SUPREME COURT.

Thursday, 4th July.

IN BANKRUPTCY:

BEYORS MR. F. T. Pokort (Car Justick).

THE HONGKONG DAILY PRESS WEDNESDAY, JULY STU, 1905.

His Lordship said he could not consider that question then but would reserve the quea tion as to couls. He consiliated the petitions loaving the calons of the proceedings with the petitioning creditog in No. 32. The gato was Haed for Thursday next.

IN ORIGINAL JURISDICTION,

Dumating to decide a caso by inferonco: sum as 8300 in silver; That the red silk band;

I will uw ondertour to sum up the improba. regard to the roving nature of the proposed | commission, it is more than likely that a mass bilites and probabilities of the plaintiff's case. of evidence would have been taken and expense The following tell more or less against it: That incurred: whereas as erents turned out, the the plaintiff should have been ontested with sơ tery smallest amount of bridence was necessary. ¦ large a sum of money; That the sun, who it is The defendant should have adoptad 1ke mom allego, sent the largest namunt should not have inuxpensive procedure, and himself bare tako knowa mi reabout Saigon than he did, dus weight out a summons for letters of request to issue to being given to the fact that the man is illitorale; the French carts. I am, therefore, pat into the That here should have been given so largo a position of

korch.of in which the plaintiff hamled his notes to Chow Kwong should have disappered That thero is no evidence with raguril so letter No. 2

$500 That the story giron as to lett r·No. 4- Idees hot dir in at all with the letter. Insidering Ce inherent improbab lities The fol owing tell more or less in favour of it in Kixion out of the twenty-inal-iners the nigua: od bv. Fr. J. To fit, claimait le lion was zut called during the trial, Untal story, is admitted not be whelly improbatia; ;

of the plaintiff's caus, there is one to thich That whatapparat first caring to be a fauci

the story C.E II. Beavis appeared for the petitioning for innay in aestion was taken off the person which priss-offt of a yuktioa piti tho era and that one suiali pastoti

RE THE CHING HỘP FIRS, In bankruptcy case No. 35 Mr. F. BL Bowley appeared for the positioning creditors Originally this case was the Ching Hop fra expurte Slemsson & Ca and other, but at the

task, and more esp cially so, seeing that the frots crucial to the decision could have been ascertained, by the defondant,

during the trial.

previous having the Chief Justice ruled List of Mr. Foln Hastings office), Mr. Dixon before trial, or by the "piniutiff conranding. I

the putiting would have to be amended because

tars on the ptiline were those of the com pradores or other than the principals. Mr.

creditur in action No. 31, the Ching Hop firm Mr. P. W. exporta

appasriel for the debtor. Mr. Bowley applied for consolidation. ------ Mr. Busstruised-prolimjury objection mder Rule 27 of the lime ordin-nce.

"Kubmit it. Mr:

is not in forre

Goldring Sing Wo, and others. kr. 1

in Lordship-Let us bear the joetic M. Baris went on to say that he had only received one day's notice instead of right. He did not, however, press that point. What ho did object to though; was that ther was so affidavit in support of the motion. He should have time to propere ale objectious.

His Ldship-Anything can be done by leave of this Court."--

Bow, in a formal defect, but this

i tuore than a formal lefect..

His Lordship. If it is necomary to have affidavit I will, but if I can take pridonco shalt,

an

Mr Bowleg-Both Mr. Beavis hud Mr. Goldring, keep on referring to these toas bankruptcy sales, and they are not in force.

QUESTION OF OWNERSHIP. The Chief Justice gave judgment in the onse where both Lam Tung and the Nam Loong firm claimed the are money. 82,600. Me П. Pollok. F.C.. Instructed.

