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HONG KONG DAILY PRESS, FRIDAY, JULY 17, 1936.
PROMISSORY
NOTE CLAIM
DEFENDANT DENIES SIGNING
Forgery Alleged
Mr. H. C. Macnamara, instruct- ed by Mr. M. C. McCallum ap peared for Mrs. Fung Kam, all Fook Kee, in a claim which was heard before the Chief Justice, Bir Atholl MacGregor, at the Supreme Court yesterday. The claim was for $2,870, being money lent and interest thereon, against Chan Hing Wan. represented by Mr. Leo D'Almada, jr., instructed, by Mr. Peter H. Sin.
Mr. Macnamara said the clim was for money lent and interest thereon, under a borrowing note made in 1933. He would call evi- dence to rebut the allegations of the defendant that he did not know the plaintiff and that the action was instigated by one Chan Hing kau againgt whom he was making bankruptcy investigations.
In the witness box, plaintiff While residing at No. 101 Queen's stated that she had known the de- fendant for six or seven years. Road East, first floor, the defen- dant and her brother-in-law came and asked if she would lend him $2,000 to carry out a construction contract. This was on October 22, 1933.
BUS FITTER'S LAPSE
LOSES JOB FOR STEALING MOTOR PARTS
Leniency Shown
of the
"In view of the fact, that the Bus Company have given you a satisfactory character and al- though I look on larceny by ser vant as a serious offence, I pre- pose to bind you ever in a bond of $50 for one year," sald Mr. E Himsworth yesterday to Luk Tong 37, described as a fitter Kowloon Motor, Bus Company, who appeared at the Kowloon Magis tracy charged with theft of a quantity of metal component parts, Ar. W. Wong, engineer of the Bus Company stated that there had been a number of these thefts. Defendant however bore a good character and they did not wish to press the 'casp.
It
Sub-Inspector Rogers relatna the tacts of the case said that accused was stopped and question ed by a district Watchman in Re- clamation Street. A parcel carried by the former contained several parts of a motor engine. When taken to the bus company, it was revealed that defendant had no right to the property.
WIFE'S PLEA
The prosecuting officer said that accused had been employed at the company for three years and was an experienced fitter.
The Magistrate: What happens to old parts when they are not
The money was duly lent three days later, in respect of which a promissory note was given her It was also agreed that she was to receive one and half per cent. in- terest every month. Since then I wanted? she had neither received the in- terest nor the return of the load, despite her repeated requests.
HER ALIAS
Mr. Wong: They are supposed to be returned to the stores, where they are remelted.
At this stage, a woman who was seated in the public gallery of the In answer to Mr. D'Almada wit-court came forward and said that ness said that the person., numed Fook Kee mentioned in the bor- rowing note was her alias and not her husband's,
When she was first approached for the loan, she went to Yaumati to look at defendant's shop in or- der to ascertain whether it dk exist or not. She did not knew the defendant's family.
she was defendant's wife, She pleaded for leniency, stating that she had two children and that if her husband was imprisoned, they would have no food. It was his first offence, she said,
Sub-Inspector Rogers said that the police were not pressing for imprisonment.
The Magistrate: I suppose de- littlefendant has lost his job. Sa 8. I. Rogers: Yes, that is 80. Accused WES bound
over stated above,
Counsel: Knowing 30 about the defendant and his busi- ...ess did it not occur to you to get
a guarantor?--No. I trusted him because my brother-in-law, ainee dead, told me that he was an up- right man.
85
mother happened on October 17th, 1933? Witness. Yes, quite sure.
RENT COLLECTOR'S EVIDENCE
The next witness was Chan Chul, Associated with a shoe-maker's
In reply to further questions, witness denied that the first time she saw the defendant was in the Chief Justice's Chambers a short while ago. She maintained that the note was signed by the defen-op. In 1933, he was a rent col dant.
