1941-05-17 — Page 5

Page

HONGKONG DAILY PRESS

GENERAL

DANCING HOSTESS FAILS IN BREACH OF PROMISE CLAIM AGAINST MERCHANT

Judgment Delivered In

Sordid Case

"THE CASE, IF I MAY SAY SO, IS A' SORDID QNE WHICH DOES LITTLE OR NO CREDIT TO EITHER PARTY, and I think the real truth of the matter is that whatever the defendant might have said to the plaintiff during the period of their so-called friendship it was said for the sole purpose of entering into an illicit relationship with the woman, for which, incidentally, she appears to have been amply rewarded,

“For these reasons I hold that the plaintiff has failed to make out her claim and judgment with costs will be en- tered for the defendant," said Mr. Justice P. E. F. Cressall at the Summary Court yesterday in delivering his decision in the action brought by a dancing hostess who claimed the sum of $1.000 damages for a breach of promise of marriage.

ROUND THE POLICE COURTS

AT CENTRAL

BURGLAR CONVICTED →

AT KOWLOON

LARCENY BY FINDING A man wearing three Jackets Mrs L La Fleur, of Bay View, and three pairs of trousers at Ngachiwan,, appeared as complain- Fleming Road aroused the suspicion ant before Mr. D. J. N. Anderson of a detective, who' arrested him. yesterday when Chun Po, 32 stall Before Mr. H. G. Sheldon, K. Cassistant, was charged with larceny yesterday, the man, Ching Hong by finding. 32. unemployed of Nó, 43. Spring Garden Lane, second floor, was charged with larceny in a dwelling B No. 64. Lockhart Road, ground floor, of a leather For stealing $800 from his re- suitcase containing 16 pieces of lative, an 18-year-old youth, Chan clothing and a tael of Ginseng to Hing. was sentenced to three the value of $80, the property of months' hard labour by My Man Kan-hing, painter.

Andersen yesterday.

Plaintiff in the action was the defendant pulled her into an Cheung L-lam, single woman, adjoining room where he asked a of No. 1 Min Fat Street, first Mr. Yim Pong whether he (the

plaintiff had a wife. On being secuted. floor, Wongneichung, while answered in the negative, the de-

L

TRAFFIC SUMMONSES

Accused was fined $10 or seven days' hard labour...

Det.-Sgt. C. Dowman prosecuted.

ROBBED RELATIVE

on a stretch of road closed to admitted that he had stolen the He had loaned $189 to a

Defendant, who had a previous Sgt. B. Ross said that accused conviction, admitted the offence and complainant, Wong Shula and was sentenced to two months' woman, were relatives and the former used to visit the woman imprisonment.

Det. Sgt. V. M. Morrison pro-ac 1050. Canton Road,

About 6 p.m. on May 14 com- plainant discovered that she had the defendant was Chan Ah-fendant and his concubine return- Mrs. S. M. Mackinlay, was sum-lost $800 which was placed in a ng, merchant, of No. 128 Winged. to the bedroom where the tol-moned before Mr. Sheldon. K. C. safe wrapped up with a jacket. Lok Street, Arst floor. ·

lowing conversation is alleged to yesterday for driving car No. 1445 Accused, was arrested and he have taken place. Defendant: Plaint was represented by Mr. "Now. do you trust me." Plain-motor traffic in Peak Road without money. M. A. da Silva while Mr G. A tiff: "Yes." Defendant: "I want having first obtained permission friend and spent some money in Sutherton Russ was for the de- to marry you." Plaintiff: "When

will the wedding take place?" in writing from the Commissioner treating friends to meals and car Plaintiff," in the statement of Defendant: "I must consult my of Police on May 3 at 6.45 p.m.

Mr. W. A. Mackinlay appeared the money only $334.69 was re- claim alleged that by a verbal brother before I can decide on the

and pleaded guilty on covered" agreement defendant agreed to date." To this the plaintif agreed. in Court marry her within a reasonable It appears that they slept together beltalf of his wife,

Because of her good driving re- time and, relying on this promise, that night, but according to the plaintiff further alleged, defendant plaintiff no intimacy took place; cord, Mr. Sheldon discharged de- Audit in or about August last seduced her nor did anything Improper take fendant with a caution. whereby she became pregnant of place on subsequent "nights (ac- a child.

fendant.

