exhibition, and holds the medal for might have a twin sister substituted. Proceed- services. Mr. Lucas-Tooth, as he was then. ing he said that the original actions were frauds returned to England in 1889 and in 1895
of the most daring kind which were exposed in contested the Loughborough Division of
the Full Court. Leicestershire in the Conservative interest. He producing twin sisters.
They were quite capable of
was created a baronet in 1906. Sir Robert is Chairman of the Bank of New South Wales in London.
On Monday evening the visitors were present at an Official Dinner at Government House when there were also present :-
Mr. Gray Scott, Dr. Keyt. Commander and Mrs. Pike, Mr. F. Hazeland, Mr. and Mrs. Brewin, Captain Smith, R.N., Mr. and Mrs. Montagu Ede, Mr. Babington, Mr. Woodcock, Mr. Perkins, Mr. and Mrs. B. A. Hale, Mr. and Mrs. Beck, Mr. and Mrs. Edkins, Mr. and Mrs. Stabb, Mrs. and the Misses Loureiro, Captain Almeida, (Portuguese Cruiser Vasco da Gama) Colonel Dumbleton, Mr., Mrs. and Miss Dennys Major and Mrs. Dann,
After the dinner the visitors proceeded by the night boat to Canton and spent yesterday sight-seeing; they were to return by last night's steamer and continue their voyage to-day in the Yawata Maru to Japan.
His Lordship-Not if they haven't got them. Mr. Hett added that there were not twin books in the original actions but they made them. About forty actions were instituted against the Tak Li Lung firm and Lai Chi Chin by widows or ladies who lived in the Tak Li Lung house. One was taken as a test
case and Mr. Justice Wise said he was not
altogether satisfied, but he must give judgment against the firm.
317
finding that that the Tak Li Lung firm was in low water he devised this wonderful scheme of preparing promissory notes and handing them round to the different women. Then the action was commenced alleging that Lai Chi Chin was a partner, and in the end judgment was given in the 40 actions with costs for plaintiffs. Subsequently by a lucky chance they discovered the man who wrote the books and they applied for a re-hearing. Ore case was heard de novo before the Full Court and it was proved that many entries in the books were untrue. There was a full exposé of the whole swindle, how the twin set of books were obtained, and how several of the 40 ladies had been engaged rubbing the new books with tobacco ash to make them look old. Eventually the Full Court gave judgment for defendant with costs. The fraud was cleverly engineered and might have been successful if they had not got hold of probable that the lady who called herself Ho the man who wrote the books. It was very
Sze was not Ho Szę.
Mr. Dixon-The point is did she give evidence as Ho Sze:
His Lordship-Whatever her name is ? Mr Dixon-Yes.
Mr. Hett It is possible she is the lady and it is quite posibe she may be able to prove that she is not. Having in view the fact that these cases were proved to be a swindle I would ask that un- necessary difficulties should not be placed in our way. It is possible a twin sister would be produced-I feel sure there will be something in the end-and if your Lordship can possibly do it you ought to make the other side begin.
His Lordship held that the onus was upon Mr. Hett.
Ng Yuen Ha, wife of Lai Chi Chin, stated that she knew the woman in court as Ho Sze of the case that she was Yuen A Choy. and was surprised to hear her say at the hearing
informed the Court that she was Ho Sze.
Mr. Dixon then produced another woman and
Mrs. Violet Chan declared that she knew the woman calling herself Yuen A Choy as Ho Sze examined the woman in question at the hearing Mr. Gardiner, solicitor, spoke to having cross
She called herself Ho Sze.
Mr. Dixon said the woman he produced as Ho Sze was the plaintiff in several actions com-
and several clerks to prove that she was Ho Sze. menced against the Tak Li Lung firm, and he would call Mr d'Almada, whom she instructed,
statement, Yuen A Choy stating that when she Evidence was called in support of Mr. Dixon's was arrested she asked the bailiff to take her to the office of Mr. d'Almada where she would be identified as Yuen A Choy and not as Ho Sze.
His Lordship said the testimony on both difficulty in weighing the evidence. On the sides was of a very high quality and he had
whole he found for Yuen A Chey with costs.
Mr. Hett intimated that he wished to appeal ou the point of law which he had raised that the onus of proof was on the other side.
He made an order that the money be paid out His Lorship granted a stay of execution.
unless steps be taken with a view to appealing within a week.
MISSION TO SEAMEN'S INSTITUTE.
Rather
It is not perhaps generally known that the erection of an Institute for Seamen had been contemplated for a considerable time, but the project made little or no headway until the public meeting held in March of last year at which it was announced that Mr Mody had generously offered to donate $35,000 towards the cost of the institute. The enthusiasm and interest aroused in the scheme at that meeting did not evaporate with the conclusion of the meeting. they have been well sustained, and it is pleasant to learn that the funds have grown very materially since then. The committee have bought a site at a cost of $37,800 and the build- ing is estimated to cost about $53,000, the total amounting to $90,000. The greater part of the money, including Mr. Mody's gift, has been received, and it is now proposed that the cere mony of laying the foundation stone, to be performed by H. E. the Governor, should take place on Wednesday, April 28th. The site is on the Praya East. about 200 yards east of
His Lordship-What was the action for ? Mr. Hett-For promissory notes. All the ladies, he continued, came up with promissory notes and said they had lent money to the Tak Li Lung, firm which at that time was in a state of dissolution. Two or three of the plaintiffs were his concubines and amahs living in Lai Chi Chin's house. Leu Hing Pong engineered the whole fraud. He was a contractor who had done some work for Lai Chi Chin and ascer- tained that the latter was a rich man. On' Arsenal Street,