1924-11-07 — Page 5

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SUMMARY COURT.

(BEFORE HIS LORDAHIN THE CHIEF JUSTICE (SIR. HENRY GOLLAN).]

THE HONGKONG DAILY PRESS. FRIDAY, NOVEMBER

CONSPIRACY CHARGE.

· SOLICITORS' CLERKS. GASE"" RESUMED. :

DON'S ACTION AGAINST MOTHER. Yesterday afternoon, before Mr. R. E

Lindsell at the Central Magistracy, the UNFORTUNATE KAMPLY DISPUTE.

case in which Lo Shu Fan and Cheung What the Chief Justice described as Pui Chuen, alias Charica Kent, two an unfortunate family differcnec," reclerks in the employ of Messrs. Hastings sulted in an action by a son' against his & Hastings and Deanys & Bowley, aro mother, the claim being for #127.30, rent in respect of a Bat on; the first floor of No. 1, Castle Road.

H

CRICKET NOTES.

7TH, 1924

THIEVING RICKSHA COOLIE,

STEALS EUROPEAN LADY'S PARCELS.

The thirteen dames, from which our Arst Enterport eleven will be selected and which were published in yesterday's laily Press, will not cause very much

Mr. Staple Smith, of 438, The Peak, surprise among the engnoscenti 1 will has reported to the police an impudent W the victim deal first with those "also-rans who robbery of which sho

yesterday at the hands of a ricksha probably came nearest to inclusion.

voolie.

B D. Evans (here in 1999) and V.

charged on three counts, was resumed. Omar (at Shanghai 1923) have both play

It is alleged that they conspired|ed for Hongkong. The former, on his together to defraud Wong. Tak Yin of day, is a very dangerous bowler and a Mr. Armstrong, appeared for the plain her property by false representations useful bat. Unfortunately however, tiff, defendant being represented by Mr. that Lo Shu Fan was owner of certain CAS Bass. The plaintiff, Cheng Yun-lands in the New Territories and had tia, being away in Singapore, his wife transferred the same into the name of appeared as his attorney.

the said Wong Tak Yin and desired to mortgage the same. The other two counts alleged that the defendants conspired together to induce the complainant by false representations to sign two deeds of sale.

An

The dispute, said Mr. Armstrong, coa cerned a flat in which the mother was living. Some time after the death of the father, who was tenant, the "son was ap pointed tenant hy the landlord, and he and his wife went to live there. arrangement as to rooms was come to between him and his mother. Until the estate of the father was divided, the rent was paid out of that, hat afterwards it was obvious that each party should pay his or her own rent. Defendant, Cheng Ho-shi, had not contributed anything, and the action was for the recovery of rent.

Mrs. Daisy Cheng, plaintiff's wife, pro- dueril probate of the will of her deceased † father in law, Her husband

was, the executor and her mother-in-law executrix On being cross-examined by Mr. Russ, witness denied that her husband wanted to obtain the flat so that he could let it and anke a profit out of it.

In reply to his Lordship, Mr. Ruse said his client did not object to paying the rent, hus she had an objection to paying ..it to someone who' was trying to oust her

from the premises.

1-

¦

In the last two counts, the defendants are alleged to have acted in conjunction with Au Hon Fu and Hu Sai Lok, saa of the complainant

Mr. M. R. Lo prosecuted and Mr. E Davidson appeared on behalf of the de- fendants. Mr. H. S. Fitzroy, instructed by Messrs. Lee & Russ, watched the pro- ceedings ou-behalf of Lau Shun Che, the purchaser of certain property involved in the case.

Ho Sai Lok was still under cross- examination by Mr. Davidson when the hearing began yesterday, and was further questioned about an interview, at which witness was present, in Mr: Davidson's room at Mesers. Hastings' ofier. “

Mr. Davidson: I put it to you that I said to Mr. Lau Shun Cho, the purchnaez, fat, the end of the interview that he gave you a week, it would afford your mother time to get out of the Colony. Do you deny that I cannot remember.

though not in any way nervous (or so it appears), he depends very largely on the inspiration of the moment. And he has been having far too many off days this season. Omar played an excellent inn- ings last Saturday, but no one, I think. would advocate playing bisa as a bat; while he has not come off at all as, a bowler this season. Both field well but I think that in this department we are better off than any other.

5.

י

sha early in the afternoon close to the. It appears that she engaged the rick

Queen's Road entrance of the Hongkong and Shanghai Bank, and deposited two

parcels in the vehicle. She then walked ing. and went into the shop, telling the to the French Store," the ricksha follow-

coolie to wait.

over

Mrs. Staple Smith was some little time her purchases, and when she emerged from the French Store, the rick- sha and her parcels had vanished. Sho did not notice the ricksha's number.

