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THE HONG KONG DAILY PRESS, SATURDAY, MAY 14th, 1927.
TWO "INFANTS” AND A MORTGAGE.
SECOND PLAINTIFF'S
EVIDENCE.
SHARP CROSS-EXAMINATION PASSAGES.
THE KIDNAPPED UNCLE CASE.
FIGHTING FOR A JOB.
ORDERS FROM "SECRET MILITARY SERVICE."
FIVE SIKHS CHARGED WITH ASSAULT.
LOADED STICKS
USED ON No. 1 WATCHMAN.
NEPHEW "LUCKY TO HAVE DEEN TRIED HERE."
In prasing sentence on the man At the Supreme Court yesterday who had kidnapped his youthful morning, before the acting Chief uncle, Mr. R. E, Lindall said that Justice (Mr. Justice J., R. Wood) the man was lucky to have been Mr. F. C. Jenkin concluded his tried in the Colony. Had the case Pross-examination of Loo Kwongiren heard in Shekki, he would have Lam, the Grat plaintiff in the been shot. mortgage ease which bas now been in progress before the Court since Monday of this week.
in the afternoon Mr. H. G. Sheldon re-examined this witness, and the second plaintiff, Loo Kwong in, brother of the first plaintiff, was then called and tendered his evidence in chirt He was cross examined by Mr. Jenkin inter, but cross-examination had not conclud- ed at 4.40 when the Court adjourn ed until Morning morning. The ense is to be continued on Monday and Tuesday, and will then be set aside until the following week owing to the Criminal Sessions.
The plaintiff, Too Kwong Lam, had been in the box two and a half
were
Yesterday at the Central Magis- 5 Sikh watchmen tracy charged, before Mr. R. E. Lindsell, with assaulting several of their countrymen,
The defendants were represented by Mr. D. McCallum and Mr. T. H. King, Director of Criminal The nephew, who was the black Intelligence prosecuted. Mr. Leo sheep of the family, was charged | d'Almada also appeared to watch with kidnapping his 12 year old the case on alf of the prosecu- uncle.
He was brought up on retion. mand at the Central Magistracy yesterday.
At the commencement of the hear ing, Mr. McCallum told the Court that he had issued cross-summons against the complainants.
Mr. McCallum, for the defence, said that the uncle's mother in tended to remarry and being afraid
It appeared from, the evidenec ef that the step-father would eanse one of the complainants who is the the boy to be neglected, the good head watchman at Messrs. A. S. nephew became concerned about his Watsun & Co.'s depot at Connaught uncle's future and took it upon Road Central, that two of the himself to safeguard the Intier's defendants had assaulted him on interest by planning a military May 5th at about 5 p.m. career for him. He was supposed plainant was going his round when to have consulted the mother and he saw the two men standing near to have got her consent.
the waterfront. They were alleged When the accused went into the to have abused him first but he
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yesterday.
The case concerns
a mortgage
for $400,000 on Hong Kong property left by the plaintiffs' father, and the two plaintiffs claim the annul ment of the mortgage on the ground that they were "'infants" เก February 10th, 1925, when the trans- action was put through.
Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon (instructed by Mr. D. L. Strellett) are for plaintiffs, and Mr. F. C. Jenkin (instructed by Mr. G. G. N. Tinson, of Messrs. Stokes and Master) is for the de-
findants.
Further Cross-Examination. The first defendant, under further cross-examination, said that the first time he had heard of the period of the mortgage was in the course of correspondence with his brother (the second plaintiff).
Mr. Jenkin: I put it to you that that is false and that you knew of the period and all about the mortgage from the very first.
Witness denied this. Counsel suggested that plaintiff knew that the mortgagees had power to sell the property if the debt was not paid, also that they had the right to take possession of the property and collect the rents, following failure to pay.
Plaintiff denied this and said that the first he knew of it was when the mortgagees actually did this.
Plaintiff continued that the effect
of the infancy of himself and his brother and the details of the mortgage were first explained when they consulted the late Mr. Lygon, solicitor. Mr. Lyson told them that as they were infants" in English law, the agreement was not bind- ing.
wna turned topsy-turvy. His own up to him and struck him with story was that he worked for the sticks heavily loaded at the end military secret service" at Wan- with iron. He was knocked uncon- clmi in Chinese territory across the seious and had to be carried to the bay from Macao. His commanding Government Civil Hospital in an officer one day pointed a revolver ambulance. The only motive he at his head and ordered him to come could give for the assault was that to Hong Kong to raise 8200, tell one of the defendant was dismiss- ing him in no uncertain terms that ed from the employ of Mesars. A. he would be shot if he failed. He S. Watson & Co., for neglect of took the boy to Shekki and left duty.
him in the safe custody of friends Cross-examined by Mr. McCallum and then returned Hong Kong the complainant said, that jobs in to raise the 8200, ostensibly for the boy's ransom, hut in fact the price Watson's are very much sought of his (accused's) own life.
after by Indians.
In passing sentence Mr. Linderl 'said accused was lucky that he was brought back to Hong Kong. Had he been tried at Shakki he would undoubtedly hare been sentenced to be shot,
A Brother's Debts.
At the outset of the afternoon hearing, the first plaintiff was re examined by Mr. Sheldon.
Mr.
McCallum: Are all jobs around the Central district sought after by Indians-I do not know.
