1909-06-17 — Page 5

THURSDAY, JUNE 17, 1909,

THE LANGKAT CASE

ÖDGMENT FOR MRS NAZER.

Broker's Book Impounded.

(From Our Own Correspondent.)

SHANGILA, June 17. Mr. Justice Bourne, sitting in the British Supreme Court, has given judgment in favour of Mrs. Nazer in the case brought against her by a share broker, Mr. F.L. Marshall, to compel her to deliver by June 25th 50 Langkat shares. The Court held that the broker

was, unable to sue.

Mr Wilkinson, the Crown Advocate, who appeared for Mrs. Nazer, applied to have Mr Marshall's book impounded for s scientific examination.

SOLICITOR'S CONDUC

QUESTIONED.

THIRD DAY'S HEARING.

The action in which Mr C. F. Dizon, solicitor r. of Mesura Hastings and Hastings, is called upon to show use why he should not be struck off the Rolle, wis reamed before the Chief Justice, Bir Francia. Piggott, and Mr Justice Comporta, at the Supreme Court to-day.

Wong Hui Tong was immediately called and was examined by Mr Potter stated that ho resided at Canton and was managing partner of the Kwong Hing Choong firm. In april of last your his firm brought an action against Masars Reatar Brockelmann and Co., and Mr Dizon sated for him, Hastings nuti Hastings being the

solicitors.

ן .

The Chief Justico-Were you in charge of the suit for your firma ?--Yon.

It was agreed that the book be haid for 24 hours to allow Mr. Wilkinson to

During the hearing of the action, con- decide if there was any cause of action-tinged witness, large sums of money ware

[Note. The action brought in the British Cours, noghi, to compal Mrs Florymen Nazer to deliver 50 Langkat stares on Juns 28th to Mr. L Marshall, broker, caps up for its arst henting on June 11. Mr Marshall: was called and deposed that on April 18th he was 30 Langkats short,

the Apri Langkats closed at Tis. 970, but believed they had been up to Tha 976. He bad bad dealings with Mrs Nazer for three or four years. A few days before this he had ridla ber that Langkats were going up and the soked him to keep her advised. Somes times he telephoned to her more than onea a day, but he was not sure whether he tale phoned her first on the morning of tho 17th or whether she telephoned to him. He ៖ ៧ thought the message, asking the price Langkats for June, came first from her, and in answer he informed her that he could get Tls. 950. She asked if he could aot do better and on his informing her) that he would not she instructed him to sell at that price. At that time had a constituent who had ordered fifty shares. Witness had other transactions in Langkats that day" having bought one Ict of ten at Fla. 350 June from broker and another of 25 at the same price. He finibed up the day ten shares long. A fortnight hater Mrs Nazor telephoned that she might not deliver the Laugkat shares: be alright and three-

ዕዮ

inter she said it to him that

days afterwards

the advice of Mr H. P. Wilkinson she was not delivering the

the shares.

ነን '

Mr Wikinuba submitted witness to a very long cross examination, in the course of which the following passages occurred;-- Mr Wilkinson-You had done rather a good thing in having sold short on a weak market. Perhaps.

Mr Wilkinson-Did you tell Mrs Nazer that you were 30 shares short and that you intended to apply some of these 10 shares to your shortage -No; because it was not my intention.

Mr Wilkinson But that is what did happen -You.

Mr Wikinson-When you telephoned to Mrs Nazer saying that prices were going up did you suggest a sale to her 2-No, I do not recollect that I did.

Mr Wilkinson-Del you think she want- ed to bay Na

Mr Wilkinson - Therefore you called on her to induce her to sell-I beg your pardon.

Witness was then asked many questions concorning entries in a day-book, erasures and certain initiala, to some of which be madu no reply.

Mr Arthur L Anderson, Chaizmap of the Shanghai Stock Exchange, gave evidence of local custom. He was naked to produce the official book of the Strick

Exchange and objected, whereupon

r

Justice Bearna, enid-If this book is ab solutely necessary in order that justice may be done between, these parties we must have it.

paid to Mr Dison. Some of the money was paid by friends.

Did you make entries of the payments in any books? Yos

Wore they made on or about the time you made payments?—Yes, On or

About

that you got the book with you?-es

Do yon rumember being in Hongkong, on July 23, 1908 —Yes. *

Did you go to Hastings and Hastings? — I dida

Whom did you see?-Mr Dixon.

