1924-01-31 — Page 5

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CLAIM AGAINST A BANK. JUDGMENT FOR CHINESE FIRM. DEFENDANTS' ALTERNATIVE

PLEADING.

The Special Jury sitting with the Chief Justice in the case of the Tai Wo Company versus the Bank of East Asia yesterday, without leaving the box, re- turned a verdict in favour of plaintiffs. Judgment was hccordingly entered for the sain of $7,605, and stay of exceu tion for 14 days was granted.

Plaintiff's "claim was based upon the alleged wrongful payment of two cheques totalling $72.000. They maintained that the signature "Lau So Yuen" (partner in the plaintiff firm), which was on both cheques, had been forged.

Defendants alleged fraudulent intent on the part of the Arm in attempting to obtain the sum of 872,000, the sume having already been paid out by the

Brok.

Mr. F. C. Johkin appeared for plain- tiffs, whilst Mr. Eldon Potter, K. C., and Mr. Campbell-Prosser represented defco-

dauts,

SCDSA-

On Tuesday the case took tional turn, the main evidence of the defence's chief witness, Mr. Dorey (Government Analyst and handwriting expert) having to he withdrawa,, upon Counsel for the plaintiff proving that there had been forgery committed in respect plan application form for

hook. cheque

Mr. Dovey was re-examined by Mr. Potter when the case re-opened yester- day morning. He stated that since Tues- day he had examined other cheques, genuine.ones, but could not discover nny signs of tracing. He admitted that the signature en the application form was a tracing of the cheque which had been shown to possess grooves as if traced over with a pointed instrument. None of the suspected cheques, however, so far as he could ascertain, were tracings off that cheque,

Mr. Putter then proceeded to call another witness, a Bank oficial.

CRIMINAL SESSIONS.

THE HONGKONG DAILY PRESS, THURSDAY, JANUARY" SIST, 1923

(KKFONG HIS HONOUR TER PUIŠNE JUDGE (MR. JUSTICE COMPERT2)}.

ALLEGED DANGEROUS

CHARACTER.

Mak Tim was arraigned, yesterday counts of robbery. afternoon, on two The first was that of robbing a com patriot, named Li Yang, of a suit of clothes and the accond count was that of robbing Cheung Tim of 86.

Mr. H. K. Holmes (Crown Solicitor) appeared for the Crown, and Mr. Cunp. bell Prosser for the defence.

SPORT.

POOTBALL.

FINAL MATCH,FOR THE UNITED SERVICES SHIELD.

H.M.S. Durban 2

DIVIDEND ANNOUNCEMENTS.

HONGKONG TRAMWAYS, LTD. · The Directors recommend a Final Dividend for 1923 of $1.75 per share. THE HONGKONG AND SHANGHAI

HOTELS, LTD.

East Surrey Rego..

A large number turned out to see the final game of the United Service Shield Subject to audit, the profit for the rear competition which was played on the ended on the 31st December, 1993, after Garrison ground at Sookunpoo yester- allowing for Directors' fees, bad and day. The ground was very wet and the doubtful debts and contingencies (which was fast latter cover the Anal liquidation of the going heavy yet the pace throughout. The G.Q:C., General Sir doubtful assets with which The Shanghai John Fowler accompanied by his A.D.C. Hotels, Ltd., was encumbered), providing The evidence of the victim of the first Lieut. Hall, R.G.A., arrived during the $300,000-in respect of interest and robbery was to the effcet that on Novem-first half of the game. Others Officers setting aside $200.000--for depreciation, ber 30th he was stopped at Ma Tau Wai present included Commodore Grace, R.Namounted to $1,090,000...