for Laur Tung, plaintiff, and Mr. H. N. Ferrera, in-fract

(of Messrs Johnson, Stokes and Master), for The

ono Chow Kwan;

whose extradition was applied for by the French sathorities at Saigon, sad it has since remained in the custody of the Authorition at Hongkong The plaintiff, a ship's ook, alleged that he is handed the money to Chow Kwan during had weather on the passage up from Saigon, while the claimants submit that the money was that stolen from them at Saigon by Chow & wan

janditled exmiastion of the plaintiff. It soems inherently to be true; That the apronti, irrelevant silver improbable that so large a sun as $300 alul story, when tested, seems to be tino: That Line have been given to the phintiff to curry to is a certain amount of evidence in support of four Hongkong in silver: 300 dollars would ban out of the five balors or intented recipients of heavy weight to carry about The point the money-being the persans alleged--aud-agoiu. requires some careful crasideration. From the that this evidence in the case of our of thein is letters themselves, wo get the following factadmillecte be tone; That, for a plot it is as From No. 1-That-$1,500)- was in notes to clemily put fogether as cin well be imagined te handed to Lan Tung

That there is no direct evilen e pronged by the defendant to rebat the plaintiff's case, but only criticsm and hypothu is,

From No. 2-That $600 "outside" (that is "outside the envelope") was "to be handed to Lam Tang

From No. 3-That 800-in forsien muuay" was "to be ontrasted to Lam Tang.

From Ne. 4-That thore was $280 "in foreign toney."

;

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Hongkong, 3rd July, 1905.

IN SUMMARY JURISDICTION. BEFORE MR. A.G. WISE (Pursia Jupon).

LING ON TONG V. THE KING LEE FIRE This is was coneluämi. Br. R. A. Harding appeared for the plaintiff, and 30. D Thomson for the defendants. The claim pas fe $590, woing the amount of share money I flad it difficult accurately to determine the repayable by the defeEdants to this plaintiff on the ftir June, 1905, under an agreement signet nelative values of the diffut considerali some of them are undoubtedly vary erions: but by the defendant on the 20th March, 1905.

Mr. Harding called the managing partner of || having regard to all the circumsinei ihm of

case. I doubt if any one of them is suficiently the Wo San Chin firm oil dealers, carrying on

business at 8,

Ho strong, as stated, to carry a verdict because it

firm employed twelvo or thir. Thers is one of them which requires still further from appearances did a very small business. toon me, whereas the Hing Leo firm, judging an Isis: the admitted truth of one part of the plaintiff was in witness' employ, and tack plaintiff's story..........

From the ovidence of Lam 1soi în the Police is at ones wet by something on the other side. stated that haught. Road West.

From No. 5-That there was 20 “outside.“

Cert the 8300 of Nu. A was in noter.

The Chief Justico has power to make rots, kit for the plaintiff, to oqsure their getting outside" the envelope, in silver.

TRADE

T:30

MARK.J

CLARETS.

#1dur. y doz, 4 dez Bottles Bottles bottles

VIN ORDINAIRE 84.75 $5,75 COTES

I Hat now examins with more particularity his rice, te, at the shop. He was not, however, MEDOC the feet of the defendant's admission astoihmorges, as he also hat his own business. ST. EMILION Witness fiud seen Læang Lai Churu, the manag- MARGAUX.... $20

story.

5.25

5.76

8,75 3775

65 9.25 6.75 9.75

-10.76

7.00 8.00 11.00

8:00 19,00 12,00

10.50 1150 14.50 1:50 18,50 14.00 17.00 ...-13.00 14.00 17.00

ST. JULIEN, ST. ESTEPHE...

His Lordship said:This case was tried before me without a jury. It wax sontially jury cas and I shoul-1-bave preferred to have had the questions dooided by a joy. I have taken the greatest pains to artice at the truth; and Haball avail myself of the fact that in this Celony the verdict may be by a rity, a fact which tho cost juris foot wear magnicate to sig his case, to say that I feel very like a jury must

I le not think it possible to imagine that of fool which hasbought a verdict by a bars but Ilegal majority My anxiety Eas been naturally the $500 to be banded to Lan Tung, with letter

increased by the fact that the plaintiff paly snenNn. 2. 8300 was în silver.

