1932-05-31 — Page 7

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HONG KONG DAILY PRESS, TUESDAY, MAY 31, 1932.

PROBATE ACTION. TWO MEN TO HANG.L.O.N. COMMISSION

TESTATOR'S WIDOW SUES ELDEST SON.

--- 13

VALIDITY OF TWO WILLS CHALLENGED.

ACCUSED IN MAGAZINE

GAP MURDER.

APPEAL TO PRIVY COUNCIL?

from an early hour. Cheung Tso Sam and Cheung Sau Fu were to have sentence of death pronounced on them at noon.

AT HANGCHOW",

OFFICIALLY ENTERTAINED,

(From Our Own Correspondent.)

7

WUCHOW NOTES.

FIRE NEAR FOREIGN SETTLEMENT.

(From Our Own Correspondent.)

Wychow, May 27 A small Bre broke out at

11

CORRESPONDENCE.

[All felters intended for publi 'pation must be acoumpanied by the name and address of the writer, not! for publication, unless so desired. but an evidence of good faith.—Ex.},

* ༔

LAWN BOWLS FEAT,

A

(TO THE EDITOR OF THE "HONG KONG DAILY PRESS."]

Sia. I overheard a conversation

from some bowlers that on Satur- day last on a Kowloon Club's green, while playing a second divi- sion match, a visiting rink scored a possible, ie.. 8 shots against their opponents and I was surprised that no mantion had heon made in any of the local paport in giving re- sults of the league matches.

The interest shown by the Chinese

Hangehow, May 21. Two wills, the validity of both public in what has come to be

The Spring has been no execį of which are shallonged, are in-known as the Magazine Gap murder tionally cold and rainy one and the o'clock on Wednesday night out- wolved in a probato action which | case was maintained yesterday silkworms hava suffered in "conse-side the city propor and just behind commenced in the Suprogie Court when a large crowd waited in tha quenée. "The wheat burvast the foreign settlement. The flames yesterday before the Chief Justica corridors of the Supreme Court better than it has been for some were extinguished in half an hour (Sir Joseph Kémp).

years, and the prion of rice in fall by people on the spot. The Fire The plaintiff is a widow, Wong

ing rapidly. There has been a Brigade made a very suergftic turn Yu-shi, alius, Ya Choy-ago, 0. Tam

stamp in the silk market, and out but the work was finished be Woon Road, Tai Pak Lan, Hong

prices now ruling are lower than fore they arrived on the scene. Kong, and there are two defendants,

After the two prisoners had been they have been for a considerable Several wooden huts near the ice Wong Took-mai, alias Wong Tsok found guilty of murder by anani- time.

factory were burnt down but that sum, merchants, of No.114. Des mans verdict of the jury two weeks

The three large factories which important building escuped un Yoeux Road West, eldest son, and go, Mr. Somerset Fitzroy, who had to close down owing to the damaged. Wong Took-lam, a "minor son. had defended them at the trial, Japanese invasion, have recently ref The Kwanggi Government has According to the plaintif's ease, argued last week in Full Court on opened, and many of the Shanghai sent a strong body of soldiers to she claims to be the executrix of the point that there was not suf- refugees have already returned to Fukion to help in the anti-Red cam the omission. Surely if the report the last will of the late Wong Acient evidence to go to the jury, Shanghai.

paiga. At the same time some Taong, alias Wong Tak-ching, alias The Full Court then held that the

Canton troops was sent up the West The League of Nations inquiry River to join the local forces deal- Wong Kartung, late of Lin Yusagesse had been property, put before commission arrived here the daring with bandits in the north-west village, Wo Wan To. Ching Hoi the jury and decided that the con-hefore Easter, and were accorded} District, Kwangtung and of Hong 'Kong, who died on September 23

1991. She claims that the will was)

or, about September 13, made on 1991.

viations must stand.

Application by Dalence, When Mr. Justics Wood mounted the Bench yesterday, Mr. Fitzroy She asks the Court to decrse prunid that before his Lordship passed bate of the will.

sentence he would like to say he In his deferee first defendant considored the case one in which a denies that plaintiff's will is a willpetition should go to the Privy of deceased and also denies that the Come, and after sentences had will was either made or acknossen pronounced, he would ask ledged or authenticated according Lordship to arrest the sentences to Chinese laws pr usager alle util the Privy Council's decision od by plaintiff so as to be effectu- al for the transmission of property according to inch laws or usages..

