1937-02-10 — Page 6

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HONG KONG DAILY PRESS, WEDNESDAY, FEBRUARY 10, 1937.

CLAIM ORDERED TO

BE NON-SUITED

Alleged Wrongful Seizure Of Goods

Holding there was no evidence against the defendant firm in a claim brought for alleged wrongful seizure of goods, the Chief Justice, Sir Atholl MacGregor, at the Bum- mary Court yesterday, ordered the claim to be non-suited. The plain- tiff was The Fut, trading as the Kwong Fat Cheong arm, No. 37 Sing Wo Road, and the defendant was the Hing Kee Arm, No. 4. Con- naught Road West. The plaintiff. represened by Mr. C. E R., Sander-į son, claimed $1,000 damages.

Neither the defendant nor his solicitor, Mr. M. A. da Silva, was present.

Mr. Sanderson said that the plaintin was a grocer and the sole proprietor of the Kwong Fat Cheong firm: His case was that on the early morning of November 25, while the plaintin was away in Canton, with a foki in charge of the shop, a salesman of the de- tendant firm and two fokis raided the plaintiff's shop and carried away a considerable quantity of tock-in-trade goods which had aever been returned. The leader of the rald" was the defendant's salesman, named Fel Chai (Fatty) Leung who was well-known to the plaintiff.

was taken the damages would be very great!

Mr. Sanderson replied that he had since drawn up a full list of all the goods taken the value of which was a little over $1,000.

THREE TRICYCLE LOADS Mr. Sanderson: I can only say that they moved three tricycle loads. The position, therefore, is this. that if it were not for the Arst raid the subsequent rald would never have occurred. The defen- dant firm supplied the plaintiff firm with goods on monthly credit and at the time of the raid the plaintiff owed the defendants about $40. There is no evidence of any de- mand letters to collect the money.

P.C.C. C326 (Chan Fat) gave evidence after which Lau Hum, foki of the plaintif firm, who, was in charge at the time of the raid, de- posed to what happened.

CASA BIANCA

·

His Lordship: Were you like Casa Blanes on the burning deck or were running about shouting you

snatching?

Witness: I was unable to move as was held down by two creditors of the firmi,

His Lordship: So you thought it

Witness: Yes. The behaviour of the fokis was very excitable.

A Chinese constable was more like a riot than an ordi- came on the scene when, the raldnary proceeding? was in progress. The constable asked Leung why he was removing the goods and he replied that he was acting under the orders of his master.

Two letters passed between Mr. Sanderson and Mr. da Silva and the latter's reply repudiated em phatically the extraordinary allega. tions made by the plainti

There was no question, said Mr. Sanderson, that the shop was raid- ed on the day in question and it would appear that the only issue of fact would be, did defendant's fokis take part in the rald and whether they were acting on their master's express Instructions or with his authority. If they were merely on a frolie of their own then clearly the defendant firm were not liable.

NO POLICE ACTION

His Lordship then asked Mr. Sanderson If he had any further evidence to offer to prove that Leung was the authorised agent of the defendant arm.

Mr. Sanderson submitted that the constable's statement on that peint was admissible.

His Lordship: If a man goes into the Hong Kong and Shanghai Bank and holds a revolver to the head of the cashier and stated that he had been sent by the Archbishop of Canterbury. Would you bring a action against His Grace?

Mr. Sanderson submitted that the statement would be admissible against His Grace.

|CAUGHT ON THE

ROOF

No Satisfactory Explanation

"Chan Chering, 37, a foreman jointer of the Hong Kong Tele- phone Company, was discharged from the Central Magistracy yes- terday by Mr. W. Schofield on the an un- of loitering, for charge

purpose, "on the roof of lawful the residence of Mr. Leonard at No. 2 Tin Hau Temple Road, on February 1.

Mr. D. McCallum appeared on behalf of the defendant, and Sub- tnspector Madgwick prosecuted.... Mr. McCallum Informed his Wor ship that defendant had been in the employ of the Telephone Com- pany for a very long time. seemed that he had gone to visli an amah and, she had invited him up to the roof where he was found by Mr. Leonard

It

The fact, continued Mr. Mc- Callum, that defendant was re- ticent about the whole affair only went to show his chivalrous quali- and concluded that he ties understood that the authorities were not pressing the case.

said Sub-Inspector Madgwick that when defendant was appre- hended he replied that he was on the roof to fix telephone wires but there, weren't any wires up there. The police, said Inspector Madg- wick, were willing to accept Mr. McCallumi's plea and informed his Worship that the defendant was locked due to his own fault. He would not have been charged if he had given a decent explanation for his presence on the roof,

Boxing Day

Fatality Sequel

Further evidence in connection

with the Box Day motor tragedy, in which Mrs. Tong Man-sau met her death at Talpo, was heard be- fore Mr. Q. A. A. Macfadyen at the Kowloon Magistracy yesterday afternoon.

The prosecution was conducted by Mr. E. H. Williams, Assistant Attorney-General, while 'Mr.

0.

ACTION NON-SUITED Mr. Sanderson; I don't say that c. Marton represented the de Leung was authorised expressly by fendant, Pun So, who was charged No police action was taken as the his master to move these goods with driving without due care constable regarded it as a civil He was authorised to make a state- and caution, and in a manner matter and in fact no report was ment by his master in the course dangerous to the public. made by the constable to the of his

is man

Mr. F. H. Loseby held a watch- Inspector General of Police, the proved to be a salesman, he is position being that Leung had proved to have gone to that shoping brief on behalf of the rela stated that the goods were his and proved to have made a state- In the witness box, Inspector master's and that if there was any ment expressing his action at the trouble to refer to his master.

