1915-09-07 — Page 3

Page

EUROPEAN POLICE AND MONEYLENDERS.

TALES OF TRANSACTIONS WITH INDIANS.

interest wa A ease of considerable heard before the Chief Justice in the Sura Court yesterday, when Suran Fuary Singh, no Indian muscylender, brought action againg. Ernest Carpenter, a con- Habis in the Hongkong Police Fores, a recover 2171, being in to $160 principal and the balance interest, at the rate of 2 per cent. per month

defendant at witness' registered address,

Cross-examined by Mr. Shunton, win-

THE HONGKONG DAILY PRESS, TUESDAY, SEPTEMBER 7TH, 1915.

cannot remember exactly when the long was made, but it was last year. It may have been December.

7 pub it to you that when you asked him "to fill in the date as December Coote asked the reason, and you said, "Never mind, that is my pidgin.”--No.

Mr. Shenton-Has not Coote, pain you: back 860 at the rate of $15 per month, and has he not always paid through the Indian policemen :-No. The promissory no was in my possession. How could he have paid to another man?

Mr. Shenton-In fact, you deny that you lent. Quote any money in the month of

March!

and nine months. He had several timus been approached by money lenders to boi- row men y. In May of this year he want. led momy to send to his people at home and asked P.C. 59 so arrange a loan for him, In consequence of information from P.C. 58, he went to see LP.S. 10 at the

MOTOR AMBULANCE FOR THE FRONT.

FROM THE WOMEN OF HONGKONG.

Below is the second list of subscriptions to the Motor Ambiilanov Fund :—

Ars, Agassiz, Mrs. R. Aitkon, Miss Ander ton, Mrs. Armstrong, Miss Barker, Miss Bascombe, Mrs. G. E. H. Beavis, Mist Joan

Mrs. Hounar, Miss Eiloon Bonnar, Mrs. Beavis Mrs. Beswick, Mrs. G. D. Black,

Miss Caldwell, Airs. Chapman, Miss

Indian Sergeants Quarters. The Indin sergeant handed over $100, in exchange for a bill signed for $100. The note was but being in a dated December, 1914, but

of the $100 defendant handed back $10. P. Curry, MLLO hurry, defendeat took no notice of it. Out Jus defendant, handel for interest. In Jun

returned. Three weeks ago witness met PC. 60 35, but this was subsequently the plaintiff, for the first time, in company

INTIMATIONS

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JUST UNPACKED:

Cooper, Mrs. Cousins, Mrs. Consund, Mra FOLDING FURNITURE.

Mrs. Dalziel, Mrs. G. W. Dawson, Mis, Douison, Mrs. Dyer.

Mrs, '0. I. Ellis, Mrs. Evati.

Miss Elaine Fawcett, Mrs. Forsyth, Mrs. French.

Mrs. Godge, Mrs. Gompertz, Miss Gor-

Collected by Mrs. Hale: Mrs. Carmichuel,

CAMP BEDS

· KACH

$8.50

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COMPLETE

$15,50

COMPLETE.

Miss Betty Cartwright. Mrs. Duncan Clark, WITH MOSQUITO CURTAIN AND FRAME

Mrs. Ivan Grant Smith. (2 Nightingale (Macao), Mrs. T. 1. Porking,

Mrs. Montagu Hatston, Miss Elsie Harston, Miss Beryl Harston, Miss, Winifred Harston, Hill, Miss Joyes Holyoak, Mias Dorothy Holyoak, Mrs. A. C. Hynes, R.E‚H,

Miss Innes.

bir, J. II. Gardiner appeared for the plaintiff, and the defendant was represent-

The Chief Justica said he had assumed ed by Mr. W. E. L. Shenton,

From the number of police constables that with I.P.S. 46. Plaintiff demanded payham, Mrs. Grant, E.L.G. Plaintiff, in the witness-box, said his re gistered address is 2. money lender was No. Mr. Shenton was calling before him and one of the money, and defendant said h 8, MoGregor Berent, Waneluni. He was from his cross-examination, that these would pay no more money until he Friend, Mrs. Johns, Mrs. Moss, Mra night watchman at Messrs. A. S. Watson policemen had noted as they did for the received a receipt for the monay already & Co's stores, The money was handed to express purpose of trapping the defendant paid. Plaintiff refused to give a receipt. Mrs. B. A. Hale, Mrs. H. D. Harvey, for violating the Money-lenders Ordin, and threatened the present action. The ance. But it was a very serious thing it whole of the transaction took place at the fonder to do what he was alleged to have to the plaintiff's registered address.

