1934-05-01 — Page 9

TUESDAY, MAY 1, 1934.

$81,188 SHARE CLAIM

DEFENCE OPENS

MR. MOK YING KWAI NOT IN COURT

ADMISSABILITY

OF BOOKS

In the absence of Mr. Mok Ying-kwai, witness for the plain- -tiff, Mr. Eldon Potter opened the case for the defence in the hear- ing of the claim by Mr. N. V. A. Croucher for $81,188.93, against the late Mr. Woo Hay-long, formerly compradore of Messrs. But- terfield and Swire, Lid., Shipping Department, before the Chief Justice, the Hon. Mr. A. D. A. McGregor at the Supreme Court this morning.

The defendants, Messrs. S. T. Butlin and H. R. Forsyth, chartered accountants, of Gloucester Building, executors of de ceased's estate, are represented by Mr. Eldon Polter, K.C. Mr. F. J. Jenkin, K.C., and Mr. H. Macnamara, instructed by Messrs. Woo and Nash. Mr. H. G. Sheldon' appeared for the plaintiff.

Opening his case Mr. Potter dealt with the admissability of the books of the deceased, an admissability he wished to prove as the books of Woo Hay-tong were to be used largely in his evidence for the defence.

Deceased's books were without exception written up in his. own handwriting. The first book produced contained a full record of advances made against the security of shares. There are many entries against Mok Ying-kwai in this book. This book contains full particulars of the shares held, including their numbers. “Al- though a record is made in this book of all share transactions, there is no record of the 5,000 Watson's,” said Mr. Potter.

American - Bound

General Ma Chan-shan With $30,000 spending money given him by the government, General Ma Chan-aban, hero of the Ninni river battle against the JapaneSI

THE CHINA MAIL.

Today's Short Story.

TOWERS OF FAME

Hinterruption.

By Elizabeth Irons Folsom

E raised his voice to bar. Kent passed over the question.

"I'll tell it exactly as he told me. "You cannot tell anything I'm sure I can. I could not forget about anyone. Romance survives it. He had driven ten miles, where you least expect it. Would through dust and wind with a you look for it in Eric Hall, for thunderstorm rolling up ahead of instance? Would you suspect him-purple storm with a green him of Romance?".

fringe on it the kind they have out. "Well, hardly," said one of the there. He was whacking along when listeners. "Not that calculating, he caught sight of a sign by the cold man-all indifference. Just to roadside. He stopped and backed make your point, don't try to prove his car to read it. It said—I re- that he has known sentiment."

"More than most men," replied Kent. "I have a notion to tell you about him. I will tell you. Come closer, Janet-all of you—to hear

and leader of the Chinese opposithe unbelievable." tion to Japanese Invasion of Man-"About Judge Eric Hall, who churis, is coming to U2 S. for aJisita

knows only power-fame!". They laughed.

EXPANDING

THE UNION OF

SOUTH AFRICA

"The next document, exhibit power to prevent suck a sale. Mr. Common's Statement On

Hertzog's Speech.

"Yes, about him."

"How do you happen to know?? "He told me."

"Did he expect you to tell?" "Heaven knows what a man ex-

pects when he babbles."

Dinner was over; coffee was

being served in the big, candle-lit

member it exactly---It said:

SMOKING, DRINKING, PRO. FANITY, FORBIDDEN AS YOU PASS THROUGH THIS TOWN. YOU HAVE NO RIGHT TO POLLUTE THE AIR.

MOST PEOPLE ARE BAD. MOST PEOPLE LIE, STEAL, AND DRINK.

"Oh! Truly!" gasped Janet.

TO-MORROW'S STORY

To-morrow's story will be "No Robbery," by Ronald Fuller.

drawing-room. The guests had made littlo intimate groups; some one at the piano at the far end of the room touched half strains be-

"It was what Eric was looking tween talk and laughter. The group for the entrance to the town of in the deep window drew closer to fanatics. There was a blank-looking Kent, and made themselves comfort-group of bouses marked at intervals able.

"Babbles is what I said," went letters

by tall, white board signs-black

од д white ground.

