AFTER FOURTEEN YEARS. 'CHARGE OF FORGING A MORTGAGE DEED. DEFENDANT COMMITTED TO THE SESSIONS.
By sitting late, the Court, yesterday satternoon, completed this heating of the -case in which Pang Kon is charged with forging a mortgage dced by signing his -Brother's "name. It is alleged that the effence was committed on February 23, 1007, in the office of Mr. F. X. D'Almada The defendant has spent some years in America and only returned to the Colony this year, when he was arrested at the instance of the man who lent $4,000 on the mortgage...“.
In 1910, the mortgage deed foruted the qubject of an action, originated by the
· defendant's · brother, in tha Supreme Court, and it was then ordered by Mr. Justice Gompertz to be cancelled and im pounded.
At yesterday's hearing it was intimated that, since Mr. D'Almada's return to the
Colony the previous day, the solicitors of both the complainant and the defendant had been taking steps to subpoena Mr. D'Almada tö give evidence .am to the -execution of the alleged fraudulent" deed, before' him, in 1907. He actually attend. ed on the subpoena of the "prosecution.
MEMORIES OF YOURTEEN YEARS AGO.
THE HONGKONG DAILY PRESS, SATURDAY, MAY 31st, 1921
The Magistrate: That, again, is not an opinion, that they might have been." Can you say dsinitely that they were, of that they
were not, written by the same person 1
AN UNLUCKY FELLOW. INJURED, AND CHARGED WITH THEFT.
THE UNJUST STEWARD. OHINESE APPLICATION OF THE PARABLE.
A month ago a Chinese constable found When the fire occurred at the peanut. After a further examination of the a man lying, early in the morning, in: oil factory at Samshuipo a "week ago, signatures for soms moments, the witjured and unconscious, outside No. 420, sertain fokiz were permittell, to remove ness said, "I think they are the same Reclamation Street, Yaumati. Above bis their belongings from a house which is handwriting i "
head dangled a broken rope and by his part of the premises, and which, it was The Magistrate: Can you give any side were two baskets, identified as leured, at one time, would catch fire: reasons for that?
having come from the house.. The man | A s precaution, their bundles were The witness indicated points of sirai was taken to hospital, and, on his dis-searched and in one of them were found larity and when shown the real Pang charge, was charged, yesterday, with the works of a clock and some blankets, Ho's" signature, at the foot of his evi.being in possession of stolen goods. which belonged to the owners of the dence, he said, at once, That is quite In his defence, he told the Magis factory, Charged with unlawful posses- different."
trate (Mr. G. N. Orme) that hesion, at the Magistracy, yesterday, the WAR assaulted by a party of, men man gave a explanation that showed ho and left unconscious there. Why his bad followed the "principle" adopted assailants should leave stolen property by the unjust steward in the parable. He by his side he did not explain, but as foresaw, he said, that he would suffer The Magistrate agreed that the evi- be declared that he could find two men unemployment us the consequence of the dence was given rather in answer to his who were with him and who could vouch fire and be took a few things to raise questions than to Mr. Jenkin's and gave for the truth of his story, the Magistrate money to get back to the country. The Mr. Alabaster an opportunity to cross-granted an adjournment until to-day, to Court required him to postpone his plans examine.
give the defendant an opportunity of for six weeks, providing him with both clearing himself. The young fellow still employment, and accommodation in the limped and the police said he had hurt meantime. his leg badly and had also sustained
Mr. Alabaster: When I did not cross examine, there was no evidence. Ohrit ously, it the Court practically calls on the witness to give some ovidencó ——~,
Mr. Alabaster (to the witnesa): Do you adhere to your opinion that pos sably this may not have been written by
the no person?
Witness: think they are written by the same person.
Why didn't you say so before
internal injuries.
Was JOINT "POSSESSION" OF A
It because the Court asked you 3-No, I did not do them write it.
Mr. Alabaster: How often does an ex
pert see the specimen written on which he is called to give evidence t
GOLD RING.
