THE HONGKONG DAILY PRESS, THURSDAY, NOVEMBER IND, 1923.
PENANG MILLIONAIRE WILL position, the evidence of the experts only
...SUIT.
proves adoption and it does not prove that he is the Gaa of the will, the natural son of Tye Tye by the testator.”
CHIEF JUSTICE DELIVERS HIS WRITTEN JUDGMENT.
THE REASON A JURY WAS NOT EMPANELLED,
The Chief Justice (Sir William Rees Davies) delivered his written judgment, yesterday morning in the Fening million aire will suit which first came before the Supreme Court of Hongkong riven months aga Intimation had already
After dealing with the names appear. ing in the death notice, the Judge re- marked that he thought it was clear both from the evidence and from the omission of the plaintiff's name from the death sotice, that he was not the natural son of the testator. The Chief Justice pro- eeded to deal with the oral evidence As to that i called in support of the beda made that the verdict had gone to
plaintiff, his Lordship remarked that, to the defendants, the exors. of the estate,
anyone not familiar with Chinese wit and that the claim of Cheng Thye Ganesses, it would em conclusive. The to be a son of the stator had been defendants replied by producing a death certificate which, they submitted related quashed
to the person named in the will, If it did, that would dispose of the ease.
As to thowmission of the naine of Gan (the name claimed by the plaintiff) from the cards of invitation at the worship at the family temple in Peoaug the executors said the reason was that Gan died two years before that time. As to this Mr. Lai Choi Hi, Professor of Chinese Litern ture in Hengkong Cniversity gave cost In the apraisg paragraphs of the judg important evidence. The Judge suni. ment, the Chief Justice said;
marised this evidence which was that the
There were present in Court to hear the judgment delivered. Mr. 6. K. Hall Brutton (who has latterly conducted the case for the plaintiff by virtue of special Ordianace, empowering a solicitor to act as a barrister) and Mr. Eldon Potter and Mr. F. C. Jenkin (instructed by Messrs, Deacon, Looker, Deacon &
Harston).
He asked the testators why
THE PHILHARMONIC SOCIETY SEIZURE OF ARMS IN HOTELS
TO BE REVIVED AFTER LYING.
AUSTRALIAN CHARGED, DORMANT SINCE,
The man, who was arrested on beard In view of wishes frequently expressed the .. President Jefferson, on Tuesday, by many residents an effort is being made in einnection, with the seizure of arms to revive interest in the Hongkong at the King Edward Hotel and the Philharmonic Society, which has been Palace Hotel was brought before Mr. Hamilton as the Magistracy, yesterday. dormant since 1914, and a meeting of a few of the old members was held in the This man is an Australian, named Hongkong Club on Tuesday evening to Williain Pitts, aged 30 years, employed consider the question.
on the 'resident Jefferson as a second 'It was decided to ask H.E. Mr. Cloud steward. The seizure of the arms in the Severn, C.M.G., to accept the presidency well-known European Hotels bas of the Society and His Excellency has caused quite a stir locally, and this has signified his willingness to do so.
beenhanced by the arrest of two
..
The following gentlemen have accepted Australians, the other man being Owen office:-Messrs. C, E H, Bevis, J, Owen Palace Hotel. His case, will be resumed James Smyth, late bar manager of the "Hughes, E. J. Chapman, E. Ralphs. Hon, on Friday next. He was allowed bail of Mr. T. L. Perkins, Prof. C. A. Middleton $1,000. but as he has been unable to find Smith, Mr. T. P. M. Bevan (Conductor), this sum he is in police custody. Two Mr. Erio Rice (Pianist), and Mr. J. A. Chinese have also been arrested in con- Bullock (Secretary). It is hoped that it nection with the affair. One of these was will be possible to complete the list of allowed bail of $5,000. officers in due courer.
When his casd was called at the Magistracy, on Tues as early as possible, the names of ladies his bail." The Magistrate' ordered the The Secretary will be glad to receive, day, it was found that he had jumped and gentleman who are willing to become toung to be estreated. manbers of the Society, active or other-
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should state whether their voices
Four charges have been preferred
This case has been one of abnormal professor was a relative of the testator wise,, Thoes who are willing to give their against the Australian, Wam Pitts.
assistance in choral or orchestral work They are: (1) importing 31 revolvers,
are Mauser, pistols, Savage rifles and 2,380 Soprano, Alto, Tenor, Baritone, or Buss, dustridges; (2) importing 3,850 "revolver or the instrument which they are willing cartridge, 400 Mauser pistol cartridges, Two alternative charges of unlawful pos session have also been preferred against the defendant,
-There was
to play.
So soon as sufficient" names are received all proposals for the ensuing wason will a general meeting will be held at which be put before the members and days for practice notified.
