1922-06-27 — Page 2

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THE HONGKONG DAILY PRESS, TUESDAY, JUNE 27, 1923.

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• WOLLOWRA CHARTER PARTY CASE. JUDGMENT. FOR DEFENDANT WITNESS'S ACCURACY QUESTIONED,

The Foise Judge (Mr. Justice J. R. Wood) has given judgment in the Supreme Court in the action brought by Mesars Wilkins Bros. Inc. and Chen

Van-chee, shipowners and merchants of Shanghai. against the Wah Ha 8.8. Com ply of Hongkong.

The defendants chartered the ..

Walleres for a quried of twelve months, asut the plaintiffs smight to show that

Mr. Li Hysan of Hongkong, was a part ner in the concern.

the case.

explanation of the fact that he cancelled two'cheques.on his account in the Banque [do l'Endo-Chine "only to draw similar cheques on his account in the Hongkong aud, Shanghai Bank after taking the cessary transfer of credit from the une bank to the other. For the most part his side on details has been frank and satisfactory.

THE ISSUE ONE OF FACT,

FORMIDABLE' HVIDENCE) These facts constitute formidable evi

Their

The

A SUNDAY BAMBLE.. CHINESE WHO SPOMED TUR

OUTING..

the back of Wanchai.

At 2.30 pm.

dence of partnership, while individually A they may be easily explainedk

An impudent theft of a sailor's coat and cumulative effect is to show a most inti mate connection with the concern of the his companion's fountain pen took place. on the hillside above Wanchai en Sunday charterers In my opinion they form a chain of proof sufficiently strong to truas afternon. A party of sailors, eight in fer the onus on this part of the issue from number, from the sector" ente; the plaintiffs to the defendant.

ushore for a fumble,. Providing them- defendant meets the situation in this way selves with half-don bottles of beer. fle denies partnership an oath. He pre- duces a personal acctant showing all his they set out to climb the hills at dealings with Wah Ha. Account "money" between himself and Mr. Tang King pe, halt was called and the men sat down an account the correctness and authentifer refreshment. Coats were discarded · city of which has been in so way ques-and placed on the grass. tioned. He produces also as a separate chatting and drinking a Chinesepa

of ed on the scene. He asked permission item his own independent necount money lent by himself to the owners on to inke away the empty beer bottles, but the nortgage of the ship, p which account Biso no doubt has been thrown when the time enne to don coats and to He has shown to my satisfaction by his resume the journey it was found that a evidence relating to the 15th October amb coat and fountain pen had bega taken as by the correspondence bearing that date well as the empty bottles. A continua- which is in evidence that the mortgage

All tion of the ramble was cancelled and tlas cheques drawn by him in connection with party made poste-haste for the nearest this ship (except the cheque of the 14th

Was

his individual investment.

While they were

October in respect of the mortgage) were police station where they reported the frawn in favour o of the owners' agents | loss. Whilst they were in the station a but of Mr. Tang King-po, and were thus Chinese detectivo brought in a man wh notice to the owners agents that th defendant dissociated himself from this partneeship. With reference to his use of the money entrusted to him he had st all material times eight times the amount to his own credit" elsewhere enil

Mr. Tang Ning po is also to my mind, credible witness on most points, The weak point this evidence has refer ence to the machination by which two partners is the first firm of charterers were jockeyed out of their share in the befits of the charter. On this subject Mr. Tang was far from open, hat in his graeral accomat of events I havs accepted The judgment, which occupied early his evidence without agy great hesitation. an hour and a half in delivery, consisteid. The defendant and Mr. Tang King-pe Tirst, of a mlation of the prized facts of have this advantage over Mr. Carroll, that they are in a position, by use of The Judge indicated that he had formed memory to give in evidence a,ufficiently the opinion that both Str. A. I. Carroll cornet history of the negotiations if they and Mr. W., J. Carroll were bad wit-wish to do so, whereas in my opinion berses in the sense in which doctors speak | this" is impossible for Mr. Carroll,” [of good and båd patients. The principal

witness in the plaintiff's case was Mr. The issue is one of fact, the Pujsne A. E. Carroll. It haul brew put to him Julge continued. Indeciding the (His Honour) that if he found against issue I put myself. sitting as a jury, the the plaintis upon that part of the issue following sequence of questions: the which related to "holding out he must 1. On what date was the contract for be satisfied that Mr. A. H. Carroll 'bad || chartering" the ship made?' } answer, been guilty of wilful perjury. It world whether the contract for the purpose of be evident," the Paisne Judge continued, this issue is to be regarded as complete

from the resurs of fact already given, by exchange of letters or only by signa that in my view, on the main issues of tury of the formal charter party, the date fact, the evidener given by Mr.. A. H. of the contract was Saturday, and Orto-commercial life he wished to Help Mr. Carroll is incorrect. I do not, therefore,