After paying the interim dividend for by three men, one of whom searched him Col. Davy and Major Paton. The gaine but found nothing. A parcel was taken was evenly contested but the sailors show- 1992, amounting to 8861,802.50 the balance ed the better combination forward. of 8815,197.50 remains, which at the forth- 10. this con from under the victim's

One of the while their backs were steadier. The coming yearly general meeting the Board tained a suit of clothes. thres robbers struck a match, and after tailors took up the attack from the start propose to roommend be apportioned na examining the clothes produced a re- but their shooting ways wild. The soldiers follows: volver and pointed it at the victim. had their share in the attack and early Later on, at an identification parade, he in the game Phillips missed an "easy

kicking by

ball

#991,200 recognised the prisoner as the man who chance

The Durban forced To pay a bonus on took his clothes and pointed the revolver from close range.

and before the Surrey's 375,000 shares at 50 21 cornor at hial

coats per share......... 187,500 could clear, Darlison put the ball

-8488,750.00. To transfer to reserves ......... 300,000.00 into the net well out of the reach of Douglas This success led the sailors to and to carry forward to next

46,447.50 further offorts. Darlison whe presented

8313,197.50 with an open goal soon after the center kick but failed. The sailors for a time pressed and Millor taking the ball from

Cross-examined by Mr. Frosser, the witness said the prisoner was the only man who had anything to do with him. It was dark when he wasped, but he recognised hit when he struck the match.

11

The other victim said ho was stopped at the No. 3 Railway, Bridge. The ac- cused was the one who pointed a short firearm at him. As he did so the ri- soner said: "You are smuggling some thing." Witness denied it.

After further evidenco was taken as to identification, the ease, was remanded till this afternoon,

ALLEGED ARMED ROBBER ARRESTED.

THREE REVOLVERS IN HIS POSSESSION.

A man who is said to have been asso- The Chief Justice ruled this procedure ciated with a much wanted gang of out of order. The defence, said his Lord-armed robbers, has been arrested. Yes brought before the ship, had intimated they had closed their terday, he was

Magistrate on a charge of having taken part in an armed robbery in a house at

CUSC.

Mfr. Potter submitted that he was en-

titled to call further evidence in order to give the Bank an opportunity of com batting the suggestion that someone inside the Bank had committed the for- gers.

The Chief Justice insisted that Mr. Potter had closed his case. "He had tried

to prove that the signatures were genuine

|

No. 40, Shauki wao Road, last week, when an Indian woman was robbed. -

He was arrested on Tuesday afternoon in the Ming Yuca Gardens with three revolvers in his possession. Yesterday morning evidence of identification was taken and the defendant was remanded.

yet his expert witness bad admitted that THE RICE WORKERS' STRIKE one of the signatures was a forgery.

"But, your Lordship," said Mr. Potter, pleading is that the cheques are the cheques of, the firm, and the law is quite clear that if Lau So Yuen knew these cheques had boon issued, they are

morning.

AT CANTON. ASSASSINATION OF THE LEADER The leader of the Guild of Workers in the Rive Wholesale Houses in Chaton (Yu Yuet Shang by nalce), who is said binding on him. It is not necessary that to be largely responsible for the deplor- the drawer of a cheque should siga itable rice strike situation in Canton, was it can be signed by any hand so long as killed by unknown assassins on Tuesday ho knew that his signature had been, writ- ten on it and that the cheque had been issued with his knowledge and by his authority. In this case, I shall argue that Laa Se Yuen knew these cheques were issued and kaew that they wore drawn in favour of the Yaggteze Trading Company. It is a matter of indifference who actually signed them if he knew they wore signed and issued

His Lordship pointed out that Mr. Potter had not pleaded this alternative case and questioned whether it could be raised at this stage of the proceedings.

Mr. Potter then submitted at length that he was entitled to picad. He con- ceived it his duty to argue that the cheques had been drawn on authority from the plaintiffs.

over

the

for 1923 on 375,000 To pay a final dividend

shares at 73 cents per share

account

The Company does not intend to pro- ooed with the proposal to issue debentures for public subscription.

