1928-04-20 — Page 1

MASON'S

IDELICIOUS

O.K

SAUCE.

Library, Supreme Court

Library, Supreme Court

Hongkong Daily Press.

Registered as a Newspaper at the General Post Office in the United Kingdom.

* Tour: Kytu áru Bals. With Tan

N, LAZARUS, Hong Kong: Only European.: Opéžalum

(Established. Over Party Loses),

Manager: -*-* KALPIS A, COGFER, MADA

Registered. Optometrist by Chnachten Govt. A.

Persona Athenise).

ESTABLISHED 1857.

電話:No.21,768 號捌拾陸百柒仟查萬弍第

日登初月叁辰戊

HONG KONG, FRIDAY, APRIL 20th, 1928.

●五拜禮

日拾式月肄年八廿百九仟登英

KOWLOON-CANTON RAILWAY.

£19,000 FRAUD ON TO CHEAPEN LITIGATION.

WIDOW.

NO JUNIOR COUNSELL

THE

DIARY OF EVENTS.

FAMOUS JUDGE'S "SULGES. TION.

STATIONS

TIME-TABLE.

DP TRAINS

O

Not No.1 No a. 10. No. No, 13 No, 14 Na, 18 Na Bais No. 36 NO AMA.M. A.M. AM, JA.3. HOOF! P.M. | F.X} TX, F.K. | FM, || PM.

•

Dep. 8.40 8.05 8.30 9.10 10,00 12.00 115 2.838.00) 4,30) 5,43) 7.20

9.2010.06 12,08 1,25)

9.33 10.20 1920 144

9.48 16.83 19.83 1.47

9.58.10.87 19,87 1,51

Kowloon

Taumati

Bhatia

7.01

Tipo

Talpo Market

Tanlag

10.0510,47 12.47,

2.01

Shrungahwi

9.07

010.52 1152 2.06 3.14

Shamshan

(Deg.)

8.459.13) 8,48

610.58 18.68 2.12 3.90 3.40

11.10

Chaton ...AST.

11.50

5.88****

STATIONS

36.1 3.3

AX.

Canton

...Dep.

Bhamahan

fAm.

Dep

Burangabad Dep Fanling

DOWN TRAINS

4.38 6,60 7.58 4.50 6.0 7.50 5,04 8.15 8.09 6.03 6.19 8.07 5.18 6.20 8.17 6.838.91

5.99 6.41 8.17

Xa1 No. 3 No.3 No.17 No, 19 No. 1o. 15 X 28

P.M.FM AX

2.3. AM

זאני

8.05

www

11.00 8.06. 10.25 11.09 11.38 2.68 8,10 | 10,49

7.80 8.16 10,47 TapoMarket Dep. 7,40 8.28 10.37 Dep. 7,44 8.3111.01

Taipo

Shatin Dep. 7.579,44 | 1154 Yermati.Dep. 1.11 | 58 | 11.28

Howloon Art, B.17 9.01 11.32 11.48

4:29 | 649 11.46 8.05 4.48 5.55 11.50 3.10 4.50 6.00" 12,01 8.21 5.00 6.10 12,088.285.04 0.15 12.20 8,895:17 6.29 12.89 8,61 6.29 6.40

2.3.

8.30

6,21

7.01 7.08

12.38 8,575,35 6.48 7,04 744

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KOWLOOM. TEL K155,

YOUNG MAN DROPS DEFENCE

JUDGE AND, SOLICITORS

CONDUCT.

An action brought in the Chancery Division of the High Court against a young man who obtained £19,000 from the widow of a Ceylon planter by fraudulent misrepresentations came to an abrupt conclusion when it was stated that he did not propose further to contest the claim for the return of the money.

The plaintiff was Mr. Sarah Jane Lindsey White, aged 63, of the Royal Palace Hotel, Kensington, W., and the defendant, Mr. Henry Anderson Conroy Irving Eustace, aged 22, who was stated to have had a sumptuously furnished suite of rooms at the Ship Hotel, Shepper. ton, Middlesex, and came from Coversack, Cornwall.

Evidence was given that he was educated at the local county council school and had done half-time work" in a garden at the age of 13. It was stated that he had represented to Mrs. White that he was educated at Winchester, that his grandfather and grandmother were the Count and Countees of Boulogne, that his two nunta were sisters of the Bishop of Madagascar, and that he owned a castle in Cornwall.

Mr. Eustace had pleaded that the money was given to him as a gift because Mrs. White had conceived" a strong affection for him.

Sir Thomas Hughes, K.C., for Mr. Eustace, announced that he would leave Mrs. White to take such judgment as Mr. Justice Astbury might thing she was entitled.

Mr. Gavin Simonds, E.C., for Mrs. White, said that, the counter- claim of Mr. Eustace contained. charges against Mrs, White's soli citor, Mr. Crosse, which he desired. to deny..

