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REVENUE OFFICER CHARGES A CONSTABLE.
· '..
A KISSING POCKET. BOOK, The hearing of a charge against an Indian constable of robbing a revenue officer was continued by Mr. R. E Lindsell, at the Magistracy, yesterday. Is Bavenue Officer John Brows had alleged that on the night of Sunday ha was en special duty and being unable to get home to Kowloon he slept on a table in the wooden hut opposite the Harbour Office, in a compartment. Pro Vided for the use of revenue officers. He
the awakened by light being Witched on
Chinese and
碣 RILW
defendant... revenue officer holding the
WAG
INSPECTOR'S MARCH OF
MILES.
THE HONGKONG DAILY PRESS. FRIDAY, JULY 12ND
LOOKING FOR SITE. FOR PIGGERY.
GAMBLING OR SPEC LATION, ARGUMENTS, INATHE, JUDAH EZRA
CASE AT SHANGHAL
that is san se enforced; in other words, if it is one where the seller can call upon the buyer to take delivery, or the | buyer can call upon the seller to make delivery. If such is the nature of the In this case the Netherlands Trading transaction, it is a perfectly legitimate Society and the Netherlands-Indische one, whether it is a speculation or not. Commercial Bank appealed against they learned friend uses the word gam decision of the Oment Receiver in the biling, which, after all, is a technical bankruptcy of Judah Ezra. The appeal expression. Speculation to the ordinary was heard at H.B.M. Supreme Court be mind might mean gambling. To the legal tore the Assistant Judge, Mr. Peter mind, it is an entirely different thing. Grain.
Mr. Lipson Ward acted as counsel for the appellants, against Mr. A., L. Dickson the Official Receiver.
OFFICIAL RECEIVER'S STANDPOINT. Whether the banks "wers gambling or not, was the main point at issue, declared Ma Dickson in opening the case.
OF GREATEST IMPORTANCE TO BANKS. Continuing, Mr. Ward said that this. tranquetion was a bond“ fiile, contract of purchase. Although I am in the position of appellant to-day, I must defend myself and those who make ailegations must prove them.".
THE BROXXX.
Mr. Vans attended before Mr. Lindsall yesterday-Obstruction Day ia the Police Court Calendar to plead for a pig dealer summoard for leaving ten baskets of sucking pige on the public way. From Mr. Vaux's explanation it appeared that in other days (about which Mrs. Neville Rolfe might have had good reason to make an outary) it was the defendant's customs to keep his sucking pigs in his house. But civilisation haa advanced since then and the pigkeeper has bowed to the inevitable. Mr. Vour represented his client as doing his very best to satisfy the demands of the Sani-
Unless you get a specifc bargain The pocket of a coat he had put on tary Board and to establish bis pigs in
between a bank and a customer as to chair was unbuttoned, and a pocket-book model piggeries with the least possible
exchange and payment of differences it was missing. He found the pocket-book, delay. Until then, as he could not now
After quoting authorities on the sub-is dificult to see how one could get a empty, beneath the defendant's coat,
Xesterday the defence was heard, Mr. Accommodate his pigs along with his
n moment attempt to cast any reflection Leo Longinotto defending the constable, children, it was difficult to know where jech Mr. Dickson said he did not for gambling contract in exchange.
he was to put them, and Mr. Vaux asked for a The defendant said that
Everybody knows that customers deal- deal walking eastward by the Harbour Office nominal penalty, or even an adjournment on either of these banks. He had no he saw a Chinese walking into a passage so that he call someone from the Sámi doubt that the majority of their bustling with banks. in exchange way between the two wooden buts oppo-tary Board and get a testimonial from Hessexchange transactions was per through brokers 11. "Abuse (com site the Harbour Office. Being Buspi. the Board as to, the defendant's admir. fectly legitimate, but he did contenda particular bank for December delivery ious, he went across the road, watched able qualities as the most enlightened as a best of case of which these and some little time, afterwards he finds for the man's return and as he came and public-spirited pigkeeper in Honganks were instances, there had been he would like to sell and cover hin con-
| gambling.
tract," he tells his broker. The broker out took him in charge. The man begackung.
Here they had the case of a young does not necessarily go to the same: The presence of a representative of the'l to struggle.
The agistrate: Did you an who he Sanitary Board in Court rather spoiled clerk well known at any rate to one of bank. It is the broker's business to run this interesting presentation of the case. the banks, who had gone into transac-about and get the best rate available to his client for that day, and, therefore, Yes, be was the Revenue Officer who gave Sanitary Inspector Coombs told the tions involving £88,000 and £168,000. -evidence (Chinese R.O. 29) in the Magistrate that the defendant's was the His financial status was not strong. the customer may close, and very often Having bought from struggle the man switched on the electric worst case he had ever had to do with. No question was ever asked as to whe does, of course.