Murrison
Chief Detective Inspector asked for the case to be adjourned until Friday morning
length and difficulty, and it places on the and was consulted by him as to the in- Court the cbligation of deciding an imitations. portant issue of fact on a mas of evi Tye Gan's name did not appear in the dence in many respects wholly conflicting liat and the testator, replied This No A verdict in favour of the plaintiff would called Tye Gan is dead," involve not only a filing of gross per no cross-examination of this witness and jury on the part of many of the defend- I see no reason," said the Chief Justice ants' witness but also
a wholesale" for rejecting his evidence. There has conspiracy - I should think, almost bren no practical suggestion why a man unrivalled in litigation on the part of of this standing should come forward and the representatives. "ut very wealthy invent a deliberate lie and his evidence, Chinese gentleman to fraudulently de- if true, gees far to dispose of plaintiff's prive a youth of his legitimate share in case. The only real criticism offered, by his derrased father's estate. On the other Mr. Brutton was that he was the father hand, a verdict in favour of the defend-in-law of one of the defendants and that ants involves a finding of flagrant per he was silent as to the death of Gan at jury on the part of many of the plaintiffs the time of the Penang action in 1912," "witnesses, who are aiding and abetting The Judge noted, further, that in that
a share in an estate to action the death of Cheang Tye Gan was COMPLAINANT IN RECENT CASE NOW would show that at about 9 p.m. the same which he is not entitial by personating another long ago deceased.
hi to secure
SERJOUS HARDSHIP ON A JURY.
I have had occasion to corament before, in this Court, on the difficulties of a Judge without the assistance of a jury having to décide cases based on questions of fact whero perjury on one side or the other and in some cases probably on both sides is rampant, and where the decision, under the circumstances, may largely rest
declared and was unchallenged.
"GROSS FELJURY ON ONE SIDE OR THE UTHER,"
The evidence of witnesses who spoke to the death showed an cutige conflict of testimony and gross perjury on one side or the other, and he had to place him self in the position of a jury and decide which to believe.
will respoad generously, to this appeal It is sincerely hoped that the public for assistance.
MAN SHOT IN A TEA-HOUSE. ECHO OF THE ABERDEEN STREET
SHOOTING AFFRAY.
UNDER ARREST.
The Magistrate: What is the nature of the evidence against him? I understand you want to make a statement on the matter?
of arms were sent to the King-Edward inspector Murrison said that on Det. 22nd, which was a Sunday, four packages
Hotel at about 7 p.m. The evidebee
The defendant (to the Magistrate): Can I get in touch with the American Consul-General!
day the defendant called at the hotel and Chinese mestality is very hard ordered that three of the package be engaged a room for the night, He understand and a shooting incident in taken to his room, No. 69, and that the ten-house near the Central Fire Station, other be stored in the baggage room. Queen's Road Central, yesterday mera-This would be the evidence supporting, ing. affords difficulty..
An illustration of the the first charge. As to the second charge: Yesterday morning a Chinese painter fendant's cabin when the ship came into lebe immunition was found in the de named Wan Ko, who on August 7th, "Before coming to the question of the 1992, was shot at and seriously wounded Port on Tuesday morning from Manila. death certificate," continued the Chief in the head in Aberdeen Street, hy a on probabilities On the other hand, Justice, I must state that, accepting as man named Wong Kum; entered the Sam recognise that the conditions prevailing
I do the defendants' direct evidence on Yuna Tea House, walked up the stairs in litigation here, both as regards inter-
the point of death, it disposes of the to the third floor and there encountered pretation of evidence from one language plaintiff's case. The onus of proving his three men, said to be his enemies. What into another, and the prolixity of Chinese claim is on him. He has failed to do so happened is not clear. The painter is witnesses, greatly prolong the hearing of and I must say, frankly, that I do not said to have drawn a revolver and shot a case and would inflict a serious hard believe him or his witnesses. ship on a jury of business men were they dence as to his age was entirely unsatis The bullet entered the man's lung and.
His evi- one of the three men in the chest constrained to sit in such cases. This factory. He stated that he was twelve he immediately collapsed. Direety after properly treated. He added that the food consideration along governed me in not years old when the No. a concubine died the shooting took place, the painter blew in gaol was not good. He wanted better exercising my right of having a jury in but subsequently corrected himself when his police whistle and is said to have food for which he was prepared to pay this case, which is based entirely, ca fact it became evident that, according to the handed himself over to the Police. He is out of what little money he bad. (Here correct dale of this woman's death, if now in police custody. The wounded the defendant mumbled something about he was twelve years old at that time he man was removed to hospital, and his porridge and bread in tones not clearly
condition was considered to be so serious audible to the 'reporters). that the second Police Magistrato (Mr. E. W. Hamilton) was sent for to take his
and not on law.”
PENANG REGISTER CHITICISED.
