:
June 21, 1909.]
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SUPREME COURT.
Friday, 11th June.
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GOMPERTZ (PUISNE JUDGE).
A RETURNED CUMSHẨW.
James William Dearling was the defendant in an action brought by Chun King, who claimed $60.50, 45 for wages and $15.50 for a gold ring. which plaintiff got made at defendant's request. Plaintiff stated that he was employed by defendant us boilermaker at $45 a month. He started work on April 8th and was discharged on May 25th.
Defendant said he came to the Colony on
CHINA OVERLAND TRADE REPORT.
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His Lordship-There is no good of bringing iron; you must bring evidence.
Plaintiff asked that the case should be pro- coeded with, as he wanted to go to Amoy.
I appeared to have been a man in a way of business Since the last hearing Mr. Dearling had who, it might very well be believed, had a knowl-issued a writ claiming 200 for value of iron edge of bank notes. The sole question for the spoiled by defendant. jury would be whether the man who put ff the When the case forged note knew at the time that it was a forg- defendant asked for an adjournment, stating was called on yesterday ery. If they thought the man's conduct just-that he wanted to get more iron. ified such an inference they would find him guilty; otherwise, they would find him not guily. Prisoner was ask if he wished to make a statement, and replied "I am not particular whether I make a statement or not. Then he in the country in the course of business. On told the Court and jury that he got the $10 note his return to the Colony he went to the cinematograph and asked tickets.
for two fifty-cent A man caught hold of him and said he was trying to pass a forged note.
He was given then he was accused of running away. a push which caused him to fall forward, and
The jury returned a verdict of guilty and his imprisonment with hard labour.
His Lordship remarked that he had told Mr. could get it by to-day. Dearling to bring his evidence, and asked if he
Mr. Dearling said he could, and the hearing was adjourned until this morning.
HEAVY INTEREST. A Chinese cook in the employ of the Sugar Refinery Co. was sued by an Indian money- lender for the recovery of $15 which he had advanced at $1 per month interest. The claim
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April 3rd to put up a new gas-holder at the Lordship sentenced the prisoner to two years' and costs amounted to 32 odd, as well as *15
Gas Works, plaintiff came to him with several references and he engaged him at the rate, of $1.50 a day. Plaintiff said he would like to have it once a month and defendant said plaintiff and the others were engaged on daily rates. On 18th May, when he inspected their work, he found they had cut the plates wrongly, and he had to engage labour to take out the plates and replace them. It would cost defendant £100 to make good what plaintiff and the others had done. He discharged them on the 19th May. When defendant had been about four days in the colony, plaintiff came to him and asked the size of his finger. Fire days later he
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ROBBERY.
arraigned on a charge of robbery in Des Voeux Tsang Kwai aud Ho Leung Sam were Road on May 5th.
jurors sat as in the previous case.
Prisoners pleaded not guilty, and the same
The Attorney-General stated that the pri sum of money from three Hoklo cattle dealers. soners were charged with the robbery of a large
It appeared that on May 5th these cattle dealers China, bringing with them some 14 head of come down from a place called Shanmi in cattle which they sold in Hongkong for some $700. This amount, which was in notes.
for professional costs. A verdict was given for the amount, but his Lordship remarked that in the circumstances he would make an order for
payment of $2 a month, the first payment to be made that day.
Saturday, June 19th.
THE OBJECT OF [6
CUMSHA," The case concluded in which Mr. J. W.
Dearling was sued by Chun Kin, a Chinese boilermaker, to recover $45 dne for wages, and $15, the value of a gold ring. Defendant
by the boilermaker.
returned with a 1ing and said "this is cumshaw they took to a money-changer's and changed into counterclaimed for $200, value of iron spoiled
for master." Defendant discharged them on them 19th, and paid them their wages, with the exception of plaintiff. because he wished to know what damage he had done. Defendant wished the case adjourned, for a week in order to bring the plates which plaintiff had damaged
His Lordship-Is your name on the ring- Yes. It is scratched in.
He asked for your name?—Yes. His Lordship (to the plaintiff)-Did you give a ring to the other foreman-Yes, because he recommended me and ought to get something.
His Lordship said defendant had only just arrived in the Colony and it was not likely he would try to squeeze plaintiff. He udvised de. fendant to file a counter claim and also to return the ring, which he was sure was given him as cumshaw. If plaintiff wished to proceed with his claim for wages, the case would be adjourn; ed. Defendant would not cousent to pay plaintiff twenty day's wages and the case was adjourned.
THE PRICE OF A TALKING MACHINE. The Robinson Piano Company sued W. A.
Howell for $107.20. Defendant did not appear and Mr. Reich, the manger of plaintiff com- pany stated that the money was the price of a talking machine and records. Of the amount $40 had been paid on account.
Judgment was given for 8t7.20.
Friday, June 18th.
IN CRIMINAL JURISDICTION.
BEFORE HIS "HONOUR THE CHIEF JUSTICE (SIR FRANCIS PIGGOTT).
UTTERING A FORGED BANK NOTE.
(hung Ho was indicted on charges of utter- ing a forged bank note, and being in unlawful possession of a forged bank note."
