Page
SUPREME COURT.
Wednesday, 26th June."
IN ORIGINAL JURISDICTION.
Beront The Cuise Justice (Hon. Mr. Rres Davis, K.Č.)
A MOTOR-CAR DEAL
This was an action in which three parties were concerned.
Arculli Bros. were plaintiffs, the defendant being W. L. A. Mohideen, while the Coronation Garage and Lau Nga Po were the third parties. In a previous action plaintiff pbtained judgment against the defen
hente for $2,000, the cost of two second- hand motor-care obtained from London, and the defendants now aned the third parties for a contribution to the amount on the ground that they wore partners:
Mr. Eldon Potter, instructed by Mr. Render Harris, of Messrs. Wilkinson & Grist, appeared for the defendants, and Hon. Mr. C. G. Alabaster, instructed by Mr. B. Hind, appeared for the third parties.
Mr. l'ottor explained that on October 12th the plaintiffs issued a specially en- dorsed writ against Mohideen for 2213 and obtained judgment. The defendants now claimed against the third parties for
an indemnity,
Mr. Alabaster said before his friend opened his case he would take objection do the statement of claim, and move that, paragraphs 3, 4 and 5 be struck out on
the ground that they did not disclose any cause of action. Assuming that the de fendant was a partner, as he alleged, in the third party's arm his claim under the three paragraphs amounted to this that because he had become liable to pay a debt which he alleged to be the debt of the partners as a whole he could bring that action for contribution. He could not; all he could do was to bring an action for accounts and get his share ad- justed.
His Lordship-What do you say is his position as regards the firm 7
A
Mr. Alabaster-We say he is not
His only rights are partner at all. rights of account.
Mr. Potter said that notice should
THE "SOSHU MARU" CASE.
Add to ba
THE HONGKONG DAILY PRESS, THURSDAY, JUNE 27th, 1912.
The cose in which seven Chinese, in- cluding D woman, were charged with being concerned in the robbery on board the iss. Sochu Mars on the morning of May 29th, was resumed at the Magiskracz yesterday.
Mr. F. B. L. Bowley appeared to pro- secute on behalf of the company. Mr. Lewis (Johnson, Stokes & Master) ap- poured for the male defendants, and Mr. Leo d'Almada for the female de- fendant. Mr. Gedge (Johnson, Stokes & Master) appeared to watch the case in the interests of the Yangtze Insur-
ance Co.
The ongineer of the launch Hop Fat in answer to Mr. Lewin said this was the second time he had given evidencs on behalf of the police against launch owners. He was not, however, a police informer. His launch was oue plying for hire in the harbour, and the towing of the junk on the 29th was quite usual. For four days before the 20th, the Erst defendant was not on board the launch. He had never seen a spauner in Hong- kong exactly resembling the
one pro- duced. His reason for making such a statement was that he had fled the spar ner in question. The spanner was used every day and was always rubbed with oiled waste.
Mr. Lowie-This spanner is an eighth of an inch thick with rust.
THE MONTEITH CASE.
FIRST DAY OF HEARING,
In H. M. Supreme Court at Shanghai naughton alias Miriam Monteith came on Friday, the case against M. Mac- on for hearing before Sir Havilland de Sausmarez, Judge, and the following jury:A. Brady, H. G. Higgings, P. L. S. Livingstono was challenged by Mr. Byrne, C. Haughton, and J. S. Dongal. Bell, and A. R. W. Menzies was excused from attendance,
His Lordship-He ought to be, or a approached by a certain person, and
warrant should be issued for his arrest. What was said to then was calculated to
Counsel said he was in Court earlier in the_morning. A
His LordshipWhy has he gone away Who gave him leave to go t
Counsel eaid that the conduct of the
have the impression of changing their rainds.
call my attention to the matter. Is the His Lordship You are quite right to person present in Court?
The Juror-Yes, my lord. to let me know who it is..
His Lordship-I shall have to ask you
If you please. The Juror-Shall 1 write it on paper
case was in the hands of the Crown Advocate. A list of the witnesses show ing the order in which they would be called was shown to Mr. Bickerton by properly gathered that he would not be of paper and this was handed up to his Mr. McKean and Mr. Bickerton very
The juror wrote a name, or required for some time,
a piece Ho had not | Lordship. given him leave to go.
