1936-02-22 — Page 6

HONG KONG DAILY PRESS, SATURDAY, FEBRUARY 22, 1936.

FRAUDULENT

CONVERSION

WINDING UP PETITION

No Case To Answer Judgment Reserved

The fraudulent conversion case

in which the sum of nearly $10.000 was involved came to an end yes terday at the Centra Magistracy. weten wat had our ruled that the

defendant had no case to answer.

The accused was a 61-year-old- man, named Chung Shing Hang. allas Chung Ping and was charged with frandulent conversion of

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Chung Shing Kl. of No. 8 Sharp Street East, third noor described as a retired merchant. The alleg

ec converstor was stated to have taken place between 1927 and 1933, Mr. Leo D'Almada. Snr.. appear ed for the complainant, wälle Mr.

E S. C. Brooks was for the de- fendant,

The complainant concluded his evidence in which he stated that

he

The winding up petition was con eluted before Mr. Justice H.E. Lindsail in the Supreme Court yesterday, when judgment was reservedl

The petition was presented by Odharmal Girdharimal, one of the four partners of the firm of 0. K. Gidunial and Wutumuil, L., on the grounds of inability to agree with bis partners

Mr. Eldon Rotter, K., and Mr. Leo d'Almada, jnr, instructed by Mr. M. A. da Silva, appeared for the pet tioner, Mr. H. G. Sheidon, K.C., in- structed by Mr. 31. 3. Watson, of Messrs. Johnson, Stokes and Mastor, was for the other three partners who opposed the petition.

MISSING RIFLES

Return Ordered

Appearing on reruand, at the Kow- loon Magistracy yesterday before Mr. Macfadyen, Chan Lin-hei (6), master of a junk, was bound over in the sum of $100 to come up for judgment in one year. The charge was that he did steal four Winchester rifles from Cheng Tak (60), master of another junk on February 20 last year, found

Defendant alleged that he the guns on board an abandoned junk and because he needed money he had

sold them.

Detective Sergeant Riddell stated that he understood that the original owner of the guns had engaged solicitor, Mr. Zimmern, who was to have been present to ask for their retur: Zimmern appeared in Court at the end of the proceedings.

In binding defendant over, his Worship stated that it was probable curder of the Kuns must have thought that defendant thought that the they had been lost in the wreck, and was tempted.

An order was made for the return

Around the Courts

RETURNING EVIL FOR GOOD [.

103,

Kwan Kwan, aged 20, unemployed, appeared before Mr. Halfour at the Central Magistracy yesterday on a charge of larceny of 87 from the person of Has Sun-choi, a dispenser. Detee tive-Sergeant T. Casbian stated that tiefendant visited complainant at No. in Wink Lok Set and asked for

of his bed for a few Complainant complied and went out, hat after his return, found 37 missing from his coat pocket. He searched for defendant and found him in a mah jongg school in Wanchini. arrested defendant had $4.40, part of complainant's money on him. tence of three weeks hard labour was imposed, and an order made for $7 restitution to be made to complainant.

TABLE FAN

When

Sen-

Charged with the theft of a table fan valued at $12, an unemployed sentenced to three weeks' hand labour man, Ho Siu-len, aged 21, was

"Mr. Fotter yesterday submitted that though bis client would sustain a loss if the petition was granted it was nevertheless necessary because conditions were such that he could not carry on. The accusation of the other partners that the petitioner was des irous of wrecking the business was

236, United unfounded,, because he had tried every effort to come to a conciliation in suggesting that they should submit to arbitration or that the others should buy him out but the sugges tions were unheeded.

had resided in the States after retiring from business in Hong Kong. He handed a large sum of money to the defendant, with directions that he should pur-

chase No. & Sharp Street East. The house was bought and the defen- dant was authorised to collect the rent and to pay the "out goings." He was to deposit the money re- ceived in the International Bank- ing Corporation, now the National City Bank, but the defendant fail- ed to comply with these instruc- tions. Following witness' return to the Colony. it was discovered from a statement prepared by the ac- cused that the $9.000 odd, which constituted the present charge, had not been accounted for.