Accused denied the charges, and the follow- ing jury Was empanelled:-Messrs. G. P urry (foreman), . Detmers, E. F. ncott. S. Musso, W. E. Gätjens, A. Davidson and H. E. esebrock.
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The Attorney-General (Hon. Sir H. S. Berkeley, K.C.), who was instructed by Mr. Dennys, Jr., from the office of the Crown Solicitor, informed the jurors that the bank note which the accused attempted to pass was a $10 bank note on the Chartered Bank. The prisoner went to the Hongkong Cinematograph show and to purchase some tickets tendered a bank note. The person to whom the bill was tendered asked the prisoner where he got it. whereupon the latter turned tail and fled. A witness who was standing by chased and caught him, and the note he tendered, on being examin- ed, was proved to be a forgery. The prisoner
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interior.
subsidiary coins of various provinces of the On their way home on the 5th, with cattle dealers at West Point and accused them the money in a bag. three men accosted the
of having illicit opium on their persons. The man carrying the bag of money dropped it. whereupon one of the three men picked up the bag and ran with it to a ricsha, while the other violently. two prisoners assaulted the Hoklo men who had put the bag of money in a ricsha. Then they rushed ofter the man
other pushed behind, and thus One of the men got into the shafts and the escaped. It was a very clever robbery, and all the three
the men implicated were said to be richa coolies, The persons robbed informed the police, and
very shortly afterwards the two prisoners were been seen since. arrested. The third man, however, had never
arrested, $100 in notes was found in the box of When the prisoners were one of them. The suggestion of the prosecution was that the subsidiary coin had been changed.
After hearing the evidence the jury returned a verdict of guilty, and his Lordship sentenced
the first defendant to four years' imprisonment with hard labour. The second defendant was sentenced to two years' jail with hard labour, his Lordship, taking into consideration his youth the second mau being only eighteen years of
age.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. Gomp/rtz
(PUISME JUIXE).
INJURIES TO A DOG,
Mr. Ilott, chief timekeeper on the British section of the Kowloon-Canton Railway, brought action against (onstable Grant, claim-
ing $220 for injuries caused to his dog by
revolver shots,
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Mr. A. Holborow (of Messrs. Deacon, Looker and Deacon) appeared for the plaintiff, and Mr. P. W. Goldring (of Messrs. Goldring, Barlow and Morrell) represented the defendant.
Lordship would allow argument on a preliminary Mr. Goldring said he thought that if his point it would shorten the case. His preliminary point was that the constable was privileged to destroy dogs at any time. facts?
his ordship- -re your agreed about the
Mr. Holborow-No. If the defence is a good one, Mr. Goldring can raise it later.
The case was adjourned.
IRON OR EVIDENCE! Dearling was sued by
The .case was continued in which J. W. $45 for wages and $15.50 for a gold ring which han King to recover plaintiff got made at defendant's request.
Gunda Singh, on being sworn, deposed to being a watchman at the Gas Works. He had been instructed by Mr. Dearling to see that the plaintiff came to his work at the proper time. He was supposed to begin work at seven o'clock until eight, half-past eight or nine o'clock. No in the morning, but sometimes did not start
attendance book was kept.
Witness was then cross-examined by plaintiff : Is it not a fact that when I start work at 6.45 a.m. your son is on duty, not you?-The other watchman there is not my son.
Mr. J. W. Dearling testified to employing the plaintiff as a foreman boilermaker. Plaintiff was responsible for everything that went wrong on the work. Witness produced a number of iron plates the joints of which he alleged plain- tiff had cut, thereby rendering the plates useless,
In cross-examination Mr. Dearling said it was not a fact that plaintiff, as foreman, did the tiff was responsible for everything. work according to his instructions. The plain-
Do you not chalk out the rivet holes, and do
not make them according to your chalk
mark?-No.
Did you not tell me when these plates arrived here that they had not been tested, and that I was to test them? - Certainly not.
Were not the joints in the plates too long, and did you not instruct me to make them shorter ?-No.
On May 19th when the work was completed did you not order a photo to be taken ?-The works are not yet completed. The photo you mention shows the bottom of the tank.
His Lordship, in giving judgment, advised Mr. Dearling to return the ring to the plaintiff, remarking that it was not a good thing for
they wanted to be dealt with leniently—not what Europeans to take presents from Chinese. The reason why Chinese gave presents was because Mr. Dearling's employers at home would wish for. Defendant's claim was non-suited, and he was ordered to pay the plaintiff $22.80, nineteen days' wages.
the Union Church Shanghai last Monday. The A very pretty wedding was celebrated at
bridegroom was dr. Denis Ewart Donnelly, of Messrs. Shewan, Tomes and Co., and son of Mr. A. R. Donnelly, a well-known resident for many years at Chefoo and now agent for Messrs. Ehlers and Co., Ningpo. The bridegroom is perhaps one of the best known and most popular of the young men of Shanghai, being apparently equally at home in the business, sporting and social worlds. The bride was Miss Isabella Elizabeth (Belle) Johns. danghter of Captain Richard Johns, agent to Messrs. Jardine Matheson and Co. at Wuhu.