Lordship (after perusing the Clerk of the Court--Mrs. Shorrock,. stand up.
the Court and his Lordship addressing Mra Shorrock stood up in the well of her said: You will retain in Court until the close of this trial when the mat ter will be gone into.
Miriam Monteith was charged for that in attendance unless they were excused
M. Macnaughton otherwise called His Lordship said witnesses should be note):-Mrs. Shorrock; she on September 13th, 1910, unlawfully by the Cour knowingly and designedly did falsely. pretend to the Hongkong and Shanghai Banking Corporation at Shanghai that a certain paper writing in the words and figures following:-
No. 19.
New York, September 13th, 1910. The Equitable Trust Company of
New York. Pay to the order of Two hundred and fifty $250.00.
Dollars
M. MACNAUGHTON.
Hongkong and Shanghai Bank, was next C. H. Ford, sub-accountant at the called and gave evidence with regard to the account opened by Miss Macnaugh ten. The Bank bought from her a cheque of the antount of 8250 Gold, crediting her with 8534.53 local entrency.
When that cheque wits sent for collection it was returned marked no account," meaning that it had been drawn on a depleted or non-existent account. The Bank got nothing for it. They received another cheque for collection and it was sent for
Was
that they must not allow anything that Addressing the jury his Lordship said had been said to them to influence them to do so, he would have to discharge the in the trial. If he thought it was likely jury.
change our minds on the matter.
The Juror-We assure you' we shall not |
THE DEFENCE.
produced and delivered to the said Hong-marked "no account." Both were signed his Lordship observed that the Crown which the said M. Macnaughton then collection, though the Bank did not buyceedings were continued.
The incident then closed, and the pro- it This chequo also returned When Mr. T. L. Bickerton was called then was a good and valid order for the the Bank on the 300 account had not with regard to Mr. Bickerton's recognis kend and Shanghai Banking Corporation M. Macnaughton. The small balance at Advocate could make an application payment of money, to wit, for the pay been applied for, and no explanation had ances afterwards if he wished. ment of Gold $250 United States Cur
been received from Miss Macnaughton as M. Macnaughton then had authorityDecember last the Hongkong branch of not Mr. Bickerton's fault. rency in money, and that the the said
to the dishonouring of the cheque. Insigned a cheque on the bank and it was Mr. Wilkinson said that he had already draw a choque apun a certain Bank known as The Equitable Trust Company the bank cashed a draft on Peking for of New York by means of which said
£80 issned in London and payable to false pretences the said M. Macnaughton Miriam Monteith. He had compared the accused having stopped at Bickerton's After Mr. Bickerton had spoken to the did then unlawfully obtain from the raid ignatures.
His Lordship-What is your experience the jury. He criticized the way in which Hongkong and Shanghai Banking Cor
Hotel, Bubbling Well, Mr. Boll addressed Mr. Melbourne--It would not take longporation at Shanghai the sum of Mex.in regard to handwriting? for it to got very rusty in this weather.
$532.39 with intent to defraud whereas Witness-I have been at the Bank fifteen the prosecution had carried out the iden in truth and in fact the said paper writ-years and during that time it has been case that rested absolutely on the ques- tification of the accused. This was 4 It was probably made locally.
ing which the said M. Macnaughton then the custom refer cheques to me for tion of identification and the greatest Witness said he would have to climb produced and delivered to the said Hong- consideration of signatures. out of the engine-room in order to see
kong and Shanghai Banking Corperation
Continuing, witness said he compared sel quoted the Beck case, and then pro care should have been exercised. Coun anything that went on above deck. If the payment of the sum of Gold 8250 that of M. Macaaughton and found there receipt of a private income of £1,000
was not then a good and valid order for the signature of Miriam Monteith with ceeded to say that the accused was in he was out of the engine-room, he would in money and whereas in truth and in was considerable resembisuce, and pro-year and she also added to this by lectur not be able to answer the engine-room
fact the said M. Macnaughton had not ceedings were taken. The dealings with ing on theosophical subjects. hell promptly. He was still detained by the said Bank known as The Equitableness and he did not see her at all.
then authority to draw a cheque upon Miss Macnaughton were not done by witcused knew Miss Miccnaughton, whom she the police to give evidence, though he Trust Company of New York as she well
very much resembled, but Miss Mac- naughton was two inches taller. knew at the time when she did so falsely
latter left her despatch box with the was not a police informer.
accused and this contained the variona pretend as aforesaid against the form of the Statute, etc.
cheque books found upon the prisoner: when
Arrested.