Did you make any payment in zaspect- of costs?-Yes.

יי

To whom did you make the paymaut fi To Mr Dizon.

"How much did you pay him 7--8300. Why did you pay $500 on that day. the previous ecession I was there I was told to bring $500 the next time.

• Whah; dià

3500h was zmak:

› Did you No.

Did you get any recipe

CHINA MAIL.

Did your sall Me Mistings about the

He was kiment at the tim

Are you sure Mr Hasslogs waarheent He was in the Colour

the Joans, ben you got the neoque i PRE

Did you complain, to him in Novem

Did you make any entries of those loan! Yes,in my own books. A

Questioned by Mr Justice Gomperta witon said he and got receipts for wil the monies uzcept for 355 retaining fee and the was that gross-examined by Mr

·· Witaess Calthrope

Is it true that you paid all the money amounting to over $14,000 to Mr Dixon 1 No, not all of E

When you were giving Mr Hastings. instructions for the declaration who adbed as interpretar-Mr Tam.

Did Mr Hastings take the instructions for the affidavit:Yes.

How did you come to make this atidavit Well, it was on account of the secounts not being correct,

What step

steps did you take-Tay Mr Hastings and asked him the reason why the 2500 was not moopunted for.

In April on May when you were plaining about the $5001-No, because the sogpunt was already rectified. The only mistake was the $500.

Did the item of 825, paid in March 1907, appoar'Ì'--Tas

How many socounts did you got Two The Chief Justice-There was.mistake

of over $2000. Was it rootidied? When got paid the scequnt it was correct except the 500G

I

Mr. Calthrops -Before the end of the

year the soqcunt credited you with over

$2000 too little-1-Yan

Were ibama paid by your firm given you ?! Not in the Stat account.

Was the total givca 1-It was a detailed acid is contain, the item of 30 paid in March 1-Yoo.

What Items in that account ware omitted P did not verify the account because I was told that the appeal would be settled bro and bys.

You but the woodwat in detail your books and the receipts and yot you can't point out any particular item not included 2

My Diron admitted that the $3,000 was in the bank and it would come sitight bye and byou

When was that Towards the end of the third moon, aboub May 18.

What happened at that interview - mid $500 was not accounted for Mr Hastlog

said. Is that so. I wanted to drop the matter and Me Hastings would not drop the matter. Isaid I am a business man and do not want to give evidence against him. Iam very thankful for the way in which he conducted the case for me. Did you make declaration at that interview -Yoa. He told me to tell him everything

Did you agres to make that declaration? Acclaration, did he not go through slithe

7

When did you frst complain to Mr Hastings about the $500-Sometime after I received the $10,000.

Did Mr Hastings "go into the whole matter with you? No.

When he saw you about making the

Yos

Was it drawn up at that interview?itema vary carefully with you He did No. I want to Canton nod about June 4 Why did you not tell him about the daficiency in the account in November it was drawn up.

last I did and I showed him the account.

4

You voluntarily came back to make it You

In the meantime had anyone soen you about it?-No.

Had you received any lotter about "this 7-nitter -Yes, one.

The Chief Juatico-When was the pre- vious occasion -Either the 18th or 19th of July

Mr Potter-Who was present at the interview of July 231 Mr Heng. He was the only one.

From whom 1-From a friend" of mine named Lo Li Chun. He wrote me a letter. I came to Hongkong and saw Mr Hastings. Who is be Ee is a clerk at Demoon, Locker and Deacon's isn't he?

How long have you known him?-I have known him for a number of years.

What did he say in the letter -Es Who interpreted between you and Mrked me to return to Hongkong. Dixon-Mr Hung

Did he say what he wanted you to came Who handed the 2000 to Mr.Dixes?-down for No, he just asked me to come I did.

back to the Colony. The Chief Justice By cheque ?-Bank

What day

day did you come back --In the

Did you go beginning of the fourth moon.

and see Mr. Hastings 1-Yas. Directly you returned 1-Yes, that day Did you go with Lo-Yes.

Botes.

What did Mr Dixon do then 7-I asked him for a receipt for the money and he said some other day would do.

Have you got your book with the entry for $500 (--Yes.

What happened at this interview - naked Mr Lo to interpret to Mr Hastings

Yob you do not put a word about this in your affidavit-I did not because the only mistake at the time was the $500.

