1939-01-04 — Page 7

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HONGKONG DAILY PRESS

REJECTION OF PROOF OF DEBT GRANTED

Roberts Bankruptcy Case Recalled

1

The application brought by the feial Receiver, Mr. L. R. An- Sum of $3,660.60 filled drewes," for rejection of proof of debt of a with him by Kartar Singh, registered moneylender, in connection with the bankruptcy of Archibald Hynes Roberts, was granted by the Pulsne Judze. Mr. Justice R. E Lindsell. In the Supreme Court yesterday.

The

were

first been brother-in-law. on the security of matter had brought before His Lordship when several promissory notes to the he was Acting Chief Justice in the uce value of $2,600, which absente of Sir Atholl MacGregor, signed by Mr. Hall, the debtor and and at the last hearing judgment another. The interest charged was reserved.

was never less than three per cent per month on the amount actually advanced and at the beginning was considerably higher:

In giving judgment yesterday His Lordship said-

Kartar

COURTS

Principal Witness Tells

Of Killing On Hillside

CONVERSATION REGARDING LOAN

I

OF MONEY DESCRIBED

Committal proceedings against Chan Yeang, 34, and Tse Chun. 24, on a charge of murder on December 1 on the hillside above the washing tanks at the 34 milestone, Talpo Road, of Wong Fo, allas Wong Pak, alias Wong Kwai-fong, were continued before Mr. Q. 4. A. Macfadyen at the Kowloon Court yesterday, when evidence of the principal Crown witness was taken.

Mr. E. H. Willams. Crown Counsel, is conducting the case for the prosecution, Detective-Inspector A E, Carey assisting.

The principal Crown witness. Chan Chun, a returned emigrant trom Montok in the Dutch East Indies who had known both accus- ed and the deceased when they were working there in the tin mines and who had returned with them to the Colony by a Dutch ship on November 29, gave evidence yesterday of a conversation he had over- heard between Chan Yeung and Wong Kwai-tong at a boarding- house on Yee Kok Street on November 29 respecting a loan froth the former to the latter of $10.

He also testified to the murder Chan. Yeung was also with the of Wong Kwal-tong which he party ahead.

aims to have witnessed.

Witness recounted the conversa-

HOLDING ARMS »

two

tion of November 20 as follows: Witness continued." The

First accused: "Wong Kwai- men walked each on one side of

It

"This is an application under No.

CAPITAL WITH INTEREST 158 of the Rules made under the Bankruptcy Ordinance, 1931. by The bon ran on for 4 years the Omcial Receiver acting as the during which Kartar Singh receiv Trustee in the, bankruptcy of one ed various payments by way of in- Archibald Hynes Roberts, who was terest or otherwise totalling (as he adjudged bankrupt in 1936 Bank himself admits 52.260, and a fur ruptcy No. 0 of 1936), asking for ther sum ut $360 was paid by the authority reject the proof fled debtor by Instalments in respect with him in August, 1998, by one of the judgment debts. Thus, by

Singh of a

for October, 1935, when the original; tong give back to me some money Wong Kwai-fong, holding his arms debt

We were some distance apart. We $3,860.60 which was based on four debt became merged in udgment you have borrowed at Montok.

could see them quite clearly al judgments of this court In its debts. Kartar Singh: had received is more than $10."

though there were boulders be Summary Jurisdiction given by from the debtor a sum of just over

tween us." consent in 1935 juta ycar before 31,000 more than the amount of the debtor was adjudged bankrupt. the loan, in other words he had got back his capital with interes FLOURISHING BUSINESS

thereon amounting t about 13 Between 1914 and 1928 the deb-per cent per annum.'. for had been sole proprietor of a

In my view the transaction was business known as the Victoria ab initio, and it would be harsh Printing Press which i am 14. and unconscionable in Kartar

fed was, up to 1935, in an increas Ingly sound, and flourishing con- dition.

Singh to attempt to squeeze this debtor any drier and I therefor direct the Trustee to reject his proof.