The plaintiff's story of the $300 in sicer as bailee; the rights of other parties may there fore be in issue, and I know no means of giving manet, therefore, menu that the writers of Nos. 4

judgment which should protect their tights and 5 gave their

15 The $20 of 1 Lain Tung in silver. may have been given which anfortunately have not been made, and money: if for the defendant, te profact them in

v;ard to the $280 of The improbabilities with ro.s raw, owing to the weakness of the evidence, the we bave do ru es to guido u

His Lordship-I will consider that ja cham-jugdment should do them an injustice. I must, letter No.4 being in silvera reduced to this--On hors, Go on.

therefore, de the best I can with the material the one sills the fact that in the later there is Mr. Howley explained that in making this before me and I propose to analyse the avid a reference to "foreign money," which seems application he was relying on the afdavits ance at the same length as I should if I wore morenpplicable to not-arent withalottir; thugh

the changing of the silver into notes may have that I d not so how it could has been are and petitions on bin. To begin with any summing up the case to the jury. craliter was entitled to muke, a petit ou sobjectThere is undoubtedly an uberent im been done with the knowledge of the sender. Oumust be carefully considere.. I do not eoo low to the rules of consolidation. His friend's probability about almost every detail of the other side this introduction of a reference to it can be limited to the mere fact that, the share money,Then this man went and need CALIFORNIA

the firm's correspondence shop, on a bill to petitious were friendly and such friendly to splaintiff's story: Int fb initial silver appears to be gratuitous, and an-un plaintiff received tho-820 from Kwong Fu to petitions are allowed to be withdrawn. improbability is met in some measure by an necessary complicating to import into the deliver to the We Cheong Firm. It seems to the extent of $123.4, which he had no right to ZINFANDEL

do and we now putting the plaintif forward His Lordship. There has to be a very centchadaission by the defendant that it is the facts of an alreally complicated story. If it was me that it must let in, so furan this as the partner so that he, Wong Fại Ting.

practice to transmit money introduced for the of in Borley. Inm trying to show our grounds brud, as it is shinged wer done in tibia cose, and was part of a very deep laid and anitally thought rear ped. the whole of the plaintify story would not have to pay the 31294, last get the for presenting a second patition. At present I when once that is admitted, it is difficult to

out plat: for this independent

somewhat

Kwas on the stamer, I mean that the first gave a wrong address, and there were am representing four petitioning creditors, but that what is alleged to have happened did not shows that the detail fit in in a coast of it, the muding svor the men y to Chow whore $300. In his evidence the plaintiff at VALDEPENAS $4.75

several other irregularities. This share money plot, if plot there.

Ir.

remarkable manner.

vraisemblanes, it

]

of

Twoaty dellare were sent by Kwong Fu, inter of the defendant firm, shot the the Saigon, te Wo Cheong Firm in Hongkong. turn of this $500 to the plaintiff, and Lening

Lai Chien did not deny owing the wy. The envelope bore the correspondence chop.

This closed the case for the plaintiff the Kwông Nam Wo Firm in Sigo

COR ST. MICHEL 12.50 Indepen

My. O. D. Thomson submitted that on the

C. LEOVILLE... 13.00 duty of the admissiou, there was the evidence of Kwong Kam Chepug, the manager of the Wovide for the plaintiff, the defendants ware

entitled to judgment. What really happened | On LAROSE Cheong Firm.

was that Wong Fui Ting formerly accone fant in the defendant shop, was a partur

thas shop, having contributed $30 2

The effect of this admission, and I must say.

adotission that the 820 with its letter werd

you have it on file that these represent the balk happen. But, says tho. defendant, this custoso not think that theither was, hand 'd' to the plaintiff, must go to the extent waswol in kis dwo home, but in sa assumed

:

of creditors,

Lordship What you really want is the enlens of the proceeding.

Mr. Bowley-Yes, and it must be in your Lordship's knogledge that I represout the bulk

of the creditor.

His Lordship-I do not know that now; the petition has been amended..

does not extend to large sums of money. That, however, is not a very stable hypothesis to go BEOS.

Thoreis a further admission that as tooneof the soms, this plaintiff was probably entrusted with its delivery as he alleged. This amounts virtusily to an admission that judgment must go for the pliintiff for at least $20. This admission has

consider in dus COUTSP.

I

kai been thought out in a careful manner of an admission that those $20 form part of the. The plaintiff. ilesd, bad, he raid, added

divided.