Mr Dixon asked you for alcan of saverni hundred dollars 1-Yea

you

What date was that 1-In January 1908. How many hundred dollars did he ask a for -$200.

Did you agree to lend him $200 T Any arrangement as to payment of interest No.

How did you pay it-Two notes of 8100 each.

.in

Did you ask him for a receipt?-No."

as very pleased, with what he had done Why didn't you ask him for a receipt 7-

the schon.

The Chief Justice-What stage was the action in?

Mr Calthrope-Th was about six months before the action was tried."

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Mr Potter put the book in as evidence and asked him to deduct some of the costs for Fon quite sure he gave you a receiptas White Sister, by IL Marion Crawford.. Fe

Do you produce that bock Yes.

under the ordinance,

The Chief Justice-Could you put it in under the English evidence Urdinance?

Mr Potter-I think so.

The question of putting in the book was waived.

Are you quite contain that you paid the 8500 to Mr Dixon ?-Tes..

Have you received any statement of account from Hastings and Hastings Yes.

Was the 3300 credited to you 7-It was not in the bill.

Have you, during the continuance of the setion, made any loans to Mr Dixon | Tés.

Bow did that occur He hated me for a loan of several hundred dollars and I lent it to him.

When did you make the first loan? January 27, 1986.

Did you come to Hastings and Hastings on that data 1-I did.

Mr Justice Gompertz-You had batzer. let him tell his own storyy

I

Mr Potter-I am going to, my lord, but had to fix the date."

Where did you make the loan At Hastings and Eatings. I paid 2000 cost and lent $200 bosides.

The Chief Justice-Paid Mr Diba?

to

What was the next date that you made loan to Mr Dixon 7-Un May 5, 1908.

Where 7-1 handed it personally at Hastings and Hastings' offico.

Witness Before you order the com—Yes, mitteo to produce it I think you should show me that it will not be handed round at the back of the court to Irish newspapers or to people who are interested on the other side as some papers of my friend's were done just now by the Crown advocate (laughter).

His Lordship-If you have the book it need not go out of your own hands.]

THE MACAO DISPUTE.

(Wah Ter Yat Po's Service.)

PEKG, Jonc 16. :

The Chief Jastice-How much 7---8150, Mr. Potter Was any other money paid

on that date 7-9350 costs. -

Did you make any other losus ? Yes. When?-On June 23.

How much 7-3200.

$1,500 costa.

Did you make any other payment? Did you make any other loan-On Jana 26. 11

Where-At Hastings and Eastings. How much$260 83,500 costa, was Did you in April of this year see Host

It has now been decided that the Macao (also paid at the same time.

Delimitation question is to be neings and Hastings?—Yes. gotiated by the Board of Foreign Affairs at Peking with the Portuguese comtnisaiorier.

FORMER CANTON VICEROY.

(Wuh Te Yot Poi Servica.).

PERING, June 16. Lau Chuan Lin, u Grand Counciller, has recommended that Tsen Chan Haen, lately Viceroy at Canton, be appointed to the Viceroyalty of the Kansu and Shensi Provinces..

TREATY REVISION.

(With Tax Yat Pole Service.)

PEKING, June 18. The Board of Foreign Affaire has telegraphed to the Chinese Minister in Paris directing him to negotiate with the French Government for the revision of the commercial treaty with Cochin

Chins

Do you remember the date -Some time in the beginning; after the tenth day of What did you do --Not having received

second moon.

the action I went there to

the

my money ask for it.

7

As they were very heavy,

What costs did you ask him to reduce? In the case with reference to Penter,

Brookelmaan and Co.

Did you bring with you the bill of costs? -No.

at did Mr Hastings may "We can consult about that bye and byo; I shall sos about it.

What else took place ?-Nothing else. All you discussed was a reduction of your costa 7-Yes.

You did not specify any particular. items No.

When did you return to Canton 1-1 left by the next night's boat

When did you come back again About June 3,

What made you come back?-Because Mr Hastings wanted me to make a declaration. How did you know that I was in- formed by latter.

From whom did you receive that letter? From Mr Tam.

You went to Mr Hastings' ofice by your

20lfYes.

On June 5 you swore to the declaration ?

Yes.

12

On June 4, at the interview, was any- thing said about the coste ?--Yes, something

Was Thantioned.

What was it-I said I would like him to make the costs less. Mr Hastings said

I'll consider that."

Bere you becu paid anything with regard to these coats since the 15th April?-No.

