1921-04-20 — Page 3

THEFT FROM YAUMATI

SCHOOL.

A MISSING TYPEWRITER. Two Chinese were charged" before Mr. G. N. Orme at the Magistracy, yeater- day, with stealing a Remington type

writer from Yaurnati School. Bath plead Ved not guilty."

The evidence was that the Arsy delen. dant was seen handling the catch of a window. When asked what he was doing he said " Nothing." and walked out, Later the typewriter was misseil.

As the result of police enquiries, the machine was recovered at No. 1, Chong- aha Street. The first defendant was arrested in a house in Shanghai Street, and on information given by him the police went to No. 91. Wonchong Street, and arresteil the second defendant.

The occupier of house No. 1. Chongsha Street, said that first defendant had lived as her boarder for three years and left ber house last month. About 5 o'clock yesterday morning both defendants came to her house and asked her to keep the typewriter for thin, for a while. She did not know that it was stolen property, or A would not have taken charge of the

machine.

The first defendant said that he was a' pasi pupil of Yuswati School, and had worked for some time as interpreter at) the Tung Wah Hospital. He aid he held n

The second defendant, who said that he was a musician, on the other hand, alleged that for several nights first defendant had enticed him to join him in the theft of the typewriter, but that he had refused. Ultimately, be agreed and went with him.

THE HUNDKONG DAILY PRESS, WEDNESDAY, APRIL 30am, 1921,

CHINESE CONSTABLES

}

CHARGED

INTRICATE LEGAL DIFFICULTIES.

IMPORTANT INSURANCE CASE TAIKOO SPRING CHANGES.

AT SHANGHAI. ALLEGATIONS OF FRAUDULENT

"CLAIM

Two Chinese constables made another Fappearance, at Magistracy, yesterday.M. Supreme Court at Shanghai was afternoon, before Mr. R. E. Lindsell, on engaged last week in the hearing of an a charge of misconduct in connection with insurance claim preferred by the Dah their presence in a coolie houer where Foong-Silk Filature against the British gambling was taking place.

Eagle,, Dominions, and General Insur ance Co.

or

We take the following from the British Chamber of Commerce Journal:-

Mr. G. M. Young, Sub-Manager, Hous; kong hus gone on leave and is replaced by Mr. T. . R. Shaw from Shanghai.

Mr N. S. Brown from leave is ap pointed Sub-Manager at Shanghai.

Hongkong to the Private Offer Shang

Mr. W. Turner is transferred from hai, and is relieved by Mr. W. Nicholson from home leave.

by Mr. A. D. Galloway from Hongkong. Shanghai, has retired and is succeeded Mr. H. E. Shadgett. No. 1 C. N, Co.,

Mr. C. R. M. Young. Architect, goes from home leave. on, leave and is succeeded by Mr. J. Offor

Mr.Kaight, Agent at Hankow, goes on leave and is succcoded by Mr. T. J. Fisher from home leave.

Mr. G. K. Hall Brutton, whe defend.

which the proceedings were broughtheart the case; Mr. Reader Harris for ed, contended that, in the action under

Mr. Skinner Turner, Acting Judge, ''guilty of disobedience, insubordination plantiffs: and Mr. H. Lipson Ward for Mr. R. Fullerton, Head bookkeeper, or other misconduct,"--the words defendants

Shangisi, goes on leave and is relieved of ejusdem generis could only be inter plaintiff owned a silk fiature just outside department, Shanghai, goes on leave and other misconduct," on the principle Mr. Ward, in oprsing the caso said by Mr.C. Rogers from home leave.

Mr. D. Macdonald, No 10.5.S..Co. preted in relation to the words which the eastern boundary of the settlements succeeded by M. J.-W. Taylor, Agent had gone before. Where general words The fire sccurred en October gud, last at Swatow. followed particular words the well estab lished principle of ejusdem generis laid insured forTis 5,000 on stock and also on leave and is succeeded by Mr. year. With defendants plaintiff was

Mr. S. S. Roberts, No. 1 Insurance, it down that the general words were with the Norwegian Lloyd for Tis. 18,500

J. H. Little from home teave," governed by the particular words. Mr. on stock, Tls. 1,000 on furniture, etc., Brutton quoted legal decisions in support and Tix. 1,000 on bedding and clothing of this contention. As no disobedience that the rights of the plaintiff with the I had been agreed between the parties or insubordination had been proved, the Norwegian Lloyd Co. should stand or charge therefore fell to the ground. It fall on the result of this present action. would not be a crime for the constables Messrs. L. Moore & Co. his claim in On November 6th, plaintiff sent in to to be in a gaming house, unless they were writing. Subsequently Mr. Cooper, of gambling. The Regulations, in their Moore, inspected the premises on many reference to gaming houses, only mensions from the nature of the debris and He came to certain conclu tioned inspectors and there was nothing as the result of these inspections a letter in the Regulations to make presence in was written on 7th December, stating that the claim was disputed by the insurance gaming house a breach of the Regula companies and was to be referred to ar tions.

