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DEATH
Application Held Over For A Fortnight
An application, on behalf of Mrs. Young Ling-shi, for pre- sumption of death of her husband, Young (er Yung) Sing, alias Young (Yung) Wing-chong, alias Yeung Ming, late of 31% City Island Avenue, City Island, New York, in order that she be allow- ed to apply for letters of administration to his estate was made by Mr. George She, who was instructed by Mr. M. W. Lo, before the Chief Justice, Sir Atholl MacGregor, at the Supreme Court yesterday.
In making the petition, Mr. She His Lordship: His wealth con- said that that the application wassisted very largely of deposits and
money by cutting the thoat of a person.
COMMISSION ON SALE OF A HOUSE
CLAIM HEARD
IN COURT
N
an action-arising out of the sale of a house in Kowloon Tong was continued yesterday before the acting Puisne Judge, Mr. Justice. J. Hayden in the Summary Court.
F. W. White, represented by Mr.
being made for letters of admin- it is a very poor "way to get the No. 5, Kent Road, Kowloon Tong. Istration by his client to the estate of her husband, the man's demise may be presumed to have taken place on or since July 8, 1930, the United States of America
On that day in question, Young left New York for. Elizabeth, New Jersey, ostensibly to collect some debis, since when nothing has been heard or seen of him. Investiga- tions had been set afoot, but no- thing was.. known of his where- abouts. Six months after his non- appearance, an advertisement was inserted in a Chinese newspaper in New York, this also had no et fect.
THE POSSIBILITIES Counsel then quoted authorities to show that the application coula be granted although only six years
Mr. She: I assume that those who played foul on him didn't
know of that.
His Lordship: But I still think that's report should have been ob- tained from the Police, to show that enquiries had been made by them.
Mr. She: I think your Lordship must assume it to be so because it the police found anything they would have communicated that
The act.
reason why a report was not obtained from the police was because my client did not know she could apply for letters of administration to the estate. It was only a short time ago that abe was advised she could do so. I
Anything above
A. el Arculi, is claiming the re- turn of a sum of $110 from Gor- don States, represented by Mr. M. A da Silva, which aum, the plaintiff, claims, is dug to him in respect of commission on the sale
Defendant denies the indebtedness.
Defendant stated yesterday that, he had been bothered by the plaintiff to such an extent that he had told him that he (defendant) would accept $12,000 for the house, well knowing that the market at that time would not bring more than that sum. this sum was for the plaintifE.
It came as a surprise that when be answered the advertisement in the newspaper, he found that the advertiser was the same man as plaintur had introduced ag a potential buyer previously, but who had considered the price of $15,- ord too
high. The house WES through this advertisement, sold for the sum of $11,000
Defendant dented ever having arranged the sale on a commission the plaint that he could keep whatever he could get above the siated $12,000...
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MORE EVIDENCE TAKEN
In Extrudition Case.
extradition proceedings against Yu Lap-fut, alias Li Chi- Northern authorities were again on, allas Li Shek-yu, wanted by the
beard before Mr. W. Schofield at the Central Magistracy yesterday, when further evidence for the pro
secution was called.
had elapsed, provided reasonable your Lordship feels you are nos basis of 1 per cent. He had told Lempt to murder Chung Teʊ Man,
presumption could be established.
Continuing, Mr. She said that in the affirmation of one Leung Ting- mal, a dentist friend of Young, there appeared the clause “would return the same day." In other words, Young had told, his friend a week before his disappearance "would leave for Mizabeth that he
to collect some debts and would return the same day. This, there- fore, indicated, Young's desire to return as soon as he had collected the debts and not to desert his
satised, I am quite prepared to accept any direction you may see At to impose.
His
FURTHER AFFIDAVIT
NECESSARY
Lordship: I am very re- luctant indeed, to give any direc- tions, because it would incur heavy expenses but I would like to have a further affidavit to show whe- ther in fact there were debtors in
Elizabeth, and whether the missing
man ever reached there and just
of six
years; the other alternative is the fact that he may have suffered a term of imprisonment exceeding six years. Such things are not un- heard of.
people. On the day of his disap-what the police said about it. Peo- pearance he was also in the pro-ple have been known to leave home per state of mental health and it before over such period could not therefore be said that he had got out of his mind.
Ruling out these two possibilities cf insanity and desertion, Counsel went on to say, there was also one vital point, namely that the wife His Lordship then directed that had been in regular receipt of let the application be held over for ters from him and it wBA OD or ya fortnight in order to file a fur-. about the time of his disappear-ther affidavit ance that the regularity abruptly
الي
It is understood Mr. Young left ceased. Under these circumstances, local estate value at $25,000.
it could reasonable be presumed that Young must have met his death in some manner as yet un- ascertainable.
A SIMILAR APPLICATION
GRANTED
A similar application was also "The comparative wealth," con- brought by Mrs. Chiu Kwan Ghau- 1inued counsel, "of Mr. among his clansmen in New York late of Yu Lam Terrace, Hong Young, the wife of Chiu Chung-fans and the fact that he had several Kong. debtors might have induced the
Mr. She said his responsibility underworld of New York to prac-in this motion was leas exacting because he had the advantage of being able to invoke the law since it was more than seven years ago that the тап had not been
tise upon him and have him mur- dered...
His Lordship: I have no evi dence here. Except his own state- ment that he was going to collect some debts. Was there any report made to the police about his dis- appearance or any enquiry made in all the hospitals?
Mr. She: A report was made to the police, but I don't think the hospitals had been examined.