The parcels contained two flags which Mrs. Smith proposed to present to the commander of the Diomede, a pair of tennis shoes, and a sports coat.

LOCAL SPORT.

INTERPORT CRICKET.

Stewart bas neither the experience of Far East light and wiekete nor the strokes

however, that it will be long before he to be eligible at presect I do not think,

makes his way into an Interport side. I have before stated my views on Balhat- chet.. Wednesday's play. I think, bore them out in every way. Holdman is, I

A further Interport trial game will be beld the Hongkong Cricket Club think, unlucky. I am by no means con- vinced that Stripp is a better bat I did ground to-morrow, November 8th, com- think so, but he is worse and Holdman cacing at 1.30 p.m.

The teams are na better than I had thought, if the two be follows judged on recent innings. Heldman stops Hancock (Capt.), T. E. Pearce, A them as well as Stripp. Better, if records K. Quick, Pay.-Lt-Comdr. Hargreaves, G. W. Ramsay, H. Owen Hughes, Rev. E. go for anything. At catching, Holdman More, R. E. A. Webster, F. N. Young, is hardly as good as his rival at a catch F. H. Holdman, E. W. Hamilton. above the pad level Bat Stripp does not get down to the low ones with his hands, It is his greatest fault that he relies on his pada for anything under three-quarter stump high. On the question of stump-

In answer to his Worship, witness ad-ing. however, Stripp is clearly superior, mutted that the remark might have been as Holdman is very apt to take a step made.

back when taking the ball, and this is fatal.

Continuing, Mr. Buss said that accord ing to Chinese las, defendant was en1 am not quite sure. titled to possession of the whole Bat, for witnesses could be produced who would say that the deceased, before his death, expressly stated that he wished his wife to have the tenancy of the flat. In Chi- nese law if such a statement was made before witnesses it could be upheld. In his opinion the agreement between the landlord of the premises and the son was illegal.

His Lordship pointed out that the whole thing was an unfortunate, family difference, and asked if there was no prospect of a settlement.

The case was adjourned sine dir.

[BEFORE HIS DONGUE THE PUISNE. JUDOS

"ME. . . COMPERTZ)]

LANDLORD WINS POSSESSION CASE.

An action was brought against-Ng Tsun Wai by the Mei Yuen ku firm, eating house proprietors, claiming damages for alleged wrongful ejectment from the premises No. 69, Stualey Street.

The claim was for (1) an injunction to restrain defendant, his servants or agents, from interfering with plaintiffs in their quiet enjoyment of the premises and from refusing or obstructing their free use of and access to the same; (2) an order that defendant should restore the premises to a. tegantable condition, and (3) $1,000 damages.

Mr. Watson claimed that his clients were entitled to have possession of the house as rebuilt. Mr. E. Davidson op- peared for the landlord, Ng Tsun Wai

19

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Witness said he was certain that he did not go to Alessrs. Hastings' office on any date in November, 1992, to pay money on account of the nimount due on the mortgage, nor did he go on u certain specified date to draw money. He said that one afternoon in November, the second defendant, Kent, tame to his. schoul and made him sign a form of receipt for money,

Witness stated that on another occa- sion, the date of which he could not re- member, he went with the first defen dant to the longkong and Shanghai Bank. First defendant made him endorse 'cheque on behalf of his mother, but gave him no money in respect of this. Shown a cheque,, witness at first said that he could not swear whether it was the cheque in question," but eventually ad mitted that it was. The defending soli eitor here remarked that it was bis own firm's cheque for $7,500 in favour of Wong Tak Yin.

A. E. Wood (Capt.), Rev. T. B. Powell, E. B.. Reed, A. C. I. Bowker, C.Q.M.S. Stripp. H. Balbatchet, E. J. R. Mit- chell, T. D. E. Pendered, E. F. Stewart, U. Omar, Q.M.S. Jacob.

Tiffin will be served in the Pavilion at 1245 p.m. sharp. --

LAWN TENNIS.

ST. STEPHEN'S COLLEGE v. ST. JOSEPH'S COLLEGE.

