1933-08-26 — Page 7

HONG KONG DAILY PRESS, SATURDAY, AUGUST 26, 1933.

Judgment Against Messrs. CURIOUS CASE AT OLD FISHERMAN'S

Gilmans

For Debt Owing By The Sun Taxicab

JUDGE'S VIEW ON TRANSFER OF

BUSINESS

The Claim against Messrs. Gilman & Company for $900 in respect of debts of the Sun Taxicab Company ended yesterday when Mr. Justice Lindsell delivered judgment. against Messrs. Gilman & Company.

The plaintiff in the case 'was represented by Mr. F. C. E. Rendall of Messrs. Russ & Company and the defen- dants by Mr. E. Davidson of Messrs. Hastings & Co.

THE JUDGMENT In giving judgment the Pulsne

Judge said in part:-

company might expect payment of the sums due to them. dant's replied that for the present Defen- they accepted no liability..

The result of that repudiation of Lability is the present action. in which the plaintiff claims the return of his deposit of $900, from the defendants as transferee. The plaintiff relies on the Fraudulent

“CENTRAL'

"Ringing The Changes" Alleged

MAGISTRATE PUZZLED

DEATH

HOW SILK IS MADE

Tragic End To Trivial Interesting Exhibition

Quarrel

MATE SENT FOR TRIAL

In Sincere's

Among the most interesting exhibits shown in the "Maidens' Festival Exhibition on the

Ltd., is a collection of silk worme and the products from elementary stages of the silk industry. The

"The case in which Lo Lung. R day, Stanislav Kaminsky, aged 10, with the mansinughter of Tsang Polish subject, was charged with Kiu, another fisherman at Tong P obtaining money by larceny by Cheung, Middle Island, on Aug. 7,

The defendant was alleged

At Central Police Court yester fisherman at Aberdeen was charged / Roof Garden of the Sincere Co.,

trick.

to have obtained $75 and 880 from cane before Mr. Schofield at Ce silk worm is shown merging from

together with the deceased and two other men ware fishermen living on

the Middl Istand It was

their

its chrysalis state through the reaches its final stage and with various stages of "its life until it its life work finished becomes a

moth, leaving behind eggs which will eventually become silkworms. after their day's work. custom to sleep in a shrine there The various stages of manufac-

F. Chan & Company of Gilman

tral Magistracy yesterday. Street and the Bnp Wo Loong Attorney General,

Mr. J. A. Fraser, the Assistant shop, Tit Hong Lane respectively said that the circumstances of the prosecuting, by a method commonly known as "ringing the changes."

case were as follows:--The necused, After hearing evidence by the complainants to the effects that the money apparently disappeared in Wynne Jones) discharged the de their presence, His Worship (Mr.

alleged trick actually been fendant, remarking that had the elever, he would like to see a monstration of it if possible! for the defendant.

Mr. T.. P. K. Keinble appeared

Ai To, the accountant of the

80-

with twelve taxicabs for which the Transfer of. Businesses Ordinance. Fehan & Company testified that on been struck by the accused whe ha that silk could be woven from the

The facts in the case proved or admitted are shortly as follows: In June 1932, Messrs. Gilman and Company entered into a hire pur- chase agreement with the Sun Taxi Company" to supply

them latter undertook to pay by month- ly instalments of $2,000. The prin- cipal partners in the taxi company were Lam Si Ping and Au Yeung Shing, and the firm was granted the exclusive use. under Permit issued by the I.G.P. of certain taxi stands in the central district.

By the end of the year the Arm was financially embarrassed and In arrears with their Instalments. but at the beginning of this year they obtained $4,900 of which $900 was advanced by the present plin. tift to help pay off their debts.

takings. Further on January 24 Gilman and Company re-took pos- session of the taxis..

conference.

that the

+

1923.

ture of the silk itself is also de- On the night of the 7th the other picted, also the process which it.. two men went to bed after their has to undergo before actual evening meal, deceased and accused de-

remaining outside. About mid-weaving can take place. of "Save life," They rushed night they were awakened by cries