He

"L," is a note made on a slip of Croucher has complete protection paper bearing the name of Moxin and there is no reason why there and Taylor. To this document 1 should be any contractoral liability EARLY PLEDGES RECALLED attach importance a showing between himself and Mr. Woo." the financial situation between "Both parties are covered by the

London, To-day. Mok and deceased."

law as it stands said Mr. Potter, "Exhibit "N," continued Mr. Mr. Woo could not sell the shares J. H. Thomas, in the House of The Dominions Secretary, Mr. Potter, is the book which con-without paying $69,500 to Mr. Commons yesterday stated that tains a record of securities set Croucher, and Mr. Croucher could he had received no communica-on the speaker, rolling a cigarette drove slowly. It was Sunday and out in detail, and Mr. Forsyth not sell without notifying Mr.tion from His Majesty's Govern- with deliberation, "but that is the the stillness was absolute. There will prove that he took over 3,000 Woo."

ment in the Union of South wrong word. We were old friends; was a building that might be an Cement shares, 1,500 Realty

Object For Visit.

Africa, containing General Hert- In fact, I was responsible for the hotel on the veranda were vacant shares, and 500 Hotel shares, all

Continuing Mr. Potter submitted zog's statement in the Union whole thing, for I had talked about chairs tilted against the rail; a few bearing numbers recorded in the.

that Mr. Woo's object in asking Mr. Parliament, in reference to the the queer town'in one of the Middle shops, grey with closed doors; book.

Croucher to call on him on June 1 transference to the Union of the Western states. Eric # the kind houses grey, too, all with doors shut or 2, 1932, was that he wished to British Protectorates in South who always wants to know, so when tight, curtains made to screen. The be satisfied that Mok had the Africa, but in view of the press he happened to be in that part of main street, three or four blocks a reports, he thought it convenient the state, he hired a car and drove long, was deserted. At a far corner paid into Mr. Woo Ray-tong's ac-interest in the shares. He also to state the position of His Ma-out to see for himself."

jesty's Government in the Unit

ja man appeared, took a look at the It wished to be assured that

""I've heard of that town," declar-coming car, and stepped out of count at the Chartered Bank.

ed Kingdom.

led Janet' eagerly., "There is no sight. A woman who came out on will be seen that it is credited to would not sell without his know.

other like it, is there?" the "Woo Mok and Co., Account," ledge."

her porch, slipped back, and shut the door sharply. She was grey, too-clothes and hair; the distant man had seemed grey-a brown-

"Exhibit "A," the Bank pass- hook, deals with the sale of Realty's on June 13, 1932. for the sum of $6,947, which sum

WAL

this account being the

one on

which Mr. Woo operated when

making share transactions."

Mr. Potter, producing deceased's

shares, and also that he had

(Continued on Page 7)

Mok

share book, containing a complete GERMAN TRANSFER

*

list of shares, said "Here la book in which decensed invariably entered any shares purchased, and

It contains no record of the 5,000 Watson's shares. This evidence

will be corroborated by the fact that every share recorded in this] book is in the possession of Mr. Forsyth."

Mr. Won Helps Mok. Continuing Mr. Potter said

"Woo Hay-tong was a person

MORATORIUM.

Berlin Parleys Still Continue.

.

London, To-day.

He recalled that pledges were given when the Southern Bill was before the House of Commons in 1908 and on later occasions on be

[half of the Government in 1919 RUBBER SCHEME and in 1925, that the House of

Commons would have the fullest opportunity of discussing and, if they wished, of approving the pro- posed transfer of territories to the Union.

No Statement Made. In the House of Lords, in 1925,| it was also stated that the Govern

Discussions between the German ment would not make any decision authorities and her creditors

AND BRITAIN

Steps To Give Effect

To Agreement.

"SPEED IMPORTANT'

London, To-day.

Producers' agreed

re-until the native population and the The Governments concerned in garding the payment of foreign in-white population had had a fall the Rubber. well-debted nations in respect of medium opportunity of expressing their plan for the limitation of the

A

known in the Chinese world as man of position and standing, and under these circumstances any

out sufficient marginal protection

to satisfy the average mortgagee.

He also lent him money without in-

and long term loans were continued views, and any

representations world's output of rubber are now

The Colonial Secretary, Sir

ry, like the dust that whirled.