With regard to the six playera definitely selected, I have only heard surprise ex- pressed at the inclusion of Hargreaves. So far as my judgment goes entirely

In a friendly match between the above concur. We must have a left-hand teams. on Wednesday, the latter just bowler, and Owen Hughes has been 10 maanged to win by the narrow margin use in this department of the game this of eleven games, on the former's ground. year: As Interports go, Hargreaves is a mediocre bowler, but we have a media ere side, and that's that. He can bat tou,

Scores:

H. D... Rumjahr and S. Cassumbday he avoids that leg trap which certain beat Ya and Ler, 3; beat Lim and law fellows of the baser sort arranged Hab-ech, 6-5 lost to Lim and Lee. 36. for him on Wednesday, after they had. A. Razack and A. Bink beat Yo and failed to get him out of the previous Saturday.

J

Lées 8-3, beata Lin and Lee, 334-lose-to Lim and Hab-ceb, 5-6,

A. Kitchell and J. Casaumbboy beat Yo and Leg, 74 beat Lim and Lee, 8-3: lost to Lin and Hah-eah, Z-8.

FOOTBALL.

KOWLOON FC. 1st XI. v. POLICE,

Five places remain then for seven play ers, assuming that Hancock can play. hear that Owen Hughes will be fit to turn out on Saturday, and unless bis injury handicaps him a lot, I think he is pretty sure of a place. I regret that the dog Mr. Davidson: Can you tell me why which bit him has, I am told, not even my firm should have been paying out suffered from an indigestion. I do think 87,000 to your mother on that date 1-1t the Wonk, whose previous master, was was Au's idea that as Lau might not wish an Interport cricketer, might have done to pay direct, he should give his cheque

Webster also is The following team has been selected. on the Chinese Merchants Bank for the something about it.

generally considered Ft certainty. He to represent the Kowloon F.C. in their amount named to Messrs. Hastings, and played a very pretty knock on Wednes: League engagement to-morrow, at Row- that they in their turn should pay their day, though the bat should seldom, if loon, at 4.15 p.m.-C. Stewart; F. own_cheque for the same sum to my ever, be laid on to the bowler instead of Wheeler and T. L. Knight; A. Duncan, inother.

the ball. Nor do I see how Powell can T. Turner, and B. Pasco; C. Clemo, J. His Worship: I do not follow. Mr. Davidson: Neither do I, your Wor- be left out. He has bowled better and McBride, J. McKelvie (capt.), A. Fitz more consistently than anyone this sea Geraid. and S. Hayes Reserve: B. ship..

Mr. Lo explained that it might have son, and if he is slow in the field, he is Vickers. heen to prevent any possibility of Lau catching them. Nor do I know anyone stopping a cheque drawn by him in favour more proficient at the art of placing the ball somewhere (or somewhere else) be. of Wong Tak Yin direct, which he might bind the wicket for four. have been disposed to do in the absence of title deeds.

I can't help thinking that it will boll

KOWLOON F.C. 2ND XI. 4. ST. JOSEPH'S

"B.” 6.

Mr. Watson stated that notice to quit was given to his clients, and expired early in June. Knowing that an order of the Court would have to be obtained, the head of the firm stayed on until on June 12th, when he received a solicitor's letter

In this League match on Navy "A" informing him that proceedings would

A little later, the witness replied to down to the choice of two men out of groad, to-morrow at 2.45 p.m., Kowloon be taken against the firm if they did not each of a series of Mr. Davidson's, ques Ramsay, Reed, More and Young. And it .C. will be composed of:-J. Bengh; W.

tions with the answer "I do not remem- quit in 48 hours.

Plaintiff still remained in possession, ber," and at last his Worship interposed is not easy. Ramsay does not bowl He H. Parratt and H. Prowee; G. White, and between June 15th and 21st workmen the sharp remark: "You can remembers a fine catch in the deep. And he made A. W. Brown (capt.), and S. Randle; A. a very nice 88 on Wednesday. On the Latham, W. H. Brown, W. Taylor, A. commenced the demolition of the pre some things quite well, but when it is at other band, his score was made against Kirby, and B. Rasmussen. Reserves: W. mises, und plaintiff was forced to leave all inconvenient, it seems that you can very poor bowling, and consisted almost Hillyer and V. Hast. hurriedly. The premises had been made, not remember." a new building within the meaning of the

After a considerable number of ques-beautiful glancing to long-leg, and a curi- entirely of good booking of short stuff, Public Health and Building Ordinance, tions had been put to the witness, to

ous wrist shot which turns atraight balls but the party walls had not been touched. which he returned indecisive answers, to leg. He won't have so many chances.: He submitted that plaintiffs left the pre- Mr. Davidson reminded him that these mises by a misrepresentation of facts were very important points in

ok Tai; managing director, said that serious accusation which witness had the business of the firm had entirely made against the defendants, and he ceased since they vacated the premises.

seemed to treat them very lightly. After hearing final arguments, bis Lord.

