1928-08-30 — Page 4

Page

SPECIAL OFFER

Soft Felt Hats.

To make room for our New Season's Hats we are offering our present stock

at

$8.50 each, net

Wednesday, Aug. 29th to Tuesday, Sept. 4th.

THE HONG KONG DAILY PRESS, THURSDAY, AUGUST 30th, 1928.

Mackintosh

MEN'S WEAR SPECIALISTS

ALEXANDRA BUILDING.

CcLau

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SOLE AGENTS:

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TEL. C. No. 135.

"GREATER than RUST"

Wilkinson's

HONG KONG.

ANTICORROSIVE

Ready Mixed Paints

tor. Every Description of Iron and Steel Work

Large Stocks kept

of Two Shades each RED AND GREY

Specify

Wilkinson, Heywood & Clark's

PAINTS

Agents:

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Telephone Central ̄687.

ROUND THE POLICE LIFE SAVING EXAMINATION A MONEYLENDER'S

COURTS.

SHAUKIYAN GAMBLING PROSECUTION FAILS.

AT CENTRAL MAGISTRACY.

Twenty-five Chinese from Shau- kiwan, including a woman who it the principal tenant of the floor on which they were arrested, were

RESULTS.

AWARD OF MERIT (SILVER MEDAL) RECOMMENDA-

TIONS.

TWELVE CANDIDATES · ALL

PASS.

An examination for the Award of Merit (Sliver Medal) of the Royal Lite Haring Society was held at Lyemun on Tuesday. The can Battery, Royal Artilley, who had

CLAIM.

SHARP PASSAGES BETWEEN SOLICITORS.

**

DEFENCE OF FRAUDULENT

CLAIM "7

A very unusual application was made to Mr. Justice P. Jacks, at the Summary Court yesterday after-

·

Speaking of the instalments paid by the defendant, Landolt, plain- tiff anid that he, invariably called on the defendant about the first o second of the month. Sometimes he was paid and sometimes not. In January this year, defendant only paid him $2.

His Lordship remarked that from the figures in plaintiff's book it' appeared that defendant had re- paid $424,

Mr. Russ said that that did not ie. present capital. Interest had to

charged before Mr. R. E. Lindseltdidates were men of the 19th Heavy noon, when Mr. J. M. Remedios ask-be deducted and if this was done, at the Central Magistracy yester- previously qualified for the Soed his Lordship to allow a witness it would show that the actual day with contravening the Gam- cioty's Proficiency Certificate and to be called later in the proceedings amount on the capital repaid was

bling Ordinance...

A Chinese detective stated in evidence that when he entered the floor he saw ten men gathered round a table and playing tien kdu,

"Celestial Dog.” and he described the values of the various hands exposed. Later witness said that only four hands were exposed, and he then had his attention drawn to his previous statement in which he said ten men were playing.

Remarking that the evidence was unsatisfactory, his Worship dis charged all the defendants.

Mr. O. E. C. Marton represent

ed a number of the defendants.

UNSTAMPED RECEIPTS.

4 receipt book of the Lock Sin Restaurant, of Possession Street,

was produced as an exhibit in 2 Case ander the Ordinages requir- ing stamps to be fixed on receipt of all payments over a certaja sum. According to Chinese cus tom, when money is paid out the recipient affixes a receipt stamp in the firm's book for cash payment instead of giving a separate re ceipt. An inspection of the book by the police showed several instances in which receipt stamps had not been affixed.

The defendants were fined $10

each.

ALLEGED EAR-RING

SNATCHER.

Bronze

to remain in the Court before being summoned to the box,

$200,

was to be repaid by eight monthly instalments of 880 a month. Mr. Russ said that he would leave that point for the defence to bring out in cross-examination.

Medallion. The "Award of Merit is a mach more dificult test than the previous certificates, and

What Would The Defence Ba? The application arose out of an the Society only grants it to really

His Honous referred to the pro- action taken by an Indian money-missory note and pointed out to strong and competent swimmers

There are six parts to the examination, and a candidats muet lender, named Sundagat Singh, Mr. Russ that interest was not Aagainst J. S. Landolt, described as mentioned. It only said that de obtain a pass in each pari.

minute only is per- an employee of the Canadian Pacific tendant had borrowed 8640, which rest of one

itled between the various parts. Railway Co., for the recovery of The tests are

(a.) To swim to a patient fully $440 being balance of the sum of clothed and tow him at least twenty8840 lent to the defendant on yards.