Inspector Kerr stated that he heard
went
of the robbery on the steamer at 5.30 a., on the morning of May 9th. He to the charge room, and sub- sequently went off to the steamer, which he boarded shortly after 6 am,
The faunch on. 'No. 1 beat, from Blake
Mr. H. P. Wilkingom, Crown Advocate, prosecuted, and Mr. E. 8. Moberly Bell defended:
Mr. Bell (Cross-examining)-You have po personal knowledge of these things at the time they happened 1--No.
You are simply here to produce the re cord of the Bank t-Yes.
have been given by Mr. Alabaster of his 1 Pier to Shek-tong-tsui, could not have alleged being that she went to the Hong- here Yes.
intention to raise that defenen.
Mr. Alabaster replied that he had to see what was going on aboard the take it then, but he did not wish to em-
Soshu Maru. When he boarded the Jurass his friend.
steamer, the "after" batch cover was
afterwards.
His Lordship decided to hear the evi-partly open. The strong room door was dence and have the point of law argued opened outwards. The cargo had been removed sufficiently to allow the strong Mr. Potter then outlined the facts. He room deor to be opened. He saw the said that in June last Mohideen and an-mark of a chisel just below the upper other man entered into agreement to start lock un the port door. The tongue of the a motor garage in Queen's Bloud to be upper look was bent and the lower lock known as the Kowloon Garage, but bufore had also been tampered with. If he had they commenced business Lau Nga Po been provided with the chisels produced and a man named Chen, who was Lau's
[ he could with assistance have opened the brother-in-law, paid a visit to Mohideen and spoke about the garage which he had strong room door. With the aid of a contemplated. He remarked that there
piece of wood he moved the nuts on the was no use in their competing with each door with the spanner produced. As far other and suggested that they should as he was aware, the ship did not signal enter into partnership, It was agreed for the police. If they had, the police that they should do so and terms were launch would have been alongside in drawn up. Sau Kau and Magi Dallah, from five minutes to half an hour, the partners in the Kowloon Garage, according to her position when signalled. were to be taken on as employees in the The launch was hailed as she was pass
Defendant was to invest ing about 4.30 am. The police were thus $1,000 and Lau was to put in $10,000, very much prejudiced in their chance of the former to receive two-fifths of the catching the thievos, profits and the latter. three-&fths. Mohideen was to get no interest on his money, but Lau was to get eight per cent. Two cars were ordered from Manila, and Mohideen was instructed to order two second-hand cars from Lon-
new garage.
The case was remanded.
THE MAGISTRACY.
A woman from Shaukiwan was fined don through Arcalli, but Argulli, not 888 by Mr. Irving at the Magistracy knowing the Coronation Garage and yesterday for being in possession of nine knowing Mohideen, insisted upon the taels and five mace of opium. grder being signed by Mobideen.
Evidence was heard and the case ad- ! journed.
BIG GUN MAKING IN JAPAN.
The ac
The
She
Mr. Hunter was the gentleman who The accused was then called and she dealt with Miss Macnaughton ?--Yes. said that her name was Miriam Monteith the Crown Advocate said that the defen- recently 3-Yea
In opening the case for the prosecution,And he was in Shanghai until quite She bore out counsel's statement with regard to Miss Macnaughton whom she dant was charged with obtaining money You knów Miss Monteith passed said she met at Kobe. When the latter by fales pretences, the false pretences through Shanghai while Mr. Hunter was left she failed to take with her the despatch box containing the cheque kong and Shangbai Bank on September It would have been just as easy to cash | books, 13th, 1910, and pretended to thema that a the draft for £50 at some other bank !--- Cross-examined, the accused, said that certain order for payraent of money by Yes.
