LOCAL CHINESE MERCHANTS' DISPUTE
AN UNEXPECTED DEVELOPMENT,
RIVAL WITNESSES 'TO CUT OFF COCK'S HEAD IN CHINESE TEMÍPLE.
The civil enuse which has occupied the attention of His Honour" the Chiei Justice (Sir William Rees Davies, K.C.).
since Tuesday morning was unexpectedly adjourned yesterday afternoon, to allow three of the Chinose concerned in the case to take the Chinese oath by cutting of a ceck's head, ja Chinese temple, in support"of the several statements 'they had made damaging each other,
Judgment had been obtained against the Grm of Kwong Hing Cheung, which Failed in February. 1918, for 89,039.20, by Li Man Kai, who now declared that a Chinese named Chan U Man was a part ner in the firm and therefore liable for its debts.
- +
Hui Chik Wa, a former managing partner of the firm, had given the most important evidence for the plaintiff, while. Chan ¦ Man, the defendant, had in his tura, sworn a complate denial to most of Hai Chik Wa's statements.
Yesterday morning was occupied in. hearing the "evidence of a one-time shop | manager, who made such startling charges against Hui Chik Wa that His Lordship admitted that if he believed the witness's story he must regard the story of Hui Chik Wa ns completely false.
Witness offered to back up the truth
12
of his statements by cutting of a cock's heart in the temple, and Messrs. Jenkin, and Alabaster made the suggestion that Hui Chik Wa and Chan U Man abould take the path in the same manner. This was accordingly arranged and the case was.adjourned.
.
THE HONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 1513, 1918
Mr. A'abaster remarked that witness would not even send money to the Flong- kong and Shanghai Bank without re- quiring an acknowledgment.
Witn... Teplied that he trusted Chan U Man. Besides, he had acted on
the instructions of Hui Chik Wa in the
matter.
His Lordship said that he did not believe witness would send money to anyone without getting an acknowledg⋅
LOUNGING IN COURT.
MAGISTRATE'S ADVICE TO
DROWSY CONSTABLE, ...
THE BITER BIT SERIOUS AFFRAY IN YAUMATI REFUGE.
Some amusement was created in Mr. ·POLICE CONSTABLE IN THE DOCK.. Wolfe's Court at the Magistracy, yester- At the Hongkong Magistracy, yester day, when a Chinese lukong was obday, before Mr. E D. C. Wolfe, three served lounging on one of the benches in Chinese were charged, on remand with rather drowsy condition. Presently having assaulted certain Chinese with
haring bad he commenced yawning. The Magistrate, intention to commit a felony. . The first
his attention directed defendant, &
constable in the Water to the master, administered the follow Felice, was further charged with having
ment. A statement of that sort would going reproof: "If you are tired you had misconducted himself in his capacity as against the whole of his evidence.
In reply to His Lordship, witness said that he had taken the money to the Tobacco Company persoasily,
At this stage witness showed signs of fainting. and Mr. Alabaster said be would stop cross-examining witness as regards the money for the present. Wit- ness was given a seat.
In reply to His Lordship, Mr. Alabaster said that the document in Court was the original document.
His Lordship: And you suggest that the addition was made after the docu. ment was photographed
Mr. Alabaster replied that this was so. He suggested that the witness" state. ment that he had kept the document in his clothes bax was not true,
Witness, continuing, said that the firm failed in February, 1918.
Mr. Alabaster aid that if the witness had kept the document in his box for a year before the Arm failed, the document must have been photographed before. February, 1918.
Witness answered that Ka Ping Nam had borrowed the document in 1916. He suspected that Ku Ping Nam had had the document photographed on one of the ocensions when he had borrowed it. Wit news' suggested tani Ku Ping Nam had premeditated his action (photographing the 'document) for the purpose of getting some rich man into the business, gờ that, if the drm failed, all Ku's relatives, who were interested in the firm, might get
Fung Yuk Nam, at one time manager of the firm's shop, deposed that he was present at the meeting when the document in 'Court was signed by all the partners, .confirming certain resolutions, which had In reply to Mr. Alzbäster witness ad been passed, on the occasion of the retire-mitted that he thought that Ku Ping ment of Hui Chik Wa. The document Nun and others. with the plaintiff, bad
in question was written by Chan U Man, and, after all present had signed it, was given to him for safe custody. On two or three occasions Ku Ping, Nam, the managing director of the firm, took away the document, but witness had not given it to anyone else.