Defence Contentions.

Defendant

Iwas made known.

it

mor

part of the province.

an enthusiastic welcome. Strung

New Feat Office. right across the principal streets) were large white banners some in

There is one offles in Wusher English and Chinese, others French and Chinese, German and Post Office

that does very good business-the

italian, all expressing, some

The old building was politely than others, the earnest work transacted and a new strue- not big enough for the amount of hope that the League would be imture of adequate size is being buil partial and honest in their outlook.nt Tai Tung Read near the Chinese himself, but Dr. Schnee, represent Womack is the architect and is Lord Lytton did not come, bere Maritime Customs Offices. Mr. ing Germany; General Claudel, supervising the work of construc- presenting France; and General Motion. It is expected that the job Coy. representing the U.S.A. came will be finished in two months' with their secretaries. On the day

time, of their arrival the Mayor gave a

His Lordship: Do you base your application on any legal provision ↑

Mr. Fitzroy Yea, on the ques-garden party in the afternoon by the

counter-clains and tien that the evidence is not such

I wonder who is responsible for

hoard is correct it is most in- teresting to all local bowlers.

concrete news,-Yours, etc.,

Thanking you for any further

CURIOUS.

[Our correspondout is quite cor- pect. The possible (8) was scored by C. H. Basto's rink against J. P. Robinson's in the K.0.C.-Recroio junior game last Saturday.-ED. H.K.D.P.J

CHINESE ON SERIOUS

CHARGE.

ALLEGED ASSAULT. ON

PORTUGUESE LADY,

Miss Edith Soares, a member of L well-known Joen] Portuguese family, appeared as complainant

West Lake to which he invited PARTNERSHIP CASE. in a ense in which a charge of

several members of the foreign

His Lordship: What power have community. In the evening, Generti to rest sentence ?

says the if plaintiff's will we an made or acknowledged or authen. ticated, it was revoked by the sub

Mr. Fitzroy: It is not much good sequent true will (defendant's).. which was made by decenset on going to the Privy Council after the September 13, 1921. His will, hemen are hanged. declares, as to form, is equally valid

His Lordship: What power have with the alleged will propounded 17 Can you show me any power! by plaintiff and, being subsequent } Mr. Fitzroy I don't know, my in point of time, it revoked or was

Lord, that there is anything

intended to revoke her will.'

Defendant claims (1) that the Court shall pronounce against tie

Judge's Powera,

His Lordship: It may, well be

La Ti Ping, Chairman of the Provin

13

#

AFFAIRS OF A FIRM IN AMOY

indecency was brought against a young Chinese,

Mr. FX. D'Alnada, jr., Pro- Recuted on behalf of the complain- ant while the defence was in the

cial Government, gave a dinner in their honour, but was himself up- able to be present on account of £lness. General McCoy seemed to JUDGMENT FOR DEFENDANT. hands of Mr. Hin Shing Lo.

have a very sympathetic understand ing of the situation in the Fir East.

Visit of Dean of Canterbury.

Dr. Hewlett Johnson, the Dean of

Simpson, of the National Flood Re

Outlining the case, Mr. D'Almada Enid that the complainant was walk Judyment was delivered by the ing along Peder Street (near the Chief Justice (Sir Joseph Kemp) Blue Bird Cafe) in company with in the Supreme Court yesterday in Mr. F. S. Holcroft, on the after- a partnership action concerning an

zoon of May 18, when she felt

sittings during March.

round and struck the mam with her There were three plaintiffs, Hung handbag and he instantly took to visits to Hangehow and given in Hung Yu-fai, alina Hung Shav-and caught the man in Des Vœux Mr. Fitzroy:1 think it is quitàteresting and instructive addressching, all of No. 4, Ei Kon Lago, Amoy, who sued a brother, Hung

alleged will propounded by plain that His Excellency may defer Canterbury, and Sir John Eopa Amey firm, which occupied longy someone touch her. She turned

tiff, and (2) that the Court shall carrying any sentence-into execu-

decree probate in solemn form oftion, but what power have I to ur-lef Commiasien, have recently paid Yuk-sau, Hung "King-cheong and his heels. Mr. Folcroft' gave chase

the subsequent will of which he is rest sentence ! executor according to the tenor, Both partias put each other strict proof that the wills are valid in accordance with Section Two of the Chinese Wills Validation Of. dinanes of 1968 or otherwise.