Answering Mr. Gardiner, defcudant sa:¿ he had never borrowed money before in his life. Ho did not say to Mr. Gardiner that he would do all he could to avol Dorothy Lander, Mrs, D. Macdonald, Miss FOLDING PORCH paying the money. He did say he would | Mackenzie, Mrs. MacPherson, Mrs. C. not pay the sum mentioned in the write Martin, Misa Phoebe Mily Mrs. because it contained five month interest too much. He did not say he would not pay the money because the promissory note was dated in December, when he was in hospita

mes said he no longer carried on the bas the constables had encouraged the monoy Central Police Station; he had never hee Mrs. Scott Hurston, Mrs. C. J. Hewitt, Mrs. LIDTENG CAMP TABIL EIS:

dong

ness of ni mioni y-lender, he terminating his business on the 1st April last as he intended

Mr. Shenton-It is a serious thing that to go to Indja. Since April he had been

this man should be allowed to lend money engaged in collecting debts due to him. to European police in the way ha has done, He was quite certain that the money was The Chief Justice mid that if Mr. Sher handed to the defendant at his registered on's defence was good in law and it was address. He would not kare handed the set up only to relieve these men from pay money over at any other place, because heing an admittedly bona-file debt he was knew perfectly well that he was not allow bound to say that he did not think it a et to transact, his business at any other

very worthy defence. If thes men had Wit place than his registered address,

merely been acting as informers the ca ness denied that the money was lent to

would be different. He was merely think ing of the mural aspect of the matter.

Mr. Carpenter in the beginning of Mny of

this year.

Mr. Shenton-Well, my lord, I hope that Mr. Shenton went on to suggest that the the moral aspect will be on my side. whole transaction took place at the Indian The Solicitor for the defence then men Police Sergeants" mess at the Centritioned P. Allchurch to the plaintiff Police Station, and that the transaction and again suggested that the latter was was made between L.P.8. 46 and I.P.Capproached as to a loan by the Indian 321, who, he deserted, were plaintiff's policemen on behalf of the plaintiff, but ngents in the business, but this plaintiff plaintiff said he knew nothing shout one emphatically deried.

body else's promissory notes. How could he trust another minn to take out a pro- missory note for him in his name?

His lordship (to Mr. Shenton)-I take it you admit the promissory note 7

I am

Mr. Shenton-Yes, my lord? going to prove that the whole transaction took p'nce at the Central Police Station, and I am going to call five other police men who were similarly indebted to the plaintiff to prove that other transactions of a liko nature were put through the two Indian policemen I have named,

His lordship-Even assuming this, are you going to contend that this debt is bar because it was leat outside the registere address? Tho' plaintiff may be subject to

Mrs Jordası:

Mrs N. E. Kent, Mrs. T. H. King, Mrs. Kotowall, Miss Esther Kotewall.

Mr. Lander, Miss Kitty Lander, Miss

Makehom, Mrs. Mansfield, Mrs. Marriott, Mayhow, Mrs. Michael, Miss Millington, Miss E. Moore, Mrs. Morris, Mudame Mous sion, Miss Ruby Mow Fung, Miss Tain Newall, Mrs. Nicholl, Mrs. H. A. Nisbet.

Mr. F. Olson (senior), Mrs. Ormiston, Miss Angel Ormiston,

Mrs. Farr, Mes. Pemberton, Miss Porter, In answer to his lordship, defendant Mrs. Pamirett, Mrs. Ritchie, Mrs. Rohrt said he originally believed that the loanson, Ms Ross, Miss Rutherford.

Mrs. H. H. Sanderman (Canton), Miss was between 1.P.S. 40 and himself, H. Schmidt, Miss Sload, Mrs. Norman L..

was not until three days after he borrowed the money that he knew of a third person in the matter.