NO CASE TO ANSWER Mr. Brooks addressing the Bench said that his client had no case to answer, on several grounds. The case he contended should never have been brought into the court. It was probably a claim for the return of some money" due to the complainant. There was no evid- ence that the defendant had made

for his own use,

ME. Wutumull, counsel submitted, had broken faith when he established ar competing business in Yokohama and this with the consent of the other the petition. The state of animosity was alone ground for the granting of between the partners was such that no reconciliation was possible and on these grounds the petition should be granted.

Judgment was reserved by Lordship.

His

of the guns to the original owner, and defendant was ordered to pay 8100 amends to Cheng Kam-kee, ar, in default, serve one month's hard labour,

NOTABLE SCOTS SCHOLAR

P.E.N,. Honours Professor Grierson

London, Jan, 20. Emeritus-Professor, H. J. C Grierson was the guest of honour at a dinner-reception in the North British Station Hotel, Edinburgh, on Saturday night. The function was given by the Scottish P.EN.

he

Mr. Balfour. at the Central

wheu yesterday, Magistracy admitted the offence. The complain Central. Des Voeux Road ant was Lee Kwok-choi, clerk, of No. Detectivo Sergeant Cashman pro- secuted.

PO PIU TICKETS ** A 45-year-old widow, Luk So, ap- peared before Mr. Balfour at the Central Magistracy yesterday charged with the possession of 380 "po-piu lottery tickets at Des Voeux Rom" Central. A tae of 360, or one month's hard labour, was imposed, and an order made for the destruction of the Sub-Inspector L. Tyler tickets. prosecuted."

A

What was the mark of the true aristocrat? He was man who was at home anywhere, as Profes-

AR SUMMONS On a plaint by Me. Grant Assistant fuperintendent of Police, Chan Pin driver of lorry No. 4458, appeared fore Mr. W. Schofield, at the Centri Magistracy yesterday ön a summer for driving without due care and dution in Main Strest, Shau- Iciwan, ondebruary It was stated by

Trate Inspector" Alexarile that Mr. Grant was driving along Min Street when defendant drove hisforry out of side Inne right

front Mr. Grant's car. A collision was just averted by Mr. Grant apply- ing his Bikes

Defendant ilmittel the summons, and was fined 920, in default three weeks' hird labour.

է

BANISHEE

Pleading guilty to a breach of a de- portation order dated July 22, 1939, by the Cobny for ten years, Hung Kiu, which no had been banished from 31, unemployed, was sentenced to 12 month's hard labour by Mr. Macfadyen Defendant pleaded that he "just came at the owloon Magistracy yesterday. back with friends to make some pur- chasca" He admitted a previous con- viction for the same offence. Detec- tive-Sergeant J. Headridge prosecuted.

LOTTERER

When charge with loitering in the backyard of No. 468 Castle Peak Road on Thursday night, Li Luk, 36, unem played, told Mr. Macfadyen at the Kowloon Magistracy yesterday that he went in to shelter from the rain and wind. He was bound over in the sum of 915 to come up for judgment within one year. Inspector Ellis stated that the premises were those of Hoy factory. Defendant was seen in the enclosed yard about 11 p.m. and was Banished from the Colony, on arrested.

OFFICE MATES IN in recognition of Professor Grier-sor Grierson was in literature February 1 this year for period of

COMBAT

*

Govt. Employees Involved

Leung Ting-fong (25) a clerk appear ed before Mr. W. Schofield yesterday at the Central Magistracy on a charge

Chi-tin. Defendant admitted the

son's services to F.S.N. and to mark philosophy, and history.

Mr. John Purvis and Miss Nan his retirement from the Chair of Shepherd. vice-president of the English Literature at Edinburgh Aberdeen section of PE.N., refer

University.