Five Chinese were charged, at the Mr. D'Almada said he had no per
yesterday, with the unlawful posses Magistracy, before Mr. R. E. Lindsell, sonal recollection of this transaction,
sion of a gold ring. The Magistrate in- which took place fourteen years ago, but
The witness explained that ofton sigan quired how five men could passess be produced his diary for 1907 which tures were written in his presence for that it was found in the first man's pillow, 90s ring. Sub-Inspector, Macdonald said contained entries relating to the pro-him to examine and compare.
bus the others were in the room at the -ceedings. The salient features of these The Magistrate asked Mr. Alabaster if time. The ring was believed to be part were that the name of Pang He was his questions were not rather reflecting There was a possibility of a charge of of the proceeds of a highway robbery. given as the mortgagor, and these words on the impartiality of the Court,
highway robbery being preferred against "Attending Chun Poi Cheo Mr. Alabaster: Not a bit." I was reall of them. He asked for a remand in flecting on the politeness of the witness order to give the police time to make enquiries. The Magistrate remanded the The Court has a right to press, foranceused until Monday. definite opinion and the witness oblig ingly gave, it
Gccurred:
on calling, and he informed me he knew
ang Ho very well"
Mr. Jaskin (for the complainant): For what purpose did you make that entry.
Mr. D'Almada: För purposes of identity: I did not know Pang Ho.
Is that the usual method of satisfying yourself 1—It is one of the methods. A other method to send to the solicitors whe prepared the last deed, to identify. In this case, when the mortgagee tells me himself that he knows the man, there 18 no necessity for doing that..
The Magistrate Yes, but not an opin. AN EXCUSE FOR BURGLARY. ion one way. I hope I made it clear that WENT INTO THE HOUSE BECAUSE it was one way, or the other. witness): Mr. Alabaster bas suggested
• Witness:
(To the
me form a definite opinion. (*
Becution,
IT RAINED.”
DISPOSAL OF CONFISCATED CIGARETTES.
In dealing with a charge of unlawful possession of 2,700 duttable" cigarettes, Mr. R. E. Lindsell, at the Magistracy, yesterday, enquired what the revenue. department cigarettes.
did
with confiscated
Acting Chiel Preventive Officer Watt said that the cigarettes were sold to either the B.A.T!" or Messrs. Nanyang. Brothers, who paid wholesale price for them. plus duty. Half the proceeds were generally given to the informer in the case.
CANTON-HANKOW RAILWAY. CHINESE FOREIGN CONTROL
directors of the Canton-Hankow Railway. Commenting on the report that the
oppose the proposal made by the Man aging Director to borrow capital from I went into the house because it was foreign sources to complete the constric tioned you, because you though I wanted, Saiwan Terrace, Shaukiwau, at 4.30 Times says: When capital is needed. that you said what you did, when I ques raining," a man captured in a room as tion of this important line, the fonton that answer, or a definite answer? am yesterday, told Mr. G. N. Orme foreign capital is just as acceptable as Further examination makes when he was charged at the Magistracy, Chinese capital, and we can think of
some hours later with burglary. He specific cases where it would be.
Prefer At this distance of time you cannot
was caught in the act of taking a coat able Take the Canton-Hankow Railway any whether either of the two brothers,
In fairness to the witness, Mr. Jenkin off a peg so probably he would have ex- for instance. Can it be said that Chinens in Court, is the man who signed the witness box he had never soon the two was changing his cont because it oral public! A line which should be mentioned that until he got into the plained, if he had been asked, that he ungement of this road has proven ad- vantageous to the stockholders or to the dred-No.
signatures for comparison, but only one yet. Pang Ho was unknown to you, the signature and a photographic cnlarge. It was elicited that the prisoner was distress. It is bled by the officials. It Prosperous i continually in financial property was unknown, and the title than otherwise, as it would be out of that he had only just arrived in the tion by the Directors. Instead of keep- ment, which might be more bumpering an ex-soldier, a native of Kinchow, and is made a victim of nepotism and spoila was unknown: in these circumstances scale.
Colony from Swatow. would you require the production of the
This conclude the case for the pro-the prisoner was evidently stranded, theng the road in good condition so that it
Remarking that
can render better service to the public, title deeds 7-I cannot say, how, whether
Magistrate, metaphorically speaking, put this road bas been permitted to deteriorate they were produced, as it was the mort
THE DEFENDANT'S EVIDENCE.
him in dry dock for 21 days.
until it has become a second or third class line. gaga of only a noiety, but I certainly
Soldiers' control the use of Aunding to the fact that, in the course would require it.
special trains and monopolize the first In fact, I think in of the caso so of the defendant's
friends had been called by the prosecus alone, bad the title deeds, as his brother (relatives and cousins of directors) re-
many,
class compartments. A boat of employés all cases it is the common practice.