He was charged with having com- pelled Mr. Eustace by duress to execute certain instrumenta, and also with the false imprisonment of Mr. Eustace.

"Not The Courage."

Mr. Justice Astbury: The defend ant has not the courage to go into the witness-box to support his alle gations. I don't think Mr. Crosse. need pay much attention to them.

Mr. Colin Stanley Crosse, Mrs. | White's solicitor, in evidence, denied that he had induced Mr. Eustace to execute any documents, or that Mr. Eustace was detained at Kensington Police Station by "tenson of any charge made by him

It was a complete surprise to him (Mr. Crosse) when he found Chief Inspector Collins, of Scotland Yard, As the Borel Palace Hotel, Kensing ton, on December 13th.

TABEL.

Hixiness

manufacturers, and others welcome with strong sp- proval Lord Justice Sikkey's sug gration in a lecture thas an inquiry should be conducted by business to and lawyers with a view

proceduro which discovering a would lower the cost of litigation, The National Union of Manufac turers is taking the matter up at once. Sir John Corcoran, director, "I propose to bring the said, judge's suggestion before my ad committee at the ministrative earliest possibla moment'

Lord Backmaster, an ex-Lord

"

Chancellor, thought the matter boo complicated to be dealt with by an inquiry, but pointed out that liti ants increase their costs by em- Ploying expensive counsel

Etiquette Problem.

To-day.

(April 20th.)

Meeting of the Victoria Recrea- tion Club, p.

Association RB. Theatre.

Smoking Concert Royal Artillery

Dinner to Hong Kong European Medical practitioners by Chinese Medical Association.

Gay Queen's Theatre: The Retreat

World Theatre: "A Man's Post." The Honeymoon Star Theatre: Express."

Teo Dances: EK Hotel, and Hotel Savoy, 4.30 p.m.;

King Edward Hotel,

Lane, 5 p.m.; Crawford's Restaurant, 4.30—6.30 1.M

Cheer '0" Quarry Bay Dance, 7.30 p.m.

Principal Mails:-Inward: Europe vid Negapatam (Jeypore); Europe vid Eiberia (Sura Märu), Outward:

Biberia Evrope vid

A partner in a prominent firm of (Kidderpore), 5 p.m. commercial solicitors said:

C.

In nearly every can now three lawyers are employed the solici for and the leading and junior counsel. Surely one of these could be omitted in most cases!· The obvious thing to do would be to allow aplicitors the option of briefing a leader without a junior.

Saturday.

(April 1st.)

Fanling Hunt: Col. Hayley Bell's Hunt Ride. Meet Sheung Shui Police Station, 243 p.m.

St. Peter's Club Marathon Race, 3 p.m.

Gay Queen's Theatre: The Retreat,"

World Theatre:-"A Man's Part." Star Theatre:- "The Honeymoon

Etiquette forbids that a K.C. shall be employed without s junior, although often there isExpress." comparatively little for the junior to da. See what this means in counsel's fees alone.

Say the K.C. is briefed at 200 guineas then a junior must be paid 180 guineas-that is money which might be saved,

This is a matter for the Bar Council, and so far they have shown no sign of offering to cheapen litigation by encouraging the briefing of leaders without juniora

In those circumstances Mr. Justice Astbury might think it right that Mr. Eustaco's solicitors should have an opportunity of showing why they should not he ordered to pay the cost of that disgraceful counter- claim, on the ground that it was frivolous and vexatious.

Mr. Justice Astbury: I shall dis- miss the counterclaim with costs. Would it not suit you if you had liberty to apply against the defend- ant's solicitors in the event of your not recovering the costs of the counterclaim from the defendanti

Mr. Simonds said the chances of recovering the costs from Mr. Eustace were nil. Mrs. White would take liberty to apply as suggested by Mr. Justice Astbury.

Credulous Woman.

He (Mr. Crosse) never made any bargain with Mr. Eustace. At the Mr. Justice Astbury, giving judg. hotel at Shepperton Mr. Eastacement, said that Mr. Eustace was the said to him, I have given you illegitimate son of a woman who all these things back. I suppose lived in a remote fishing village in you are not going to do the dirty Cornwall and who was in a humble I supppose you position of life. It was not for him are not going to prosecute me. (Mr. Justice Astbury) to discuss the He (Mr. Crosse) replied that he credulous characteristics of Mrs. White. She evidently was not a had decided to take civil proceed- ings,

woman of much worldly experience. She believed Mr. Eustacc's ridica lous stories.

on me now..

Mr. Simonds said that Mrs. White desired declaration that Mr. Eustace obtained £19,500 from her by fraud. She further claimed that the Rolls-Royce car which was pur- chased out of her money was her property.

Mr. Justice Astbury said the sim- plest course would be to transfer the car to Mrs. White and give judg. ment for her for £11,796.