Witness said that, at the meeting, there was no talk of having the,.document photographed, so that the partners might receive copies. As far as be knew, the document was nos photographed.
Witness deposed that he remembered a conversation With Hui Chik Wa, who was instrumental in starting the firm, in which the latter had said that the name
Chan U Tong" on the document re ferred to a woman-Chan U Man's elder
sister..
Cross-examined: Witness admitted that he was a partner in the firm of Kwong Wing Cheung, and was therefore
·liable for its debts, but he had no money to pay. The firm was in existence for five years, but during the whole of that time witness had no communication with one
Xera
their money.
conspired and committed a furgery two years ago, so that they would be able to avoid the claim for $3,000 at the pro- sent day.
Man was
&partner.
Witness said that on February 14th, 1918, Hui Chik Wa invited him to his house and asked him whether he wished to make money, and start another firm of Kwang Hing Cheung. Witness asked what he had to do to make the money, and Hai Chik Wa replied that there was friend of his who had sued Chan Mun as a partner, and äll witness had to do was to go to Court and testify that Chan
Ha (witness) would then make some money. Witness pointed out to Hui Chik Wa that be (tiui) had said that Chan U Tong was a woman, and he could not now say that Chan U Tong was a man, Hui Chik 'Wa scolded him and told him to go away. and think about it. At the end of February Hui Chik Wa sent for hum sin and asked him if he would do as he was asked. Witness refused, saying it was well known that Chan U Tong was a woman. Hui Chik Wa then called
him a silly fool; there was money to be made and witness would not make it,
Baid Hui
3
In the middle of May witness went to a medicine shop to get some medicine and again he met Hai Chik Wa, who again pressed him to acquiesce in the matter. Witness once more refused, saying that it was well known that Chan U Man was not a partner. Hui Chik Wa then told witness that if he wanted to get rich he should get a chop made similar to Then, said Hui, he (Hui) would get an the old chop of Kwong Hing Cheung.
old promissory note for $18,000 and sue Chan U Man for the amount, which be (Hui) 'would divide into three parts be
of the partners (Chan U Tong). He only knew that Chan U Tong was & woman because of the conversations ne had had with Hui Chik Wa and Chan U Man.
His Lordship said "it seemed as if in these Chinese firms the " partners" were nothing more or less than shareholders. The business was only run by two or three men; the others were "sleeping." part- Mr. Alabaster said that the defendant was one of thoes who ran the business.
Witness, continuing, said that Hui Chik Wa had not asked for a copy of the document notifying his retirement, and had not been given one. Only one copy had been made, and that witness had kept in his possession. Witness also in, and not to be afraid, saying there kept the firm's books, which were now in even if there was money to be made, he was money to be made. Witness said that the possession of Ku Ping Nam, who had absconded. On the occasions when Ka would not join in such an unprincipled Ping Nam had borrowed the document, thing." he had hinted to witness that it was a most important document, and witness consequently thought that the best place to keep it was in his box, among his clothes, hence, its preservation when all
the other books had disappeared along
with Ku Ping. Nam.
Witness remembered that Chan U Man bad produced, at the meeting, a letter from his sister, authorising him to be present on her behalf. This letter wit mess had not preserved because it was addressed to Chan U Man and not to the firm.
The Chan U Tong interest on capital was handed to the Hongkong Tobacco Co., was of Chan U Man's Arme, to be trans mitted to his sister,
Mr. Alabastor observed that Chan U Man had denied having received any bia sistor. He saked money on behalf witness whether these suns would appear Witness said he could not tell whether the sums were entored in Chan U Man's. books. The firm used to get receipts from Chan U Man's sister and not from Chan U Man, whom witness trusted because he was a thoroughly, honest and reliable
in Chan U Man's books:
man.
tween himself (Hui), witness, and another man The third person was connected with a solicitor's office. Witness declined to have anything whatever to do with
better go to bed. This is not the place | for you to stretch and löll about. If you are feeling drowsy, get outę go home and take a sleep."
constable.