bitration. An umpire sat with the arbitrators but his services were not re award which was duly published. Where quired as the arbitrators agreed on their a sum of over Tla 40,000 had been claim ed for stock, the award was for just over Tis. 10,000; for furniture Tis. 1,000 was claimed and the award was Tla 600: Thon bome lense 750 was awarded for clothing when over

оссаѕіорк

Inspector Appleton, for the police, put in the departmental orders made by the gonal certificate of character. He had Capt. Superintendent of Police, with the intention of committing the offence alleged against him, but was led into it approval of the Governor-in-Council. by the other man.

Mr. Brutton said it must be proved that these had been brought to the notice 100 had been claimed. Obviously of the defendants. He also objected that then the insurance companies had to con- these had not been published in the sider their position under the award and Goverment Gazette and therefore did not following on letters between, bis firm and that of his learned friend legal proceed come within the cognisance of the Court,

ings worn taken as the result of the The Magistrate said he could not allow large discrepancy between the amounts the prosecution to be defeated by a techni. claimed and those awarded. The insur ground that the claim was fraudulent. ance companies refused to pay on the The defence relied on the article in the policy which stated that if the claim in under it should be forfeited. The case any respect was fraudulent all benefit for the defence was that the claim put in by plaintiff was false false, to the

A. G. P. de Mario, the headuster of point. Insp. Appleton must be

called and put in the departmental orders the school, amid that he did nos know first

as evidence. deferidant personally, but he had looked up his record and found that he had borue a very good character while at

selmol.

Remarking.. that as first defendant appeared to be a person of some educa- tion, he did not wish to send him to jail, the Magistrate remanded the prisoners in police custody until Thursday, instruct ing first defendant in, the meantime lo try and find some one to stand security for him.

At the Inspector's suggestion, the Acting Capt.-Superintendent of Police (31. T. H. King), was asstil to come to

the Court and give the required evidence.with the intention of inducing the insure knowledge of plaintiff and was, made Mr. King having put in the document, ance companies to act upon it. and having said that constables were. instructed regularly in these rules, Mr. Brutton asked if the departmental orders had been published in the Gazette. give an opinion whether it was necessary Mr. King said he was not prepared to for them to be so publisited.

Mr. Brutton They cannot be low other

WIBC,

His Lordship-1s exaggeration falsity Mr. Ward-I shall deal with that. It may not be fraudulent, But of course If you ex-

Whether crate wilfully it is false."

it is false if you know it.

it is fraudulent is another. a claim ie fale is one question: whether

goen on leave and is succeeded by Mr. Mr. G. H. Edwards, Agent at Ichang, J. K. Jelly from Hongkong.

Mr. Stuart Deas from home leave. sha, goes on leave and is succeeded by Mr. W. Kenmott, Agent at Chang-

Mr. I. H. Howell, Agent at Chetoo, goes on leave and is succeeded by Mr.

B. Gillingham, Agant at Kiukiang, who in turn is succeeded by Mr. J. N. Cunningham, from home leave.

is transferred to Wuhu and is succeeded Mr. R. A. Lawson, Agent at Chinking, by Mr. E. M. Kirkwood from Shanghai

Mr. D. M. Whamond, Hankow, goes

on leave and is succeeded by Mr. G. N. Mr. G. K. Oliver, Agent Nanking, goes Courtney, agent at Canton, who in turn is succeeded by Mr. J. Newman, from

home leave-

Mr. J. H. B. Haree. Agent at walow," goes on teave and in succeeded by Mr. H. M. Webh from home leave.

Mr. F. W. Fowler, Agent at Amoy, U. E. Stewart, No. 1. C. N. Co., Hong- goes on leave and is succeciled by Mr. kong, who in turn is repinced by Mr. R. K. Rodger from home leave.

goes on leave and is replaced by

Mr. R. G. Murdoch, Agent Harbin, F. S. Parsons from home leave. Mr.

leave, return to the Shanghai Office

Messta. Willis and Paul, from home

Messrs McGregor, Chadwick, Griffin, strong and Fielder return to the Hongkong office

2

Mr. R. Denniston, Agent at, Dairer. goes on leave and is replaced by Mr. F. W. Mcintyre from the Hongkong) office

said Mr. Ward, proved that the material on home leave and is succeeded by Mr. The figures given by plaintiff himself Mr. T. Laughland from Yokohama goes

CH. Davis from home leave. The Magistrale explained Mr. Bruton, the premises could not have been silk.