The matter was then entered into, and it was further important consequences, which I will letters 1 and 4 were written by the same teling of this story, which resembles the other as contradictory as to whore the initial

discovered that Mr. Bowley's four clients' claims agregated $10,000, whereas Mr. Beavis' client's dam was approximately $30,000. His Lordship cocidad against Mr. Bowley on this point.

Mr. Boaley-I submit, then, that it is not right for my friend's creditors to shield the labior from thor creditors.

His Lordship-That some sound. Your real ground, then is that the creditor in 2 is acting in order to shield the debtor. But pon must explain to me how he can do it

Mr. Bowley referred to the debtor's affidavit of the 23rl June, in which it was staled how the debtor was pressed by the Compradore af Messra, Meyering and, is a result of this press

the Compradore a delivery order to gave lake prods put of the godown. When they found a number of ether. creditare wise refused to allow them to take delivery of the roads. The creditors all then west to the debtor shop to see the account books which, however, had been taken away by one of the creditors, The debter was then taken to the Police Station where ho was detained for the night.

Tong to his ilk name" though why he Wantod to found fong. Mr. Thomson could offe said his father's estate had not been His Honour-I, do zot know what happened in China; ke dlight have stolen the money.

Mr. Thompson pointed out that the evilance interview took place, and also as to the nature of the money handed over. The plaintiff admited that he did not remember much about the transaction, and sail be del Let get wrecript for some time. The latter was a very curious emission for a Chinaman to make. Mr. Thomson did not knew if His Honour desired him to call the manger of the defendant firm

His-Honour-Yes, the statement has wrot een contradicted. Chinese evidence is so very "Gasatisfactory,

Mr. Thomson-We admit w■ goj S200, but

Leung Imi Chyen said he was the managing partner of the defendant orm: The real partner in question was Woug Fai Ting..

Hie Honour-Are you willing to bay him

Witness-Yes. but I have not the money

His Honour Well, why not give it to this

the contrary, looked at as a plot, it was very $2.600 in Court: in other words, as I said at first. clumsily executed. The plaintif's concol was it is an admission that judgment must go for obliged to admit that the very weaknes of the plaintiff Tor S. But if it do this, it is story attached to No. 4 letter, constituted on diment to resist the conclusion that it sheds elemont of strengt for the case generally.. a glamour of reality over the story in so far

I catae new to the question of who wrote the as the remainder of the mesoy is concerned.

The evidence is quite sufficient to show There is, indeed much in the derai ff and in the that Nos... The ouse being an interpleador issue, in which person: this is derived from the opinion of the

stories: there was a covering letter-this has, the question is whether either or which of the xatsiator of the Court so to the similarity of it is true: fiisappeared, (in a manner which is parties claiming the money in Court, is ontitled the writing, and from the similarity, if not not explained, but the envelope remains, and to it, each party has a constructive as well as a identity, of the obops used on these latters 'nud

it is mehed in sim kur language in that "used on destructive border cast upon him. The plain-envelope. Kwong Bang said that his letter the other envelopes. And there was a similar tiff has adduced a custerable amount of No. 1-was scitten for him by the accountant passivity, so to speak, on the part of the witamos oridence. The defendant has endeavoured to Apton: sfterwards, he said, by Pung Koock, with regard to the non-execution of the col shake this evidence. He has, however, been relative of Lamon, Lamon was the alleged sender mission entrusted to the plaintiff, as is the case unable to produce any positive evidence in of letter No. 4 with 8830: There is, therefore, a of the witness to the other stories

The escape from this difficulty enggested by assumtiofis own case, but relies on the usual scintilla of fact to account for the lettera Nov

that money found on a thief after a 1 and 4 being written by the same writer,the defendant's enmugol wa, that the stories werd.