..
Inspector Gordon prosecuted, with the assistance of Mr. G. R. Haywood, who watched the case on behalf of some of tha "spector Macdonald informed the sampan owners. Mr. M. K. Lo appear- Magistrate that he would report the ed for the constable, and Mr. F. X.
sleepy offender" to the Captain-d'Almada for the third defendant.
The case for the prosecution, as related Superintendent of Police,
The Magistrate observed that this was
"by Inspector Gordon at the previous hene. the second occasion on which he had had that the three defendants and
to call attention to constables lounging about in Court. Indian constables were addicted to the same habit
CHINESE GIRL'S PARTIALITY
FOR STATIONÉRY. "ALLEGÉD. FALSE PRETENCES.
A- SUNDAY SCHOOL PUPIL.
At the Hongkong Magistracy, yester day, before Mr. J. R. Wood, a young Chinese girl was charged, with obtaining stationery under. false pretences.
Inspector Sullivan stated that defend ant want into a stationer's shop at Queen's Road Central, and said she be longed to the Wink Luk shop and was a sister of Wong Sui Wi, managing partner of the firm. She ordered books to the. value of $15, and the stationer, who knew hesitation in supplying her with the the Wing Lak shop very well, had no
stationery required. She again visited the shop on September 6th and ordered another package of books. She paid a third visit on September 10th, Becoming saspicious, the stationer telephoned to the Wing Luk Arm and enquired whether they had a Chinese girl who was working as an assistant in their establishment, and received a reply in the negative The Folice were informed and they arrested the girl Enquiries showed that the girl wag employed as a servant. She stated, however, that she was a student, and was attending a Sunday School carried on by Miss Pitt. Miss Pitt confirmed the latter part of the statement and added that she first met the girl wandering in the streets and took compassion on her. The de- fendant had further informed the Police that a portion of the stationery she had ordered was at No. 2, Hollywood Road. The Police visited the premises and re- covered stationery to the value of $94. Altogether, $80 worth of stationery had been purchased by defendant, including 19 dozen pencils, a dozen books, 6 writing pads, 4 inkstands, 11 ink erasers, 200 sheets of letter paper, etc.
Mr. Wood remanded the case till today.
another constablo went on board a sam
They met with a very hot reception, and paa with the intention of stealing opium
in the commotion that resulted at least two of the defendants were badly handled. The constable was found, semi-conscious, in the water, while the second defendant was found, bleeding, säd bound hand and foot, in a boat.
When the woman who took the defen- dants in her boat to the sampans was being examined, Mr. Lo objected to Mr. Haywood and Inspector Gordon both taking an active part in the prosecution." He contended that Mr. Haywood had no fuck mandi whatever in the case. He did not mind Mr. Haywood assisting the Inspector by prompting him, but he cer tainly objected to both actively taking part in the prosecution.
The evidence of the woman was of such an unsatisfactory nature that Inspector
facts by putting leading questions. Gordon repeatedly tried to get at, the
this procedure Mr. d'Almada objected,
Inspector Gordon replied that the woman must be considered a hostile wit
To
ness, as she had made a long statement to him and now seemed to wish to say nothing about it."
Mr. Lo said that the Inspector had no right to consider the woman a hostile witness. It might be that she was telling
the truth.
...
The Magistrate observed that the woman must be considered a hostile wit Dess, because it was obvious that she knew far more about the matter than she wished to tell.
had no right to lead the witness. the woman had made a statement he might
question the witness as he liked. ife did hand it over to the Magistrate, who could bot want to obstruct the prosecution in? the elucidation of the truth, but ne took the line bo did on principle.
Mr. Lo submitted that the Inspector
The Magistrate commenced to question the woman, but she denied that she had made any statement to the Police. After some minutes had been speat in trying to get her story, Mr. Lo expressed the opin on that she was stupid rather than ho tile. The Magistrate agreed, adding that he really thought at the beginning of the case that she was trying to hide
the facts.