The rald attracted considerable attention and a crowd collected, Although the defendant firm were the first on the scene, a little later another firm, the Wo Fung, joined in and started moving goods and the business of the shop became a sort of lucky dip.

time.

business. This

His Lordship:, I will not go so far Я Chinese as to hold that even grocery shop authorises robbery al- though they do go pretty far.

His Lordship suggested that the simplest way out was to subpoena Leung or bring action against Leung.

His Lordship, commenting on the Mr. Sanderson left the matter in fact that there were no particulars his Lordship's hands.

tives of the deceased..

A. W. Smith' said that he went to the scene on December 28, last to take the measurement of the skids by the and other marks caused cars, and he pointed out that the silds were exactly opposite the stump of a tree on the opposite side of the road where the accid- ent occurred.

Fun. On then said that he had been in the employ of the Hong

as to the exact goods seized, re- His Lordship: There is no evi-Kong and Shanghal Hotel for the

marked that it might have beendence against the defendants at all. rice that was taken in which case I shall order the action non-sulted. the damages would not be great There will be no order as to costs but, on the other hand, if caviarre as the defendants are not present.

Assault Alleged

Joaquin Marta Gutierrez, 38, a

journalist, was charged before Mr. QAA. Macfadyen at the Row loon Magistracy yesterday for as- saulting & woman called So Bul- mul, who had been living with him for about 15 months.

Heroin Pill Case

For the possession of a quantity their of heroin, pilis, found in dwelling at No. 325, Portland Street, third floor, three persons, Lai Man, 55; Leung Ho. 29. mar- ried woman; and a 9-year-old boy were charged before Mr. E. Hims- worth at the Kowloon Magistracy yesterday. The case was remanded for one week for further investi-

gation.

Cigarette Frand Found Out

Complainant, in the witnesa box, told the Court that on February 5, she went to No. 242, Nathan Road where defendant, was staying with his wife, for her photograph which she left in his possession. On knocking at the door three women

Chan Tok, a 22-year-old shop. came out and assaulted her. Later: defendant also came out, and join-coolie, appeared before Mr. W ed in the assault. She blew the Schofield at the Central Magis police whistle and two constables tracy yesterday on the charge of asked her to make a report to the "hawking sawdust." Yaumati Police Station. She was

Inspector Hourihan, prosecuting, then taken to the Kowloon Hoe said that defendant was found pital where it was found that trying to sell packages of cigarettes on Bonham Strand there were bruises on her arm and and candy thigh.

West by a constable. As he had Both complainant and defendant no license, he was arrested, and

in the sum of when the packages were examin were bound över $15 each to keep peace for a period 1,ed at the station the supposed of one year.

cigarette packages contained saw- dust instead..

Defendant

the camouflaged: trands of "Beesaw," "Mayblossom," "Numerous Treasure," "Globe" and. "tag" in a cardboard box with the caption of "Prosperity on its four sides and there was also a picture of Statue Square depicted on the outside, do polak NA CORUNUR

Chan denied that he had at

ór tempted to sell the cigarettes the candy, but his Worship fined him $10 or one month imprison- ment,

Eating House

Keeper

Yeung Bhau was fined $20 by Mr. W. Schöneld at the Central Magistracy yesterday afternoon for unlawfully keeping his licens- ed eating house at 148, Holly wood Road, open after closing time at 2 am, on January 24,

last ten years, and was regarded as the No. 1 driver. He told the Court that all drivers of the Hong Kong Hotel were instructed to drive at a speed not exceeding 25 m.p.b.

He also claimed that he saw the signal to overtake, given by Mrs. Cheng, who was the driver of the,

other car involved in the accident.

Hearing was adjourned, and a provisional date for the next hear-

ing was fixed for February 19, at

2.30 p.m.

Bag Snatcher Caught

Sentence of four months' im- prisonment and twelve strokes of the cane was passed on Wong Hon, 19, for the larceny of a hand- bag. by Mr. E. Himsworth at the Kowloon Magistracy yesterday.

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ARKISH CABINET

- Inspector Rogers sald that about. 2 p.m. on Monday, as Chan Wal-ching, a married woman,, was walking along Nelson Street, ; de- fendant came up from behind her”

Ankara, Feb. 8,1% ani snatched the bag. Com- The Turkish Government will plainant gave chase, and shouted sad five new Cabinet ports to for help. A constable came to

the 11 already in existence. The the her assistance, and caught de- posts to be established are the fendant in a path leading to the Ministry for Press and Propaganda, Diocesan Boys School, where he Ministry of Air, Ministry of Marine, Ministry of Transportation and bid among the trees.

Minister Without Portfolio, who will be at the Premier's special disposal Tranioncan News Service.

Cabaret Girls Fined

Judgment, was given yesterday by Mr. K. Keen at the Central Magistracy in the case of assault among cabaret girls at the corner 01 Pedder Street and Connaught Road, Central

Miss Ada Chan was fined $29, while the defendants the Misses Helena and Alicia Pedruco were Aned $25 and $10, respectively,

"LOST THEIR

BEARINGS

Paris, Feb. 8 Journal states that the third "Spanish" plane which had been forced to land," and whose occupants "also declared that they had lost their bearings," is report- ed from Perpignan. —

Tranioccan Neur: Service.

JAPANESE VISIT CANCELLED

London-Feb. 8.-

BULL BING DESTROYED:

Mexico City, Feb. 8.

The Japanese Embassy here has a Fire destroyed the main arena In this city shortly after a crowd anuanced that the proposed visit of several thousand had left at the troupe of Japanese actors to end of the days entertainment, England, which was expected in and no casualties are reported July, has been cancelled. Menter

Kenter, Bulletin derpice.

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