With regard to the other letters, there is conseted by the plaintiff and the pritur forwart to land it to the right mali. robbery of mandy, forms part of it. Thore had

s of the extrali ion proceedings in beon an extensive robbery of money, bank notes nothing to warrant any enggestion that theythe purposes and silver, from the defendant's promises in were written by the so person. The more order to save bim; and that after the proceedings. Saigon: I

am disposed to think, though the they were examined, more especially with refor, war over, the letters were written, the plaintif evidence is not much more than an assump ones to identity of expression seed in them, tho hoping to obtain the money for himself and his tion, that there was a pursuit of Chow Kwan more it seemed to bo tablished that they were confederates. Thediso paucies in the evidence, by the police for some days. He certainly was written by different persons. This is specially not, bly that given in connection with letterat tracked to Hongkong: his extradition was noticeable in connection with the phrase No. 1, wer explained by the suggestion now. demanded, and he was found guilty in Saigon of receive according to the amount which, in that the confederates had forgotten the contents the robbery. On the whole Iom disposed to think some form or other, ecours in all of them. Mr. of le letters when they esme into the witness Dan Wong Fai Ting will go to gaol if he that the assumption can be applied to the bank Ll Hung Mi was called by me specially as to box. To this there is thus, obvious count-es you. motes found on Chow Kwan in Hong ong, bis point, and bis evidence, together with the suggestion: why should the plaintiff and tho although there is no mark on them by which evidenon of other witnesses, shows that there pre ner have limited themselves to the 26 $10) they can be identified. But even then, the were at last three writers on the four lettere antes? for the story, even if proved to the hilt, assumption only holds good in the absence of Nothing very definite seems to result from this could not bare saved the prisoner, who had still over $600 on him. If it be and that 8600 ware proof of property in another porson, which to favour the defendant's destructive case. is precisely the question here. This assumption, I now come to the question as to how the 26 loft so that that sum toight appear to have been therefore, does not carry us very for, unless the $100 notes were given by the plaintiff to Chow Chow Kwan's legitimate sarings, as it was, in

plaintiff's cass breaks down completely.

Kin

The material parts of the evidenes où-| fast, alleged-that merely added a forihor som-- this subject are as follows:-

plication to the defens, for the Court would have had to believe two stories instead of one. But the suggestion of concoction cannot be so easily dismissed: for the inherent improba hilities of the stories anggest of themselves the possibility of concoction. It must, however, be considered together with the admission as to the 320 story, Starting with the hypothesis that this story is true, the possibility of fraud seems to work out in this way-That the pluini- tiff at the Police Court, while he was endeavouring to chtsin perasation of the $20. to which, ou the hypothesis he was entitled, learned of the existence of the 26 $100 notes, Thou, working on his slender basis of truth, he proceeded to concept four similar stories, we ing out the figures so as exactly to miko

Now, the ylaintiff's case depends on how far the aridence he tendered has survived attack; and how far the inborent improbabilities of the case are propped up by so much of the evidence as remains ausboken.

mear by the

,'

Mr. Thomson-He is willing to pay $500- to. Wong Fai Ting after dodueting $123, 4.

His Honour gare judgment for the plaintiff, staying execution-Lili Friday.

Mr. Thomson-I ask you, my Lord, not to give costs.

His Honour-Yon have lost. Mr. Thomson. Mr. Harding--Will you adjudge Loung Lai Chagua pa tuor in the Hing Lon firm P

His Honour-He has said no. I have it down

A SINGAPORE POSTAL CASE.

His Lordelip What was he doing there. The Police Station should not be used to force people to pay their debts. It may have au important bearing on whether they should be allowed to have the carriage of the proceedings. Mr. Bowley weat on to say that the debtor then lived above the office of Messrs. Brutton, Hall and Goldring, so that they might get

Lam Tung says I had 26 $100 notes. I him to ses the Official Receiver when required,

wrapped them in a rod ailk handkerchief and Other affidavits were referred to, and Mr.

tied it round my waist: it was put in my girdle. Bowley pointed out that all that took place was

I took out the money and gave it to Chow abt between. Messrs. Bratton, Hall & Goldring The main attack on the plaintiff's case Ewan asking him to take care of it.I mid and the debtor but betweak their interpreters directed to shaking Kwong Smg's "plenty of "money," but did not mention a and the debtor. He submitted that the interseridence. And here I must notice that the specific eum. It had 26 $100pectes. This is preter was much exceeding bis authority in original position taken up by the defendant was textually from my notes. It is not quite removing the debtor's books so that the several that Kwong Sung was an imposter, and had coherent, but it is mad other creditors should not see them. We are never been to Saigon. This could not be insinovidouce of Chow Kwan, en de bene esse entitled to see them.