Mr. J. M. Leckie, Tientsin, goes on. ton's previous point as to the interpretat Cooper found no trace of any silke tion of the words to Mr. King.

or other misconduct

He found debris of cocoons Mr. R. J. Bawlinson, Newebwang, goes, nothing like sufficient to account for the 200 or 300 bags alleged to have been on home leave and in succeeded by Mr. nature of his evidence. The plaintiff on stored. At the arbitration that was the

T. T. Sancoat from Shanghai. the other hand produced books which

THEFT BY AN "AMAH. TEMPTATION PUT IN HER WAY Mr. King said that was not the official view; it was the first time he had heard Au amuh, employed at No. 8, Wong the point raised and there had been Nei Chong Road, was charged at the Bevern! such prosecutions. Mr. King coincided with the figures in his claim suggested that the Ordinance intended, and said it necurately represented the naturally, to extend the power of the stocks. He persisted in those assertions Magistrate beyond the limits of the disnt the arbitration. The effect of the ciplinary powers vested in the Capt arbitration award was that either the Superintendent of Police.

Magistracy before Mr. G. Orme, yesterday, with the theft of jewellery

Worth $583.

The woman's employer said she paid the defendant 23.50 per month. At 3.30 p.m., on Monday, she left her jewellery in n cash box on her dressing table and put the koy in charge of the defendant. When she came back, the box was gone. Defendant "said she knew nothing about.

Jabour.

The Magistrate I think these points law officers at the Crown. If they wish should be brought to the notice of the to argue them further I shall be glad to bear them.

THE RABIES ORDER, POLICE COURT SUMMONS? Arising out the order just published. Colony, Mrs. Mackay, wife of a land notifying the occurrence of rabies in the

attended at the Magistracy, yesterday.. bailiff in the Public Works Department, in answer to a summons for allowing a dog to be unmuzzled.

if there was material on the premises in silk was never on the premises at all or

was such that it could not possibly have the nature of this kind at all its valuo been manufactured flature silk. If The case was accordingly adjournedoo of them must be the claim was faise

uither of those propositions was true-and until next Tuesday afternoon.

There could be no questin of the plain in order that her husband, who was away Mrs, Mackay asked for an adjournment. tiff having made a mistake. The facts known to be false. stared them in the face. The claim was on holiday, might toawer the complaint.

The dog, which was suspected, when The circumstances found straying by the police, to be suffer were such that one could not help saying

ASSOCIATION:

THE ASSOCIATION'S SUCCESSES AT CANTON.

value of their own stuff.. It was not, he submitted, a wilfally fals value. It was quite a common thing to exaggerate these claims, in Etigland nuggets amount to fraud. There must be fraudu China; where exaggeration did not. the legal aspect of the ease, of Messrs. Moore & Co., said he hadpanies. Clear and unmistakeable evi- Mr. E. Q Cooper, managing director cat intent to swindle the insurance com- inspected the premises after the fire. Redence of fraud was absolutely essential presentatives of the plaintiff were pre-submitted, had not been given. Plain- to proof of a case of fraud and this, he

amount to fraud

it, so she sent for the police. To the THE SOUTH CHINA ATHLETIC police the defendant produced a diamond ring from her person, and led the polica

it false to the knowledge of the plaintifting from rabies had been ordered to be to the kitchen where a pair of gold

companies did not like to dispute claims Surgeon...

As the Court was well aware insurance destroyed by the Colonial Veterinary mounted rattan bangles and two "other

made upon them but as learned judges.

The hearing was adjourned. rings were found concealed under the

had laid own where they found a glaring stove. Another pair of gold bangles went to Canton to participate in the was their duty, not only to their share

The Association's Athletes Party which cans, he submitted, this was it valued at $100 were still missing. Lighth Kwangtung Provincial Sportsholders but to the general public, to The Magistrate said it was very im-held from the 11th to the 16th inst, re resist it and to have it shown that per prudent of the mistress in ixust the turned by train on bunday night, bringing on making claims under these policies

with them laurels of victory..