Mrs. Tue Sau-chan testified that while she was living with the blaintin, she had often seen the defendant in the house.
lector. He remembered collecting the rent from 34, Portland Street. Rent was collected once a month, but sometimes he had to re- turn the third and fourth time
Mr.
Giving evidence the defendant, (Laugher), said that he was formerly a part-examining, asked him how many Macnamara, in cross- ner of the Tul Yuen-soy factory at 34 Portland Street, Kowloon. The houses he collected from. The
first time he saw the plaintiff was in the Chief Justice's Chambers: He had never seen her before and had never dealt with any person by the name or Fook Kee. A though his name appeared on the note it was not his signature. At the time of the alleged loan he was in the country. He did not know the plaintiff's brother-in-law and had never visited 101 Queen's
Road East.
DEATH PRESUMED
PETITION IN LOCAL COURT
Leave for the presumption of death of her husband, Mr. Young (or Yung) Sing, alias Young (Yung) Wing Chang, alfas Yeung Ming, late of 312 City Island Avenue, City Island, New York was grant- ed to Mrs. Young Ling Shi"through Mr. George She intructed by Mr.. M. W. Lo by the Chief Justice, Sir Atholl MacGregor, in the Probate Division of the Supreme Court yesterday.
A fortnight ago, when the peti- Mr. George She stated tion was brought before the Court, that the man left New York for Elizabeth, to collect some outstanding debts. New Jersey on July 6, 1930, in order Thereafter nothing was heard or seen of the man.
Counsel also suggested that the comparative wealth of the man among his clansmen in New York and the fact that he had several debtors might have induced the un- derworld of New York to practise, upon him and have him murdered.
As a result of His Lordship's direction in regard to police en- quiries, further affidavits had been Aled, which cleared up the matter considerably.
It appeared that Yung's disap- pearance was the talk of the Chinatown at the time and this ob-
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SENTENCES
REDUCED
COUPLE'S CARELESS. NESS IN ADOPTING A CHILD
ASSAULT
CHARGES PROVED
SOLDIER TO PAY COMPENSATIONS
Arthur Robinson of the Royal Ulster Rifles, appeared on remand. before Mr. W. Schofield at the Central Court yesterday charged with (8)-assaulting Tam Sang an. amah at No. 130, Jaffe Road on July 13, and (b) assaulting Cheung Hing in Jaffe Road on the same day.
Mr. W. Schofield at the Central An appeal was lodged before
Court yesterday by the Hon. Mr. M. K. Lo, on behalf of Lam Wai- viously gave additional publicity ting, a cook boy and Vip Lin to the matter. Dr. Leung Ting-wife of Lam, both of whom were mi a dentist and an old friend of employed at an address on the the family, had stated in his Peak, who were sentenced to three afirmation that not only himself months hard labour cach in con- but practically everybody in China-
nection with a charge of partici- town beseved at the time that pating in a transaction to trans- Tam Sang in the witness box. Yung had met with an unnatural fer a minor a male child, named stated that on July 13, she was at end Dr. Leung himself made a
Ho So-wah, aged 7 months, for home when her mistress, who was report to the police in New York a valuable consideration.
a prostitute, - brought the defen- but the latter were unsuccessful
Mr. Lo said that he was asking dant in. Defendant wished to bor- in their search. The police at for a review of the case. His row some gramaphone, records but Elizabeth, New Jersey, where Yung clients were married couple, the mistress refused and told the was supposed to have gone, had employed at an address on the amah to open the door and allow also been communicated with, but Peak and it was their wish to the defendant to go, Defendant. they failed to find anyone answer-
adopt a son. The only thing thất | objected and pushed witness awar ing to his description.
could be said against the defen from the door and struck her in quiries, reasonable" in the circum- dants was that they failed to en- the mouth with his st. Deten- stances, had been made by his re- quire of the father's consent. dant then picked up a spitoon and latives and clansmen to find him, They should have been suspicious threw it at the witness who parried but without success,
that the child was being trans-it off with her arm. It fell to the acted by the mother without the knowledge of the father.