In 1931. the moneylending trans action which was the origin of the Mr. Andrewes' requist that casta present claim took place. In that be allowed him in respect of the month Kartar Singh, who was and appearance in Court of Mr. J. Hen- of Messrs. Percy is a registered moneylender. lentnessy Seth. the sum of $1,300 to one A, E. Hall Smith, Seth and Fleming, vins also #since deceased', the debtor's granted

NEW SOLICITOR

ADMITTED

Deceased: "I lost all the money In gambling when on board the ship."

i

In order to wash all of us took. First accused "You said you off our clothes. 1 saw Wong Kwal- would pay me when we would get fong bathing. I had finished and back to Hongkong. When we did I was standing up. He was squat- come back here finally, you sald ting down, washing his body. No. I have no money'."

"I saw Chan Yeung pick up a stone with both hands and throw it at him. Chan Yeung was 3 or 4 feet away from Wong Kwal-fong.

Deceased: "I have not the money."

APPEARED ANGRY

Witness related that first accus-The stone hit Wong Kwai-tong on ed appeared angry during this con- the top of the head. He stagger versation. Witness sald," I cannoted and fell down on his back. Chan remember if Tse.Chun was present. Yeung was between me and Wong Nothing out of the way happened that evening or on the next day,

"On December 1. about 2 pm Tang Lau-mul asked me to go to have 3 bath. Everyone. I mean six of us.. agreed to 50. Chan ROTARY MEMBERS Yeung. The Chun, Wong Kwai-fong, myself, Tang Lau-mul and Tao Pci went.

CONGRATULATED

Mr. M. F. Key, Secretary ́of Commerce.

Mr. P. Wynter-Blyth the Chamber of

Of Deacons

A new solicitor was enrolled In the Colony yesterday when Mr. Patrick Wynter-Blyth. of Deacons, was admitted to the practise by His Chief Justice. Sir Atholl MacGregor.

Making the

Honoor

application, the Hon. Mr. C. G. Alabaster." K.C.. Attorney-General, said Mr. Wyn- ter Blyth was a Bachelor of Arts and Bachelor of Law, Cambridge, and had been articled for three years to Mr. Hortin, of Lindus

and term

was

jur - more than one lion. Secretary of the Hongkong Rotary Club, congratulated by the Hon. Dr. Li Shu-ian, presiding at the weekly luncheon of the Hong- kong Rotary Club, in the Roof Garden of the Hongkong Hotel yesterday, on the honour of an D. B, E. which had been con- ferred upon him by His Majesty the King in the New Year's Honours List.

In reply Mr. Key sald:-

"Mr. President and fellow mem- ber: Thank you very much for the goodwill with which you have

wal-fong. He picked up another larger stone and dropped It on Wong, Ewat-fong's forehead. Wunk. Kwal-fong was moving his limbs. chan. Yeung drew a little bit nearer the second time.

STONE ON STOMACH

"Tse Chun also picked up a ston and dropped. It on Wong Kwal- "We went up the hillside, past fong's stomach. He then dropped the football ground, walking along another stone on Wong Kwal-feng. main road for seven or eight (Chan Yeung threw a third ruck on ninutes. There were some huts him. and tanks for washing clothes.

"Wong Kwal-tong and Tse Chun walked ahead of us and we three

went down to the stream."

In answer to a question by Mr. Williams, witness affirmed that

SOLDIER DIES OF WOUNDS

ard Hortin. solicitors. The papers received. the news that His Majesty Injured In Effort

were in order, due

notice

To Break Camp

"After this Chan Yeung told me. Do not interfere with my affairs. If you do 1 will strike you too. Tang Lau-mul and Tao Pei-tsal did not interfere. The whole affair lasted about 10 or 15 minutes. There were no words of dispute."

Witness continued to relate that j. at 4 o'clock the five men had a meal together at a store and then returned to the "boarding-house.

WEDNESDAY, JANUARY 4, 1939.-PAGE T

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TERRIBLE DEATH OF FITTER

Crushed While At Work In Depot

An inquest into the circumstan- The two accused slept, as usual, inces surrounding the death of Wong the rear cubicle on the second Cheung, 41, fitter employed by the Boor. Nothing more was said of Hongkong Tramway Company, was the rock-throwing incident.

WENT TO FIND WORK

held at the Central Court yester- day. Mr. R. A. D. Forrest sat as Coroner, without a jury.