Tang King po to launch onkin this matter ber, 1920, in the afternoon.

independently. He remarks that he has wish to accuse him of concreting for this

never been nevused of partnership with trial a story which he recognises to

the first firun of charterera, though he was wholly false. I have observed him very

then also ready to assist Mr. Tong King po (apart front meeting the owners "dock carefully. He has told, the trath on one

bill) on the same lines. or two matters where it might have beep in his interest to conceal the facts. Never- theless. I do not accept his evidenter refuse to accept it principally on twe grou. I may say as once that it is not one of those grands that his firm has been shown to have a financial interest in the plaintiff's success on this issue That suggestion has been make heat definitely do not accept it.

ing.

reason

create for himself facts which

his mind. This tendency is in part un

dates

4

BETESHANT'S PARTNERSHE.

carried under his arm the missing cout. Later the man was searched and the pen" was also recovered.

It appears that the detective notield in round banks. He does not deny lend the man acting in a suspicious manner ing nssistance in the way stated to the outside a pawnshop. When accosted he adventure, but he stated that Mr. Targreppet the goat and attempted to run King-po had been his friend and con- identin employed for ten years and that away. He was arrested. now on the eve of his own retirement from

"FINDING FOR DEFENDANT,

At the Magistracy the two sailors sal they thought the man was the one who enie to collect the empty bottles, though they were not prepared to swear that he was..

The man's case was that he wast going to paw the cont for a sun anzeil Ho Sing.

The Magistrates Can Juti hind him? The defendant: No, I don't think s The Magistrate: Why should he ask you to pawn these thugs Why couldn't he pawn them himself?

The defendant: I don't know. The Magistrato: Then you are ete

"ASSAULTING AN INDIAN

CONSTABLE, AMERICAN SAILOR FINED.

American saiy John Gissler, an employer on the ss. Hudnor, was charged before Mr. E. W. Hamilton, at the Magistriley, yesterday morning, with assaulting an Ladian constable on Blaku Fier the previous night.

The defendant when asked to plead said: I don't know how it happened I am not sure what was the trouble.

Ariyway, when the two men brought mis to the station, each holding me by the arm, one of them hit me on the jaw, Are the police allowed to do that? You can see my cheek; it is still swollon.

5-・ Was that contract eûtend into” by the agents of the owner's on the faith of any representation made by the defendant or on his behalf and endorsed by him that was a partner with the persons accept-

To this answer He claims to be honest in this utter in the charter!"

In his evidence Jr. A. H. merely by his friendship for Mr. Tang definitely m

King-po but also by his interest in the. Carroll alleges a sethat representation, on affairs of his brother, Mr. Li Cheuk, who the 1st October is Mr. Tang King-to was to be concerned in the limited this effect; also a representation by Me.lability cumpary with the charterers and personal because he hid lent money to Tang Kingpe and by the defendant himail on the voyage. His interest was also [self in conversation, if Mr. Hale's" office the owners on security of the ship and on the gral October. Neither allegation is because the Lai Lung firm (which be controlled, though he was not a partner I do I find to be stablisher.

in it) received one per cent, commissionvicted: four weeks' "imprisonment. **AN INACUURIE TYPE OF HISS.

The aswer to these One of the renons that leads me to reject

two questions in its collections for the charterers (in the evidence is that he has an inaccurate finishes these two batters solar as it hurn for this agency work and its guar The presentantee to the public of the good faith of type of mind. No idea has a definite relates to holding out.".

the charterers) and finally because he outline for him Apart from his erat action is concern with credit given at evidence, which shows this clearly, his the line of waking the contract and nut himself was interested or hoped to be ietters also are a sufficient indication of with subsidiary andits give at later interested in Caban trade,

His denial of partnership was not On this section of the issue my mule for the first time in this court. It this fact. His memory is wink and histon is for the defendant. has very small power of analytical reas

as made first in the presence of Mr. He was easily led into self contradic

Blake and Mr. A. H. Carroll on the ad tion by the cross-examining engel. and

The third question then arise : itas October, After consideration I bave was so mainly because he did not quickly defendant on any other date prior to the decided to accept his denial of partner understand plain speech. "The second ancilation of the charter party (1sth ship. My judgment in this issue is there reason is that I have found in him a January, 1921) is fact been a partner in fore for the defendant. Costs to follow tendency

the With S.S.-Company i "