All en-
Granting the petition, His Lord. anip said: I am now satisfied that all reasonable enquiries had been made and the petition is one to which I ought to accede. You have leave to swear the death of this man on or since July 6, 1930, in the United States.
DISCHARGED WITH A
CAUTION
Travelling Without Paying
The Legal Fare
Stanley Chiong, 20, a student was summoned before Mr. Burgess at the Central Cqurt yesterday charged with travelling on the Yaumati Ferry without paying his legal fare.
I
floor and broke.. Defendant then pushed witness on to the broken. A review of the case would spitoon and cut her arm. She ran show that the case was not an down the stairs and blew a Volice offence under Section 45A which whistle. The defendant fan after dealt with trafficing in chidren. her and again pushed her over It was a technical offence under that section, and ̈ ̈ Mr. to sub- mitted that a bond would have met the case.
bruising her left arm and back. The police then arrived and the defendant was arrested.
Was
Defendant said that the way the The sentences against all three complainant cut her, arm defendants were the same, and as through falling down the stairs. the case of the first defendant, Inspector MacDonald, the pro- was the more serious, counsel secuting officer then asked the thought that the sentences complainant if she could speak against the second and third de- English and being told that she fendants were too harsh.
The defendant's employers were in court and were willing to say that the defendants. were respec- table and law abiding people of the lower class. The only object of the transaction was not to
could not be ated how was it' that ane could understand the con- versation between the defendant and the mistress.
Witness replied that she beard
at the Police station Corroborative evidence was ther given by Chan Ngau Nal, the pro-
Sub-Inspector Johnson said traffic in children nor to re-sell, that the defendant was seen to
but to adopt a son. The defen- uitute. enter the ferry by the exist as dants had been married for some when on the ferry launch, Inspec-8 years old, their sole motive must and came along and was struck .The second complainant said disembarking. time and had a daughter who was that he heard the Police' whistle passengers were
tor Cheung Chang Kwe asked him have been to carry on their family by the defendant, ja for his ticket the defendant pro
One week of the sentence had order to pay $10 compensation tò Defendant was fined $25 and duced, an old used ticket.
Defendant said that he was uv gone, and counsel submitted that the first complainant and 23 com- the defendants have paid for pensation to the second complain- their offence, which was one of ant
gnorance.
..
answer was eighteen. Because the witness had not seen the sign, Lee ang, on the ground floor of 34, Portland Street, Mr. Macnamara asked him if he remembered all the signboards that were put up in each house and floor. He replied in the armative.
Wong Chuk Lam, another wit-8 in Kowloon City with ive
friends. Dess did not know the plaintiff be-
Three of these friends cause for the period of some twelve went to the Ferry that morning were going to Bwatów. All six months the dat in which she said with their luggage and defendant she was living had not been bc- cupled. His evidence showed that bought six tickets. At the whart one of the friends bad · occasion he kept the receipts of all the
to return to the house and zo one rentals or 101, Queen's Road, Eart
Yuen Fo, who conducted a fun-fendant tried to change this ticket of the tickets was superfinous. De eral equipment shop at 10, Port with the office but was refused land Beet. knew the defendan Five travelled on the ferry from fery well, he said in the witness Kowloon to Hong Kong. Chan Koon Sang the third son box. He unly lived a few dcore of the defendant stated in the wit away, and they often visited each ness box that some time in July, other. To the best of his know 1933, he let Hong Kong to go to ledge he never, at any time, saw the country, and stayed several any building equipment at defen- months.