B," "B" sells to bank "C." light
The man had had 11 months of warnings ther the transactions were speculations bank You were struggling outside the door and be persisted in doing nothing to or not. His learned friend had admitted When the due date arrives, the silver or the sterling which the customer has way you said-The struggle started meet the Sanitary Board's requirements that Judah Ezra was a wealthy man. there but continued into the room. The His practice was to call upon the Suni How much reliance was put on that could bought from bank "B" does not pass European officer got up and the Chiesa tary Board at intervals to inspect the be shown, by evidence of Mr. Reitsma, to him, and then from him to bank of the Netherlands Trading Society. "C" but as a matter of convenience said, in Chinese, that he (defendant) had most impossible places for the accom stolen something and he said in Hindusmodation of his pigs. I had to go Reference had been also made by passes from bank B to Bank "C." tani that it was the Chinese who had miles at seven o'clock this morning" counsel on the other side that Mr. Teeg in counsel's submission, all this goes to dose it. The European officer understood said the inspector, with some heat, to was a well-kdown broker and that Mr. show that unless there is an expressed neither of them. The "Chinese suggested, in dumb show, that the European, should inspect one of his suggested sites; it Ezra misled him, as to his financial bargain it is difficult to see how an
exchange transaction can be a gamble. search him (defendant) and the European was one foot away from a dwelling place status. did so, and took the pocket book from in and he must have known it was unsuit- side his tunic,
ነው ?
Hr. Longinotto: How did the pocket book get beneath your tunic!
Defendant: I do not know; I think it was slipped is there during the struggle. The Magistrate: When the Chief Ra reaue Officer came, did you tell him you were wrongly accused and were arresting the other man i
Defendant: No, I did not say that because I thought he would not under- stand me, as the other European had not. Do you know Chinese-Yes, I have a second certificate.
It did not occur to you to speak to Inspector Watt in Chinese! A new man might not understand Chinese but you should know that a Chief Inspector would I have had no. conversation in Chinese with him at any time.
In the House of Commons on June 10th, the POSTMASTER GENERAL said he would rather be governed by the DEVIL, than by # BURKAUCILAT, because the latter was always trying to folst on the people what HE thought was for their good, He was lacking for bureaucrate in the Post Office and he gave the House to understand that when he came across them there would be alaughter, grim and vast.
-Day Tinggala
How came you to be right inside the shed with the revenue-officer in the door way-I pushed the Chinese up the steps. The Magistrate: And yet, somehow or other, when you got inside the positions were reversed.
The Magistrate: Did you tell this story of the revenue officer's larceny to the Indian interpreter at the charge room?
Defendant: Yes, I did.
he was sent for.
able."
Mr. Vaux said his instructions were as he had indicated.
DJ
"No doubt," said" the Magistrate. "but that only means that your client has been lying to you."
A. fine of $15 was imposed.
21
"RANE PROFITEERING."
LANDLADY NOT TO BLAME.
"
In a case at the Magistracy, a witness, the principal tonant of a foor, in the Chinese quarter, mentioned that she sub-let a cubicle for $15.50 a month, in- cluding electric light.
"That sounds e rank profiteering," remarked Mr. F. X. d'Almada, who was solicitor for one of the parties.
However, in reply to the Magistrate (Mr. Lindsell), the woman said the rent of the floor of three rooms was over $40.
"Not so bad 19 it sounds, Mr. d'Almada," remarked the Magistrate.
JAPANESE CROWN PRINCE.
IMPRESSIONS OF ENGLAND.
A PROBLEM IN PEARLS.
" sneak.
11
+
THE MAIN POINTS AT 159UE Passing from this, Counsel submitted that, the main points at issue before his Lordship are: (1) that the Gaming Act deals with gaming contracts, and one both sides, a mutuality of contract, and must have a gamble, a contract between
To his mind, Mr. Dickson stated, it did not affect the question at issue be- chuse at the time these contracts were entered into, Judah Ezra knew the nature of the transactions be Was negotiating. These contracts were gene. ruly made by the banks with persons whom they knew were merchants. this case the banks knew Judah Etra(2) there is no evidence here that either of these banks entered into a gambling was not a merchant or engaged in any transaction. There is even no suspicion, business necessitating the settling of exchange.
Counsel submitted that the banks must have known, he was gambling, although In exchange. On the all the contract called for was merely the difference
question of mutuality of contract, the evidence showed that Ezra was gambl ing, and that the banks knew it. For these reasons the transactions were not The transactions were, genuine ones. according to the intention of both parties, gambling transactions. If thees were not gambling transactions, there such thing a gambling could be no transactions, and they would not have this young man of 20 years in Court now, with liabilities of throc and a half million tacls and assets only Tls. 1,500 The intention of Judah Ezra to gamble, counsel again contended, was known to both banks, and he would nak his Lordship, therefore, to dismiss the case, with costs.