On the following day all five men

Wong Cheung died at the Queen went to Shun Wan to find work. Mary Hospital on December 8 fol- Witness was engaged with second lowing injuries sustained in a accused in an earth-carrying job crash.

had the King

has been graciously been given the Law Society and pleased to bestow an honour upon the notion was supported by affine this New Year. It has always davits given by Mr. Wynter been a satisfaction to me that my

Mar Hung, aged 40 years, one of Blyth himself, Mr. M. A. Turner fe has been spent in spheres in the Chinese soldiers shot during and two solicitors in England which our Rotary principle of the attempted break from the In- and the first accused worked as a Wong was working in an inspec- who knew Mr. Wynter-Blyth and spoke very highly of him...

опе,

CHINESE CLERK

"service" applies automatically.

ternment camp at Matauwei

yesterday.

ed.

on sand-carrier. After two days of tion pit in the company depot and Excluded by the nature of one's Monday, died in the Kowloon Hos- this work they returned to another was between an iron door and a In granting the motion, His Lord- occupation from opportunities topital yesterday morning, it was boarding-house in Shumshulpo, tram, No. 87. During work another ship expressed the hope that Mr. amass riches, it is a compensa-earned from a reliable gource

Evidence was given also yester-tramcar came into the depot for Wynter-Blyth's professional career tion to receive this public recog-

day by Leung Wan, who testined repair and it was presumed that would be a happy and successfulnition from the head of the Bri-

One other soldier was wounded to having seen a party of six going the latter car collided into car No. tish Commonwealth of nations on during the incident and he is still up the hillside to the water tanks 87, pushing it forward towards the whose behalf so much of my work in the Kowloon Hospital though and to having seen five of them iron door and crushing the deceas- has been done."

his condition is reported to be, im- later coming back. SIR SUOUSON CHOW

proving. The Hon. Sir Shouson Chow.

The hearing will be continued A clerk of the Hongkong office who was the recipient of a medal the incident developed when one this afternoon. of the Chinese Ministry of from the Chinese Government in of the Chinese soldiers walked Finance, named Hsu Chien. 48. recognition of medical and relief up to a sentry of the Kumaon

Hous appeared before Mr. T. J.

work on behalf of the suffering gifles and told him he intended to ton at the Central Court yester in this and other parts of the leave. day on a charge of fraudulent world, was also.congratulated, conversion of the sum of $6,204.2

IN TROUBLE

1st year and January 2

U.S. currency, between October 1 AIRPORT MOVEMENTS Mr. Peter H. Bin appeared for The Philippine Clipper has been the defence, and requested a re-delayed a day due to bad weather mand of three days. Ball was and will now arrive in Hongkong fixed at $35.000.

According to an official source,

A fine of $8 was imposed by M: Q. A. A. Macfadyen at the

The man was warned but he re- Kowloon Court yesterday on HR fused to go back and made an at- Webb, of Prince Edward Road, who tempt to break through. He was was summoned for driving at 3 shot while running.

speed of 40 miles per hour along Waterloo Road on November 20.

GUARDS STONED

The guard then took the injured

*

The hearing was adjourned till 11.30 a.m. to-morrow when further evidence will be given.

CAR DRIVER SOUGHT

Mr. N. Bull, second engineer of the s 6. Kwangtung, was the victim of a traffic accident in Salisbury Road early on Sunday morning.

Students of at noon to-morrow. The return man back into the camp, and other

The driver of the car has so far the Chung Hua flight will be made on Friday inmates began to stone the guards. Technical School at Chungking not yet reported the incident to

unique job. the police and is now The total amount of funds col-morning.

For some little time, there was have undertaken lected at Kwelyong for the pur- An Imperial Airways plane is considerable excitement in the Apart trom earning their own sought by the authorities.

a

being

It appears that after the ac- chase of warm garments for the due this afternoon from Bangkok camp. One of the men attempted daily food, they also spin cloth Chinese soldiers at the front with mail from England and Aus- to seize a rife and was bayonetted, and make their own clothes. Sim-cident, the driver disappeared.

Any gye-witnesses to the ac- reached $194,600 by the end of tralia.

After that the military took com-ple chemical materials which they

sufficient to meet cident are asked to get in touch December, 1938. It 15 expected The Air France, plane is due to mand of the situation, and the produce are

their modest expenses.

with the police, that it will increase to $200,000. morrow from Hanoi.

camp is now quiet,

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