Counsel then cross-examined witness sa

2-Yes.

.14

Mr Calthrops The same day you paid The Mantle of Tahmsel, by J. S. Fletcher, the 85007-Yes

St. Martin's Summer, by Rafael Sabatini, Noblesse Oblige, by M. EL Francis Our Adversary, by M. E. Braddon. Mr Opps by Alice Hogan Rise. The Story of Label, by The Author of The King and

On that day you saw Mr George Hastings And he gave you the receipt I did not hand any money to Mr George Hastings, I handed it to Mr Dizon.

Mr Dixon gave you the receipt 1-Yea That is the signators of Mr George Hastings I don't kntry is in Mr Dixon's

know.

Mr

handwriting

John Johns.*

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in the Corner, by Baronem The Old 8150 Well he was acting for me and I Kingsmead, by Baronear Von. Huttes. was very thankful to him,

Orzy The Bod of No Return, by A: O. Inch bold.

"Did you get a receipt from him?-No.

You paid 83107-Yes, You got a receipt?-Yos.

you

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The Chief Justice-Were the requests for loans made through the interpreter ? Yes.

Whon did

Toa got no receipt -No. On June 23.

Witness was taken through the receipts me by ono.

•

You will not awear that you paid the $500 to Mr George Hastings I handed

to Mr Dixon and he gave the receipt.

it

My Dixon borrowed, between May 5 and June 29, 8600 from you 3-Yes..

Did that make you suspicious -Why? Did you ask him for any of the money back No.

Have you ever asked him --No." Have you ever asked him for s written acknowledgement of the loans No.

You had a great admiration for Mr Dixon ? Yes.

And yet you complain to Mr Hastings

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Dixon for them back Mr Hastings aakod to his payments to Mesars Hastings and about the loans when you never asked M QUALIFIED ENGLISH "CHEMYSTS Hastings for costs in the Reuter, Brockelme to relate everything that had occurred

mann case.

and I did so. You say you paid Mr Dixon 8500 on

Was it

your own money-Our money, July 231-Yos. Hongkong for that purpose-The same

What day did you come from Canten tocmaisting of three persons.

Were they the partners in your firm - Yes, they sro partners.

day

་ ་

As a matter of fact Mr Dixon had attended you on the 22nd -I don't remember that To discuss the question of an application of a new trial 1-1 remember speaking to him about that but I can't my when..

Whore in the detailed account you had sent you 1-At Canton.

Did you notice the item for strending you on July 22-I can't say. I can's read English and I depend on my friends Were you not carefully checking the items?Yes, this item of the 2nd was mentioned.

Did

Did you get any account Yas Whom did you see -Mr Dixon.

d you object to that item ?-The only What did you say to him - neked him thing I told Mr Hastings was the omission to pay me the money due and to render an of the 500.

Then as far as you and Mr Huetings account

were concerned you accepted that item; an correct 1-Yas

Did you get an account?-No

What occurred at that interview 1-1 Pressed him.

4.

Isn't it unusual for Chinese-to land voor without a receipt or a promissory of 7-Yes, but it does happen sometimes. You were leading money belonging to

WILL ALWAYS BE ON DUTY TO.. DISPENSE PRESCRIPTIONS.

WATKINS,

yourself and others. Why did you not ask CHEMYSTS & DRUGGISTS

was in charge of for a receipt Because I

the

HONGKONG.

business. I related the loans to my 31, Queen's Road Central, fokis. They said. "Very well if he pays alright, if he doesn't, maakee." (Laughter.) There is no eridance that you have not kept the money yourself? If y

you want to say so you can.

You were careful to get receipts for the other money I did not want any receipt to say I couldn't trust solicitors who so no and no receipts were given. Do you mean honest? That is why I did not ask for a receipt

DAY & NIGHT TELEPHONE: 482.“

HONGKONG VOLUNTEER

NOTES.

SIGMAZLING CLASS.

At, Volunteer Headquarters at 5.30 p.m." Did you ever sak him again for the toon Monday, the 21st, and Wednesday, the

--Nohay 23rd Instant What time of day did you pay that 36001 ceipt for the 1500 Brockelmand se waard instab JODED

the

Elphinstone joined the Corps on For what I pressed him to give me as the forenoon.

This asse of Reuter, Brockelmann went tried the jury did not believe your ovidence i

The Chief JusticeIs that a wise line? I the 10th June 1909, and was assigned detailed account. He had only given me

the Fall Court 1-Tos... general account.