November 3rd, 1924. (b.) To swim continuously six hundred yards fully clothed by Mr. C. A. S. Buss appeared for three different strokes: (1) two the plaintiff and Mr. J. M. Remedios hundred yards breast stroke; (ii) was for the defendant. Before Mr. nation, Mr. Remedios said that he Before opening his cross-exami- two hundred yards back stroke:

would have to withhold his cross- (iii) two hundred yards free style. Russ opened his case, Mr. Remedios

(C) To undress on the surface made the application already men-eximination in so far as the plain.

tioned. Mr. Remedios admitted that the application was a very upusual one, but he did not think that Mr. Buss, would object to it, because

of the water.

(d) To perform a surface dive and bring an object to the surface. (c) To dive neatly from two heights.

W

(E) To perform-three scientific

or fancy swimming movements, of which the Society has a recognised list.

All Candidates Succeed.

Twelve candidates were presented for the examination and all sue ceeded in obtaining the necessary marki ten points being the maxi- mum for each stroke, dive or move. ment. A candidate failing to ob tain five points in any part is deemed to have failed the whole examination. The Society is very

particular about granting this award, and reserves the right to refuse to give it unless they are completely satisfied that the candi date deserves it.

The following names have bees forwarded to the Chief Executive A Chinese coolie was brought be of the Society in London for ap fore Major C. Willson at the Cen-proval and confirmation:-Gar. tral Magistracy yesterday morn W. Avis. Gur. P. French, L/Bdr. ing for snatching a gold earring W. J. Pratt, Gar, B. Maaders, from a Chinese woman. The case Gar. J. A Full, L/Bdr. C. C had to be remanded as the defen Ciark, L/Bdr. F. McGee, L/Bdr. witness on his behalf.

the witness and the defendant, Landalt, both claimed to be liable on the note at one time. His Lord ship would also see from the note that originally the word "we" written, and which was later alter ed to "I only. It, however, bore the signature of the defendant only

Kr. Russ Objecta.

WIN

Mr. Russ said that he would certainly object to such a pro- cedure, especially as he did not know what the witness was going

to WAY.

His Lordship refused Mr. Remedios's application saying that what the witness had to say would not be affected by his remaining out of Court while plaintiff was giving his evidence.

tiff's book was concerned. He had applied for discovery, and Mr. Russ had only discovered the pro- missory note to him. He had no

knowledge of the existence of the book, though in the ordinary course, application for discovery meant that every document had to be discover- ed.

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HongKong.

He would have to examine S. Moutrie & Co.,Ltd, the book Brst before cross-examin- ing on that point. because probably his defence would be one of "fraudulent claim.”

Mr. Russ remarked that if the defence was fraud, he should have down in Summary Jurisdiction that been notified. It was specially laid such defence would constitute a "special "defence, and that the other side should be notified,

A WANDERING BUGATTI CAR.

was not bound to notify. He cited Mr. Remedios contended that he was Moneylenders Act, and said STORY OF ITS CHANGE OF that his Lordship has the right to go behind every circumstance of the case. After further argument

dant said that he wished to call a Tarot Gar. T. Hailstone, missory note for $840 was signed that he had not the foggiest idea

The police informed His Wor- ship" that they had had a great deal of trouble in arresting the de fendant who after snatching the

The

com-

ornament ran away. plainant pursued him and later. found him standing by a fruit- stall. The woman struck at him with her umbrella and the "defen- dant flung a board at her which struck her on the head knocking her unconscious. It was only after a long chase that the police arrest

ed the man.

MOSQUITOES ON THE PEAK

A Chinese contractor named Lam Dore was fined $50 by Mr. R. E. Lindsell for maintaining a bamboo scaffolding in which cavities were exposed capable of containing water where mosquitoes would be likely to breed. Sanitary Inspec- tor A. G. Martin prosecuted and informed his Worship that the acaffolding was erected on the site

of Sir Robert Ho Tung's new house at Mount Kellet. The defen- dants were warned on several oc

casions buy paid no heed. No less then seven samples of larvae were taken from the site.

The defendant pleaded guilty.

AT KOWLOON MAĢISTRACY.

STOLEN ROPE FOUND.

Trumpeter W. Adams, Gnr. H. Say, and Gar, H.- Herman.

The candidates wore full uniform ss boots, .e. fully buttoned tunic, slacks, shirt, socks and belt.

THREE CHICKENS ON A ".

STRING.

For cruelty to three chickens, which consisted of tying the wings together with a piece of string and holding them dangling by the said string a Chiness was fined 86 by Mr. W. Schofield at the Kowloon Magistracy.

Another man who had four ducks in a crate which was too small was fined $4.

A visitor to the Court who for- got to take his hat off was fined $1 for contempt of Court.