ahe received the £1,000 a year from the the Equitable Trust Company of New J. D. Smart, sub-manager of the Hong.executors under her father's will. in the name of M. Macnaughton, a good as to sending certain documents to Lou- not the spending of all her money berself. York was, if filled out and signed by her kong and Shanghai Bank; gave evidence was thirty-four years of age, but she had and valid order for the payment of don, one of them containing his opinion three months she kept a house in London She was allowed £1,000 a year and for inaney to such person as should be named with regard to the resemblance of the which cost a monthly rental of £100, on the cheque as payee. The Bank placed signatures. He gave an opinion that the When in Peking she admitted that she to the credit of the accused in the name two signatures were similar. of M. Macnaughton the sum of 3564.53
was hard pressed for £50 and she wired local currency. cheque book which she proceeded to use. She was also given a
her trustees for money but she receiv
no reply 539.39. Then it was found that the Cheques were drawn to the extent of
your trustees? I refuse to answer the Mr. Wilkinson--What are the names of cheque which sho had presented to th
question, because I don't want my friends to know the position I am in I don't Bank was a bad one. One defence might be an alihi. It might be there were two or more persons who made mistakes in bank notes and cheques and whose names began with M. Therefore it was the duty before the Court as would reasonably of the prosecution to bring such evidence convince the jury that the defendant pre- sent in Court, who had been arrested in the name of Monteith, was the same person as M. Macnaughton who got that money from the Bank in 1910.
113
drawn contre.
In answer to Mr. Bell, witness said he
writing. He simply gave his opinion. did not set up as an expert in hand
experience?
His Lordship With a good deal of Witness-Yes.
to
ed
things which I need not deal with retically never has happened in. Shang because it is one I believe hai, and I believe will not happen again, know that she has been guilty of most but I must let not only the defendant improper conduct, but also let the public know that it is a matter I shall deal with on another..ocension. I inflict a fine of £10.
The Court then rose."
--Y.-C. Day Néwa
INTIMATIONS
SUFFERED 14 YEARS WITH SORE HANDS
Itched and Burned. Skin Came Off, Leaving Them Raw. Tried Cuti- cura Soap and Ointment. They Soothed from the First and Cure Has Stood Test of a Dozen Years.
"For fourteen years I audiered with my bands. The skin came off in patches, bozgving my hands raw. They liched terribly and ti I rubbed them, water oozed out, leaving them worse than before. My thumbs and first fingers were the worst, the skin came o, leaving a red, smooth surface. They itched and burned terribir. Other parts of my hands became affected, the skin first drymg ua and peeling off. They were drawa together and I could not grasp anything,
"I tried various ofatasents, but they did be no good. I want to five direront dusipas baving medisine and otuiment from each, bụi all to no purpeen. Oge of the doctor told they would never be cured, another sold ------- the vit was all dried up out of the skin. Not one Fave me any hope of ever being cured. A friend thought one of my Ingera was withering away. I tried various olat- menta recommended by friends, but they all failed to cura. After some time, a friend told about the Cuticura Remedies, having tried then with recess for bayle sitaliar to nine. I tried them, and I found that nothing tied such a soothing and cooling effect. They acted wonderfully, and I rolled the soothi ing cffect from the first. cty hats wer completely cured by the Cuticure Hosy and Olotment. It has stood the test of a dozen Fem. It wgs
Maitse lkn 16. gonderful, I never say 203- merabers of the house- hold have benedied by it, and wo era sover without a box. (Grmed) Mira. Alce Blomber $29, Urbænd 83.. Rochdale, Eng., Jan. 3, 1911.
Dillcuta Soap, and Cutlers Ointment acord the speediest and most: economical treatment for skin and acalp humours, of young and old, A single act is ofte Uuticura Boap and Olotment arcsold out the world. A sampio of end with 35-p. baak oo
akia and scalp affections pout-fres fruta bosrest depot: F. Newbory & Sons, 37. Charterhouse Sq., London, K. Towns & Co... Bydney N. B. W., Lennon, 13d., Cape Town: Muber Maclean & Co., Calcutta und Potter F.A 0.0oranle propa. Boston
Chs.
J
87-8
Gaupp
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ALEXANDEA BUILDINGS,
CHATTE ROAD.
the want them to know that I have been Always here on hand a very large compista
Vivian Heathcote Bourne, of Municipal Council's tax office, gave evi-arrested on a false charge. dence that in September, 1910, he was Mr. Wilkinson-I had better tell you staying at Bickerton's hotel and at that the danger that you are in. If you don't time there was a Miss Macnaughton stay-answer the question I shall point out to accused. ing there. He identified her as the the jury, subject to his Lordship's ruling,
that these trustees are not there.