tained, and was wisely abandoned. The cross Ele says: He (Lam Tung) gate me some money His Lordship ow is a man entitled to go examination of the man was directed to testing wrapped up in a rod silk bandkerchief. Ha said icto another man's shop and sor his books his knowledge of Tai On in Saigon; sud I can-there was money in it, and asked me to take The proper way is through the Bankruptoy not say that, making dhe allowance for his be care of it. On receiving the parcel of monay Court. Is there any particular barm in one Ing an illiterate man, he completely failed from Lou Tang I antied my girdle, took creditor taking the part of the d-blor! ir showing some knowledge. The defendant out my own bank notes and put them on the Kr. Dowley-I submit that the debtor should thereupon took up another position: that the handkerchief and rolled them up together. I present the petition himself. Esory debtor is man knew Tai On superficially and in a manner never saw Lam Tang's notes and did not know entitled to the protection of the Bankraptay consistent with casual visits, but not with pre- tow many there word. I kept the handker Ordivanes, and I submit the proper way to get longed residence for 15 years. He answered chief with all the petes in it netil I got of the prisoner. How, then, are we to account person to another. Iwo letters" bad boen it is to file a petitior himself."

His Lordship-In that laid down. It' neuestions, but not others, andant to Hongkong. The two men then appear to for the similarity of the stories told by the opened and found to contain money. The ether

new position assumed by the

is have gone to a boarding house. At this plaintiff and the prisoner, who gave evidence in had not been opened and he did not think the a possible one: bai at the same time the partial time" he adds I was carrying the money on this case the bene care? The answer may be that Court had any authority to open them. The I offered to return the money to be heard Lam Tang's eridence in the Folies inferenos was that they were lett re under the Mr. Bowley That would be the straight- | rdmission, like the other admissions, renders the ray Tour: be said it would do after we came Court. I do not think that this.. accounts ordi ary definition.

decision of the case all the more dificult. With

hack from drinking tea. Cn their rotara to satisfactorily for the identity, except -Thuro stems to have been a regard to this witness another consideration boariling bousa bs has a bath prepared, and reference to one minute detail (the exact tima ut coutention, and was informed that a letter was

prisos, His bona fides could have been tested

rather enrious proposition.

somhe

person.

Lazz

WHAT IS A LETTER? At Singapore on June 25th, before Mr. Colman, Chinaman was charged with having taken-too-nostamped letters into the Colour

After evidence for the prosecution had been

in question were called, hir. Farrer Bayzes for the defence contended. that the letters" not letters as they contained no written matter They contained only bank notes.

Kr 8pronto, D.F.P., kail the definition of letter was " written or printed communication $2,600. But the concoction of the stories, on this from one person at a distance to another. The message expressly hypothesis; must have been by the plaintiff and letter in gestion had his confederaton, but without the assista.co stating that they contained money

with

by evk

evidence from Saigon. Only one witness, then follows his arrost. Ta eross-examination which Chow Kwan is alleged to have offered to Lan Ping, was called; and it cannot be said he said. "He told me the package contained rotora the money to the plaintiff of the evidence

of these two witnesses, and I think that this ide

notes."

from one

Mr. Colman had doubt as to Mr. Sproulo's

a small parcel or package." This was the definition of the G. P. O. ordinance.

Mr. Colman said he would acquit the accused

Court itself will protect the ered tors, and it that he` advanced the case in any way. The bank to me quite clear that if the slogy, of the concoction mist be rejected. The only and Mr. Spesula' could appl.

-forward way; t

His Lordship

mob and they exceeded their powers. regular Yes must make a very strong care against the first creditor who fled his petition, because the does not matter who has the carriage of the machinery. I cannot understand your action, There is nothing in removing the bocks to his solicitors. It is one of the advantages of our profession and covers a multitude of sins, The proceedings were dous by Chinese interpreter in a solicitor's office. Is he the Managing Partner?