Mr. J. Liddell Geddie presided. and the coast of "Our "Guest", was proposed by Mr. William Power.

"Professor Grierson has had a great deal to do with the revival of creative writing in Scotland," said

red to Professor Grierson's con- nection with Aberdeen University. and Dr. George Kitchen, Edin burgh, and Dr. J. W. Oliver, Edin- burgh, also spoke.

PLEA FOR AUTHORS “MAKING THEIR WAY"

Mr. Power. "It is a revival' which Professor Grierson, in his reply, a fraudulent conversion of any sum of having assaulted a fellow clerk, Lertainly has taken place in Scot-spoke in reminiscent vien of the tish letters during the last 20 beginnings of his career and of the years. It is more than a resur "strokes of luck" which had bene- gence of national feeling-it is an fited him. Those had had a bear- expression of a passion for litera-ing on his work on Dutch and ture."

Mr. D'Almada contended that his client had conclusively proved the

charge.

After some deliberation the Ma- gistrate said that he agreed with the defence that there was no case to answer, and accordingly Mr. D'Al- discharged the accused. mada asked that the exhibits be

retained in case 01 an appeal against the decision.

charge.

11 W

Detective Sergeant Fitches stated that both men were employed in the Wanchai Government Statistical Offico

English literature and his studles and the quarrel arose from the fact

Professor Grierson had been one in Donné. that Li Chi tin irritated the defendant with his incessant singing in the of the men who encouraged and Complainant had asked the inspired Scottish writers. He had Office. defendant to shut up and this led to made them aware of Europe and words which ended in their meeting Europe aware of Scotland through in Fleming Head after office where

the international nature of his they fought

Defendant alleged that the complainant drew a knife outlook.

and in trying to prevent harm com- plainant was cut un the forearm.

ASSAULT CHARGE very intimen ere,

Accused Against Remanded

1:

Appearing on remand before Mr. Macfarlyen at the Kowloon Magistracy yesterday four Northern Chinese, So Ping-san (32), Keung Hoi ham (25), Cheung Chiu (34) and Kwok Kat fut (28), were charged with having ng saulted Wong Yuu-cheung a car pain. ter, they were again remanded as the complainant is still in hospital as a result of the injuries received during the assault.

Detective-Inspector E. H. Elston prosecuted and outlined the case as follows

"He said that the alleged assault took place at the Nathan Hotel Kow- loon, on the morning of January 27 last. There were number of Northern Chinese there that night and there was gambling geing on Several quarrels took place and at about midnight a general fight. followed and as a result of the police intervening several med were taken into custody. The complainant was found to injured and said that he was assaulted by the defendants.

Kissin' Singh B427 in evidence and that he was on daty on the morning of January 5 and of about 19.46 am. white he was passing

the Nathan Hotel Kowloon, he a row going on upstairs. He went upstairs and there he saw the defendants fighting. With the assistance of B. 720 he managed to arrest the defendants and took them to the station.

EYE WITNESS

Ching Kung Sung, tailor, an eye witness of the assault, said that he' had engaged a room at the Nathan Hotel and on the night in question he was having a game of mabjong with complainant and two others. Shortly after midnight, when the game was over, first defendant came into the room with another Shanghai man and

affair through Mr. Lewis, senior clerk, when he (Mr. Lewis) received a letter from the complainant stating that be had been wounded in a fight by the defendant. Mr. Lewis, informed the police.

Sergeant Fitches suggested that hoth men should be found over as they were Government employees.

Mr. Schofield bound over both de fenciant and complainant in bonds of i 100 each to keep the pence for one enz.

NO TICKET

Atterupt To Defraud

For attempting to defraud the Kow. loon Motor Bus Company when he did not pay his fare when on board Bus No. 601, Chan Wai:sang appeared before Mr. Macfadyen yesterday at the Kowloon Magistracy and was fined $10.

Defendant stated that he had offered the fare to the conductor but it had been refused.

