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THE HONGKONG TELEGRAPH,
LAWYER LOSES CLAIM.
CENTURY CRESCENT
INCIDENTS.
WEDNESDAY, MARCH 27, 1929.
After a Chinoze, described as the No. 1 coolie of the Instone Banking Corporation, had given evidence of having made two unsuccessful at- tempts to find a house coolie, named Ah Hing, and the chauffeur, Mr. Brewer himself entered, the witness box.
"The jury are quite agreed that there is no need to hear any de- Mr. Brewer In The Box. fence." This announcement was made by Dr. A. Ritchie, foreman knowledge his wife was possessed of Mr. Brewer said that to his own of the jury of three, who were a very highly embroidered petticoat, called to hear the case in which, which had been described. She also Mr. Instone Brewer sought to had in her possession counterclaim from Mr. R. Sim- of clothing which was left over from antall piece mons, of No. 4 Century Crescent, the making, which had since been three_sums of money. The case] handed over to
to the pollos for the was heard by the Pulane Judge, wife to be possessed of a string purposa of identification. He knew Mr. J. R. Wood.
of Ciro pearls, having given them to her himself. He also know that his wife had at least two rings of value, one of which was lost, on "this oc
It will be recalled that Mr. Simmons succeeded recently in claiming $875 from Mr. Brewer for rent. Mr. Brewer counter claim-casion."
missing, were
ed on three grounds. He claimed Witness went on to say that it was $268.75 in respect of personal pro- he who first discovered the loss of perty stolen from No. 4 Century the ring on being informed by bis Crescent on or about June 11, wife that other things were missing. 1928, by reason of Mr. Simmons' To his knowledge, none of the negligence and by his breach of
things stated
becauso witness bag and and his wife
one hand- knew the contents. When they left for Canton, all the windows of their rooms were locked; except one, which was barred. On his return, he noticed that the win- dowa were still locked and nobody could have, tampered with them.
duty as a boarding house keeper takoned with
to take reasonable caro for the safely of property brought into the house. A second claim was for $375 na damages in that Mr. Simmons did by threats, promise or actions, compel Mr. and Mrs. Brewar to vacate the premises on June 30 without the notice to which they were entitled. The third claim was for $8650 for trespass.
י
Mr. Brewer alleged that Mr. Simmons, unbeknown to Mr. and Mra. Brewer, invited sundry per sons to make use of Mr. and Mrs. Brewer's bedroom and bathroom and to make use of their property.i
The countorelalm, which was partly heard on March 15, was continued yesterday afternoon, when the first witness called by Mr. Brewer WAS Mr. D. M. Wheeler.
Mra, Wheelor stated that she had had an opportunity of examining at close quarters an artificial flower of Mira. Brewer's,
The flower was alleged to have been recovered by the police from No. 33 Sharp Street.
Witness was shown an exhibit in Court and identified it as the flower that belonged to Mrs. Brewer.
Continuing, witness said that she was aware that Mrs. Brewer postess ed an elaborately embroidered pet- ticoat,
On June 26, said the witness, the went in the company of Mrs. Brewer to Mr. Simmons' office, where Mrs. Brower asked Mr. Simmons' if he had
come to any agreement and the latter replied, "Everything is settled; you can leave at the end of the month.”
Replying to Br. D. L. Strellet, who
|
Mr. Brewer said there were three dogs on the premises, one of which was not leashed and was allowed to Baw Mr. Simmons 1-That is untras. roam. They, had never had the kay to their bedroom,
Mr. Strellett, interposing, observed that it was agreed that there was no key and that Mrs. Brewer had never naked for ane.
aken
On June 16, said Mr. Brewer, Mr. house as soon as possible." Simmons asked him to leave the Wit- nees objected and on that occasion, Mr. Simmons got very angry because ARE the search at Sharp Street had taken place. Mr. Simmons told the witness that the chauffeur had instructions not to allow Mr, or Mr. Brower to use the car and threatened to make 1e very difficult for the Brewers if the being threatened with police they stayed on, culminating with
efection if they did not get away by July,
On June 18, continued the witness, he wrote to Mr. Simmons suggesting that they should meet again in an amigable frame of mind and try to reach an arrangement. On or about June 22, after dinner, Mr. Simmons and witness met and discussed the
matter and Mr. Simmons promised to compensate the Brewers if they would leave the house at the end of June. Witness concluded by adding that at no timoan lie desirous of leaving No. 4 Cintury Grescent without com- pensation. Horas vory comfortable
the office and; moving was a task
to them,
DAINTY
GOODS FOR EASTER
LATEST STRAW HAT SHAPES
ALSO
A BIG RANGE OF WHITE
FELT HATS at $4.85 Each.. SUNSHADES
IN CRETONNE OR SILK. PRICES FROM $3.50 TO $15.75. RAINCOATS
A Visit to Canton,
FROM $8.50 TO $27.50.
ELITE STYLES
A. P. O BUILDING.
· FALLING MARKET. FOREIGN BANKNOTES.
SHARE BUSINESS.
