That Mr. Kelly obtained certain articles from the Tim Heung Ka, without paying for them, is the evidence of this charge. Chau Tat Hing, his assistant, states that Mr. Kelly came on the first occasion and ordered articles from them. The said articles were supplied by the assistant. Although the assistant was not called as a witness, there is direct evidence regarding the occasions referred to, except the first. Mr. Kelly admits the receipt of the goods.
The question to be decided is under what circumstances the goods were received by Mr. Kelly. In considering this point, I have been obliged to a large extent to ignore the evidence of Chan Tat Hing.
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