"He stopped the car again to read another sign, this one as large as a house front, full of preachments, repeating the words that he had first read:

MOST PEOPLE ARE BAD,Į THEY LIE, STEAL AND DRINK,

NO OUTSIDE PEOPLE OR IN-] STITUTIONS WANTED HERE. THE DANCE IS OF · THE DEVIL, THE THEATRES ARE DEVIL-BEGOTTEN,

"And again:

MOST PEOPLE ARE BAD. THEY LIE, STEAL AND DRINK.

POWELL'S

CHANGE

BUSINESS

ADDRESS.

We have дом opened our doors in the new STOCK EX- CHANGE BUILDING and have resumed business at 10, Ice House Street.

We give you a cordial invitation

to inspect our new store and the new goods displayed."

WM. POWELL, LTD.

Gentlemen's

TAILORS & OUTFITTERS.

TO ALL OUR CUSTOMERS!

We have opened a new "CARE OF FEET”

We have prepared a refreshing bath for your feet. We shall cut your nails properly.

We shall remove your collosities and cornis, We shall do our effective massage of your feet, which will have most agreeable effects for your tired feet.

Rata

CHINA BUILDING. ·

Shoe Shop.

(opposite King's Theatre).

Chiropodist. Repair Service.

Tel. 27945.

For the convenience of our customers in KOWLOON, we are shortly opening a branch store at NO, 224, NATHAN ROAD, in the KATHERINA `BUILDING. Tel. 51341.

LOCAL NEWS BREVITIES

| UNEMPLOYED LOSES $715 GAMBLING.

in Berlin yesterday, and will be re-which either might make would re- considering a draft inter-Govern- sumed to-day.

ceive moat careful consideration mental agreement to give effect to Sir John Simon, in the House of before the Government came statement in his books will have Commons, said that pending their any final decision.

to the scheme, great weight attached to it" "Mr. outcome he was unable to make any

"As he stood reading, he was con- Woo had helped Mok out of finan-further statement on the subject~pledges were repeated on behalf House of Commons, yesterday, stat./streets ahead and behind him. They] Mr. Thomas added that these Philip Cunliffe-Lister, In the sclous that men had appeared in the cial difficulties, on securities with-British Wireless Service.

of the present Government both by ed that subject to similar undertak-fitted the houses-brown-grey, himself in the House of Commons ings being given by other Govern-closed, shut tight. They walked Sentence of two weeks' hard fa-

Gaoled For Theft, and also in the House of Lords in ments concerned, the British Gov-slowly, eyes on the ground, but, as bour was imposed on Mak. Ying. July last. Copies of them were ernment had decided to take the they passed him, he had a look from an unemployed Chinese, by Mr. Q.. communicated to the Minister of necessary steps to give effect

Sentence of six months' hard to dach.

The looks were alike: A. A. MacFadyen at the Central (By Telegraph, Copyright, Telegra- Justice, General J. C. Smuts, while the agreement

labour ominous-hate snapped out at him Police Court this morning, for Chong-hing, unemployed, by Mr. was: imposed on Kam phic Messages Ordinance, 1894, Rahe was in England last year, he jenived May 1, 8.88 a.m.)

So far as British territories were from under briefly raised lids. loitering with intent to commit a added.British Wireless Service, concerned they could hope to put lashes down from

Esch face had a set mouth, with felony at the Central Market Yes Police Court this morning for the Q. A. A. MacFadyen at the Central

the agreement into force as from

its corners. terday. Mr. Wong Tong, Chinese Consul June 1.

theft of $715 from the Kwong Each head that turned slightly had There was every reason

menaco-hostile promises,

Central Fines of $160 and $64, in default Tung-Hing Stall, No. 28 of lightning swept down the street; hard labour, respectively,

"The storm was breaking: a dash three months and one month's Market on February 15.

Sergeant Guild said that accus

terest."

"The Plaintiff's case is that Mok had purchased 5,000 Watson's shares carried by plaintiff, On June 1 Mr. Woo purchased the shares from Mok and took personal responsibility to the plaintiff, enter-

at one per cent. per month, Mok had been discharged from all

of the claim." -

GOLDSBOROUGH BILL

SPECIAL TO CHINA MAIL

Washington, To-day.