This the event. have no objective existener in order to question has to investigated with cai Messrs. Deacon, Looker, leacon & Hars Mr. Eldan Potter (instructed by support a proposition once adopted by tion. It is for the purpose of dealington) was for the plaintiffs, Mr. F. C. with thir enquiry by itself that in dis conscious and involuntary; in part, also, cassung the credibility of the defendant as Jenkin (instructed by Mesars Wilkinson it is a result of a willingness to create awitiess I have reserved all comment on Crist) for Li Hysan, and Mr. C. 0: such facts. Hic is wanting in certain his general denial of partnership. 31 Alabaster watched the case on behalf of scruples, in something akin to intellectual has been strongly urged to me for the the Wah a S.S. Company. honesty. To cite one instance which i plaintiffs that any jury with the admis pressed me. He was

was agent for the Wah sions in the defendant's ense kifore them la S.S. Company and therefore saw would be driver irresistibly to the con- nothing irregular in producing for useclusion that the defendant was a partner

Evidence was given by the compluia. in evidence

"letter Of appointment of in the chartering firm. The plaintifi Messrs. Carroll Bros. na agents of the counsel has acepted the banks of prot

ant, the constable, to the effect that on Wah Ha S.S. Company, dated 21th and has appealed for a verdict in his

the previous night at 11.30 o'clock whilst September, 1990, which letter was in fact favour on the wvidence as a whole. The the Japanese. Consular Service in the the defendant came up and shid Come The conference of representatives of he was selling sent tickets on the pier to his knowledge written six months facts on which the plaintiffs are entitled principal cities of the East, which was here you - Indian dog." Defendan later. One who, in his legal proceedings, to rely are the following: The defendant convened at Singapore on the instructions then tuld him to get off the pier. The com is able with a clear conscivace to make was the confidential adviser of Mr. Tang of the Japanese Foreign Office, lasted plainant tried to explain that he was on Buch a misrepresentation of net caonot Kinz-po both in his original contract nearly a fortnight. It is not possible to duty there. Without any further ado, expect to find his credit us a witness an

with the first fire of charterers (the Wub notify the decisions which were arrived the sailor struck hiri a blow on the head. affected. In this case: I think that Mr. Ho AH. Carroll has retained the very dim to Company) and in his endeavour to at in the coarse of the Conference

dust two partners from that firm' and

knocking off his turban. In stooping west recollection of what happened. As take over the charter.

these consisted of recommendations to down to retrieve the tarbar the defend- to the date of his first interview with the In support of Mr. Taug King po's pro the Japanese Foreign Office. Consider ant caught him by the neck and pressed defendant and as to the denial of the fees on the 26th September, 1920, he pro-able time was occupied by the discussion him down on to the pier. The complain defendant's presence in Mr. Blake's office miss to advance up to 800,000 on the on Japanese trade affairs, but it was ant tries to blow his whistle, but de- on the 2nd October, I believe him to becurity of the ship, the engagement of agreed that the prices of many Japanese Jendant caught it and threw it into the honestly mistaken. He has convinced which he would not have entered except those of other producers, and that until brought to the station. He was slightly commodities comparo unfavourably with harbour. With dificulty the man wasn bimself that the defendant was

for his desire to assist Mr. Tang's material times a partner in the Vah Ha taking by placing the owners in tanda these Japanese goods become cheaper it drunk when arrested. S.S. Company and around this conviction to meet their dock bills. He placed the practically impossible to take any Corroborative evidence was given by he has built the assurances of partnership credit of the Lai Cheung Lung piece action

another Indian constable who assisted the goods

firm- firm under

Reference has previously been made to complainant to bring the man to thi fied were not in fact given. I regret very the

anch that be committed himself in his for them the ccnfidence of pässige brokers of consulates and the introduction of When asked if he had any questions to evidence to following the stotement innde He attended at Mt. Blake's othes on the better emoluments for the personnel, the put the defendant said: To tell the in his counsel's

four

letters and

charter to Mr. Tang Kingpo and Mr. essential, in view of the fact that con it. I can remember being hit on the the charter

were given for the formation of the pro This fatter, with the question of the The Magistrate ordered the defendant be spoke he was merely the mouthpiece je to limited company designed to take establishment of new consulates, and the toping a fine of 330 and in addition to