His Lordship: He might have been knocked down by a vehicle and suffered loss of memory as a
result.
the affirmation, Mr. Chu was 24 heard of. According to
years of age and a student at the ime of his disappearance.
to be absent from home for several quest for pleasure often led him days but he had invariably re-
turned.
J
On June 22, 1926, he left home, saying he was going to Macao and since then he had not been steri Mr. She: In that case the New or heard of by his people. After York police and the Chinese Con-waiting for a week, his wife in- sul who was acquainted with the stituted enquiries but these fall- facts would have heard of it.
ed to elicit his whereabouts, partly
His Lordship: But the Court | owing to the fact that Mrs. Chu must be satisfied of his death. I did not know many of her hus- And nothing here in the nature of band's friends or his" various ren- a police report which is a matter dezvous. In the same year she in- of primary importance in view seried two advertisements in a of your statement a moment ago local newspaper appealing for in- that his debtors might have in- formation as to his whereabouts. voked the aid of the underworld to
but these also failed. get rid of him.
Mr. She: I don't suppose the po- Lice would decline to make the necessary enquiries, and besides Young was a well-known member of the Chinatown, which is rather small.
REGARDING ENQUIRIES His Lordship: The smaller It 1s The easier it ould be to makę en- quiries. Can you indicate to me whether enquiries were made about his debtors in Elizabeth?
Mr. She: I don't think the debtors are of any relevance to this case.
Fis· · Lordship: But I -under- stand your suggestion was that owing to the existence of the debt-
Things would have remained in this resigned way, which was so characteristic of the Chinese, had not the Beate Duty Commissioner made enquiries about the estate of tir. Chu, which was $80,015 and which was left to him by his father who died about two years before his disappearance.
His Lordship: You have here a young man who in your own words was pleasure-loving and he may have found pleasures which in- duced or tempted him to remain away from his home for ten years. Ulysses have been knowa to re- main away from their homes for such: period!
Mr. She: But your Lordship ors that he met his death? | must realise that the publicity ser- Mr. She: I suggest that his vice at that time was not so well "death might have been largely | organised as now. **
caused by his wealth, not so much
by the debtors.
His Lordship granted the ap- plication.
The case was adjourned until
Angust 14.
A FREE FOR
ALL
BOAT PEOPLE
IN FIGHT
sive, on July 23, 1931 at the North Allegations were that the fugl-
Station, Shanghai did Tong U Lc, secretary to Mr. T. V. murder
Soong, Minister of Finance; did at- otherwise known as T. V. Boong with others
did conspire, con- federate and agree to murder T. V. Soong and did solicit, encourage, persuade or endeavour to persuade another person or persons to mur. der T. V. Soong.
Mr. D. L. Strellett is conducting the case for the Crown again, and Mr. P. H Bin represented the fugitive.
FISHERMEN AND OPIUM
"Possession Charge
Five fishermen appeared before Court yesterday charged with the Mr. J. H. B. Lee at the Central
possession of 4.000 tuels of FEW oplum on board two.junks, 5741W and 2820Y respectively, at Junk Bay. The defendants were Lel
49, Yel Yee Kau, 37, and Fung So, Kau, 46, Chan Tal, 24, Chan Yau,
13. "
The Arst defendant admitted possession and the other four
mitt for the prosecution said that denied the charge. R. O. Grim-
he would not accept those pleas. Mr. M. A. da Silva represented
the first defendant. 'Mr. C. A. Sutherton Russ who was for the fifth defendant was in hospital and one week's formal remand was accordingly granted. Bail was allowed in 35,000 each.
POLICE OFFER NO EVIDENCE
Charges Of Assault With Intent To Rob
The Crown case was that defen- dant with five others phoi at T. V. Boong at the North Station, and instead killed their intended victim's secretary who was walk- Five men and one woman, three ng by the latter's side during one 0 them junk folk and the other of his visits to Shanghai. Defen- dant was seen to are the first shot three motor boat men, appeared before Mr. J. H. B. Lee at the in the shooting afray which took station and" Im.. Central Court yesterday charged place in the
Appearing on remand before Mr. with fighting and causing dis-mediately after that, the turbance at the Vehicular Ferry tary. Tong, dropped to the ground. A. A Macfadyen at the Kow-
and later succumbed to his in- loon Magistracy yesterday on
charge of having with others on The defendants were, Kwok Ping furies.
It will be recalled that the de-"
December 28, 1934, assaulted Tsang Yau, 38, motor boat watchman, Kwok Chu, 24, motor boat coxswain, fendant had been committed to Yuk-ying, a woman, with intent to rob her at Tung Fong Street, So Ewok Ngau, 35 junk foki, Kwok gaol in another extradition case
Tak, 20, house coolle, and Tsang Chau Ming, 30, junk master, Kwok here, in which he was charged gau, 26, junk foki and Ho Ng, 49, with comspiracy to murder Wang
Ching-wei, married woman of junk 774.
whart.
Mr. Hin Shing Lo. instructed by Mr. J. M. Hali appeared for the
Becre-
latter three defendants and plead wharf and accidentally bumped ed "not guilty." Mr. Lo said that against the motor boat. This start- when his Worship had heard the led the 'fight. case he would find that the latter After the evidence of the Chinese three defendants were a fact the detective who arrested the defen- complainants.
dants. Mr. Lee bound the first three defendants over and discharged the
,",
Det-Sergt. Guild' stated that tas junk was coming up to the Ferry | latter three.
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in, 27, tea-house waiter, were dis- charged.
also Was
charged with robbing Kwan Chak, of $30,
Tsang
at Canton Road, on January 17, 1935, with others not in custody. and he was also discharged on this count
Detective-Inspector A. E. Elston, who appeared for the prosecution, said the police had no evidence to offer against the accused.""
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