LAI CHI KOK MATSHED OWNER FINED.

that on November 3rd, 1924, a pro Opening his case, Mr. Russ said

by the defendant in favour of the plaintiff for money lent to him, Of course, the amount lent out was not so much as the promissory note

called for, but that was done in accordance with the usual practice of moneylenders. A certain per centage of interest was also charged and this had been paid from time to time. Defendant had also paid various instalmente, amounting to 8200, thus leaving a balance of tiff was also aware of the fact that $440, the amount claimed. The plain- the word "We" had been changed to" and he would tell the Court that that was done because the other man who was to sign the promissory note jointly, did not turn up in time to do so, and thus

We was charged into "I" Continuing, Mr. Buss said that he did not know what documents the defence would produce. He had applied for discovery, but, nothing was discovered to him,

In Dramatic Mood.

Mr. Remedios, speaking with some A Lai Chi Kok matshed owner heat told Mr. Russ to be more ex-

OWNERS.

on this point, his Lordship said A CHINESE WOMAN'S CLAIMS. what the defence was going to be

The story of a Bugatti motor car, and, therefore, he could not make an order at this stage.

valued at 88,000, and how it went Signed Double The Amount, up to Canton and was passed Cross-examined by Mr. Hemedios from one

person to another was plaintiff anid that he was intro- told in the Supreme Court yester duced to the defendant in May, 1924, and within a few days be any before the Chief Justice, Sip signed a joint note with a Mr. Henry Gollan, when She Lai Sze, Neves for 8120, the amount actually Chinese married woman of No. lent being 2100 between them Ther both signed that note. The next 145, Kowloon Tong, claimed against defendant personally borrowed $133 874 and 678, Des Voeux Road Con- transaction was in June when the Mr. G. Jorio, motor mechanic of and signed for double that amount. He again borrowed $200 in Septemtral, for the return of the car or. ber, 1994, signing for $400. He also a sum equivalent to its value.

Mr. Leo d'Almada, Jar!, instruct signed as a guarantor for another man in May. On the Mar note, the defendant and Mr. Neves paid by Mr. J. M. Remedios appear- the money back at the rate of $12 ed for the claimant. The defen- each every month.

dent was not present, neither was he legally representated. The case was therefore heard ez parte.

Plaintiff agreed that that May note had been paid off and stated that he had received back $79 on the Juno note. The note had been lost.

Easy To Say But No Proot. Mr.Remedios: That is a very

It appeared that the plaintiff bad lent $10,000 to her brother-in-law, Mr. Lam Tak Ming, of 35, Wong-

at the Kowloon Magistracy for did Mr. Russ apply for discovery was fined 850 by Mr. W. Schofield plicit, and declared that at no time convenient explanation. I put it to neicheong Road, in February 1922. extending his shed and trespass and that no order for discovery ing on Crown Land. 'Mr. GP J.

you that Mr. Landolt borrowed no money from you in September 1 He borrowed $200 from me.

4

On being naked for repayment of the sum, Mr. Lam gave her $2,000 and the Bugatti motor car, costing Chambers of the F.W.D. Land had been made by the Court. All

That the only amount borrowed Office explained that the defen: that he could remember was that dants had received a permit to

was in May and that that note was $6,000, as the balance of the debt... Mr. Rusa had spoken to him about build on a portion of the beach but discovery and that he had told Mr. signed jointly by Mr. Landolt and She accepted and banded back the in the absence of the owner the Russ that he could discover any. Mr. Neves -Well, it is very easy promissory note to Lam Tak Ming, abud Wan extended. Mr. Leathing he liked. "Appealing to his to say but there is no proof.

That that promissory note was who in turn gave her a receipt for d'Almada appeared for the de- Lordship, Mr. Remedios said," My fence.

Lord, this is most serious Mr. not returned after being discharged the car. The plaintiff thus came Russ at no time applied to you for by the defendant? Yes, some notes into possession of the car and from discovery and you, My Lord, have were lost. Not only that one but April 11th until April 22nd, the made no such order. If you had. others. and I had ignored it, that would amount to contempt of Court, and I should be liable to arrest.

Mr. Russ: My Lord, my friend is in a very dramatic humour this afternoon.

||

1J

LAUNCH COOK SENT TO GAOL

Mr. Remedios asked his Lordship vehicle was kept at a Kowloon Tong to note that answer, saying that it garage. She never used the car, would have a very big bearing on and later it was sent to Canton for Mr. Lam to sell it to another the case afterwards.