1 should think so, or enormous fraud. tion, Mr. Alabaster remarked, "I call the had executed an equitable charge in his ceive salaries for which they render defendant. My friends have, called favour. It was the basis of the complain little, if any, service. The Government could be practised. Looking at your everybody else, but it was not in their ant's case that he had never seen either takes from the earnings of the railway, diary, this is such a cusot-Yes,
power to call him." Mr. Alabaster then the defendant or his brother until a few funds which should be applied toward Further questions were directed to elicit that the title deeds must have been very briefly examined Pang Kun, the days, before the deed was signed, yet he the upkeep of the line. Chinese manage
defendant. called for on the occasion of the execu-
forced, in cross-examination, to ment is fast putting this important You know," he remarked, that it admit that the contrary was the case, and trunk line on the scrap-heap. tion of the mortgage in 1907, to the sup- ix said you executed a mortgage deed the entry in Mr. D'Aimada's diary proved facts must be well-known to the directors These posod Pang Ho." Mr. D'Almada, said he
on February 2nd, 19071" could not say positively that he must
that the complainant knew the defendant and stockholders "I did not, replied the defendant.
In fact, some direc- baze seen the deeds but he agreed that, He further denied that he had ever been very well," and could not have been tors have complained of these things to unicas he departed from ordinary prac
deceived by DA to Mr. D'Almada's offico.
impersonator. Mr.the writer. tice, he must have asked for them. He known the complainant for 20 years; he which the case for the prosecution de- of years, the line would be put upon & Even though a foreign loan He had Alabaster submitted that the evidence on may mean foreign supervision for a term also agreed that, as there was a receipt and his brother called the complainant pended was not entitled to a reasonable basis of efficiency and profit, and, when. clause in the deed, the $4,000 must have been handed over in his presence
ungle."
He went to U.S.& in 190 degres of credit and that his Worship handed back to the Chinese, it would be The Magistrate (to Mr. Jenkin): as had been alleged.
not "three months after the mortgage must be satisfied that no jury would con in much better condition than it is This evidence seems to. me to
Cross-examined, the defendant slid he vict defent your case.
"Mr. Jenkin: Really!
rather
"Mr. Alabaster (for the defence): Yes, destroys.is,
44
·WILA
now."
·JAPAN AND THE METRIC SYSTEM.
did not know, until after he was arrested, evidence would be useful, in view of the Mr. Jenkin thought a review of the side. He declared that he had borrowed time occupied by the case and the in- that the mortgage deed had been set $3,000 on February 2nd, 1907, from thetervals between the hearing He did and tells the solicitor that he knows the the complainant, at an earlier hearing, ment that he did not see the brothers The Magistrate: The mortgagee goes complainant on a promissory note. This pot agree with Mr. Alabaster that all
turned on the the complainant's state- THE NEW LAW PROMULGATED, mortgagor "very well" and now says had denied. he never, knew him at all!
Mr. Jenkin asked the defendant to tang, before the mortgage: deed was Mr. Jankin: If your Worship feels that Mr. D'Almada's evidence has under explain, if his story were true, how it goed. Mr. Jenkia" submitted that, on came about that the complainant should the evidence, no jury world hesitate to mined the prosecution instead of strengthening it
pay $4,000, the same day, to a man whom the defendant. he must have known was impersonating present.
Mr. Jenkin I take onetly the reversa
The defendant said he could not ex I have a further witness as to plain this. handwriting, which I don't think is Decessary unless your Worship desires to hear it, as there is direct evidence of two people, who say they saw the defen
The Magistrate: I certainly do, at
view.
dant write.
The Magistrate: What evidence have you in this case as to witnesses who sILW the defendant writing?
}
Mr. Jenkin: The complainant and his
nephow.