Evidenco was given by Constables Coote, Allchurch, and Thorn in regard to loan transactions, all three &ating that their loans were negotiated through the Indian policemen, and the Chief Justics intimatel that he was eatisfied on the question of agency,

Indian Police Sergeant, No.

46,

The Chief Justice observed that the only question he had to decides was whether the replying to Mr. Shenton, said he did not transaction concerned in the present claw whether plaintiff was a money- was carried out an registered

friendly loams, He was not warn

had to and was whether slender;

though he himself had had some

He was not trying the plaintiff criminal charge, whether there violation of the Ordinance or

a

All he particular: transaction was a transaction within the meaning of al Act.

Mr. Shenton said he had to show that more than one transaction was carried out

of any loan transactions between plaintiff and defendant, and denied defendunt a

statement to the effect that it was he (witness) who handed the loan to dufen- dant and that it was witness also who told defendant to sign the promissory note.

Smith, W

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CHAIRS

WITH ARMS, DUCK SEATS AND DACKS.

EACH

$7.50

BACH.

HAMMOCKS WITH VALANCE

PILLOW

EACH

$12.50

Annie, D.C. A.E.C., Miss Duffy, C.GE, Collected by Miss Square: Agnes, Amelia, Gertie, Mary Goo; Mrs. Gloyn, Mrs. Highy, Miss V. Humphreys, A.G.H.,, Mrs. H. Jack FOLDING DECK man, Miss Mary Joyee, Ken, O.UK., Miss Lieliort, Ellen Logan, Mr MeKenny, M.B.M., Nellie, A.A.P., Phylis, Snufer, A.S.. A.S., Mrs. Taggart, Mrs. Temple- Lan, Mrs. Toto, C.T., Margery White.

Mrs. J. W. Stewart. Mis Norah State, Mrs. Strafford, Mrs. 1. H. Silas, Mrs. M 13. D. Stephens, Mrs. F Sutton. Misa Barbara Sutton, Mrs. Basil Taylor, Mrs. C. E. Warren, Miss Evelyn Warren, Mrs.

Mrs. Wookey. Wells, the Misses Wells, Mrs. Wolfe and

First List Second List

Grand Total

$909,50

99:1.00

$1,903.60

The total sum required is $5,500. Con tributions, however, smail n' most acceptable Subscriptions may he sent either to Lady May, Government Hous Mrs, Stubb, 117 The Peak, or to Mrs. Kemp, 3 Gomes Villas, Kowloon,

We are asked to mention that a number of ladies did not give any address whoo they forwarded their subscriptions and the methium of this paper.

criminal prosecution, but your defence by the plaintiff outside the registered denied that he had acted as a bout for the collectors wish to thank them through

does not necessarily invalidate the promis sory note.

Mr. Shenton-Yes, by lord. It makes the whole affair void. I intend to prove

it

address. If he could satisfy his lordship on this point the thing became void.

Mr. Gardiner disputed this

The Chief Justics-Unless you establish an agency between these Indian policemen and the money-lender nothing that passal between them and third parties is admis- Bible.

Mr. Shenton-I shall clearly establish that these Indian policemen were agents, my lord. Judgment was recently obtained theby the plaintiff in an action brought over a loan made actually through these two men as agents

Mr. Shenton went on to make certain suggestions to the plaintiff, which were denied: in toto. Plaintiff denied that at the time the loan was made the defendant- handed back $10 for future interest, nor was it true that a further 85 was rel ured in Jnas last. Since, the signing promissory note he had not received > cent. Plaintiff denied that the tran.otion took place in August instead of December, as set forth in the claim, or that he came up to the Central Police Station to sec Plaintiff asserted that the defendant. defondant saw him in Stanley Street after the writ had been served, and adopted a threatening altitude. He tried to make witnow withdraw the writ, saying that witness had no proof, while he (defendant) had plenty of vitacoses. He reported tho whole affair to the Captain Buperinten dont of Police,

Mr. Shenton-I put it to you that the defendant never went to your registered address at all7-Yes, he did,

WAS

Plainti#

then cross-examined regarding en alleged loan transaction with P.C. Thorn, in which, Mr. Shenton alleged, the constable, for a lonus of $100, signed a promissory note for 8132. Plain tiff denied any knowledge of this and Mr Shenton retorted that the plaintiff only chose to deny it because it had all been paid off.

