1921-05-06 — Page 3

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AFTER FOURTEEN YEARS. CHARGE OF FORGING A MORTGAGE

DEEP

I ESINDE A BROTHER'S NAME, JORAL "KOLICITOR'S PROTEST,

It

THE HONGKONG DAILY PRESS, FRIDAY, MAY 6cm. 1921,

Witness: No, it has been burnt be" ngainst the present complainant. The Mr. Alabaster: My friend gaily open-

Did she burn it at your was, by order of Mr. Justice Co-ed that the signature on the imemorial cause she man bad gone to Anieries, suggestion perti, in 1010, set aside, the register was was also forged, but he is not charging

No, the man had absconded, and she rectified and the deed was impounded and as with that. is now produced from the custody of the Supreme Court.

Mr. Jenkin: Am no: proposing to burnt it herself. ask the Court to commit on the memorial,

Mr: Alabaster, cross-examined com-

plainant us to a letter sent by the ac countant of the Wah King Leung, u firmi he owned, in which two promissory

Mr. Alabaster: My friend says they are both forged and then asks us to com-notes given by the defendant to the com- plainant one for 83,240—were mention. pare, bue with the other.

ed_and repayment was claimed. **

The witness said he could not explain the reference to the promissory notes.

As to the complainant, Mr. Jenkin re-but I am producing it for the purpose The hearing was begun at the Magis marked that his position was that he had of comparing signatures.. tracy, before Mr. B. E. Lindsell, resterlent $4.000; the deed having been can- "day afternoon, of a case presenting many called, bis security was gone; and, un interesting and unusual features.

fortunately for him, he had to pay the

Mr. Jenkin said that hardly repre- was alleged that on February 2nd, 1907 costs of the proceedings in the action

forged mortgage-deed was issued in when the deed was set aside a matter of sented his case. He wished to compare respect of $1,000, harrowed on the secu- $1,800, so he was considerably out-of-both the forgeries with both orall, the rity of the Inland Lot compring No. pocket. He recently became aware that genuine signatures:

Queen's Road Central. The man

February 2nd, 1907, He also produced the memorial of an assignment of the properly from the brothers, Pang, to a third party, dated March 3rd, 1910.

the man whom he believed to have been Mr. Halmes then "produced the mort who is said to have signed the mortgage absent from the Colony for fourteen years, gage deed and the memorial, dated deed, it was alleged, forged his brother's hail returned, and he had had him arrest.

Three months later the allegeded on the present charge. Dan.

Mr. Jeukin intimated that his first wit. forger left the country and went to live He was not seen agnio by

ness was Mr. Bulmer Johnson, who then America. any of the parties interested until April last, when he was arrested at the instabes entered the box, of the man who lent the money and who, hke the Biblical personage, had to wait fourteen years for the fulfilment of his heart's desire..

In 1910, the mortgage deed formed the subject of an action in the Supreme Court, and it was then ordered by Mr Justice Gompertz to 'be cancelled and im. pounded.

MR. BULMER JOHNSON'S PROTEST.

Asked an to the assignment to the bro thers in 1003, the witness said he might have a record, but there was nothing about that in his subprena.

Mr. Jenkin merely asked if you happened to have it.

"Before 1 am sworn. Sir," said Mr. Bulmer Johnson, may I any that, although Mr. Jenkin has called me as a witness, I do not think my evidence Mr. Holmes: That is why I made the will be any use to him? I have been remarks I did. I thought it exceedingly symmoned here under most extraordinary probable something else would be re- gircumstances. The usual way, if quired and if I had been spoken to, I At the hearing, yesterday, it was indi-solicitor wants another" solicitor to could have looked for it.

a Court, is to ask hin The same difficulty prevented the wit vated, that the case for the defence is that attend

so. I was summoned here by aess from giving other information sought the defendant never signed the mortgage, to do

a policeman. I wrote to Mr. Haywood by Mr. Jenkin. and the Jender of the money was sub mited to a rigorous cross-rxninination, asking why he fad summoned me, seeing In reply to Mr. Alabaster, the witness which it was intimated" would be con-

that the mortgage was executed before said it. was the usual practice for the tinued during the greater part of the arrived in the Colony; so I am rather memorial to be signed at the same time

in the dark as to whether the evidence as a deed. next hearing,

The defendant, Fang Yik Cho, describI can give is admissible. I do not think

Mr. Alabaster: Bo that it would be

4

The Magistrate: Nonsense It in ́¡ quite` definite in the letter. Explain !