**dant's residence, nor did he ever On October 17th, 1933, his see the sign, Lee Bang in front grandmother had an injury from of 34, Portland Street. ́*
In answer to Mr. Macnamara, witness sold the note was a for- gery, and suggested that the plain- I was an instrument of one Chan Hing-kau, who instigated the ac- tion in order to embarrass him in lile bankruptcy investigations con:
cerning Chan,
a fall, and he sent word to his
THE JUDGMENT: father, who was at that time, in In his judgment, His Honour, Hong Kong, and the latter arrived Sir Atholl MacGregor, said that on October 20th, 2
in every stance there was
About a week or eight days after condict of testimony, but that, p wards his father left for Hongfortunately, his decision in the Kong, but he remained.
Under cross-examination by Mr. Macnamara, who asked him now he remembered the dates so well, witness replied that the Tomb Worshipping Festival was held at that time of the year, and that he remembered the daw very well as he visited the tombe at the time.
Later in the day the defendant was returning to Kowloon and thought that he could use the ticket that had not been used that
morning.
Mr. Burgess said that admitting that the man was in the wrong ne thought that he should have béen ziren a chance to make amenda
Defendant was discharged with cantion.
written.
matter predisposed him to come to borate the statereny that he was a conclusion as to which side the in Canton at the time that the perjury lied. For the plaintiff to note wa W meceed in her case he must be satisfied that the note was made on that date, but her story was naive and chidian.
There was no evidence that such a arm ar Lee Bang had ever ex
bed. The defendant had never hear nor seen the arm, which was supported by disinterested wit nesses the rent collector, and the local undertaker.
Her story was an uncorroborated one, except for the one instance A when defendant was recognized by However, he remembered nothing a fellow tenant of 101 Qucent The plaintin was not an ideal in particular that Happened in the Road East Hort witness, and if His Hotion had to year 1932, or 14934 1 The defendant's evidence was reply implicitly on the accuracy
Do you Keep a diary?"
comprehensive, although the de- or her evidence, he could not do "NO"
"s fendantemtent have used a better so in every detail
Mr. Almada: Tou're quite sure i instead of the third son whose Jude that the accident of
fotentive memory, helped to corro, ) of the defendant.
ILLEGAL POSSESSION Two Chileno, one described as a
Inspector Ellis said that they both probably had the intention of adopting the child but they were extremely careless in the theatre attendant, were brought matter. The sale of children before Mr. QA. A Macfadyen at should they have wished to adopt charged with possession of a re- could not be countenanced and the Kowloon Magistracy yesterday the child they should have been volver and five rounds of ammuni rouble to find out if the father LG.P. The men were Wong Yuet more careful They did not tion, without a permit from the of the child was agreeable, where- Kun, 23, theatre attendant of No. as he was not.
174 Yuk Wing Street, second floor
Mr Schofield remarked that in and Cheung Tin Cheung, labora that binding over was suficient Street. The revolver and ammunt- a case like that, he did not think tory boy of No, 203 1 Tung Chot
defendants were given the option Wing Street. Inspector A. H. Fiston The sentences were altered and the tion were found in No. 174, Fuk of a ane of 845 or one month.
BRITISH EMBASSY IN CHINA
(Special Air Mall Service)...
London June 30. Lord Cranborne, Under-Serre- in a written reply yesterday to a tary of State for Foreign Affairs question whether, seeing that the Government of the Chinese Re public had been established in Nanking, it was intended to move the British Embassy there, said: sider that the time has now come His Majesty's Government con for this change, and they intend lubject to the provision by Par lament of the
2004 to remove the Embassy to Na
can be
appeared for the prosecution. The case was remanded, on his applica tion for two days.
WOUNDING CASE
Chan 80, 18, stall essiétant, öf No. 49 Aplut Street appeared on re- mand before Mr. E. Himsworth at the Second Court, Kowloon Magis-
wounding another stall assistant in tracy charged with cutting and
Mong Rot district on July 12
Detective Sergeant R. R. Els for the prosecution, stated that Man Fong, the complainant was still in hospital, and requested the case to ing. The necessary order was made. be remanded til Saturday thorn-
the new