The Democratic members of the

were

ing into a contract to pay Mr. Crou-House of Representatives Bank for the Philippine Islands, arrly to believe that it would be equally chrr $60,506, at compound interesting Committee has decided against ed in the Colony from Canton last possible in other territories. Speed

action on the Goldsborough Bill at evening. Mr. Wong, has returned in this matter was also vory Im-thunder crashed; for a moment the imposed on Wong Pang, unemploy-led le a brother of an employee at this session of Congress.-United to China for a holiday trip and portant, he said. liability. That is the precise nature Press, per S.C. Gold Bar Co. will shortly return to his post.

wind ceased-it hung aloof and the ed, by Mr. E. W. Hamilton at the the stall He visited his brother As regards the practicability of calm was thick with the brown-grey Central Magistracy this morning, several times, and secured a dupli the scheme be recalled his repeat of the town with deep silence for keeping an opium divan and ate key to the safe from which he ed assurances that the Government desert plain, a skift alone on would not enter into any agree ocean, would have been more friend-lat · No. 7 Cheung Hing Street Canton, where he lost all

the for being in possession of opium stole the money. Accused went to money by gambling. He then re- turned to the Colony, and was arrested last Saturday in Holly- wood: Road.

"To prove that case two things

must be established:

1. That there was a sale by Mok to deceased of these 5,000 Watson's shares.

2. That there was a contract between deceased and plaintiă, that Mr. Woo would himself be flable for the sum of $09,500.

No Evidence Of Sale. Our attack on the plaintiff's case! is two-fold, firstly we submit, that there is no evidence of sale by Mok to deceased. It will be submitted that Mr. Woo merely acquired an interest in the shares, and became & second mortgagee. Secondly, even if there was a sale by Mok to Woo Hay-tong, it is impossible" to believe under the circumstances that Mr. Woo made himself contras torally liable to plaintiff.”

"Why should Mr. Woo go out of his way to make himself contrac torally liable to a third party." "Our proposition is this, that a salo" of property, which has been pledged or mortgraged to a third party does not create any contractoral lability between the

the property and the mortgagor, thermore, the mortgagor

Taking Over Soviet Consulate

on the

ment unless it was sitiffed that it was comprehensive, fair 'and practicable-British Wireless Seri

Ivice.

TONKIN CARGO TRANSFERRED.

Rough Seas Still Prevail.

fly, he said."

"Where is the Romance?" some one naked, as Kent stopped.

second floor.

Personal Pars

"It's at hand. It crossed the street in front of his car just as the The forthcoming marriage of Mr. wind came tearing like a railroad Wong Sze-ming, of 48, Nathan Road, train. He saw her face for an in- and Miss Rose Tang, of 16, Mow stant before it caught her. Well, Lam Street, Yaumati, has been folks I can't tell you how Eric announced.

apoke of her face. He forgot that| he had ever seen a court room or

The Hong Kong University Arts, 4 law office, or had known indiffer-Association will hold a farewell ence or ambition. He said to me launch plenic to Prof. R. EM

Work of transferring the car and forgot he was abcalding The will leave Blake Pier for Clear I can see him as he rapped the table simpson on Saturday, The launch from the French steamer, Tonkin,

50,000 KISS FEET OF IMAGE.

Praying Multitudes In Madrid,

Madrid.

the

› Figures of the Saints in every

which went ground on Nauchau face of that giri, Kent! And can Water Bay at 2.30 p.m. sharp church, in Madrid are besinged by Island, near Fort Bayard last Thurs. You believe it of Eric he went on:

praying multitudei me never" bes day, was carried out during the Do you remember Haphaela pen whole of yesterday, according to inant girl! The one with par formation received from the Talk HD and queer, asking STOK

| Dockyard Ca, this morning, the yo

Bad weather still prevails, and. attemp) has yet been made by:: Talkoo Dockyard – šugho which furstanding 074.

ber, mun

ired

Bhe

Mr. Thomas B Belajo, manager fora

of the Far Eastern Chrysler Motors. In a single day. Corporation, returned to the Colony pory kissed the tes from Shanghai by the sa. President of Christ presetited: to. Pierce this morning,

able church by the Medinacelli...

Jack E, Ellis, general mana-

Queues "half".

the Ganaral Export Company formed before

čisto, arrived in the Colony dreds of davol the am. President: Pieros; this perform. morning: Mr" Ellis, is on 'an exten- Others", mova

siya-business trip to the Ba

knees, Ran