JUDGE'A VIEW."
cottor
when one examines it, The material wording of the Gaming Act, Section, 1845 is that all contracts or agreements whether orally or in writing by way of Bombing or wagering shall be null and The authorities are conclusive on that point.
His Lordship: He may lose on Judab Ezra, but gain on the other.
Mr. Ward: Yes, they buy from some other person. and whether exchange goes against. Mr. Ezra or not it won't make a penny piece difference to the Bank. They will get the difference between the buying and selling rate, and that is how the excharge banks make their living.
book- Mr. Dickson': What about
keeper.
3dr Ward: Please do not interrupt me, Mr. Dickson A book-keeper neither sells nor buys.
Quoting legal opinion, Mr. Ward said there was nothing to make it obligatory on either of these banks. If MT Ezra came to the banks in December last, and said: I want to close, those contracts.
I I will sell to you the same amount as buy from you."
There was
made
The Japanese Ambassador was recent ly chief guest at a dinner given at the Lyceum Club to inaugurate the Japanese
His Lordship then dealt with the
Between Section of the Oriental Circle. Brig
speculation and
The bank's position might be such that adier-General Woodroffe, who was at difference
The.e tached to the Crown Prince of Japan's gambling. Speculation was not necee- Staff on his recent visit, proposing the sarily gambling, he said. It is a they would not want to do so. la reply to further questions by the toast of the health of the Ambassador, legitimate commercial contract to buy was nothing either in the contracts them Magistrate, the defendant said he could said the Crown Prince would report a commodity in the expectation of a Belves nor in the surrounding circum.. mot account for the finding of the elastic in due course to the Emperor, his father, rise in value and with the intention of stances which showed that it was obliga Mr Judah band of the pocket book against the Pray that the British and Japanese peoples realizing a profit as the result. The tory on either of the banks to close the Ezra's position was he could sell to the wall, between the two sheds, nor could he were fundamentally alike. The Ambas- legal aspects of the case are the same contracts in December. suggest what happened to the contents of sador, Baron Hayashi, said the Crown whatever the nature of the commodity.
In quoting from Lord Herschel, his bank, and he hoped that the price would the pocket book.""
Prince greatly enjoyed his visit, as he The Magistrate called for the defen had much more freedom than was grante lordship said there was a very clear dis- go in his favour. I will then buy this daat's statement when charged. This ed him in Japan. (Laughter.) To the tinction in that judge's mind between sterling at a price which is favourable, Mr. Ezra had been spoken of as a clerk was: "I did not steal the pocket-book." surprise of Japanese and English alike, the terms speculation and gambling. It deliver to you and pocket the profit."
That's all, commented the Magistrate he mixed up with people, and people in may be speculation, but is it gambling in his brother's business. Inspector Grant: Would your Worship the British Isles would see the object of In the case, Lord Herschel had decided, no evidence at all to show that he had ask him if he made a report at the that mixing up later on.
the commodity was shares. In this case the commodity was money. What was thever told the bank what was his position Central Police Station 1
difference between buying money within his brother's business. That was not was formerly known as suggested. He the chance of a rise in value and of buy a wealthy man, and at one time had at The London Daily Chronicle has this ing cotton with the chance of a raising least a million Taeis. He (counsel) did not think that that was his position market?
Mr. Dickson: Ezra was selling money when his client made these contracts with It was intimated that the interpreter comment on the Pearl sensation":-
It is difficult not to confess a
the bank in the withea-box but he was off duty and lived in Kennedy Town.
he WES told by Judah Ezra that The case was set back until 1 p.m., ending" admiration for the clever Japanese he never intended to get."
His Lordship: People sell fakers of the imitation Oriental pearls
Was living nt the, time he Ezza did not want the contracts in the same way as he had "At 1. p.m., the interpreter had not which have just been planted on the which they have not got.
Mr. Dickson:
pure been living when he was worth a million arrived and the case was further adjourn- London market to the complete discom-
Bture of the experts. To insert a sterling; therefore, it was
tacks It was common knowledge in ed till 2.30 p.m.
At 2.30 p.m., the Indian interpreter mother-of-pearl bead in the shell of an gamble.
His Lordship remarked, there was Shangha that Mr. Edward Ezra was. gave evidence that the defendant made a innocent oyster in the sure and certain
a very wealthy man, and be (Judah statement to him in which he alleged that hope that in eight weeks time it will very narrow line between gambling and man who had wide interests, and was the Chinese revenue officer had a spite come back to you in the outward form speculation....