Inspector Chester Woods stated that the defendant Hind boarded the bus at the Star Ferry and when asked by the conductor whether he had a ticket he answered "yes". An Inspector boarded the hus and then the defendant produced a Star Ferry monthly ticket.

being told that the ticket was valueless on the bus the defendant had paid the fare of 20 cents.

Defendant then stated that the conductor on the bus "had not much experience." He only asked defendant if he had a ticket. If he had asked for a bus ticket he (defendant) would have told him he did not have one.

That's all nonsense," remarked his Worship and imposed a fine.

THREE MEN CONVICTED

Thefts Admitted

Three men, Lee Taun-shing (20), Loe suggested a game of Fai Kap. They Chan-shing (29), and Chan Tze (36), played and during this game com- plainant accused the first defendant of appeared before Mr. Macfadyen at cheating, and arose from the table and the Kowloon Magistracy yesterday wanted to leave. Defendant would charged with the theft of 12 pieces not let him go and so they quarrelled of clothing, a box and abundle of for a few minutes.

Suddenly the second and third de fendants came into the room followed by 10 others. Witness did not see the fourth defendant in the crowd.

Dr. J. V. A. Griffiths, Medical Offer, Kowloon Hospital gave evid- ence to the effect that he had examined the complainant and found both ex. ternal and internal injuries..

He said that complainant is still in hospital and would not be able to leave for at least another week.

At this stage the case was remanded till 10 a.m. on February 28."

documents.

The first aconsed admitted a previous conviction and the present charge and was sentenced to four months hard labour. The other two were sentenced to three months' hard labour each..

Detective Inspector A. H. Miston statel, that the complainant, Pu Wing was living in a hut at Cheung. Sha Wan and on the night of January 22, about 9p.in, the defendants enter ed the hut and stole the clothing, and the box which contained the docu- menta, was later found to be missing,

also.

dissociate

Commending the aims of PEN.; he deplored the tendency of bet- ter-known writers to themselves from authors who were "making their way" he would not call them minor authors.

One

"We hope." concluded Mr. Power, could never be sure who were the "that" Professor Orlerson's 'free-minur authors. Webster had de- "happy. Master

dom' will result in an addition to scribed Shakespeare as the number of his works."

copious, and industrious "ARISTOCRAT OF LETTERS" Shakespeare." (Laughter.)

Professor Grierson Concluding, Among others who spoke were Emeritus Professor W. Macnelle said the had been reading a lecture described by his successor at Edinburgh, Dixon, Glasgow who Professor Grierson as "the most Professor J. Dover Wilson, which massive intelligence in Scotland gave every promise of their coming of our day." It had been said he te "Tresh woods and was an aristocrat of letters."

new."

pastures

10 years, Lau Hing, aged 13, returned, and was charged with the offence before Mr. Balfour at the Central Magistracy yesterday He received niue montha hard labour. Detective Sergeant Allen prosecuted.

EXTRADITION PROCEEDINGS

The four alleged fugitives who are being held on charges of implication in the assassination attempt on the life of Wang Ching Wei, made a further appearance before Mr. W. Schofield at the Central Magistracy yesterday and were remanded for another week. Mr. D. L. Strellet who is conducting the extrality proceedings for the prosecu tinn did not make an appearance in court, as yesterday's appearance of the alleged fugitives was merely formal.

The assassination attempt was alleg ed to have been made against Wang Thing Wei, President of the Executive Cuan on March 1, last in Nanking.

ASSAULT CASE FAILS Two elderly men. Tsang Kam shing, aged 41 years, and Lam Kat aged 60 years, who appeared be- fore Mr. W. Schofield, at the Cen- tral Magistracy yesterday charged with having assaulted Lo Po. a coolle employed at the Tytam Pumping Station, at Island Road discharged or January 11, were because of lack of evidence.

Sergeant W. S. Dall. of the Stanley Police Station, prosecuted. while Mr. Hin-shing Lo. Instructed by Mr. J. M. Hall, appeared for. Lam Kat.

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