Witness said that he and his witej her and returned the next night after CALL MONEY RATE AFFECTS left for Canton on June 10 after din-
an absence of twenty-six hours, He could not remember. If ho or his wife wife discovered that the bathroom used the bathroom that night, but his was dirty the next morning and had the place cleaned out.
BUYING AND SELLING MUST,
BE ON CASH BASIS. New York, Mar. 26. The elevation of the call money issued by the Department of Fin- The following order has been rate to 14 per cent, marked the be,
picton was caused by the loss of the trous of the heavy declines for
Mr. Brower explained that sus-ginning of one of the most disas-ance at Canton: pearls and the petticoat and a search many months. Many active stocks banknotes in this province in the "The direct usage of foreign Mr. Simmons that night during din-lost from five to thirteoil points course of trading has already been ̧ and avon first class rails are be-
was made. A roport was made
ner,
In answer to a series of other Ing considerably sold off-Reuter's prohibited by the Government, but questions, Mr. Brewer stated that his American Service,
it is found that considerable specu- wife and only one evening dress and
flation in these notes has been go- that was the one with the lower in
ing on. This is an undesirable
and both he and-ids wife worked in the dr Ver just before put away because he might lose himself and ie. ilable to cause one to lose one's in the drawer just before they went punch you on the noxe7-(Witness' to Canton,
reply was inaudible).
practice, the Indulgence in which Mr. Brewer said that Mr. Simmons, on being told of the loss, sympathised again on the 22nd 7-Because we had be the moans of upsetting the Why did he court your company monics and property and may even vanta quartera bo searched. with him and suggested that the aer-arranged to have an amicable meet-equilibrium of the local money
Mr.
Ing. Simmons only mentioned his three lady visitors when they were speak-responsible to you for the loss of able to have such speculation Did Mr. Simmons admit that he was market. It was considered advis- ing of another subject.
your goods 7----No. I have never
Two Pale of Trousers. Mr. Strellett: You are a barrister, I think?
Witness: I have been called to the bar.
represented Mr. Simmons, witness said that she had been in Hongkong for twenty-two years and had bought artificial lowers here, but added that good ones wero difficult to get. She And seen flowers similar to the one in Court, but not as good as that. Wilness alleged that flowers of that type could not be purchaxed singly but could ba bought with frocks. Answering further questions also said that she had served in a dressmaker's shop and know that flowers of that Mr. Strellett: If I put a ques type were bought from France ortion or two in a technical manner, you America. Flowers that could be will be able to deal with them?- bought locally were described by wit- Yes. nvas as "pretty cheap stuff."
She added that it was her opinion that the flower could be copied by Hongkong tailors,
"Great Frienda."
His Lordship: You are a barris- ter7
Witness: Yen,
I think you came to the Simmons'
February 7-Yes.
You fuave heard of that incident about two or three weeks after ar rival which I pul to Mrs. Brower, in reference to the losing of an over coat, the contents of a pocket, about
to him. 10
Mr. Strellett: What subject was said no. Mr. Bimunens also argued brought under control, and in con- it?-Might have been anything; that we could never bring it home sultation with representatives of might have been the weather,
You ask his Lordship to believe telling the truth. that 7-Je
probably won't, but I am Mr. Strellett next asked witness if he gave the impression to the police, when they arrived, that Mr. Simmons was a lodger in his (Mr. Brewer's house. Witness said he did not. didt-Yes,
Would you be surprised if you
Mr. Brewer sald that it was named the Chambers of Commerce, the between himself and Mr. Simmons Banking Union, the Garrison Head- that the matter should end by their quarters and the Bureau of Public washing out the whole thing.
At evidence, he indicated that that closed there should be governmental decided that the conclusion of Mr. Brower's Safety it has been bin case.
he had no case to answer.
Mr. Strellett then submitted that supervision over such activities. For this purpose two special His Lordship pointed out that in officers will be appointed who will regard to the first claim, the ques
Witness informed the Court that $100, and a pair of trousers, and fr. Slmmons' house 1-I don't think Hons for the jury were to determkin keep themselves in touch with tho
she and Mrs. Brewer were "great friends." She knew nothing about Mrs. Brewer's jewellery and could not say if the latter had certain rings which Mr. Strellett named, and noither did she know anything of Bira. Brower's scarves or under- clothes,
Witness gave it as her opinion that $15 would buy a really good em- broidered petticoat. She had seen embroidered petticoats that cost $50, but had not seen many,,
She had never seen Mrs. Brower wear any pearl and could not re- member if the latter possessed a printed scarf,
Mr. Strellett: Have you discussed
the description of that flower with
her in the last fortnight 7-Yes,
I put it to you that a great deal of the description that you have given us now, is what you have discussed
also
then put it to Mrs. Brower and I subsequently found that that was a diso put
it to you now, that it was claim which you could not substan- tlate?-The things had been lost.
I think I am right in saying that on the night before, or that morning, shall I say, you did return?-It would be from Canton-
Point?-It is not true.
"Not from Canton but from West
We
And that you had taken the unusual course of taking the overcoat with you into your bedroom T--Yes, never kept our things downstairs. We always took them upstairs.