Mr. Lipson Ward: With the greatest Eira) had informed the bank that the against him, but he did not accuse the on a pearl of great price is to earn a man of stealing the pocket book. triple reward. There is the pure delight respect to my learned friend, I think held his brother's power of attorney, The Magistrate ro-called the other Chi- of solving & scientific problem, by the difficulty that he has in his mind The latter was in America at the time nese revenue officer (No. 18) who had subtle process of assisting the forces of is that he does not fully realize the Here they had a gentleman who was a given evidence and put him through a nature, there is the secret pleasure of nature of these exchange transactions. rich man, was looked upon by the world searching cross-examination, particularly bamboozling the Western, world, and A bank, amongst other branches of its as a rich man, and to all those outside
with the power of attorney of his with regard to divergences between his there is the solid satisfaction of receiv- business, docs business with a dealer is semed a rich mun. He was & gentleman evidence, and the evidence of R.O. 29, as to the details of the episode at the ng much more than a fair day's pay a commodity which either is silver of then who is carrying on business bere. for considerably less than a fair day's sterling, as the case may be. It is a Harbour Office.
The defendant's various pairs of boots work. One is almost inclined to regret commodity in which there is no parti-The banks, of course, did not know that that by a stupid accident these immoral cular branch of the community interest-all this money was arranged for at all.
There was doi Pero also brought into Court at the re Eastern culturists have been found out;ed, but in which we are all interested. They did not know what transactions close examination.". There was no quer- quest, of the Magistrate. They all had rubber heels, and some rubber soles as for the really serious thing is that scores It is not a thing we use to build houses had been entered into. well. It was also elicited that the defon- of fastidious English ladies who fondly with, but it is a commodity in which tion asked such as, "Are you gambling ?" dant had a very fair" record, and imagine that they are wearing expensive wo are all more or less interested, or Are you speculating in exchange?"
necklaces of the purest pearl will shortly pecially in a place like Shanghai. My They did not ask that. Addressing the Magistrate, Mr. Longi-suffer the humiliation of discovering that learned friend bar in the back of his nothing and no circumstance which could. notto emphasized that the witnesses for they are scarcely worth a single Brad-mind that the only legitimate way to lead them to believe that there was any the prosecution agreed that the Indian bury. It may become one of life's little deal with sterling or silver is to buy secret understanding. constable never left the room from the ironies that women will now have to be when you want to buy it to settle ex buying and selling very large quantities time he was seized by, or he seized. the as cautious about choosing a Japanese change. That is only one of the things of gold and silver, and people who held Chinese revenue officer. But the elastic pearl as men have to be in boying which takes place in this commodity of positions or had money were buying
Counsel' band of the pocket-book was found on the Japanese shaving brush. If anthrax sterling or silver. It is perfectly legiti-exchange from the brukers. This was a Praye wall, some distance away. The lurks in the brush, it is even more mate, and it is done every day and if perfectly legitimate action.
think that a bead may it was not do not suppose any exuggested that there was nothing in those person who threw that band on the wall terrible to
change bank in any part of the world facts to show that there was any under was the person who stole the pocket-book lurk in every pearl.
could carry on aperiectly legitimate standing between the banks and Mr. As the constable did not leave the room,
Mr. Ward proceeded to say that if the it was quite clear that he did not throw the geography of the room sufficiently business. A man says to himself" I | Esra." the band on the Praya wall.
The Magistrate: The suggestion of the well to have entered the place quietly and will buy or sell ateling or silver" with prosecution, of course, is that the defen- committed the theft were the Chinese view to re-buying or re-selling in the rate went in favour of the bank and the Manchester of fact Mr. Ezra hnd lost these large dant had been in nice and was in there revenue officers who used it daily. Mr. future, as the case may be. It is exact against Mr. Judah Ezra, as a matter a second time, replacing the pocket book. Longinotte thought hin Worship would ly like a
on the Cotton Exchange in Egypt. The not carried out his obligations. One of "Mr. Longinotto naked why he should agree that it was one of the most curions Cotton Exchange; exactly like the man sums of money, because Mr. Ezra bad replace the pocket-book; why should he cases that had over come before him.
The Magistrate: I agree, I think it price involved in the transaction is, of the banks is said to bare lost nearly take such a riak: how would it help him? is the most bewildering case I have ever course, greatly in excess of the amount half a million tacle and the loss of an- He submitted that the evidence was not had to do with; and: I am not going to of the commodity-available for tale, or other amounts to a considerable sam sufficient to convict a constable of eight make a decision to-day,
purchase, or final delivery, but theis Lordship intimated that he would have to go through the cases cited and years' standing. The only men who knew The bearing was adjourned until to transaction is agitimate one if the would deliver judgment, on Tuesday,
bargain between the two parties is such Shanghai Gazette. (Continued at foot of next column.)
eight years' service,
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