Mr. Alabaster: Why should your

accountant ask him to pay on a promis. sory note, unless such promissory note was given?

Witness: I cannot explain.. The Magistrate: You know nothing whatever about it!

Mr. Alabaster: Is that another suni ient by your concubine 1

Witness: No.

Further pressed, the witness still said he could not explain the letter, which stated, Mr. Alabaster noted, that the pro missory note was dated the

very day of the mortgagë.

Mr. Alabaster suggested that this would be a convenient time to adjourn the bear- ing and remarked that he would be a long time with the vitness yet.

BAIL: A PRECEDENT QUOTED. On the question of bail, defendant's counsel said. the amount of the bail- $15,000-seemed excessive în view of the amount involved in the charge.

Mr. Jeuxin He is charged, not with obtaining money but with forging a deed, which, under the Ordinance, is treated as a much more serious offener.

Mr. Alabaster: It seems to me the

way the evidence has been given. It bail is excessive, particularly after the shows that this witness is, absolutely un- reliable.

The Magistrate: I don't see how this

itself.

Mr. Alabaster: When 1 come to it, perhaps you will Our case is that we never signed the deed.

The Magistrate: Did you sign his promissory note, which is not forthcom

ing

ed in the "charge as alias "Pang Siu there is another solicitor in the Colony signed by the same person, whether for evidence overthrows the mortgage deed Chuen, la Pang Kin was charged who would summon a fellow practition-ged or not.? with forging a mortgage deed and utterer by peng. It is practically a Witness: "Almost certainly,

You can hardly imagine a man forg. subpienu vit says in the margin that it ing the same.

ing a signature and getting someone else Mr. F. C. Jenkin, instructed by Mr.I do not attend I can be arrested."

Mr. Jenkin: 1 may not have any need to sign the memorial-Only in a very G. R. Haywood, prosecuted, and Mr. C. G., -Alabaster, instructed by Mr. H. C. Mac 10 detain Mr. Johnson. So far as it is special case, if the deed, were made some maca, of Messrs, Deacon, Looker, in my power 1 apologise to him for any months before and then it was decided. Deacon & Hurston defended.

personal inconvenience he may have been subsequently, to register it.

Mr. A. Suffiad, first olerk of Court and caused, but I am not a party to it. The sale by the two brothers to a third party clerk to the Chief Justice, was the "next in the dect No. 227. Queen's Road Cenin 1916 was apparently executed in the wimess. traf was held on a term of BD years

Mr. Jeakin: You attend in answer to presence of 31r. Bulmer Johnson and he from the Crown from December 2nd, 1841 appears the most probable person ton sulipanu issue to the Registrar!

Mr. Jenkin. X. it is a life sentence. On September 9th, 1003, the property was

I am told the Mr. Sufiad said that he did. He pro-

Mr. Alabaster Your Worship granted assigned by the then holders to the two prave the signature.

riginal assignment is not here, so Mr. duceti a deed of mortgage, dated "Feb-very low bail in a forgery case, recently- brothers Pang Kia and Pang lo, as

Bulmer Johnson cannot prove anything runry 2nd, 1007. On its face this appear- $230, I think it was

Mr. Jenkin And in that case low-bail tenants in coinnion. The first, was

circumstances have present defendant.

shown

In opening the case, Mr. Jenkin said that the property mentioned as security

the

3r Jenkin: I am also going to ask Mr. Sufiad another question, but I shall meet with no success, for a reason that he will explain (to the witness): Do you produce the file in Original Jurisdiction Action No. 170. of 1909.