.:

Before the Rotary Chib.

Last

I think your Saturday members of the Shanghai Hin (or Houa)-ching, No. 12, Lung

probalile that he will do so.

His Lordship: remedy is elsewhere.

Mr. Fitzroy: That may be so, my Lord,

Mr. H., Sheldon, instructed by Mr. Mossop; is for the plaintif while Mr. F. C. Jenkin, KIC), ia structed by Mr. F. X. D'Alinda, senior, is for Arst defendant. Mr. cord of proceedings. OE.C. Marton is watching the case

Mr. Fitzroy added that he took it that when his Lordship's report was Bond in, what he (Mr. Fitzroy) had said would go is as part of the re-

His Lordship agreed.

Roud.

In the witness-box, Miss Soarer

Rotary Club, staying in Hang Tau Street, Kulangsu, Amoy, anid that she had been molested by

elow, entertained the Hangehov Rotarians and their friends to dinner at the Lakeview Hotel.

respect of an alleged partnership.

Mr. H. G. Sheldon, together with Mr. Leo D'Almadin, junior,

One night thirty or forty soldiers:

structed by Messrs. Woo and Nash, who had been discharged from one

was for plaintiffs, while Mr. Eldon of the other hospitals decided to

Potter, K.C., together with Mr. F. come to the CM.S. Hospital as ut- invited guests rather than rejoin C. Jenkin, K.O., instructed by their regimenta Their behaviour Messrs. Russ and Company, was outside the Incked gates was like for the defendant. that of an infuriated-moh, and they kept this up for about an hour, Addressing prisoners, after donnaing the hospital signboards und that they were co-partners with the Giving evidence, plaintiff signing the black cap, bis Lordship anything elas they could find with defendant if the Kai Sui firm and, said:" You have been convicted, winch to try and knock down the

on behalf of the minor defendant.

Seleguarding the Will.

"that about ten days after the death

of her husband she sent the will to Hong Kong for safe custody, was to be kept by the manager

her late husband's firm.

Witness said that the firse deten dant was not a natural son of test tor but an adopted son.. During the past, eleven years she had had converantions with the first defen dant about family matters and had

advised him not to spend too much money. First defendant had not mentioned to her that he held a will from testator appointing him to manage the estate.

In noswer to Mr. Jenkin, witness said that ale considered the will as a very important document as

Sentence Passed.

.

Plaintiffs asked for a declaration

this person a number of times, the Året ocension being some nine months ago. After evidence had been given by Mr. Holcroft and

Mr. B. A. Proulx, Mr. Lo submit/ ted that, indecency had not been proved.

After some discussion, the Magis- trate decided to adjourn, the ense until noon to-day,

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Oddments

NEW D:B.S. HEAD.

889,487.08 which was held by the MR. SARGENT ARRIVING NEXT -

to

WEEK.

on the 23rd of this month, of gates, but they were successful in among other relief, asked for an murder. Since your conviction the their attempts and dispersed when order for disposal of a sum of evidence has been further consider in armed guard approached.

ed by the Full Court. The decision The visitors over Easter were

of the Full Court is that the verdict fewer than usual: this is largely Court. This sum represented a de of the jury shall be allowed to due to the railway still not being posit with the Eat Kes firm in Hong stand. I myself, presided as the able to run trains through to the Kong of funds belonging to trial, and I was also present at the North Station in Shanghai. Hov-Kai Bui frm in Apoy. Full Court hearing

In my view, the verdict is the correct verdict and I agree with it. It is my duty, now, to pass upon

ever, we are, told that, in a few weeks time that part of the linej will be operating as formerly.

The automatic telephone system

satisfaction.