There was a further question of its goinggest that the answer is that the Court Corpe No. 1909 and posted, to No. 2

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To'bpens up too wide a fiaki.w

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What is your salary 7-820 a month. What are your profits?-Between $300

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A detailed account of what?Of the action in which I instructed Fixatings and Hastings to appear on my bobalf,

Did you see anyone else No. Mr Dixon wanted me to give $10,800 which Erafusod without a detailed account Court to Hastings and Heatings" did you Witness was re-exammed by Mr Epanion this year in the New Laborios PoE TOOL CO., LTD.

What is the next thing that occurred 7-1 Left

Mr Dixon soked you for further does with respect to that appeal Yes, that was the $2,000 paid on January 11 to 3500 a year

As some $4,000 had been paid out of

not think it was

to pay more?

T

The hearing was again adjourned Monday.

is proposed to hold the annual camp for the Artillery, Engineer and Infantry com

unt 22nd November. As the distance from

"to: Hongkong will be too great for members 180

to and fro dally, all employers have been saked to grant leave of absence to those

wiss are VolunteerE of their employes

DEATH OF ME EH BALTOUR.

to enable them to attend camp in those The Shanghai Mercury records the death cases where employers are unable to grant's leave for a week they have been saliad to do

Balfour came out to China as a ilk inspector leave in good time and it is hoped that

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The Chief Justice Was there an account

In consequence of this did not Mr Dixon down up There was a general account.

Witness was questioned as to the account supply you with an interim soooyat?--Yos.

Was that about last Beptember 7--No had the Chief Justice thought it was pro

When wan 3-Somewhere about No babie that the somment patin was the one which was shown to the witnému vember last,

well as Wasn't that in Chinese de well as Mr Totter On what date was that

of Mr F. H. Balfour, in Florence, Italy 15 for either the fast or second half of the handed to you?In the beginning of April English Yes. Irocvivod an

incoount similar to this but I That did not show that $500 had been on 22nd May, after a long lines. Mir week Members are requested to apply raturaad 1t. Ou April 151 went to Boo paid on July 241-Well in that account Mr Hastage who me 810,000, there was a deficit of over 2,000

The Chie Justice- Did ar Dison offer

The Chief Justine What does be meantor in 1870, and soon,tarted on bus we all who can obtain leave for the weak will A Brilliant, Safe and Cheap Illuminant

do so sad strend camp the whole period you a cheque or what He just said heThat I was not credited with it sooount, the firm's name being Balfour, and that the remainder will obtain Juare

ALERT Did you make any The world is overrun by tourists, and I would give me this sooount with your I complained compikint about this! Butler and Co. but through the failure of and attend catsp for ODE HAT GETHA végleg travellers, and civilizing agencies; and in-

to Mr Dixon and the some company at home the firm was and both week and interpretersAND CA ocassinence disasses, such as sleeping sick-hooks Afar raasived: the $10:000 1 Tia they satdify, you Nostory on pended but be paid up the Habit The work to be

they would see about it byn and byung from his private mean

private mean Hal was co- Where At Canton.

What did you do then I didn't speak editor with MrJ. D. Bishop in the Can you read English Na How did you compare your amount then to them again on that subject and I paid Fooving Gastly alter which

editor of the Calestial Amp with your books There were Chinese them $2,000 then.

Which tendswept hai Courier from 1874 to The Chief Joe Whi AN AMERICAN, NEWSPAPER MAN charseters on the bill at the side of the omitted 1-1 can't give any particulier om hame on leave, but on hie

RECOMMENDS A WELL-KNOWN English figures, ZIARA

REMEDY makein WeWhat did you find when you compared Did you know of any itare ad blist time

the sooount That the: 2600 WAR DO SO. Na

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Did you compare

Lost, which were long limited to marrow compared it with my books, sress, are gradually spreading-Bir Patrick

Did you TOT long since the following editorial counted for.

appeared in the Centertown, Missouri, KVAC that time had you receded the redited UUA Leader The editor knows by detailed account of costa --No. only the personal experience that Cosin bedste general out

Colle Cholers and Diarrhoe Remedy will

When did you receive the detailed as

Amerholls (and we haverbosed-like court of comcn 1-Somewhere num dies from disser reliable people in zize of this moon, alther

the community Everyone who ate nsed 127 27

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