The silk industry in China was and found the deceased in a dying the Erapress Lui Cho discovered. out started over 500 years ago when condition He said that, ne" had submitted that no "transfer" has dust, together with another Euro said that a disagreement arose be cling to mulberry trees. From For the defendants it has been the morning of July 18 the defen then fled away to the hills. He products of the worms which been shown to have occurred. On Dean came into the shop and said tween him and the defendant over that dute mulberry trees and the this point. I hold (though with he wanted to buy some mushrooms, the quality of the congee they were silkworms have been largely cul- some doubt that there was effect- As witness could not understand eating. ed on January 24, a transter of a English, he called his foki, and portion of the Sun Taxi Company's from him he learned that the de- admitted anving struck the decis amongst the finest in the

When reused was arrested he

tivated in China and Chinese silk business to defendants.

fendant had ordered four cases of ed. He said that they had quarell world. mushrooms at the cost of $107 enched over the food they were eating, -88 in all.

he had struck the dead man. and a short struggle followed and

malaria and had

The deceased was suffering from

caused death, spleen and a blow in that region enlarged

Constitution Of A Transfer

assumed

Messrs.

Au

271

in charge of mortuary, said he was Dr. R. S. Beghis, medical officer

body of Tsang Kiu, alias Woo Liu. on duty there on the 9th when the was identifisil by two Chinese in Fender. the presence of

"Sub-Inspector

acute

are making efforts to celebrate The Kwangtung Government this festival to commemorate the

lished one of the most romantic discovery of silk which has estab-

but important industry in the history of the world..

WELL-KNOWN “

JOCKEY

mainrin. It weighed about 184 02. Wanted By The Police

It is contended for the defen- The defendant said he would pay dants that to constitute a trans-925 deposit and accordingly tender- fer as contemplated by the Ordin-ed a $100 bill. in retura for which On January 21, the instalment transferor and also a handing over defendant took the change, but after ance there must be a voluntary witness handled e elange. The for the month being still unpaid,

of some of the defendants by letter cancelled the rights

properties and counting it (in used in

the presence of the hire-purchase agreement and sent whereas in this case conduct of bill.

business, witness) he said he wanted a $50 down a clerk to safeguard cash the taxi company's business was at the time. he ordered a foki to

August 30. Those who have not As witness had no such note

The exhibition Roof Garden" will continue until at "Sincere's without assignment of take the $100 note to be changed. consent on its behalf.

It seems to me however, that dang's companion intervened, say- At this stage, however, the defen- The same afternoon, Lam Sin both these elements were in fact ing that he had $30 notes. The

Fet paid a visit to it should not .Ping attended at Messrs. Glimans

present in this transaction.

ail to do so. In addition to the Al-defendant than took back the $100 premises when the position of the though Lam Slu Ping has deposed note and suggested that he should body in which decomposition had depicted in paper and bamboo, He made an examination of the usual pageantry of the fairy tale firm was discussed. Au Yeung that

that he himself was not willing pay the whole sum when he return commenced. There were no marks Shing and Mr. Stewart, the man- should take over his business and of the goods,

Gilman and ager of Messrs. Gillman's motor minor assets, he evidently acquise-

Coed 10 minutes Inter to take delivery of external violence detected but department also took part in need in their action and took no paign had left, witness checked the three on each of the front of the there were irritation marks one on After the defendant and his cam each side of the neck in front and After considerable discussion Mr. Stewart, proposed in steps whatever to challenge its money in his shop and found that top of the chest. He found exten- the interest of both parties to the Shing is shown to have helped in sent several Tokis out to look for being ruptured. That organ was

legality. Moreover, agreement

Yeung were missing. He immediately alve internal injuries the spleen company should attempt to

defendant the conduct of the business under the defendant but they failed to enlarged mainly owing to

dis- pose of all the taxis and after both Lam and Au joined in sign-

the defendant Company. Again find him deducting from the proceeds. the ing the letter of January 24, to the dant was

The next time he saw the defen sum due to the company, $24.000, under the agreement, any

VI.G.P. asking for the transfer to allowing day when he saw him in on the afternoon" of the balance should be applied, first to

the defendant company of the paying off the firm's trade credi-agree with Mr. Davidson that no Sincere Company, defendant, wha

right to use certain taxi stands.

a ricksha. Together with a foki he tors and secondly to satisfying its legal right was thus transferred

Ifan after him but when near the depositors and shareholders. This but the exclusive use which thee the ricksha colie to turn back proposal was approved by Lam and firm enjoyed of the stands in Near the Vehicular Ferry Wharf, was with another European, order

part of the goodwill of the firm and brought him back to the shop question-an intangible asset and his foki intercepted the defendant was thereby renounced in favour In the meantime, the defendant's of the defendants. defence is that the company by her given by the fuki, His Wor- the A further point urged for the

companion had disappeared.