Mr. Bowley No, my Lord, I do not admit that. He is not a solicitor. No interprater is the proper person to manage the business. It would be very dangerous.

Mr. Beavis The soliciter has to take all the responsibility, but the interpreter does manage the business to the extent that he goes to see the Chine

Mr. Goldring―Tha position, really, is that of a compradors.

ascial facts on which evidenes was required were not within his knowledge. The answers to two questions pot to the French neth riti in Saigon, would have Jisposed one way or the other of this witness, Kwong, Sung and probably also of the whole case. I suggested that these two questions should be put to the French author ties :-Had a permit of residenco been cunted to Kwong Bang Had a person of this name been a shipbuilder for 15 years in Tai On!*

The Court not having any inherent power logan letters of request, I suggested that they should issue by consent. The plaintiff refused;

It seems

is true, Lan Tug's notes over left the red hypothesis that I can me which would accurate silk handkerchief in which they everything, is that there was a previous cu wrapped up, and that when Chow Kwon a spiracy between Lam Tang and Chow Kun circumstances of the water baig searched they should have been found in that th handkerchief. There is nothing in Seget been very rough precludes the possibility Wildin's evidence to show that any of the notes of this having taken placs on the temer were wrapped-up. it could have bean the duty of for, undoubtedly, if there was conspired that officer to have recorded the fast if they had the 3-ttors wore written the time. been. He is away ou leave. I, however, called the The alternative is that they wore written Chinese detective who was present at the search before the rouge begats and this is one said thatthe cotes were shaken out of Chow consistent with the fact that the plaintif was Kwan gidlo, and that they were twrapped up an accomplice with Chow Kwas in the robbery

either before or after the fact. This, so far is Í

his reason being an idea that the influence of in ongoing Itappeared that he sold "a soon 46

the Nam Lung firm in Saigon is so great that the cloth was taken out there wore the notes" am capable of analysing the case, is the log ceal

and I

Mr. Sproul This plures me in a very invidious position. It is only for the Attorney Gerral to appeal. Your Worship, might convict and rasures antenes stating a case for appeal."

Mr. Colman: I nequit accu-edi

3. Spreate Will Your Worship dotafu the letters whist I obtain vykrieg.

it ?

Mr. Columi Leonnot do this.

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Cuticura Soap, Ointment and Pills

When All Else Fails.

Svery child born into the world with an inherited or early developed ten- dency to distressing, disfiguring hu mours of the skin, scalp and blood, becomes an object of the most tender soilcitude, not only because of its suffer- Ing, but because of the dreadfal fear that the disfuntion is to be lifelong and mag its future byppiness and pros- perlty. Hence, it becomes the duty of mothers of such afflicted children to ac-_ quaint themselves with the best, the purest and most effective treatment available, viz., Thu Cuticura Treatment. Warm haths with Cuticura Soap, to cleanse the skin mod scaly of crusts and scales, gentle applications of Cuticura Olatment, to allay Itching, Irritation and fadammation, and soothe and heal, and mild doses of Cuticura Resolvent, to cool the blood in the severer cases, are all that can be desired for the speedy. rollet and permanent cure of skin tor- tored Infants and children, and the com- „fort of worn-out parents.

Hillions of women use Catlers Soap, Bastated by Cuticura Diatment, for pro- serving, purifying and beautifying tha skin, scalp, hale and bands, for annoy- ing irritations and warknesses, and for many sanativo, antiseptic purposes which readily suggest themselves. – Ouligara Roscivyat, quad and in the form of Chemolako Cole Pie Kondan, 21 Charle Collabra Bony a paši injouchOUS

Kawan Kawels, & fine de in 15 11AMADUSJJAN HÚTOVEER „Co. Byliny | Desion, 127 Columbet ára. Poster Drag & MOHAN for "Hows Cara Baby Humanen daar met

NOTICE:

693

GEO. FENWICK & CO., LD.