You were very surprised when a fow days later, Mrs. Simmons chal- longed you with woaring the very
pair of trosora you said you ind lost 2 should be really very sur prised if she did say no,
I put it to you that the police never Did you tell the palico that it wAR
I did. Why should I?
Because it was his house and you a certain date. Secondly, the value their duties to start as from the the stolen property, and thirdly, were bringing the police in. I put it
en 23rd inst. that the articles were to you that he was absolutely ignor stolen at the value given to them,
assuming ed?
if certain properties were stolen on transactions of the brinking shops,
of the articles being stolen
1
►
87-On the contrary, Mr. Simmons'
Beginning on the 27th Inst. was Mr. Simmons negligent and did vents' quarters were searched. permission was asked before the ser-his negligence lead to the theft. speculation in foreign currencies Did you see the police ask Mr. out that there was at least come date the buying and selling of for Continuing, his Lordship pointed is to be prohibited, and after this Simmons 1-No, I got the partice to evidence gother and walked away.
Why were you in a hurry I did not want to embarras Mr. Simmons; it was a delicate subject, thought the police would like to ask questions about Mr. Simmons' visitors.
their value. As to and there was also some evidence of elga banknotes for exchange pur
negligence, "We had better not discuss Just now
pose must be conducted openly, and leave it to the Jury,"
and must be on cash basis. It will Lordship said that he did not think on paper purchases or sales of for
On the second counterclaim, his therefore not be legal to effect
that Mr. Brewer had proved any com- pulsion to vacate the promises, eign currencies, and simply make Mr. Strellett pointed out that the good the difference in exchange. Answering further questions, wit- essential point of the case was negli-rate only when delivery is duc.. ness said that he had nothing to do gente, and his Lordship replied that All forward exchange transactions. with the warrant te search, the pre- Mr. Strellett had better call his wit must be covered by contracte. mlaes in Sharp Street. He admitted nesses and proceed with the case,
Sharp Street Bearch.
having sent up the chauffeur with a The foreman of the jury: The jury which are to be submitted to the
with her?-I remembered it better right, I've got, two pairs exactly the the hereby got the address for need to hear any defence.
And you replied, "Ah, that's all chit to the police, and added that the are quite agreed that there is no government officials for registra
latter
Hon. Fulfilment of these con- sama"That has a ring of truth Simmons avoided him.
warrant. After the search Mr. Ils Lordship (to Mr. Brewer): tracts on due date are to be effect. because I had two: palra,
Would you like to address the jury? ed in the presence of these offlelais Because he was ashamed of him- Mr. Brewer: No, My Lord. self as you said the last time?-| Yes, he ought to have been.
Mr. Strellett then asked for judg- tranenctions, not merely specula- to ensure that they are genuine ment with costs and this was giventive playing on the exchange rates.
than Mr. Drewer did herself.
Answering the jury, witness said that Mrs. Brewer had told her that
the flower was purchased in Canada for G.$2.50,
SALESMAN SAM
(POPEYED PELICANS, BUT I've
BEEN HAVIN' A LOTTA PUR FLYIN' AROUND TOWN WITH (Only Hale "TH' LETTERS OF
TIGUMP'S NAME ON
(T.
WELL, I: GOTTA ROMIT IT WAS A CLAYER STUNT||
YOU'VE KAD EVERYBODY
GUESSIN” —
Mr. Brower admitted that he was never more than a boarder at Mr. Simmons' house,
I put it to you that it might bel for defendant.
Guess Again
BUT I THINK IT'S ABOUT I'M ONE JUMP' TIME TA PUT TH' REST. ́RHEAD OF YA,GUÍZ- O' "TH' LETTERS ON-I'M JUST FINISHED ANXIOUS TA KNOW WHAT / PAINTIN" EM ON - TH' BUMP'S NAME "HOP OUT AN' "TAKE
15-
A LOOK!
AIH
PLEASE
SAY!! ARE YOU GOIN' Cuckoo ?
CERTAINLY NOT! THOSE ARE THE OTHER HALF O'TH' LETTERS- I MERELY PUT 'EM ON {THE OPPOSITE SIDE Oʻ
TH' BLIMP!
GUZZLEM'S
J. -U-D-E
B-G-Y
GOZZLEM
·PRUVAT
BUT THEY DON'T MEAN
A THING, THAT WAY!
By Small
Now,How's YOUR MEMORY?
IF YOU CAN RECALL
AW, SURE THEY WHAT THE LETTERS DOL IT GIVES | ARE ON THE OTHER PEOPLE ANOTHER SIDE OF THE BUMP CHANCE TA DO IT WILL BE SIMPLE
· SOME GUESSIN' TO FIGURE OUT THE
BLIMPS HAME-IF YOU CAN'T RECALL TRY AND FIGURE, IT OUT ANYWAY- "THE LETTERS THAT ARE ON THIS SIDE, | BRE MISSING ON THE OTHER AND THE LETTERS ON THE OTHER SIDE ARE MISSING ON
"THIS
·Sivell
•