hnd to act honestly. defendant, who was the recipient of a The Football Team proved most success Mr. Ward then proceeded to deal with small, salary, with such a large quantity ful being easily victorious in the two of jewellery, thus putting temptation in Chinese Football Competition, and the conleats, viz. against the Kwongtung her way. Es would treat the defendant International Football Competition. leniently in view of the circumstances, There was, however, no foreign team en and sentenes her to only one month's hard tored for the latter. Competition. seat Ho was unable to find any trace tiff's claim, was, not so excessivo as to Tho Valley Ball team aucceeded in deof silk, although he went over the build feating the best Canton team, but losting on four occassions Plaintiff's repre to St. Paul's College, Hongkong, in the apntatives were not able to point out any final. In the Open Championship Game, From this, he concluded that there was Canton v. Hongkong, the latter was the silk on the premises, also that the quantity of cocoons alleged to have been In the Senior Races, the S.C.A.A. were there had been greatly exaggerated, and first in shot put. Unfortunately the respect of other goods. The matter was irst in 120 yds the high hurdles and that there had been gross exaggeration in Association's conspicuous runner, Ko then referred to arbitration. The arbi his being a Physical Director or the Asso were shown a handful of silk said to have Sik-wai, was disqualified on account of trators had visited the place later and ciation would have captured more of the been found among the debris. Witness honours in the Senior.

was unable to account to the arbitrator In the Junior Races, the S.C.A.A took how this was found. It was possible that the first and second in 100 yds. flat

it had been placed thera also in 920 yds fiat race; third, in the Cross-examined-In, nearly every case high jump and first in the team race of Chinese fire insurance, clairs were were not so successful, owing to the

In the Small Boys Races, the S.C.A.Axaggerated.

Yager Schwyzer, of Arnhold Bros, 31 o'clock on the previous night and limited number of boys, it sent up. poke to the prices of steant bloture silk ordered drinks. As it was not customary obtained the 2nd place, giving the first 700 and Tia 600 per picul. It could In the 5-mile Marathon, the B.CA.A last year and said it was betwren Tis to sell liquor without meals, they were man a very close contest. Among the tiot be produced at Tls. 200, not below refused, whereupon Gillespie climbed most successful, races, was the B-mile fin, 500,00

SCENE IN A RESTAURANT. SHIPS OFFICERS SUMMONED Before Mr. R. E. Lindsell, at the Magistracy, yesterday W. F. Gillespie and D. M. Reay, ships officers, were summoned for disorderly conduct in a Chinese restaurant in Des Voux Road Central and with doing damage.

..

Both pleaded not guilty." Police evidence was given that the "defendants entered the restaurant about

victor.

race,

proprietor of ather hangs in Hangchow Plaintiff was theu called. He was also and Wuchow. The capital of his filature. in Shanghai was Tis. 20,000 and $20,000. He was in Hangehow when the fire occur red. Previous to this fire there had been filature when his claim of The 600 was one small fire in the engine room at the paid. There had been no other fires at any of his premisesse

with the making out of the claim. That Gross-examined-He had nothing to do. was done by his accountants, and men. ager who lived on the premises.

over the counter and removed a bottle of Bicycle Race in which the 8.0.A.A led Sur, L. Camera Dot Jardine's, corro he had and where it was. He would. brandy from the wine shelf and took it throughout.

outside where he broke it on the stone steps of the house next door-Police whistles were blown, and the defendants were arrested, p

As there was no evidenco against Rooy, axcopting that he was in Gillespie's com pany, the Magistrate discharged "him. Gillespie, was convicted and fined $15, and ordered to pay $4 to the restaurant as compensalion, maramda

SPORT

LAWN: TENAIS,

TESTERDAY'S PLAY

Handicap- Single, . B. man-beat Forster 02, 04,

Penz

boratod...

had been in business over ten years. He The manager of the flature said he had been manager at the alature over the previous small fro at the flature, two years. Ho had had experience of no others His claim set out correctly silk and cocoons on the premises at the what he believed to be the quantity of time of the fire.

Cross-examined: He knew what stock This closed the case for defendants believe his statement of the stocks

zehave liked the insurance company lo In the afternoon Mr Reader Harris, for plaintiff, said it was clear that in order that the claim should be frkudu Isnt it manat bo wilfully false in a sub stantial respect.The onus was on the defendants to satisfy the Court there had heen wilial fraud. At the very worst, In this case, there was exaggeration du the natural behtel of his clients in the (Continued at foot of next column,

Was

An accountant of the Glature said he made out the claims. From the books which clothing was made out on their own res were correct. The claim for employés": Portone

Reader Harris proceeded to ad This closed the cass for plaintiff and the Courtin

Judgment was later reserved

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