A CAUTIOUS WITNESS. Chun Kwok Ming, translator to the Supreme Court, was called. He said he had given evidenco before on handwrit ing in Chinese characters, AMA
The witness was asked, with reference to the alleged forgery and an admitted signature of the defendant's, whether the
common character, Pang," was in the same handwriting, or not in hit opinion. He replied “Practically, they are resembling each other."
Mr. Jenkin I you can think of a motive why he should do this, in order to charge you with forgery 14 years after.. wards, I should dike you to give me one. I can give you one for your conduct, but I should like you to give me one for his.
Defendant; I don't know,
said he owed.
41
ADDRESSES BY COUNSEL
Je at the
The new Weights and Measures Law as passed by the Japanese Diet has been formally promulgated by the Govern meat, thus rendering Japan one of the metric. countries. As it forces & com-, nation it has been apprehended that it pletely new and foreign system on the
will cause much confusion in the nation's industrial and commercial life, but an official describes this apprehension 28 groundless
and:
(a)-Thai a mortgage was executed in 1907;
(6)That the deeds were produced 84,000 was paid in cash.
deeds were pro duced either by, or with the cognisance of Pang Ho on Pang Kun If the complainant had taken anim of the new law Mr. Kitsukawa, Director
The only alternatives were incredible
Simultaneously with the promulgation personator with him, to perpetrato a fraud on the brothers Pang, how would of the Weights and Measures Office, gave be secure production of the deeds? These out a statement, which states that when tioned by Mr. Alabaster.hy did the com: adopting the metric system," but the circumstances outweighed the point men- the first weights and measures law. was
framed in 1890 Japan was desirous of i "The Magistrate: But
written by the same man, or not? Pang Ho would not dare to say the in the property and there was ampleWhen the World War started, however,
grassest fraad on you and your brother, If your story is true, he committed the for no purpose whatsoever I don't know his business.
plainant tell Mr. D'Almada that he nation was not ready to accept it, and Further questions elicited that the de-knew the defendant so well?
so the old systems were fully adopted. fendant had to mortgage his moiety: in Mr. Jenkin suggested that the well- "Several times since, wholesale reform" the property he and his brother bought, known difficulty with Chinese witnesses of the weights and measures system bas soon after the purchase, that he had been to what is meant by knowing" been attempted," the official's statement frequently hard.up, and that he had not one might have come in here What continues, but it was difficult before made a fortune in America. He had as the more probable, that he did know the war, to break with the old systems ado no, attempt to repay the $3,000 hate brothers well, or that he did not and adopt the new one to which the If he knew them well, what possible nation was but little accustomed. Even motive was there for his taking an im-the railways and the navy raised objec personator along with him to swindle tions to the adoption of the metric sys Mr. Alabaster submitted that the case Jenkin suggested that there was plenty of weights and measures, while the army his friends? On the other hand, MI tem; they preferred the British system ffor
the prosecution had hopelessly of motive to connect the defendant with
The prosecution opened that the forgery. He had lost his half-shoto was ready to accept the metric system signatures were genuine because he had motive to put through the mortgage, pay. had the document set aside us forged. few months interest and go off to system was keenly felt and the Govern
the necessity of adopting themetrio Having said he was on the horns of America, from whence he sent his brother nent, bill was readily accepted by the dilemma and could only say one thing, The Magistrate. You won't commit they put him into the box, to say that power of attorney to sell the propertyThe new law, it is stated, will take one thing, and he said it. But he said leaving the present complainant to pay effect at a date which will be named the brother set the mortgage deed aside, a great deal, more. He said he and his What is your opinion, Mr. Chun, if you brother were well-known to the corn security for the $4,000 was taken away with that date all public works, Govern
the COLLA
at the same time that the later. Within the five years beginning have one? You say you are always being plainant years and years before this from hind taken ment, offices, schools and big factories called to give an opinion. What is your date, and he maid, what must be mani- opinion 1, My opinion is that they might festly true, that be, and he commit the defendant for trial at the system, while the general public will be The Magistrate said he had decided to will be required to adopt the new have been written by the same person. (Continued at foot of next column.).
given 20 years', grace.
Mr. Jenkin: Do you think they are failed, Witness: Possibly they may have been written by the same person
And possibly not, ch-Possibly. Mr. Alabaster did not cross-examine.
yourself any further
Witness: Possibly.
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