The hearing was adjourned until today ship said that in his opinion the plain tiff left the premises voluntarily-not be. Cause he wanted to go but because he thought he had to, and therefore he would Kive judgment for the defendant.

2

JOANS TO A FRIEND.

CLAIM FOR $200.

B.E.F.C. RES. . SURREYS' RES.

REGIMENTAL SPORTS.

to play the first two against say the The following will represent the Hong- Shanghai bowling, while frankly I dis- kong Club Reserves in their 2nd division trust the third shot against any good League fixture with the Surreys Reser bowling. More has not been bowled atves at Sockenpoo to-morrow at 2.45 pm. all this year and he is as good a field sharp-H. Oswick; D. Lyon (capt.) and as Ramsay. He is a far better bat, but H. Buxton; R. J. Bell, A. Ferguson, and (and it is a very big "but " he is an Puncheon B. Bell, T. Robert, E appalling starter and as nervous as a cat Railton, J. Douglas and J. Dixon, Re He was asked for a further loan of in a strange house. The great question serves: C. Conway. J. V. Ramsey, and $100. He handed this sum to Leung and with him is, can ho stop the first six Paul. received an LO.U. Later defendant gave overs? Reed is a bowler and nothing him a cheque for $100, but the Bank dis- else, but he a very good bowler. At bonoured it. When this happened he present it would be idle to deny that he sent his foki to defendant to tell him to is a little of colour, but even so be is

The 1st Battalion of the East Surrey come to his office, but Leung never turned bowling very well, without any luck. Regiment are holding their Athletic

and Powell are the only two "stock up. Lo Kam Tuen, clerk, of the Asia Trat-

In reply to a question by Mr. Brewer, bowlers in the Colony; that is, both of Sports meeting on the Hongkong Foot- ing Company, 16, Des Voeux Road, made plaintif said that it was not true that them can be relied on to bowl a steady ball Club ground, Happy Valley, this

claim yesterday afternoon, against defendant had tendered any money length for a long period, and always to afternoon. Leung Kam Ying, of the Hongkong otherwise he would not have retained be dangerous. Young is rather a variable Amusements, itd, China Building, for possession of the promissory note and $200, the amount due under a Chinese the 10.U. promissory note dated July 16th, and upon an LO.U. dated August 1st, signed by defendant in favour of the plaintiff.

Mr. C. A. 8. Russ appeared for plain- i, and Mr. N. I. Brewer defended.

Plaintiff “mid that he had - known

Defendant said there were three sopar- The run of play on Saturday will prob- the opinion of those players who have Leung Kam Ying for about ten years. ate debts of $100 each, and a Mr. Brower ably settle matters, but I suspect that seen all the play and are qualified to On the 18th July be met defendant ia had pointed out he had paid $100 back, if these four are left for the last two judge), is entirely with the selections. the Star Theatre, Kowloon, when he redeemed the cheque, and tendered $100 places it will be Ramsay or More: and We may not have an epoch-making side, was asked for a loan of $100.

Mr. Brewer submitted that his client's Reed or Young. In the first case it is a but then, we had not got one in Shang- fused to give him the money until he had story was reasonable. One strong point question of confidence and riskiness hai last year. And even if we should received a promissory note, but as soon in his favour was that he said there were against correctness and nerves. In the lose, it is an excellent dress-rehearsal as this was ha fed to him he gave defen-

fielding and a better chance of runs. And venture to say that our prospects are second, of better bowling against better for the future. And for that future I dant the money. On August 1st he again saw defendant, this time in the office of

I am very glad I have not got to make brighter than they have been for the last the Hongkong Amusements Company.

the choice.

docado. (Continued an next column.)

He re-

Mr. Brewer, on behalf of his client, averred that the dishonoured cheque had now been redeemed id cash; defondant bad made two payments of $50, and $100 had been tendered,

three debts, and plaintiff said there were only two.

His Lordship gave judgment for plain tiff for 8200, and 8100 in. Court, to be banded over as part payment..

fast bowler. He is a hard worker in the feld, Asn bat he has no style, but he does get runs, and, what is more, he fully expects to get them. He is as good judge of a short run as anyone, and be backs up well.

"

(Continued at foot of next column,).

In conclusion, I think a word should be said of the great trouble, which the Selection Committee have taken, to see that not even the wildest possibility has escaped inspection.. I know that general. cricketing opinion (and by this I mean

R. ADDIT.

BRAND'S DELICACIES.

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