The Directors are taking preliminary a forward pan by Catin went in and steps with a view to obtaining the share- folders' sanction to increasing the autho beat Douglas. With a lead of two goalarized Capital of the Company (which at it looked a walk over for the sailors but present is 83.000.000, consisting of 500,000 within two minutes the Surreys had reshares of the nominal value of 810 each, duced their opponents' lead, Phillips tak- of which 375,000 shares have been issued) to $10,000,000. Should this proposal be ing the ball from a pass by Eaton and approved, the Board will further pro- giving the Durban's goalie no chance. pose that 375,000 shares be issued at the In the next mianto it seemed that the ratio of share for share, bringing the issued Capital up to $7,500,000, consisting Surreys would level up but Eaton lifted of 750,000 shares of the nominal value of the ball over the bar from close range. 810 each, and leaving a balance of 250,000 There was no further scoring before the shares unissued, ictorval which arrived, with the score two to one in favour of the Durban, From the restart Eaton handled and Darlison was given another chance but missed close in. Each goal was visited but the Surreys forwards were shooting wild from long range. The Durban backs were playing a sound game while the In Surreys defence was very shaky. dividual play by the sailors forwards spoilt many chances. The game continued in a ding dong fashion and the final whistle sounded with the half-time score unaltered, the Durban winning the Shield by two goals to one.

On the general run of the play the sailors deserve thoir win. Their forwards showed the better combination.

ཐཱ་ ྟ

་

SONGS OF A FLAT.

IIL-MY ALPHABET.

A is my Architect-never mind whol B is my Buliding that looks very now. C's the Contractor; how wondrous bis. D's the Damnation I hope he won't shirk F's the Extent of the View that's before

work!

me,

When F-that is, Fog-don't obscure it

and bore me.

G is the Geyser, so dear to my heart; the Hot-water it does not impart.

I is the Ice-chest, which smells rather

Tum:

J is the Janitor-IFhes will he come!

K stands for Kitchen, as clean as fresh

snow;

At the close of the game the teams lined up in front of the stand where General L is the place where the cook ought to

Ro. M stands for Money on furniture spent;" medals. In making the presentation the N for the Neighbours whe envy my rent. Sir John Fowler presented the shield and General said that they had witnessed aO is the Oven: it's other name's "mud." good clean game of football and he is the Paintwork-uncommonly dud. thought that the better team had won.Q's for the Quarrels my staff have each Ho complimented the Durban on wisning for the Rates, which I don't have to the shield at the close of their commis- ior, and also complimented the referee on the way he had conducted the game. He then presented the Shield to Stoker Cann, the Durban's captain, and medals

day:

pay. 51 Slamming Shutters, that drivë me dis-

traught: T is the Table with one leg too short. U stands for Units of light. What a lot! V for that Vacuum Cleaner I've got. W-Water. Be sure I don't drink it.

blink it!

The report states that six strangers. all dressed in overcoats, went to Yim's residence, overawed the servants with to the players of both teams. Three X quite defeats me:-I'm not going to cheers were given for Sir John Fowler on Y Yellow wash upon walls that are the call of Commodore Grace, B.N. Stoker Cana called for three cheers for the Z stands for Zero-zy cash at the bank ! Surreys and Q.M.S. Charlesworth the After the assassins had gone, the serume for the Navy, vants gave the alarm and policemen arrived on the scene,

revolvers and went straight into Yim's room. Yita and his wife were in bed. Four bullets were fired at Yim and two at his wife by the assassins who then quickly escaped.

Turning to the Jury, his Lordship con tinued: The whole object of a plea is to give both sides an opportunity before coming into Court of knowing what case they have to meet. The parties are not called upon to plead faw, but they have to set out the material facts on which

лге

The teams:

Durban--Davies; Baker and King; Thomas, Holten, and Leggo; Millar, Durlison, Cann, Watkins and Weymes.

Surreys-Douglas; Humerstone and Williams; Petter, Boniface and Bristowe Charlesworth, Eaton, Wooldridge, Phillips and Mackleworth.

... Referce-Mr. Wakeham

RUGBY FOOTBALL NAVY RETAIN ER.F.A. CÚP.

By defeating the Hongkong Club by

i

dank...

ORIOKET."

E.V.H.

C.S.Cq, 1st XI, v. R.G.A.

The following will represent the Civil Servico Cricket Club on their own ground at 2.16 p.m., on Saturday, February 2nd,

in a friendly match: A. E. Wood (capt.), G. R. Sayer, B. E. O. Bird, E. B. Reed. A. B. Sutherland. F. J. Ling, F. H. Holdman. J. H. B. Nihill, R. C "Witchell, F. Baker and W. H. Edmonds.

UNIVERSITY PAST ». PRESENT.

