1940-01-03 — Page 11

THE CHINA MAIL, JANUARY 3, 1940

EVIDENCE ON THE IDENTITY OF A PLAINTIFF

EVIDENCE THAT CHAN KWOK-NIN, THE THIRD · PLAINTIFF AND CHAN CHUNG-WAH WERE TWO DIFFERENT PERSONS, WAS GIVEN AT THE SUPREME COURT BEFORE THE CHIEF JUSTICE, SIR ATHOLL MACGREGOR, THIS MORNING WHEN HEARING OF THE ALLEGED FORGED MORTGAGE CASE WAS RESUMED.

The property at issue is In Des Voeux Road Central and Wing Lok Street, and plaintiffs are Chan Ful- hing, Chan Sik-tin and Chan Kwok- nin. As co-owners, they declare that without their consent and knowledge, the property was mortgaged. They are asking for a declaration that the signatures to the mortgages were forgeries and that the mortgages are null and vold.

The plaintiffs are represented by Mr. Elden Potter, K.C., and Hon. Mr. Leo d'Almada, Jr., instructed by Mr. C. d'Almada, e. Castro, Mr. H. G. Sheldon, K.C., and Mr. H. C. Mac-

namara, instructed by Mr. M. M. Watson, represent the defendant, Mr. Fung Kai-sun, against whom the ac- tion has been brought.

Yung Pak-tit, accountant of the Yau Yue Bank, and exchange broker, said that he had known third plain- tiff for over 20 years as Chan Kwok- nin. He never heard plaintiff refer- red to as Chan Chung-wah. He knew Chan Chung-wah and had seen both together at the same time..

In reply to Mr. Sheldon, he denied that Chan Kwok-nin and Chan Chung-wah were the same person.

FURTHER EVIDENCE

|

CHINESE

TRYING TO STEM ADVANCE

Chungking, To-day. Following the arrival of Chinese reinforcements, it is thought here that the Japan- ese advance along the Can- ton-Hankow railway north of Canton may be stemmed.

The Japanese attack appears to have been well-timed and launched when the Chinese were re-organising their lines.

This enabled the Japanese to the east of the railway to advance north- ward in an attempt to outflank the Chinese troops holding the railway at Yingtak, and to threaten Shulkwan from the south-east.

With the arrival of reinforce. nients, It la belleved that the Chinese will be able to fill the gaps in their line south-east of Shulkwan.

Lee King, manager of the Li Kau Sang Company, said he had known the third plaintiff since 1933. He was introduced

by

Chan Chung- wah, and sold to plaintiff a quantity of sugar

cane. He had

Kwok-sonally been to the house of Chan

there.

High Chinese commanders are per- directing operations at the

-

northwards along the Reuter.

nin and had seen Chan Chung-wah front in an effort to halt the Japan-

He last saw Chan Chung-wah ese advance

railway. at the end of the Chinese New Year. He, too, in reply, to Mr. Sheldon, denied that Chan Kwok-nin and Chan Chung-wah were the same person.

Wong Ping-hung, brother-in-law of third plaintiff, said he had known the family for over 30 years. Kwok-nin was also referred to as Kin-Lap and another brother, Chan Kwok Yul, as Chan Chung-wah. He last saw Chan Chung-wah in May.

Chan Kwok-nin and Chan Chung- wah were different persons, he said in reply to Mr. Sheldon.

HANDWRITING EVIDENCE

The next witness was Au Tai-yau, a hand-writing expert, who said he had been Chancellor of the Kwangtung Institute of Law. He had studied cal- ligraphy and was often engaged for the writing of special scrolls. had taught penmanship to more than 1,000 students and had ample oppor- tunity of studying different handwrit- ings.

He

Shown signatures of the first plain- tiff on the retaining form, on receipts given in the country and the speci- men written in Court, he said they were all the same. Shown the mort- gage and the other deeds in dispute, he said that they were not in the same handwriting.

The case is proceeding.

MOSCOW AND THE QUAKE

Ankara, To-day.

Moscow's attitude towards the Turkish earthquake and flood dis- aster is the subject of comment in semi-official circles, in Ankara.

DETERMINED DRIVE

Chungking, To-day. Arrivals here by aeroplane from Shuikwan, strategic city on the Canton-Hankow railway near the Hunan/Kwangtung border, re-

-port-that-the--Japanese--forces- north of Canton, are making a determined drive northwards along the railway.

While a Japanese column along the-railway is engaging Chinese troops in the vicinity of Yingtak, it is stated that Japanese forces cast of the railway are trying to reach Shuikwan by breaking through the Chinese left wing. Reuter.

Mr. G. A. Goodban, headmaster of the D.B.S., has reported the theft of iron gratings from the school build- ing yesterday.

Ingenohl's

ENGINEERING

Leadership

GIVES IN ALL VAUXHALLB—

REMARKABLE ECONOMY (20% more m.p.g.)

INDEPENDENT SPRINGING (changes riding into gliding) CONTROLLED SYNCHROMESH

(you can't help making a good change)

NO DRAUGHT VENTILATION (fresh air without shivers)

We will provide an adequate trial run on any Vauxhall model, and demonstrate its petrol economy

VAUXHALL

SEE & TRY THE 10 & 12 H.P.

HONGKONG HOTEL GARAGE

Stubbs Rd.

BURNS PHILP

Tel. 27778-9.

LINE

Passenger & Freight Service To

AUSTRALIA

WE HAVE

A VESSEL

SAILING

FOR

SAIGON,

MADANG,

SALAMAUA, RABAUL,

SYDNEY AND MELBOURNE

IN THE

SECOND WEEK OF JANUARY

Excellent passenger accommodation with a large

number of single cabins at no supplement. Built- in Swimming Bath and Spacious Sports Deck.

Passenger & Freight Agents:—

GIBB, LIVINGSTON & CO., LT

Telephone 28031

Grand Corona

LA PERLA DEL ORIENTE"

P. & O. Building.

Humidity in the Colony at 10 am. this morning was as low as 28 per

cent

BQ X -of 25 ̧§ 8.- Humidor of 25 $ 8- Humidor of 50′ $15.50`

The BEST of ALL Coronas Cigars

Obtainable at all

DE

DE LUXE Box of 10 $3.50 LUXE Box of 25 $ 8.50

DE LUX 8. Box of 60 $18, DE LUXE Camagon of 25 $10,-

In GLASS TUBE-Box pl. 10)$ 4.50

Ingenohl's Cigar Stores "La Perla" del Oriente" and other tobacconists

It is pointed out that, in direct opposition to the attitude of Britain and France, Soviet Russia has sent neither condolences nor"offers of help. -Reuter.