Mr. Alabaster: That promissory note is. in his possessio

Mr. Jenkin in the circumstances which I have outlined to you, that this mortgage deed was set aside by Pang Ho, who is now bailing out the man who is alleged to have forged the derd. I suggest the bail is not excessive,

The Magistrate; It is a 14 years' sen, tence, is it not?

The Magistrate: In that case it was only us attempt.." on

The Magistrate agreed to reduce the bail to 210,000 cash and $5,000 on security.

The hearing will be continued on Tuesday afternoon; -

was justified, as A mortgage which I am not able to place the documented to be cancelled "and impounded by formed the subject of the present charge before him. The point only, arose yes order of the Court, 13.3.10. it purported was executed on February 2nd, 1907, One terday and the time has not been very to be signed and executed by one Pang of the tenants in cominen, viz., Pang Ho, laag to go into the matter. I would Ho purported to mortgage his woisty or like to tender my apologies for troubling share of the property to the present com-r. Johnson.

Mr. Johnson: May see the declars, plainant, Chan Piu Chi, for 84,000 at Anterest of 1 per cent. per month,tion that I am brought here with?" Chinese computation. The case for the The Magistrate: The application for complainant was that the deed was not the subpiena↑ " executed, in fact. by Pang Ho, but by Mr. Johnson What I wanted to know the other tenant in common, who repre- is on what grounds it was thought sented himself to the mortgagor to be could give any evidence at all. Pang He, executed the deed as Pang Ho, The Magistrate: It is in the ordinary and signed Paug Ho's name. The inter form, that you are likely to be able to eet under the mortgage was paid for three give material evidence. That is all. Crown Solicitor. months, and the present defendant then regret that you have been in any way disappeared.

inconvenienced.

4:

Mr. Suffind: 1 am unable to produce it at present. This file was searched by Mr. Haywood's clerk on April 19th last. and it was not found. I understand it is either with the Attorney-General or the

BREACH OF HARBOUR RULES.. CARGO AND PASSENGER BOATS- FINED.

When the as Tangire King arrived in the harbour, on Wednesday afternoon, two Chinese cargo boats and a Chinese Mr. Jenkin: That is the day before the passenger boat went alongside the vessel erest took place.

the

before the police had made their inspec tion and had given the necessary per

In reply to a further question, Mr.mission. By doing so they contravened Suffind undertook that the search for document should be continued,

Mr. Jenkin: If you please. It is had a complaint to make; "May I men- sential that it should be produced.

The complainant was a retired Cali- forainu merchant and he had been in the THE LAND OFFICER'S COMPLAINT. habit of employing his capital in lending The next witness was Mr. H. K. "money on leaseholda on mortgage. Through Holmes, acting Land Officer, and he also

F. X. d'Almada the loan -arranged in "807, Counsel was instructed

My

Witness Yes,

one of the most important of the regula tions framed for the maintenance of dis- cipline in the harbour, and, accordingly, at the Marine Court, yesterday, the mistresses of the cargo boats, Cheung Sap and Lai Sam, and the steerman of the passenger boat Li Ping were prosecuted before the Marine Magistrate (Lieut. Conway Hake, R.N.R.): The owners of the cargo boats, whose first offence it was, were fined $16, with the alternative of a fortnight's jail. Li Ping had figured in the Marine Court before, and in bes caARO the penalty was increased to $25, or one month's imprisonment with hard Inbour.