In reply to his Lordship Mr. party. It appeared that Mr. Lam was unable to sell it and the Remedios said his object was to satisfy his Lordship that previous Bugatti then came into the poster to the signing of the note, all notes on of Mr. Borandi Cezer, Canton, who held it for some time. The which were outstanding were can- ceiled by the particular mete for car was then sent back to Hong since been kept at Marble Hall, was written in the plural but was $640. He pointed out that the note Kong to the defendant and has

Plaintiff's husband called on the signed by only one person, M. Kowloon Landelt. Paid Only $2.

There would also be

defendant and naked for delivery Giving evidence, plaintiff said evidence to show that the Herd or the car. Defendant told him that that the defendant was a clerk in Us" would bring in another man,

Mr. Russ then referred to his notes had found that he had made no application for discovery."

A case of interest to shipping companies in view of recent thefts from their vessels came for hear ing before Mr. W. Schofield. A reid made by the police on the Tax On Marine Store dealers was mentioned and an application was. The Chinese cook employed on made for an order to return, to the the steam launch Stanley pleaded rightful owners the following pro- guilty to theft of aine woollen

blankete perty:-140 fathoms of Manila rope to Messrs. Butterfield and been extracted from a drawer and

The articles were stated to have Mr. Remedios: I am, and I have Swire; 92 fathoms to Mesera. Jar-

to be, My Lord, when one is deal to have been pawned in dine Matheson and Co., Ltd., and

five ing with Mr. Buss. 207 fathoms to the Java China different shops. In the case of Japan Lija.

two of the pawnbrokers, His Wor Mr. A. H. Naismith, chief officer ship held that they had not used of the a La Ying, sppeared in articles and ordered them to re- auficient caution in accepting such Court, to represent Mesars Butter lease the articles without payment. field and Swire, Capt. D. Skinner,

The defendant was sentenced to assistant marine superintendent on behalf of Mesera Jardine, two months' hard labour. Matheson and Co., and Mr. A. Y. Ramond-for the J:0.JL.

Sergeant Fowlie said that the rope was stolen from vessels be- longing to the Companies and the rope found at the shop tallied with the samples held by the police. 562, Nathan Boad, failed to give signed, the defendant wrote out the plaintiff reported the note as lost band called on the defendant a satisfactory explanation to agra We, but after the note and said he had made a report to constable who questioned him and he was taken to the police station. On appearing later before Magistrate be pleaded guilty to a charge of theft.

According to the pol

police, the

One man was taken into custody, but was subsequently discharged.

His Worship made the necessary

the C.P.R. Office. He was first who was an office companion of he could not deliver it until he had introduced to him and another man the defendant. They arranged for the authority of Mr. Borandi Cezer SACK THIEF CONVICTED.

named Neves, also on the staff of a loan of 8490 for which they to whom, it appeared, that Mr.

Lam owed: 81,000. the CP.R., by a Chinese called Ah signed for 800 payable in monthly Counsel went on to say that a A Chinese who was found sort Young in 1924. Defendant borrow instalments of 860 month. That ing a number of sacks early yes ed 640 from him on November 3rd, was in August September and date was fixed for delivery, and the terday morning in a lane near No. 1924, and had repaid $200 by in October instalments were paid, car was to have been handed over stalments. When the note was leaving 8040. On November 1st the on Jube 23rd, but when plaintiff's and tendered storage charges, de was signed, plaintif requested him the police to that effect. In view fendant told him that he could not deliver the car because Mrs Cezer: to cross outwe" and substitute of that loss Mr. Landolta had told him to hold it until the "I" This the defendant did and new note which he himself

Figned

Lam was also initialled the alterations. and then asked his office com- $1,000 owing by

paid. Plaintiff then produced his ac panion to sign. The other man,

Service of the writ was then For being in possion of 31 lot- sacks were stolen from a vacant count book owing the various however, refused to sign unless n tery tickets at No. 1, Tai Nam piece of land at the junction of payments made by the defendant letter of indemnity was given by Proved, but his Lordship pointed. out that it would be necessary also. Street, Shumshuipo, a Chinese Pitt Street and Nathan Road He also said that subsequent to plaintiff. This woman was fined 860, with the al- where the Hong Kong Engineering this loan of $650, he had also lent ternative of six weeks hard and Construction Company are $100 on the joint signature of labour, by Mr. W. Schofield at the erecting a new building.

defendant and Mr. Neven. This Kowloon Magistracy...

Defendant was sentenced to one amount had been repaid and he

had lost the note. (Continued on next Column). month's hard labour..

order.

LOTTERY TICKETS.

the plaintiffs agreed to by to prove service of claim and

Af thin stage, his Lordship made notice of trial appl an order for mutual discovery and the application of Mr. adjourned the case until September d'Almada, the case was adjourned

for this to be done.

"6th