ENGINEERS AND SHIPBUILDERS

Mr. Sproul Will You Worship Bakke no

asibility of doing. Old Established Firm especially rder and I'll take the res

Caters for ship and Engine Repairing. The Magistrate assent d to this.

The Works may be reached in 10 minutes from Blake Pier by itiokahn or Electrio Tram.

Launches will call alongsida vessels in the

Telephone 142. Hongkong, 2nd January, 1000,

the answers eculd not be relied on. This is not / But when asked to explain what he moszt, he fromlt of the contention that thecsse Way Cau coeteď CHINA & THE PLENIPOTENTIARIES-hartour flying the Call Fing E.

representativos of Japan and Russia looking to ward peace between the two nations now at war. The Chinese minister has informed President Hossevelt of the claim of his

nation

and France and Russia bars s'ao boau opp sched The representatives of Chino state that as the future of Korea and of Manchuria, and also "of other contiguous parts of Chins depend on the peace trms, China believes that it should be permits d'a voice in the conferanse.

very satisfactory ground of refusal, as I had said that he moant the pocket when he said

I have not sufficient evidence by for me to

A Washington telegram to the Cablenews indicated that the questions would suls be pat the cloth." He had previously said that the worcant my coming to such a conclusion. Under dated June 28-aysThe pizs-of China Mr. Berries said that be alleged that the to French officials, and they were such that man's girdle was sew up in the form of these circumstances, if I were to give judeen domande representation in the conference of the exeditors had been affected by the books not they would have been answered from the official paritet. It is very nearly a year ago since the for the ilefendants, although there could be ne being caried over to the Oficial Receiver at records. At the same times the plaintiff's becarrenne: the witness was asked to prosecution here for a robbery committed in Once. The Chinore Custom is that creditors adrirs were within their rights and in remember what took place ba the spur of the Saigon, yet I should be bound to order the at once take the becke before the debtor has the face of the evidence the burden of disproof moment. But what he said corresponded with prosecution of the plaintiff for perjury: time to alter them.

fell upon the defendants

the legitimate inferones from Sergeant Wildin' Here I must deal with the fact that the evidence; and I come to the conclusion that the But the admission that part of the story is true, Judge in Chambers had refused the defendant's story of the notes being wrapped up in a red and that there was no conspiracy as to the application for a commision to gather evidence silk haudkorchief bas na foundation in fuet 620; seems to show that this hypothesis cannet in Saigon. I use the expression gather This is a serious discrepancy in the plaintifs * |"be adopted." I, therefore, hold that the plaintiff evidence advisedly. The application was for go this must be added that the story told isontitled to recover the money in Court as

Commission for the examination at Saigon and at each other places in Annam or French by Lan Teo, sa to the reason why his brother baile, and judgment must be entered for the Indo China as may be necessary of witnesses Lamon sent him the $280, for the lanefit of cre- plaintiff, with costs.

esident or oarrying of business ut Saigon or ditors, stretches credence to its most - Huits.

Mr. Ferrers applied for a stay of execution elsewhere in Anism or French Indo Chins" There is no evidence at all tosupport the plain- I orrtainly sympathised with the defondant in 1il's story as to the 8500 saidto have accompanied for eight days. to consider whether to appeal,

and this was granted. not having evidence from Saigon: but having letter No 2.

a case.

His Lordship-if you can prove that the books have been tampered with then you have The Court held that the calens of the pro ceedings should remain with the original cred tor.

Air, Bowley then applied merely for consolida Mr. Beavis opposed this saying that his friend's petition Lould never have been placed on file. The estate was already protected by an interim receiving order.

Lion.

Whereas full discussion in Parliament is nanossary before the nation esa borrow a million, uur raunicipalities, which are compoet of own with no excessists sense of responsibility, ona run ap gentic debts aloiest before the rate payers are aware of the fact-Doudy Mail.

133

DR. NEWELL WILSON,

DENTIST.

Latest American Methods. Zasonable Fans.

No charge for examinations, Olios hours 9. A.M to 5 P.31.

No. 2, PEDDER STREET (pext to the General Post Offes and opposite to the side----- entrance to the Hongkong Hotel) Hongkong, 5th 1906.

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