Mr. Shenton thon produced P.C. Edwards and was proceeding to question the plaintiff regarding a loan transaction with him, when

The Chief Justice pointed out that all

I put it to you that Indian Police Ser.the questions that he was putting to the plaintiff had regard to something that had

geant 48 and Indian Police Sergeant 334

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Replying to the Chief Justice witness

platiff's mariey-lending business. The signature on the receipt produced was admittedly his, but he had not signed it,

Addressing his lordship Mr. Shop-

soid that his defence so the The following are the handicaps for ton substantial parts. faction

into was divided

two next Saturday's Gymkhana The first was that the least was made after plaintiff had wrased to be a money-lender; be said ho ceased to be a ptoney-leader on April 1st and the loan was made in May last. The second part was that the loan was not sions of Section 3, Sub-Section 18 of carried out in sordance with the provi- Ordinance 16 of 1911. Mr. Shenton pro ceded: "I should like to mention that this defence is put up at the request of the Registrar of Money leaders.

The

Chief Justion For general information t

Mr. Shenton – Yes, my lord.

This defence is raised at the request of the Registrar of Money-lenders, because he felt that it was one of a number of cases in which it ought to be brought home to the money lenders what they have, to comply with, and how the Ordinance is to be applied to them. Secondly, I should like to say this, that I think it is abundantly clear that it is not a ques tion of a man in the position of delen- dant seeking these loans but that they are in fact sought after by the satellites of men in the position of the plaintiff in this action. I think there is abundant evidence to show that in at least two of the cases under notice the men were, for the purposes of their loan approached by another person, sind were not money-lender The Ordinance dealing approached, in the first instance, by a really framed for the purpose of protect

ate your runnersI transact my business passed between these constables and these with the matter was protective, and was myself, I cannot transect it through alleged agents and it was mot ovidence at

wall un'oss he established the agency, other people.

Mr. Shenton said he would undertake to

I put it to you that these two men approach the European constables for the Preve ngancy.m purpose of arranging loans between your-

The Chief Justice You should havy

ing men like the defendant, who had recently come to the Colony, and at the same time protecting the money-lender

The Chief Justice One of the chief objects of the Ordinance ja to ensure that a man shall know with whom he is deal-

landing the money is a bond-file money- lender

self and the European, police?It is no: Proved it at first. I am not justified in ing and also ensure that the man

rue.

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Mr. Shenton added that the Ordinanes had a double inture. It gave power for reopening the transaction, and fixing

new rate of interest. It was protective GERMAN SOLDIERS WHOLESAL SURRENDER TO and also dealt with identity. As to the legal position, his contention was that the loan was made by the plaintiff to the defendant after he had ceased to be a money lender Mr. Shenton then pro- ceeded to quote legal authorities in sup- ports of his contention.

Mr Gardiner held that even though the plaintiff gave up his money-lending business he was fully entitled to carry zón" money-leading transactions if he was

registered and

Mr. H. A. Nisbet, Registrar of the Mr. Shenton then produced P.C. Coole, and questioned the plaintiff about Supreme Court, produced the register of Mr. money-lenders. He said that the plaintiff alleged transaction between them. Shenton suggested that Cooto met the was registered in September, 1912. Wit Indian in Stanley Street, and a loan of $50 ness was Registrar of Money-lenders under was arranged, but this plaintif denied, the Ordinance, and this defence was raised witness request. He originally aying that Coote was a police officer and at could have arrested him for a breach of the instructed Mr. Shenter to take up the Ordinance. He was warned when he be case on this particular legal defenos. came registered that he would be liableWitness understood that the defendant a fine of $1,000 and three months' imprison desired to settle the case, ment if he carried on his business at any In reply to Mr. Gardiner, witness said other place than his registered address he hnd endeavoured to raise the point

Mr. Shentor When Mr. Coote filled in the promissory note you asked him to data it December, 1914, whereas the loan was actually made in March of this year -

before, becaus the money lenders were continually changing their addresses.

The Defendant, in the witness-box, said he had been in the police force for one year

His lordship agreed. Subsequently, his lordship said at under ordinary circumstances he would have no hesitation re giving judgment; Was However, an important matter involved in the present case and he would reserve his judgment,

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