Mr. McCallum: You employed watchmen for and on behalf of Watsons Yes,
Mr. McCallum: If they are to be dismissed, you are the one to dismiss them -Not necessarily.
Mr. McCallum: But your in- fluence goes a long way 1-No.
Mr. McCallum: Are you a Sikh ? Yes
Asked if there was any reason for the sale by him of the Macao pro- perty assigned to him (referred to at Thursday's hearing), plaintiff said the reason for the disposal of
Mr. McCallum: Is it usual for this property was because an elder brother (Lo Kwong Wai) asked him Sikhs to shave their faces --No. to realise on the property because Mr. McCallum: I take it you
his (Lo Kwong Wai's) debts.. Witness did so in order to assist shave yours -No, I have short his brother in mecting these debts. beard. Plaintiff further stated that the A.D
Indian Police constable approximate amount realised by the testified to picking up the com- sales came to between $20,000 and $30,000, and in addition to this he plainant in an unconscious state at also gave Lo Kwong Wai some Connaught Road Central. He went more cash.
Mr. Sheldon: Is that the reason there is repouse to police whistle. that Lo Kwong Wai gives you He found a big crowd of Chinese money when you ask him for it around complainant, but he could Plaintiff Since letting him have not see whether there were any this money he has let me have Indians, there or not. monez.
Second Plaintiff,
With regard to various settle, ments which had been proposed be fore the mortgage plaintiff, said he had heard that one of the settle- ments proposed was that the pro-" The next witness called was the perty, whether houses, land, or second plaintiff, Loo Kwong Hin, money should be divided into 17 who said he was born on August shares, each of the beneficiaries to end, 1005. He was edfeated at St. take one. He was told by his bro- Stephen's College, and left there in ther that the property would be December, 1924. valued by T. L. Sung and Leung Wing Cheung, and if that arrange- Bient was carried out the action would be withdrawn.
After speaking of events leading up to the history of the dispute, spoke of Sung offering his help at witness spoke of Sung offering his help nt a charge of $8,000, for which amount he (witness) signed a pro- missory note.
The Magistrate adjourned the case, eetting next Wednesday and Thursday aside for the hearings.
A CHINESE WOMAN "DOCTOR"?
STRANGE BEHAVIOUR AND CHARGED WITH THEFT.
W69
of
Mr. Jenkin questioned witness with regard to his knowledge of a
A Chinese release to the trustees. Plaintiff
woman who denied he was told there would be Dealing with the actual signing of charged at Kowloon Magistracy
the larceny a release for the trustees in the the mortgage at a solicitors' office, yesterday with event of a settlement, but added witness said that Loo Kwong Wai clothing and a wrist watch from a that he heard it in his lawyer's told him to sign it and he would houso in Shanghai Street stated office after the action had started.
get his share.
Loo Kwong Wai that she was a docter, and had Did you not hear a suggestion signed first, and he and his brothers received a call from the house in
question to attend a sick child. from Lo. Lim Yuk's solicitors that also signed. the trustees should sell the pro- Plaintiff said that none of the The complainant, who lives at perty and pay over the proceeds documents were interpreted and at 391 Shanghai Street, first floor, to 17 beneficiaries as and when the the time he did not know what he said that she was coming out of ber property was sold I have heard my was signing his expectation of a she saw defendant with the stolen cubicle on Thursday morning when
goods.
brother say 80.
"
Speaking of
.
wai
His Lordship: Are there 17 sona share of what his father left, wit altogether
ness said he had always been told An Inspector said that on the Mr. Jenkin replied there were by his brothers, even while he was way to the police station in charge really 18, thng of them being at school, that his share would be a Chinese defective, the woman
escape, but grandsons, and of absent in Ame about a lakh. After the documents tempted to
had been red he was told herought back again. At the police
station Mr. Putter said there were six would get more than $10,000.
minutes, pretending to dead. When the police attempted to take her finger prints, she
kicked up a terrible row."
řica.
be
teen sons, with Lo Li Yuk getting Witness spoke of ghing to Wing on the my down on the fluor
a larger share, so there were 17 Oh's where the sheque was cashed, beneficiaries altogether There was and then proceeding to Sung's slight difference on the point but house, where Sung gave him 2,000 it was not material.
in cash and a rheque. Sung gave Mr. Jenkin: Did your brothers him back his promissary note, which
The defendant said she had not
stolen the articlos. As soon as the
tell you that they were proposing he tore up in front of those pre-entered the house, complainant
to take over the whole of the pro- perty and mortgage it to obtain the money for paying out the share
No.
Mr. Jenkin produced lotters bear: itp on the points in question, and plaintiff said he had seen some of them in a solicitor's office, but he could not say for certain which he He denied that Lo Lim Tuk's solicitors told him that they had sent along a draft release.
{fontinued om next column).
had seen.
sent.
Witness
grasped her jacket and asked her evidenco what she had come for; she replied then gave similar to that of his brother, the that she had come to attend a sick first plaintiff. Cross-examined by child. She had her medicines, pow Mr. Jenkin, witness said that on dera and charios with her. the way to the solicitors' office he knew that among the documents he was going to sign was a mortgage.
After Turther cross-examination the case was adjourned until Mon- day morning.
The witness, is the last one to be enlled for the plaintiff's case,
Complainant said that the woman had ao medicines or charms, nor lind she been sent for, Defendant then reinarked, "Come, you must not tell any lice, good woman."
The defendant was remanded un- til to-day to enable the police to make inquiries.
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