Ition this," said Mr. Holmes; "it is usual The Magistrate: It was as the result that the sigatures on the deed, and the to give witnesses from the Land Registry of the action that the deed was impoand- memorial signed at the same time, were forgeries, and that the real signature of some sort of notice as to what they are ed 7. Pang Ho could be seen on the original wanted for. I have had a subpenu and

the brothers in 1903, am asked to testify all I know; to prove THE COMPLAINANT'S EVIDENCE assignment to

Chin Poi Chee, the complainant, said Another specimen of his handwriting memorials, and so forth. I might, by

he was a retired Californian merchant. would be found on a subsequent assign looking at the Register, make myself ment of the property in 1918 In March acquainted with certain facts that might He said be only knew the defendant as 3rd, of ibat year, 1016, the two brothers or might not be asked of me So far a Ah Pang at the time the negotiations OBSTRUCTION IN HARBOUR. assigned the whole property to a third I know it is the ordinary form of pro-with regard to the deed were taking party: Pang Kin was still absent from cedure in connection with the production place. He did not know, either, what the Colony and the real-Pang-Ho-execut of documents in the Police Court. It is connection_the_man_had with the pro- ed the documeat and neted as his a matter of courtesy and practice, that perty. He left it to his solicitor. He was

is ull." brother's attorney.

MR. JENKIN'S DIFFICULTY,

I shall have some difficulty in proving

this case (continued Mr. Jenkin) though

confident in identifying the defendant as Mr. Jenkin We only asked for the the man who signed the deed; he saw him production of certain documents.

aign it, and his nephew saw it. All the The witness also raised the question of interviews in connection with the mort

'JUNK "MASTER FINED.

For anchoring bia junk in Sulphur Chael, and thereby causing an obstruc tion in the harbour, a Chinese named Pang Sou San was fined at the Marine Court yesterday. The defendant gave the explanation that he was taking in cargo by means of a small boat, which was making trips between his junk and the shore. The Magistrate (Lieut. Conway

I hope to do so to the satisfaction of the custody of the records required for gage were with the defendant; he never Hake, B.N.R.) imposed a penalty of $5,

the

the conduct of the case, and it was point saw the brother. ed out by the Magistrate that if the

Peng Ho-the-defendant's brothora then brought into Court.

in default seven days' imprisonment.

Mr. Jenkin: Do you know that man i

WHEN A MAN'S FORTY. Witness: Now, I know him. I first if he has not previously worn glasses, he should kas no time in baring his sight properly testo a saw him when the deed was cancelled. I had to pay his costs.

quite

the Court for this rerson that the man whose signature is forged is the brother defendant were committed, the dec of the forger, and he has also gone bailments would be sent to the Supreme for his brother in the present proceed Court, and if he were not, the documents ings. Therefore, I gather he is friendly would not be required. dispored - to his brother who, it is our To suggestion that copies of ense, at one time forged his name. I have documents might serve the purpose, Mr. The witness said the interest on the he has won them, he should make requested that a subpang be issued for Jenkin replied that not very much turn: 84,000 was to both per cent. per month, sare by a ncioutine test that his glasses do no

attendance of Pang Ho, whom I shall ed on the contents of the deeds: the 60 a month. After three months' pay want altaring. This is important. Up to the call as a witness, and by that means I

whole, question was the authenticity of ments, in 1907, he did not see the defender of -shnji-be able to establish that the signa

ant again until April 23rd, 1821, when he of forty the muscles of the eyes will: zome tures on the first assignment of the pro. signatures on the originals.

times make up for defect by s'raining. After perty, and on the last, are his; and that Mr. Holmes said he had mentioned the bad him arrested. the signatures on the mortgage, and matter because the Ordinance required

forty, the chaticity of those muscles grad nelly memorial afe not his. He will be pre the documents to be kept at the Land complainant said he never had a promis essens until they become quite tant. The Hongkong Optical Co., Successors to Clark & cluded from saying that the signaturer Office on the challenged documents are his, be

Co. Holsting & Manfacturing: Opnicians. located in 63,-Queen's Boad, Central, have the cause, in 1609, ho, in an original action, had that dood set aside of his own voli

equipment to test your sight accurately.

· ADTZ. tion, when he appeared as a plaintif

Cross-examined by Mr. Alabaster, the

sory note from the defendant. His con- Mr. Alabaster: 1 understand there is cubine lent the defendant $150, a few no charge with relation to the memorial days after the mortgage was signed. executed at the same time as the deed Mr. Alabaster: Have you got the pro:

Mr. Jenkia: That in so.

missory note 1:

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