This statement. Dover cross-examination, was found to be un creusion he incutioned the likelihood of pied the agenda during the opening days. police whistle and damage to the com- the charter. In conversation on this appointment of trade commissioners ceru pay compensation for the loss of the tenable. Even more do 1 reg

regret that he bis brother should

Mr. Li Chenk. aking shares The question of the education of Japanese bave adopted for

use in this car in the limited company and participating children in other countries was also dis

plainant's watch. a memorandum by zon) found in his deak auker, which was her su compradore to

Pid-in

in its directorate. He assigned his bro-cussed, and it was decided to recommend

ship. He evidently not what Mr. Pidgeon declared

Accepted from Mr. Tang Kingpo custody that in British Colonies the English lang conflicted in any way with his (the hy him on the Wah Ha S., Company learn the language of the country in ron, and that in all cases they should Judge's) statement of fact, it must be account for $120,000. Ele minde use of the which they are living. Recommendations understood that he had rejected it.

under.

his control-at

JAPANESE "QUESTIONS.

CONSUL'S MEETING IN SINGAPORE.

to which be deposed, but which I am sati dixnual of the new charterers to win the discussions as to the inereuse of staff Police Station.

that except at this case: end ctober when the contract to grant opinion being general that this stop 18truth: I don't recollect anything about | nothing of Tange" knew practically Ham, was recorded and instructions sular staffs at present are overburdened. I jaw."

he

in this business. When

it to be." Whenever Mr. Carroll's evidebeel of the major part of the monies receuage should be taught to Japanese child- THE KOWLOON BURGLARY.

THE OTHER WITNESSES."

money so entrusted to him as hi money, paying no interest for this accom-

COOLIE SENT TO PRISON.

*** are also to go to the Foreign Office in In connection with the early Sunday. The Judge regarded Mr. W. J. Carroll madition to Mr. Tang King po. He regard to the elimination of undesirable morning burglary at Mr. Tarrant's houseo an an honest witness, but did not accept the adventure before the ship aniled that some means may be evolved of reported in yesterday's issue of the "

a dinner party to persons concerned in Japanese men and women, and it is hoped at No. 8, Amsi Villas, Austin Avenue. bis evidence as a correct description of when on the 13th October the Hongkong effectively dealing with this question. Daily Press, a house coolie. formerly events. He accepted the evidence of Mr. Government prohibited the fulfilment meeting wore the dual nationality ques before Mr. Lindsell at the Magistracy,- Smith, but distrusted Pidgeon's evilence the passage contract in respect of the on; Japanese unemployed seamen; the yesterday morning, with burglary. entirely. Pidgeon's demeanour in the shin be facilitated the transfer of the withcan box was that of an untruthful witness.

Other matters dealt with during the employed by Mrs. Tarrant was charged

Passengers to Mucno On the arrest of promotion of Japanese social welfare; The man" admitted his guilt. Sub Among the opposing witherees the ship he assisted financially to obtain the method of disposal of the estates of Inspector Grant pointed out that while Puinne Judge mid Mr. Blake gave an her release. Before the ship sailed he deceased Japanese; the certificate of there was no direct evidence that the honest and competent recollection of the smithithe purser, about the voyage. Helcollecting, coagular focs by means of conclusive proof that he broke out by “

had a confuential interview with Mr. nationality; and also the advisability o man broke into the house, there was events within his knowledge occurring onde faancial arrangements for the ship stamps, as is done in the British Conforcing open one of the verandah win-

dowa

the 2nd October, 1020. The defendant himself was endowed with an accurate both at Nagasaki and Honolulu. Hosulates. memory and a fine appreciation of ideas. et ellerine has also been

by cable of the Various social functions were arranged Questioned by the Magistrate, the de "I find no reason to disbelieve his progress of the ship. account of the major part of the facts to shown that on the dates when the defen during the fortnight that the Conference fendant said he gained recess into the which he has deposed. I think he came dant made payment assigned to his was being held. These included dinners house by means of the kitchen window

at the residenco of the Consul General which he found open. into the box with something-perhap# $0.000 ba" 25th October) his credit on a visit to a Japanese rubber estate in no evidence was called and he was sent mortgage (840.000 on 14th October and and prominent Japanese residents, and more than one thing to conceal. For this reason he seems to me falsely to have done, in which account he had

current account with the Banque, denied the confidential' interview between himself and Mr. Smith in order to escape King-på stood very little higher than the on June. J6th for their Coasalates. fendant was A'quanity of bed linen valued, placed monies received from Mr. Tang The last of the visiting consuls left catechization as to the details. During his cross-examination ho did not give any amount in fact drawn upon it.

Singapore Frtė Press,

As the defendant admitted the burglary to prison for six months.

Among the articles stolen by the de

at $100.