1938-03-14 — Page 24

GUERILLA COUP IN SHANSI

Shanghai, To-day.

THE CHINA MAIL, MARCH 14, 1938.

"MISTAKEN IDENTITY” APPEAL FAILS

All attempts by the Japanese An appeal by Wong Chuk-man ings, although he was present on to repair railway tracks between against the decision of the Off the premises on one occasion when the different important towns cial Receiver refusing to admit a meeting was taking place. occupied in North China are be proof of appellant's claim of ing frustrated by Chinese Eighth $34,456.19 in the Wing Hosiery Route Army guerillas, according Mills bankruptcy proceedings, to a despatch from Tientsin this was rejected by the Chief Jus- morning.

tice, Sir Atholl MacGregor, at the Supreme Court this morning

The latest incident is reported to have occurred in close proximity to Taiyuanfu, when a party of

400 troops attacked repair gangs about 43 kilometres from Taiyuanfu, and wrecked several miles of track which had just been repaired.

Appellant was -represented by Mr. S. Ng Quinn, and Mr. D. B. Evans appeared on behalf of the Official Receiver, Mr. I Andrewes.

R.

ANOTHER NINE

Cross-examined by Mr. Evans be admitted that he was a partner in the Ling Hoi Bank, where he used the name of Wong Kam-chin, but denied that he ever used the name of Wong Wah-yu

He lent the debtor firm $30,000 on the security of the machinery. Appellant made no valuation as he took the word of Wong Hui-lam Japanese re-inforcements were

Mr. Quinn stated that the ap-Told that the machinery, when sent to the area from Taiyuanfu, pelant's claim was rejected by the sold, realised only $8,600, appel- but on arrival the Chinese had Official Receiver on the ground lant said, he was not aware how already withdrawn to the hills. that appellant and Wong Wah-yu, much was realised. Appellant ad- Japanese troops who attempted to one of the partners of the debtor mitted that in 1936 he mortgaged them, suffered severely firm, were one and the same per- the Bill of Sale to Messrs. James from machine-gun fire of a well-son. This was based the H. Backhouse, Limited, for the placed rearguard.-our Own Corres- affidavits of Leong Ching-chuen purpose of providing security for pondent.

and Tsang Kong, two former em ployees in the debtor firma.

pursue

goods bought by debtor firm. Liabilities under this mortgage Thirty-four cases of smallpox

could have amounted to $14,000. were reported to the local Health Appellant in the witness-box Asked why he did this if he had Department in the last 48 hours. this morning stated that the firm no interest in the firm, appellant Twenty-three were in Victoria, six was indebted to him for the replied that Wong Hui-lam was a in Kowloon, two in Shaukiwan, one amount claimed. Appellant denied good friend of his. He put up the --in Aberdeen, one in the New Teri-that he was Wong Wah-yu, to whom mortgage on condition that Wong tories and one in the harbour. he had been introduced by Leung Hui-lam handed over his village Ching-chuen two years ago. Ap-property as security. This was a The "Ranpura" left Singapore on pellant also denied that he was a verbal agreement. Saturday and is due here on Wednes-partner of the debtor firm. He day at about 5 p.m.

never attended partnership meet-

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EVIDENCE GIVEN

Evidence was then given by Wong Ki-tat, one of the partners of the debtor firm, Charlie Wong and Wong Kam-wing, former em- ployees, who testified that appel- lent was not the managing partner and was not Wong Wah-yu.

Mr. MA. Drysdale testified that Leung Ching-chuen had claim- ed in an affidavit that debtor firm owed him $995, but he had not yet proved his claim. In the state- ment of affairs of debtor firm there was no mention of Leung being a creditor, either preferential or ordinary.

Mr. Evans stated that it was im- possible to serve a subpoena on Tsang or Leung.

Rejecting the appeal, the Chief Justice stated that there was not one independent witness to testify that appellant was not Wong Wah- yu.

BRITAIN MUST BE "ON THE AIR”

Health Minister's View

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