Mr. Lo said that both Mfr. d'Almada and he had been somewhat annoyed at the uggestion that the witness, had been got Mr. Jenkin admitted that he was to woman was stupid. He did not object to at by their clients.. It was plain that the blame in the matter. He had not been the Magistrate putting leading questions. instructed about the offer which Hui had
The Magistrate said that he did not made to witness in his house, but he bad wish to put leading questions to the wit- been told of the offer about the chopnes, because he always preferred that Because of the frequent mud-alinging in witnesses should tell their own stories. these cases he had not questioned either Hui Chik Wa or the present witness about the matter.
His Lordship observed that what im pressed him was that it seemed as if thin witness had made the same statement be fore. He had to believe one witness or the other.
ง
The main points of the evidence of the woman were that four men had hired ber boat on the night in question. She could not recognise any of them" She took them on to a sampan, and, when returning, she heard the sound of a scuffle.
The woman in whose sampan the affray seemed to have commenced said that the Witness insisted that all he had said four men first searched the sumpan next was true. He had not exaggerated. If to hers before they came on to her. When what he had said was not trae, he was they boarded her boat, the second defend willing that every calamity abould be fall sat said they wanted to search it. She him and his family. Further, he was inspector with them. The second defend. protested, saying that they had not an willing to go to a Temple and take the ant replied that they were Police con
auth a matter. Huj naked him to join oath by cutting off a cock's head, khes and all of them Pendant tried to
Mr. Alabaster said that witness would
probably he called upon to do this.
His Lordship said bs should have thought that these men were of superior education and would not attach much im. portance to the old superstition of cutting off a cock's head.
Questioned by Mr. Alabaster, witness said that Ku Ping Nam would have had
Mr. Jenkin asked whether Hui Chik to share with the other two men in the Wa would also take the oath denying the money which would have been made.
His Lordship told witness that statements witness had made, by cutting Chik Wa must have thought he was a off a cock's head. Mr. Alabaster accept blackguard to make such us eller to bimed the challenge on behalf of his client
Witness admitted that probably Hui Chik Wa thought so.
In reply to His Lordship, witness said that he did not tell any of this story to Chan U Man. He told the story to solicitor when he was subpoenaed.
Mr. Jenkin, said it had been mentioned to him that the witness had something to say in regard to suggestion that his should make a new chop of Kwong Hing Cheung. He had not attached much im portance to it, because in these cases there "was always a certain amount of mud-slinging. Besides, if solicitors at told them cases would be longer than tended to everything which their clients they were now.
His Lordship said that he thought this witness' statement was most important. if he believed it, he is Lordship) would not believe a word of what Hui Chik. Wo bad said.
to search her boat. The second prise open her box, and when she tried to stop him he hit her on the mouth. She then cried out for help and some men from the other sampans came to her assistance, Police whistles were blown, and there was a commotion. When the Police arrived, she houded the second defendant over to the Inspector. As soon as the Police Whistles were blown, the first defendant (constable) jumped into the water, and was later picked up by the patrol launch. Witness, continuing, said he thought all the three defendanta
She was quite certain that she identified The third de- that, as far as he knew, the present fendant escaped by jumping into the claims were genuine, as the debt was adjoining boats. She did not know for contracted when the firm was in existence what purpose the men came to her boat.
Some time later, Mr. Alabaster asked The watch found by the Police near the il Chan U Man was willing to join the second defendant, who was trussed up, witness and Hui Chik Wa in taking the in the
In answer to Mr. Lo's oath in the temple. Chan U Man said her husband next to hers, belongod he was quite willing to do so..
suggestion been done before by consent is four men, bat might have came on from Mr. Alabaster remarked that this had the first defendant had not been one of the His Lordship said that the hearing had the shore after bearing the noise, the better be postponed so that the ceremony witness said that the constable was one
he should have jumped into the water might be gone through. He asked whether of the party. She could not explain why dressed his desire to see the cete another boat and got ashore. There was the solicitors intended to attend.
Mr. Alabaster asid that Mr. Jenkin if he tried, he could have jumped into
the first defendant did not take anything mony, and he supposed that he, too, would nothing in her bout worth taking, hence have to attend
sway.
The second defendant said that when
men assaulted him,
His Lordship observed that counsel might not be able to charge a fee for the he jumped on to another bant, aver ten view. (Laughter.)
djourned antil
The hearing was (Continued at foot of next Column.) Monday morning
The hearing was adjourned until Mon- day.
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