Proceeding, the Chief Justice said he desmed at unnecessary, and unpracticable was not the boy mentioned in the will." to deal with all the details of "this very lengthy and complicated case; it was mficient to deal with the chief grounds or which his conclusions had been reached. The Judge then summed up the evidenco
The Judge said he had decided to ex-
In the absence of definite information
cfude the death certificate altogether in depositions in case be should die, determining the casey although, if conit is conjectured that the painter was clusive, it would have completely de tackled by the three men when he reached
The
The Magistrate (to the Inspector): Make the distal arrangements
Inspector Murrison? Sergt. Andrew will take him to the Consul if he likes,
The defendant: I want to see the American Consul because I have not been
Inspector Murrison: That is a matter which should be referred to the Gaol authorities.
that, but. I will mention your case to the The Magistrate can't interfere with
Superintendent of the Geol."
The case was then remanded to Friday next, hail of 15,000 being allowed.
A FEAT OF ENDURANCE! SEVEN MEN IN THE WATER FOR
SIX HOURS.
as to the recognition or non-recognition nolished the plaintiff's case. The two the head of the stairt, and that in de of the youthful plaintiff by members of the testator's family, his share in various Register of Deaths were entirely unantic with such serious consequences.
certified extracts from the Penang fence be drew a rewolver which he used Chinese ceremonials and funerala; the names on the testator's tombstone and factory; from the point of view of record wounded man's companions have not the conflict of evidence as to whether n the entry, as a whole, was unsatisfactory, been arrested. It is supposed that the character theroon stood for the plaintiff and the explanation as to the Registrar's three men who were in the ten-house were -or someone else (it being the custota for laxity, or that of his staff, was more so friends of the man who shot at the
the names of descendants to appear on
Plaintiff's counsel threw out a suggestion painter ta manths ago, and is now Chinese tombstones.
of mala fides but the Judge did not take undergoing 14 years' penal servitude for The Judge mentioned that, as to the that view there was not, in his judg. his crime. At the Criminal Sessions itance has just been reported in Hongkong. books produced by the defendants, he meat, anything to warrant a suggestion transpired that the prisoner in the case. The matter of a fishing junk tells the found that there was no proof of fraud of bad faith. Its inaccuracies largely was a member of the Painters, Guild, and tale. He reported to the Harbour dr of improper tampering with the under-rated the value of the death certi Wan Ho was shot because he would not
Master of Hongkong that on October 29th accounts. These accounts did not abowficate; the onus was on the defendants to join the Guild War Ko is said to have that the plaintiff, an alleged, bad drawstablish conclusively that it referred to taken up a very strong attitude against $30 a month from the estate for many yeara
the dead son in the will and he was not satisfied as to its proof Ignoring the EXPERT EVIDENCE ON CHINESE CUSTOM,
death certificate for the reason given, Discussing the expert evidence as to the Chief Justice said he had given his
customs given by Mr. 8. B. C. verdict, on the evidence as a whole, with taseter General), Mr. Chan Tatout doubt, in favour of the defendants (Chinese master at Queen's College) (the exors, of the testator).
ກ
the Guild.
On the man, who was wounded in the tea-house, yesterday, were found certain documents relating to secret society
work
The Police are busy investigating the
affair.
The tale of a remarkable feat of endur-
his just ran into a gale 10 miles south of Waglan. After battling with heavy seas the graft wank about 25 miles from land." The crew of seven men took to the water and kept on swimming for siz hours before they were, picked up, at four o'clock next morning, by another junk. The survivors reached. Hongkongdon Konday night,
STORING PETROL WITHOUT A LICENCE,"
Char Pik U another-school- Concluding his judgment, the Chief the edge remarked: All these Juice said he desired to bear testimony Kuala Lumpur & local firm harmlasted A new industry is being started in hree gentlemen, expert in Chinese cus to the great real and marked ability to anefacture cigars, at a moderate
agree that it is unthinkable that which hail fracturised Mr. Bratton's price. The cigar, mya the Malay Meal, Caronne Road, Wanchal, was summoned Li Bing, of the Asia Garage, No. 11, kit Lat wife would allege that the conduct of the cae Deprived by unto- trancated at both ends and block shaped, yesterday morning, for having in his pos 184 india long and lightly tapered, before Mr. Lindsell at the Magistracy, son, of her husband wis dead when howard circumstances, in the course of the one-half by three-eighths of an inch in ssion 19 gallons of petrol witboat we alive, as it would be an outrago on cass, of the services of both his counsel, width. It does not look like a weed in. lignen her dead busband, and an offence against he had a difficult task to perform. He the mouth and it smokee mild. It is The defendant's excuse was that the the ancestors. As a fact this old lady discharged it with great Edelity and left made of Sumatra leaf and rolled by ex- petrol was to be need for private curs
pert Burmcte womor specially imported Bergt Stimson proved that the petrol entirely relies on mich an allegation and contesta this action, accordingly.
no point un raised which the ingenuity of for this purpose. These choroots have a stored in the garage building aze
án advocate could suggest in the interests only been pup on the market after several that was, not kept in a regulation
weeks of experimenta. For the medium tank, zise, the price is $3 a hundred
may add that, concoding the plaintiff's of his client.
dagistrata imposed a fiør på $15.
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