Accused Oh, yes, they are, but I shall not say who they are,
In answer to Mr. Bell witness said he knew Miss Macaaughton quite well. He was asked to give a description of her before the identification, and when he
identified her she was alone.
Det. Sergt. Brewster gave evidence as to taking accused over from the Hong kong police and receiving certain docu.
Mr. Wilkinson produced a cheque that had been presented for payment for e sum of 85,000 and bearing the signature. of Miriam Montaith. The accused denied that the cheque was here or that it was her signature. The latter was like ber hand-writing.
Re-examined, the accused said that she was not an intimate friend of Miss Mac- naughton.
MRS. SHORKOCK FINED.
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A. Standish Fobes was then called and stated that in the autumn of 1010 he met a lady named Macnaughton. She dined |
witness' hou8 00 two occasions. ments from them. From her conversation witness judged Sergt. T. Murphy, of the Hongkong that she was a well informed woman. He police, stated that he arrested the accused saw her upon one occasion at the Inter in Hongkong, identifying her from the nations! Institute. She told him she was description which had been given to him, At this stage the Court adjourned the (T Squares, Set Squares, Straight Edges,
Scales, Inks, &0., 20.) correspondent and a contributor to and which had been telegraphed from case until Friday morning to enable the Scribner's," and that she was here for Shanghai. He arrested her at the Peak prisoner, to produce certain papers from connection with her work and that she He did not make a systematic search of the purpose of getting information in Hotel on the afternoon of April 27th. the gaol. was writing a book. She was dressed in her room, bat seized some documents. His Lordship then intimated that he black and her hair was plainly done and Among these was a blus unsealed envelope would deal with Mrs. Shorrock and the
across the forehead from the lying on the bed, which contained forty lady was ushered before the bench.
His Lordship-The complaint has been She gave witness the impression two loose cheques drawn on the London that she was an English lady who had County and Westrainster Bank. He also made by the jury which you have heard; The storekeeper of the steamer Bessie travelled & great deal and was very well found four cheque books from banks in what have you to say?
You spoke to Dollar was charged before Mr. Irving at informed. He understood from her that Beyrouth, Rome, and Simla, and might prejudice their baving & proper
them, about this case in
away: which the Magistracy yesterday with having her father had been British Consul at packet of photographs. There was very decision by hearing things outside which stolen 130 or 150 tins of paint, and 0 Teheran, and she claimed that her mother expensive clothing in the wardrobe. cases of nut oil valued at about £25 10s.
was an American and a Virginian. Wit- At this point Mr. Wilkinson suggested they ought not to have heard during the news wrote a letter for her, introducing that the Court should adjourn, and said luncheon interval and the adjournment of Defendant was convicted, and sentenced
the Court. to three months' imprisonment.
*** Miss Macnaughton, of New York," to he would call Mr. Bickerton after lunch. the Hongkong and Shanghai Bank and; His Lordship-He ought to be in atten- telling them that, she wished to open an dance.
Mr. Wilkinson-He saw the list of wit Before Mr. Irving, a Chinese was account. He identified the accused as the
of introduction person referred to by him in this letter nesses and thinking that he would not
be required for some time went away. Mr.. Bell (cross-examining)-You were His Lordship-It is most annoying
The evidence of identification ought to were you -I was quite certain.
have been given at once, but it has been. dotted about the whole proceedings.
1
The Osaka Mainichi observes that the construction of three big battleships, each of 28,000 tons, which has been just started in Japan-one at Yokosuka to bo named the Hige, one at the Kawasaki charged with being in possession of 50 yard to be named the Harime, and one counterfeit coins. Mr. Shenton (Deacon, at the Mitsu Bishi yard to bo named The Kirishima has aroused a great deal Looker & Deacon) appeared for the de- not so certain the first time you saw her,
of
are
attention among the naval authorities fence and admitted that defendant was of foreign Powers. The 14-inch guns to in possession of the coins, but stated that any at first, that I could not be absolutely At the Police Court you eaid-" I did be mounted on these new battleships also to be manufactured in Japan, a fact he was a trader in a big way in Hong-sure"-I was morally certain. which is said to have awakened a still kong, and was not aware that the coins were not certain? I wished to be quite Why did you tell Mr. Douglas you greater amount of attention. The guns. are to be made at the Japan Steel were had. It appeared that he arrived certain, and sat and observed her. When Foundry's works at Muroran, the breech on the 22nd by the se. Honam, and the I saw her in conversation I was very blocks and other important parts being coins were discovered, by an excise officer certained made at the Kure Naval Arsenal. The who searched him for opium. proportion of home-minde and foreign fendant was discharged.