After corroborative evidence had agents (or in the words of Mr. hauded to the defendaut, how merely ship remarked that as only $72 were Stewart "private receivers") of the could the complainant have lost firm. The answer to this conten- 87%. tion is that if they were agents for the firm, then they were charged on this count.

mere The defendant was accordingly dis accountable to the firm whereas it is clear from correspondence, that they did not so regard themselves: Fallure To Appreciate

Aú.

In furtherance of this project. a letter signed by Lam and au was sent the same day to the LGP. requesting the transfer of

permit to use the taxi-stands from

the name of the Sun Taxi Com- pany to that of Gilman and Co., Arrangements were made also for the transfer of the taxicab licenses from the name of the Sun Taxi Company to the name of Mr Stewart,"

services.

their

action, became

Legal Position.

A Deal in Onions. with.

The next charge was then dealt The complainant, Ip Fan, a accountant of the Hop Wo. Loong shop, said that that on the after

which was twice the, weight of a body was healthy. normal spleen. The rest of the

marks of violence might have been said that it was possible that other

In answer to Mr. Fraser witness BIG LOSS REPORTED BY

decomposition, but it was not likely that distinct marks there but have become asked by

CHINESE. BANK

that the rupture could easily have Hong Kong branch of the Kwang- disappeared altogether. He said Mr. Peter Young, cashier of the A warrant has been issued by

been caused by a slight blow or a tung

would have the local Police for the arrest" of

took a sperimen of blond what did local social and sporting circles

Mr. Fraser I understand you

malignant malaria and I deduced a you find I found parasites of yesterday, as Mr. Peter Young is that deceased had been suffering younger set of the Chinese com- well-known member of the

his death. from acute malaria, at the time of munity. He is a member of the "

Jockey Club and is one of the most promising novice Jockeys in the Colony. 1.

fall

Sadden Tragedy. Cheung Yao, one of the other two usual meal at about 5 p.. on the fishermen, said that they had their day of the tragedy. Nothing had happened during the meal, the men

.

Provincial Bank.. Chater

The news caused a sensation in

Road.

♫

"

Gilman's Take Over The Taxis. From the following day the com- pany took over the whole conduct

It is alleged that funds to a of the firm's business receiving its

the Bank are missing, the figure considerable, amount belonging, to being computed at about $208,000. takings and paying its running ex- penses and making use of its office, has further submitted that even another European

For the defence Mr. Davidson noun of July 10, defendant with being all no goodterns. garages and stands. In so doing, if there was here & transfer" yet shop. He pointed to a heap of and was awakened about midnight post since August 16. He had left It would seem, according to in- they appear to have regarded this transfer was outside the mis-onions, and witness, thinking that came $5 the

formation at the Bank, that Mr. He went to bed between 8 and 9Young has been absent from his themselves as acting as the firm's chief contemplated by the Ordin- he wanted to buy them, put up five by cries of "Save life." He went word that he was going to Canton agents, since they opened a ledger ance, viz, the prevention of fraud, fingers indicating 85 & bag. account in the arm's name and and should therefore be held not

out and saw the deceased & charged $250 per month for agency to be within the provisiorts of the two fingers which witness took as him what was the matter. He relonged.

fow on. personal business and his ab- The defendant in reply put up They also paid of some ordinance: but it is clear that its an order for two bags. The defen plied that he had been struck by the money are alleged to be in Mr. feet away from the shrine. He was sence did not cause the Bank any of the firm's more pressing credi- first and primary object was

in great pain and witness asked concern until it was unduly pro-

tent to recoup themselves, Le. enable the defendants to some ex- as the price for two bags was 810 witness said that the deceased had Young's custody and it was tho

to dant then tenderet a $100 bill, and Lo Lung. In answer to Mr. Fraser

The keys of the safe containing as a running concern was no part give

to witness handed $90 (one 850 hill been sick for eight or nine days but fact which is said to have led to themselves a "preference" and four 810) back to him. of the express agreement reached; over other creditors of the taxi by the parties at the meeting at company and in case of insolvency. that he would like to have notes of turned to work about three or four Police being summoned. Mesara, Gilman's office on January this is a "fraudulent preference" smaller value. Witness then took days prior to his death.