The police force became interest cd, in "him, with the result that he spent one night in a police cell

Mrs. White had stated that she took a motherly interest in Mr. Eurtace, and his crippled condition moved her to pity. He (Mr. Justice Astbury) accepted her evidence. Sho had been grotaly and fraudu- Mr. Simonds said that with regard lently imposed upon. My. Eustace to the counterclaim the case put had not had the courage to face the forward by Mr. Eustace was ob-witness-box

The viously without foundation,

He (Mr. Justice Astbury) made counterclaim alleged that the money an order that Mrs. White was in- was a gift and that Mr. Eustace duced to advance that £18,500 by was entitled to damages for duress, the fraudulent representations of Mr. Eustace. She was entitled to false imprisonment, and libel.

judgment for the balance. £12,,, with interest at 5 per cent., after the deduction of the £3,800 (recover ed) and £2,004 (the price of the car).

Mr. Eustace's solicitors, Mesars. Firth & Co., had not been treated at arm's length. They had been informed from the beginning that they were dealing with a swindler, and Mr. Crosse had done his best to put before them the position and

character of their client,

They were also told of these facts in another. action in Mr. Justice Clauson's court.

Other Frauds,""

In this Mr. Eustace admitted his liability in a substantial sum to other elderly ladies, whom he had similarly defrauded of £11,000, of which £7,000 had been satisfied by moneys provided by Mrs, White.

In that action there was a motion to commit which had stood, over from time to time, awaiting the re- sult of the prescat case, because the assets of Mr. Eustace were being held up in the meantime."

(Continued on next Columa).

He would appoint a receiver of Mr. Eustace's property. Mr. Eustace must pay the costs of the action.

,

The BolleitorE.

Before the counterclaim was put in Mr. Justice Astbury continued, Mr. Eustace's solicitors apparently although he made no definite statement know quite sufficient of Mr. Eustace and his action to make it extremely doubtful whether the counterclan could honestly and fairly have been delivered by them.

He (Mr. Justico Astbury) gave Mrs. White liberty to apply against Mr. Eustaco's solicitors to show cause why they should not personal. ly pay the costs of the counter-claim in so far as they might not be re covered from Mr. Eustace.

Tea Dances: H.K. Hotel and King Hotel Sovay, 4.30 p.m. } Edward" Hotel, 5 p.m.; LABA Crawford's Restaurant, 4.30-6.37

p.m.

Cheer 'Q" Social, 7.30- .. Principal Mails Outward:

Mamailles Europe vid

(Suwa Maru), 9,30 am

Sunday, (April 2nd.)

Oof Final Junior Sec. Cham- pionship.

Fanling Hant: Meet Mr. Potte Bungalow, 78,3,

Portugese Coy Fire Part I. Table T at Stonecutters.

Queen's Theatre: "The Quarter. back."

+ The World Theatre:

Big Parade."

Star Theatre: "Wild Beauty." Tea Dances: H.K. Hotel and Hotel Bavoy, 430 p.m.; King Edward Hotel, p.m.; Lane, Craw ford's Restaurant, 1.30-8.30.

Cheer '0" Music, 7.30 p.m. Principal Mails:-award: Europe via Negapatam, papers only (Hali para)...

Monday. (April 23rd.)

St. George's Day. Extraordinary General Meeting China Light and Power Co., 11 a.m. Queen's Theatre: "The Quarter- back"

World Theatre "The Big Parade."

Star Theatre: "Wild Beauty:" Ter Dances: HK. Hotel and Hotel Savoy 4,30 p.m.; King

Hotel, 5 p.m. Edward Crawford's Restaurant, 4.30-6.3 P.m.

Lane.

Cheer 'O" dance Helena May Institute, 8.30 p.m.

Principal Mail: Outward : Europe vid Biberia (Kilano Mars), 10.30 m

Tuesday.

(April 4th.) Hockey: HK. Hockey Club 2nd K.O.S.B., R.N.U.S.C. XI. v. ground, & p.m.

China Sugar Refining Co., Ltd. annual meeting, noon.

.

Hong Kong General Chamber of Commerce Annual Meeting, 4 p.m.

South China Command Sports, Sookunpee, 1st day.

Queen's Theatre: Everybody's Acting."

PRICE: +3 PER MONTH

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Bubscription, paid in advance

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Star Theatre: "The General." Tea Dances: HK Hotel and Hotel Savoy, 4.50

p.m.; King Edward Hotel, 6 p.. Lane, HONG KONG. DAILY PREAS ÒIa. Ipart of the worki=815. Crawford's Restaurant, 4.200,30 p..

Principal Mails Outward: Europo vid Marseilles (Andre Lebon); 3. p.m.; Outward: Europe via San Francisco and vid. Biberia (President Jackson), 9.45 am,

Wednesday. (April 25th.) Fanling Hunt: Host at Stables, a 8. China Command Sports, A kunpoo, 2nd day,

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