material used in building warships in
But you were not certain at first 1-
Mrs. Shorrock-1 am exceedingly sorry that I said anything, not knowing it was Had against the law to say anything.
known I would not have it.
said Mre Shorrock was proceeding when his Lordship observed that she had better be silent as it would not make it any bet ter.
Addressing the jury his Lordship said- Gentlemen, you were quite right to bring. Mr. Wilkinson said it was a matter for this matter to my notice, and I will tell the prosecution to decide the order in you why. It is not only a question of which the witnesses should be called, dealing with anyone who offends but in His Lordsbip-Are you going to call order to assist gentlersen on the juries your witness or not?
in Shanghai. I never exercise the power Mr. Wilkinson- ask you to adjouwhich I have of keeping juries together:
is a convenient time-12-20.
I always allow them to go about their
This
His Lordship-I am not going to nd-business at intervals, and I have always De- Just for a minute. I was more certain journ. You know perfectly well that the found I have been loyally supported by than I was in doubt.. Mr. Douglas rule of the Court is to adjourn a 12.30 the public of Shanghea and by juries People outside bave not, pointed her out as the lady I was ex-unless there is some strong reason for themselves.
Japan is getting more and more in favour of home made materials The principle of Mr. E. A. Irving held an inquiry pected to identify, Mr. Douglas said to not doing so. You must call your witso far as I know, and so far as I believe,
her: I believe you know Mr. Fobes?" ness or close your case. She said she did not recognize met bias
And then you turned away and you
The name of the witness was then call ed, and on being informed that he was not present, his Lordship said: I shall order his recognisances to be escheated,
Mr. Wilkinson then applied for an ad- journment until 8 o'clock,
Ris Lordship-1 shall adjourn until
the Navy Department of building ships yesterday into the circumstances con- at home has now been placed on a firm nected with a fire which occurred at 23, foundation, and official convictions regard to this principle have been Connaught Road early on the morning were not absolutely certain No. There strengthened by recent accomplishments of June 20th. It transpired that the was a natural reservation not to condemn
previous evening was a festival night.. a person without being quite sure. The managing partner, Wam Kani Yau,
I put it to you that this lady is not said the value of the stock on the pre-remember to a quarter of an inch. Her 15
BO tall es Miss Macnaughton 1-1 cannot
The Portuguese Minister at The Hague and the firm carried insurance amount-
misos at the time of the fire was $40,000, manner and general appearance and the stated last month in an interview with
movement of her lips all pointed to her being M. Macnaughton.. n representative of the Faderland thatng to $19,500),
THE PORTUGUESE COLONIER.
his Government had no intention of The evidence threw no light on the dividing the Portugueso colonica into origin of the fire.. spheres of commercial influence or of selling the Portuguese part of Timor.
AN ABSENT WITNESS.
In reply to his Lordship, the Crown The inquiry was adjourned until July all the evidence of identification the
Advocate said he did not propose to call fend.
Mr. Bickerton was not in Court,
tried to talk to juries in a way in which they ought not. It is very important that that should be so, otherwise it would be impossible in a small place, where people might talk, that I should be able to dis- perse-juries in the very free way in which I am at liberty to do. As regards Mrs. Sharrock's offence it is an outrageous one to speak to gentlemen of the jury who are solemnly sworn to give a verdict on the facts and to deliver justice-be- tween the Crown and the prisoner, at the þar on a very serious charge; a charge which might be more or less serious than this, at all events a criminal charge, which is always a serious matter. Any of my fellow jurors I wish to point out severely
A juror (rising):~My lord, on behalf attempt to influence a jury must be
dealt with.
am glad that two members of the jury have been to say. that this is one of those
A SENSATIONAL INCIDENT,
On, the Court resuming the case took a somewhat sonsational turn, the jury complaining that they had been spoken to on the subject of the trial. When his Lordship took his sent the following dialogue took place.
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