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Opis Jo4. si Aning I
with regard to Howell's conduct which seemed to point the other way, and it is on this point that I think a jury would have dis- -agreed. He seems, as I said in my Judgment, to have been busy manufacturing evidence against himself. The facts proved and admitted were in relation to acts all of which he would have
done had he in fact been interested in the business: even to the
last, and during the pendency of the action, he wrote and signed
a chit to the Ice Company on "Butchery" paper, to supply a Pass Book to the Butchery. The principal piece of evidence was a letter written, also on "Butchery" paper, to one Johnson, a steward on the S. S. "China" to ship a certain quantity of butter, and to draw on "me personally" for the amount. I annex a copy of the
letter. Mr. Howell's explanations were not satisfactory, nor were they consistent. But there was one link missing, how Tatam got hold of the letter. Johnson was not called, and I am not very clear where he is now, but it was generally assumed that he is in America. If Your Excellency should decide to carry the matter further this question would have to be specially enquired into. The previous question I submit for Your Excellency's
consideration is this I do not think Howell has held himself
out, or is generally known to the public in Hongkong to be a partner in the business; but he may be secretly interested in the business. Does this come within the Colonial Regulations ? I need hardly say that I do not express any opinion on the question, but merely state it for Your Excellency's consideration.
His Excellency
Sir Frederick Lugard, K.C.M.G., Governor of Hongkong.
I have etc.,
(Sd.) F. T. Piggott,
Chief Justice.
1100
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