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THE HONGKONG TELEGRAPH,
WITNESS AFRAID.
INDIAN'S FEAR OF MONEY
LENDERS RECALLED,
"A statement made during the hearing of an Indian moneylend- er's claim before Mr. Justice Jacks whon Kartar Singh stated that be was afraid to tell the truth be-
SATURDAY, NOVEMBER 17, 1928.
he was the master or the proprie. SESSIONS CALENDAR. tor of the business. I cannot help fooling that the defendant is more- ly trying to shield himself behind a defunct firm. Had the firm been still in existence And the
plaintiff had sued them on this note, I do not belleve, they would have considered themselves bound by a promissory note signed by one of their subordinates, oven cause if he did so all the money-though it did bear their chop lenders, with whom be was heavily neither could I hold a firm liable Involved, would be against him on the signature of a subordinate was recalled at the Summary unless it could be proved that he Court yesterday afternoon, when had authority to bind his princi- hin Lordship delivered judgment pals in this way. in favour of the plaintiff.
CARVALHO YEO. TO BE. TRIED BY MR. JUSTICE JACKS.
According to the official an nouncement of the Criminal Ses- olona calendar, which commences at the Supreme Court, at ten o'clock on Monday morning, the trial of Carvalho Yeo, in co- nexion with the Treasury frauds, will begin on Tuesday morning, at half-past ten before the Pulsne Judge (Mr. Justice Jocks),
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I now come to the second point The case Was one in which raised in the defenco, namely that Karnail Singh, a watchman at the the transaction was not carried Palace Hotel, Kowloon, sued Ng out at the plaintiff's registered Wal, formerly of the Chong Tai address. I see no more reason to timber arm, which has now cens belleve what the witnesses for the ed to exist, claiming the sum of defence say with regard to this $540, being principal and interest than I did on the first point. Un due on a promissory note.
til it is proved otherwise, I must When the caso was Inst heard presume that this transaction was Kartar Singh, who was subpocnu-carried out according to law. The defendant has called another wit- ed as a witness for the defence, with regard to this, namely, Kartar Singh, who admittedly wrote the note for the plaintiff. The plaintiff says the note was written in his quarters but Kartar against Chan Kam-fuk, both arin- Singh says he wrote it at the de- ing out of robbery incidents. The not evidence on which I feel con- that on September 17, this year, he fendant's placa. His evidence is substance of the first chargo is strained to, overrule the presump-sold a revolver and six rounds of tion that the transaction carried out according to law.
was ammunition valued at $50, the pro- perty of Mr. W. H. Whiteley, No. 17, Broadwood Road, In this con- nexion he is further alleged to have stolen articles belonging to Nellie Whiteley, these being a string of pearls (810), a gold wrist watch (8100), a gold bangle ($30)), and a purse containing $30 in
Monday will be devoted to the hearing of three other cases which will be before the Chlef Justice (Sir Henry Gollan). The first case concerns four mon, Chung Tak, Wong Lim, Lo Luk-cheong. and Ho Kui who are charged with a robbery on having committed October 9 at No. 3, Kwong Hon Torrace, and are alleged to have robbed Yip Hang of a gold chain, LONDON SERVICE watch and pendant, and Lo King- | *"ANTENOR" wan of a neckehain and pendant. "DIOMED"
made the statement referred to above. He gave his evidence by replying to direct questions, dur: ing the course of which he denied mit perjury because. Karnall Singh would not lend him $100. On the Singh. had tried to bribe him not to give evidence by offering him $50.
that he had come forward to com
other hand he alleged that Karnail
Mr. D. L. Strellett was for the
plaintiff and Mr. C. A. S. Russ
defended,
Giving judgment, bis Lordship
anid:
The Judgment.
The defence is: first, that the defendant did not horrow the money himself but signed the pro- missory note on behalf of the firm which employed him. Secondly, that the transaction was not carri-
On the evidence put before me and that the defendant is liable on the note which he has admitted he signed, and I do not consider | that there are sufficient, grounds for ruling that the transaction did not take place at the registered ad- dress of the plaintiff,
Having arrived at these con- clusions on the facts, it is un- necessary for me to consider the legal points which were put be fore me. I therefore give judg-
od out at the moneylender's regis-ment for the plaintiff with costs, tered address and was therefore vold.
The evidence given in the case Is conflicting on both points raised by the defence.
Instalments Application.
Mr. Russ applied to his Lord- ship for the case to be put in chambers to-day in order to con- sider the question of Instalments,
|
There are two separate charges
money,
In the second case, the samo prisoner is charged with commit- ting a robbery on October 18, to- rether with others unknown, at No. 58, Shaukiwan Road. He is alleged to haya robbed Tong Lan of a gold ring and Leung Wal of a blanket.
YANGTZE DISASTER.
With regard to the first point, the plaintiff anys ho lent the money to the defendant personal-had not consulted his client with THE SINKING OF THE HISIN
Mr. Strellett remarked that he
regard to the point.
TAMING.
Shanghai, Nov, 10. With reference to the collision be piled for his Lordship granted Mr.tween the Atsuta Maru and the Hsin Russ' application.
ly that the defendant was the master of the Chong Tai firm and Commenting that it was usual in that he knew of no one else in the
cases where money lent was claim- firm. The defendant anya, that heed to grant Instaiments when ap was only a salesman in the Chong Tai firm and that he borrowed the money for and on behalf of his em ployers. He called Ng Hung, who was described as the manager of, the firm, to corroborate his state- mont. He could not call any of the partners of the firm na the only one he knew, one Mok Hung. had left the Colony and the firm no longer carries on business.
I am not satisfied with the de- fence on this point. I cannot be Heve that the plaintiff would have been antisfied with the signature of a mere employee—a salesman-- had he been lending money to the firm. There Was no evidence
that Mok Hung, the alleged mas- ter, had any communication with the plaintiff, nor is there any evi- dence that the manager of the firm, who saitl he was present when the money was paid over and who said he chopped the pro- missory note, ever said who he was or who the master was, or explained what position the defen- dant held in the firm.
Defendant Shielding Ilimself.
I believe ho lent to the defen- dunt personally in the bellef that
Inte
Being a good listener isn't
saying much!
...
Taming near Chinklang on February 18, in which it was estimated that 280 Chinese were drowned, the Shanghal Times states that three arbitrators have awarded the Chinese owners of the Hain Taming approximately $203,- 000. The two Japanese arbitrators understood the dissented, but it la signatures of the other three/makon the decision binding-Reutor.
[From accounts of the disaster re- colved at the time, it appears tha Atsuta Maru was aalling down river and had reached a point about 80 miles East of Chinklang when two amall steamers were observed to bo leaving the small port of Taipingchow and making up river. The second of tho toumers, the Hain Taming, collid- ed with the Atsuta Maru on the port afde, the Japaneso boat being holed. The Hain Taming was crushed below the water line and mando water rapidly. She floated for about an hour before going down. There were about 550 Chinese passengers on board and a paule immediately started, which greatly interfered with rescue work. Many of the passengers jumped over- board and were drowned, but the majority went down with the ill-fated steamer. The Atsuta Maru and a number of funks rescued about one hundred of the victims of the disas- ter.]
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To YOKOHAMA via Shanghai
& Kobe.
CHENONCEAUX... 30th Nov, PORTHOB............ 4th Deo. ATHOS II........... 18th Deo. D'ARTAGNAN... 1st Jan, SPHINX...... 15th Jan.
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