Partnership Issue.

the

In giving judgment, his Lordship

to both the sentence required by hat facto installed and is giving hold that the plaintiffs and defen

انا

The prisoners heard tas sentences without showing uny signs of emo-

י

tion and calmly left, the dock at JAPANESE TRAINING

the bidding of the warders.

Prisoners were found guilty of

#

the murder of Tenng Tai Kai son of Shaakiwan merchant. it was alleged by the Crown that the victim WŁA decoyod to the Peak on the afternoon of February 18 and murdered there, i Cheung Man, another accused, was

SHIP.

'ARRIVAL IN HONG KONG TO-MORROW.

dant were partners in the Kai Sui firm and that the latter was not branch of the Kai Sui firm but a separate frm consisting of the same partners.

Mr. C. B. R. Birgent, the new hoadmaster of the Diocesin Boys' School, is amongst the passengers

who are expected to arrive in the Colony by the N.Y.K. 8.5. Haruna

Maru on June 9. Mr. Sargent'a ap pointment to the post followed the resignation of the Rev. W. T. Fen- therstone who, for many years, was

head of that institution.

The Rev. H. D. Pyner, the Acting After referring to the accounts of the firm, his Lordship said that he Headmaster, has not been well for could not (1) mako the declaration the past few days but his large! asked for, that the plaintiffs and circle of friends will be glad to defendant were co-partners in the learn that he is progressing favour-

ably. sentenced to death at the time the Hong Kong in to receive a visit Kai Sui Firm, or (2) make any de Mr. Jenkin: You saw Mr. Mossentence on the other two prisoners from a Japanese training ship reclaration or give any relief with sop-daily-from-May 20 and it was a deferred pending the Fall burning from a tour of the South regard to the $100,000 formerly in that case, and, if so, and if the

Court discussion. A fourth man, Cheung In Walt, who pleaded guilty, Seas to Tokyo.

She is the Kai Oh Maru, a salthe, Bank of Taiwan, or (3) order

it gave her sole authority to man ago the estate,

not until June 5 that you mention-

ed there was a will.

Witness: X did not know

the

laws of Hong Kong.

Mr. Jonkin suggested that witness had forgotten all about the docu- inont. Witness denied this and also suggestion that when the contest started between her and the eldest son, the latter offered to int her

have lettera of administration. ab solutely unhampered by him

Further bearing was, adjourned until this morning.

ten charge of murder, but was ́ne-

Morize

Money Held by Court,

present plaintiffs' intervene in that Diesel auxillary partnership accounts: ing vessel with

action, they may be able to have quitted after trial, was subsequently pagine, of 2,283 tons. Commended

the judgment set aside. It is also sentenced to life imprisonment in by Captain Myyamoto, she carries

conceivable that, even if that judg connection with delivery of letters 73

ment Japanese Merchant

is not

the set aside, demanding masom money from the endeta, 13 officers and a crew of His Lordship Continued:-There'plaintiff (Hung Hiu-ching) will, relatives of the deceased youth.

remains the question as to whether owing to the circumstances in which She left Tokyo on April 9 and I can give the plaintiffs any relief he obtained the judgment, be allow has been cruising in the South with regard to the sum of 860,487.08 ed to take the money out only upon Sens-and-will arrive in the Colony which in sanding in Court to the terms. But those aro matters to-morrow for ru stay of eight days, credit of O.J. action No, 237 which, I think, oan be determined leaving for Tokyo on June 8. of 1930, I think not I do only in that action..

1::D CERTIFICATES,,

خشم ...

AL

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$5.50.

$12.50

Ladies Salon

Of the Societe. Internationale de Placements, Basie. (Local agents cadets will be conducted on sight that action, but it does seem at judgment for the defendant. Monara, Gotke & Co.).

secing tours of Hong Kong and lenat possible that there was an The question of costs then arose, Monday's official quotation in Kowloon; it is understood that no abuse of the process of the Court but discussion of this matter was, Buale.-29 8. Od.

I visits to Canton are contemplated. (Continued at foot of nest eplumn.) loft to a later date.

Whilst the vessel is in port the not want to say too much about The result is that there will be LANE CRAWFORD, LTD..