The annual whole-day match between the above teams will take place on the University ground on Wednesday, Feb. 6th, at 10.30 am. The following will re- present, the Past team:Hon, Sir Claud Severn (captain), Ng Sio Kwong, A. H

Jis Lordship: And I have a duty as they rely. The allegations of the Bank jules. My duty is to see that what is are that Lau Se. Yuen did himself affix left to the jury for their consideration the chops and put his signatures to the is what was pleaded by you, namely, that cheques aud an expert was called to the cheques were genuine. Your case all prove that. Then that expert frankly through has been to answer the allege admitted that the signatures were for- tion of forgery, bus your evidence on that point bas failed. I hold it in law, that geries. Now Counsel says that they were eight points to nil on Tursday the Navy forgeries but has taken up the alterna- retain possession of the Hongkong Rugby you should have pleaded this alternative tive position that they were done by the Football Association's Cup. The winners position.

His Lordship pointed out to the Jury So Yuen. That has never been suggested

authority and with the knowledge of Lau were stronger in every department; that it would be impossible for the other before until the present moment. Under though it was not until well in the second Rumjahn W. M. Gitties, Rev. E K side to know their position if such allega- these circumstances I certainly held that half that they managed to score, Caon Quick, C. Choa, Tow Man Trup, H. C tious as Mr. Potter now wanted to bring he cannot raise at this stage an entirely obtaining a splendid try, which was not Hunt, J. M. Jack, Wm. Hall and A. J. forward were not put on the pleadings.

oouverted. Almost directly afterwards Kew. To Mr. Potter, his Lordship said - You La suoming up bis Lordship said that

the expert evidence called: for the de Nicholson got through, and this time full I might be quite frank, Mr. Potter, the fence had failed to prove that the signa-points were secured. There was no fur.

now ad-ther scoring. only reason you did not put in an alteruatures were genuine. It was tive plea was because you relied on your mitted they were forged. Referring to. export evidence to prove that these Mr. Potter's attempt to put an alterna- cheques were genuine.

tive case his Lordship said that such a

are setting up an entirely new case.

new point.

If

TENNIS.

THE ANNUAL TOURNAMENT.

The annual Tennis Tournament starts on Monday, March 3rd. It is announced that entries may now be made for the The entries close on various ovents. February 15th. The men's championship singles and doubles are open to any

·H,K,C.C. q`LR.C.

(F.).

The following will

represent the H.K.C.C. in this match at Sookunpoo on Saturday, at 9.15 p.m.-T. E Pearce (capt.), A. L. Gace, E. J. B. Mitchell, H. Owen Hughes, RE A. Webster, E. G. Lammort, C. B. Moro, A. V. T. Dean, Bov. TB. Powell, B. E. Hollands and

D McNicoll.

Mr. Potter: With great deference, no. procedure "would have been almost with- The reason why I did not file a rejointler out precedent. So far as he could see, was because I thought the pleadings were there was little, if anything, left for the entirely anfficient. We did at first think

Jury to decide. that we were going to establish that the Upon entering judgment for $72,066,

H.K.C.C. 2 XI. NAVY 2ND XI, signatures were these of Lau Se Yuen, his Lordship ruled that the question of When I first came into the case I thought interest would be teferred to Chambers

In this match on the Club 'ground on the chop was a genuino ono. It was for settlement. only the other day that we first knew the The Special Jury (Messra. T. E. Pearce players resident in the Colony. Eventa Saturday at 2.15 p.m. the home team will chop to be a forged one.

(foreman), P. Tester, J. H. Seth, W. open only to members and subscribots of be composed of E. G. Hagon (cap.), C. His Lordship: I certainly shall not Nicholson, H. E. Parkinson, T. Arthur the Club are the Club Championship, Baler, G. H. Piercy, H H. Day, C. B allow you to go to the Jury with this and J. McArthur were then discharged handicap singles "A" handicap eagles Baron, C. V. Mark, H. Griffin, D. E. G catirely new case.

with (said his Lordship) the best thanks "B," handicap doubles and mixed hindi-Nicholson, P. Jacka, R. M.Macalpine and

J. A. H. Plummer. op doubles. (Continued at foot of next column.y of the Colony.

"

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