However, the defendant indicated had then felt better and had re investigations, resulting in the 24. Deferidants have since made and within the mischief which it out from his drawer a bunch of efforts to dispose advantageously is the object of the Ordinance to $10 bills and put them on the courant put it to witness that he was

Mr. Young has been cashier of of the taxis. but without success, prevent.

Asked what he had to say, defen the local Bank for a period of I understand they are still run-j

three years, having been appointed ning them in the name of the Sun honest intention to the defendanted and attempted to pick them up

By this finding I impute no dis-out the various back notes he want the dead man.

The defendant then pointed present when, he (defendant) struck to that position by the Head Omce Taxi Company.

company: the difficulty, in which and count them. Witness refused

Witness denied in Canton. Early in February. Lam consult- they placed themselves was due to and getting somewhat impatient, by the other fisherman and evidence. MR. J. A. BARTON TO BE ed Messrs. Russ and Company and their failure to appreciate

Corroborative evidence was given enquired, inter alia, of the defen-legal position. I give judgment not do any business with him, and deceased's brother.

thej told-the-defendant that he would dants, when depositors in the tax for the plaintiff with costs.

of identification was given by the

tors.

*

This taking over of the business

-CHAUFFEUR COMMENDED

"I Wish There Were More

-Like You

A chauffeur who effected; the arrest of a bag anatcher was com- plimented by Mr. Wynne Jones yesterday with the remark that "I wish more people would help in that way."

ter.

this.

handed him back the 3100 bill.

His Worship then committed the After the defendant had left, defendant to the next Sessions. witness found that $30 were miss.

ARMED ROBBERY FRUSTRATED

ing,

Detectives Stop Gang At Ferry Wharf

All the implements necessary for Chinese detectives on four persons an armed robbery were found by who were stopped on the Yaumati The chauffeur while driving along Ferry early in the week, after they in a private cur near Robinson had purchased their tickets to cross Road aaw a Chinese lady (who to, the mainland.

re-

BN

ST. JOHN AMBULANCE BRIGADE

At this stage, his Worship marked that if the money ware stalen from the counter and alleged, the charge-larceny by trick-must be wrong. It was pure Jarceny. The mooty was put on the

The Commissioner has the honour counter by the complainant who to acknowledge with grateful thanks himself handed back the $100 bill and appreciation the Aceipt of the to the defendant.

the defendant was charged, the sum If it had been larceny by trick as taken would have been 890, which was the change, instead of 880. If the defendant had taken 880 from the counter, then it was purs lar The defendant was discharged.

following donations:--

MARRIED

Member Of Legation Staff, & Gentleman Rider

Mr. J. A. Barton of the British Legation staff, attached to the Shanghai Consulate, passed through he will be in service to the Con- Dairen en route to Mukden where sulete-General. September he will return to Shang- At the end of hat where he is to be married on Dctober 4 to Miss Margaret Hartigan, daughter of Commander Hartigan, US. Navy. The wed- ding will be the culmination of a romance begun In Peiping some three years ago. bekk under Mr. Barton's tutelage his Mr. Barton, one of the leading Nancee became a very fine rider gentlemen Jockeys of China, who and won more than one cross rode most of the pontes, for Sir country race tri Peiping. It is Miles Lampson and other mem- understood that after the wedding bers of the British Legation, as

Messrs Dodwell & Co Mr.

Cheung Chung Kiến Mr. Tang Kwan Leung (On

Lok Chuen)

$10.00

950.00

$15,00

I

turned out be, to a school teacher)" Tho articles found on the men ceny. chasing a man. He stopped his were produced in court and consist- car and assisted in arresting theed of a sharpened chopper, a knife, fugitivo, and it was found that the seven lengths of wire and man had snatched the teacher's small pears (presumably to be three pure containing 80, and would stuffed into the mouths of victims), each. The first two defendants Mr. and Mrs. Barton will reside in well as his own, met Miss Hartl have got away but for the chauf feur's action.,

Two of the men were sentenced were unemployed, while the third Mukden where Mr. Barton will began at Felping parties and at hard labour and the remaining two the fourth came under the descrip of Sir Sidney Barton, British were both interested in ponies, and by the Magistrate to six months was described as a street colis and, stationed, Mr. Barton is the son Faomachang race track They were sentenced to three months tion of night soil coolie

Minister to Abyssinia,

(Continued on previous column),

The thief was sentenced to six

months hard labour.

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