THE JUDGMENT

This is an action claiming the sum of $1,000 as damages for a breach of a promise to marry

rides to the New Territories. Of

EUROPEAN FINED

01

E. J. Clegg, of the Government Department, WAS 3177- moned before Mr. H. C. Macnamara Traffic Sgt. J. Hunter prosecuted. yesterday for driving at an exces- cording to her) until about 10 days Pleading gulity through a resive speed, 30 m.p.h., in Tar Po later when she alleges the defen-presentative, Mrs. K T. Luke, of Road on April 22. dant told her "Make your mind No. 97, Hill Road, third floor, was Accused pleading guilty to the Delivering judgment, his Lord- easy. I will certainly marry you." also cautioned on

summons summons, was fined $15. ship sald

Fine charged with falling to stop car "HAVE Į A WIFE?"

$40 was imposed on No. 3139 as near as possible to the Tong Man-chuen, of Nga Tzin Mr. Yim Pong who was called by near side of the road at Queen's Long Road, for a similar offence. the plaintiff has stated that when

Road Central, near the China

Sgt. Clarke testined that accused the defendant brought the girl to In cases of this nature the cause his room he said inter alia "Have Emporium, at 5.15 pm, on May 4. drove along Argyle Street at 50 of action is based on the general I a wife?" to which the witness when setting down passengers. m.pl. and was stopped near the rule in the law of contract which replied "No." The defendant then

Traffic Sgt. W: Sullivan was in Kowloon Hospital, about 11.45 a.m. stipulates that every agreement, said "I want to marry this girl. charge of this case.

on Apr 23.- not manifestly Impossible, made can you verify I have no wife." deliberately and seriously by per-Witness thereupon told the plain- sons capable of contracting and tit. "He"(meaning defendant) is a against Chan Yau, 62, widow, of no having a ground or reason which good boy and you should not fixed abode, was fixed for 11.30 entrusted to them, Kwok Chuen- is not immoral or forbidden by law, hesitate in marrying, him." It was am. on Wednesday by Mr. G. T. lee, alias. Kwok Tin-chol 38. master may be enforced by action, al- stated that Yim Pong's wife was Lowry yesterday."

ABDUCTION CHARGE Hearing of the abduction charge

JUNK MASTER CHARGED Alleged to have staged a false robbery in order to steal cargo

of trading Junk No. T1881H,

ry. Superend

SATURDAY, MAY ̈ 17,

1941, -PAGE 5-

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The House of Quality & Service

though there may have been no present and presumably heard this It was alleged that defendant and Chan Fuk, foki of the junk, VERDICT OF

consideration in the sense of Eng-conversation but she has not been Hish Law (Rood v., Wallach (1904), called as a witness. T5. 187-8. AF).

GIRL ASSAULTED

A 38-year-old widow, No Nul,

Mr. M. A. da Silva, assisted by Det.-Sgt. T. Matches, appeared for

MURDER

the prosecution, while Mr. C. A DEATH INQUIRY ON

AGED WOMAN

Sutherton Russ represented de- offendants,

unlawfully took a 15-year-old un were charged before Mr. Ander- married" girl out of the possession son with larceny by ballee of a The defendant strenuously denies and against the will of her mother quantity of goods. In order to succeed, however, 3 that he ever mentioned the word on May 10. plaintiff mist shew that, not only marriage and insists that his re- Det.-Sgt. J. R. Sykes is prosecut- did the defendant promise to lations with the plaintiff were ing. marry her, but that she promised those of a man with an "amateur to marry him; for in this, as in all prostitute" whatever that expres- other cases, a contract must be mu- sion may mean. He declares that No. 14, Ewo Street, was fined $60 Mr. Bilva said that this was an An inquest into the death of a tual. There is, of course, no neces- he paid for his pleasure and that by Mr. Sheldon yesterday on two ordinary case in which junk mas-60-year-old woman, Liu Muk, who sity to prove the actual promise in he knew nothing of the allegation charges of assaulting a 10-year- tors were entrusted with cargo to was found bound and gagged in an words for the other party's accep of a promise to marry until he re- old unregistered ward. Chau Sal- be transported to Chinese terri- unnumbered but in Ngau Au Village, tance of the offer may be inferred ceived a letter from her solicitor ha, girl, on May 15 and failing to tories but reurned to the Colony, Old Kowloon Tong, was

heard from the surrounding circum-in February 1941.

report the possession of her. after having sold the cargo, saying|before Mr. H. C. Macnamara at the stances, as for example, the fact

Ho was defended by Mr. D. that it had been taken by robbers, Kowloon Magistracy yesterday, that the woman made no objec-

The junk set sal on Merch -19. tion at the time of the offer, and It is always difficult in cases of McCallum, who pleaded not "gulity.

The jury comprised Messrs., D. Insp. H. W. Fraser, of the S.C. A. Before her departure, Mr. Silva Xavier (Foreman), Kwok Yik-yau that she permitted the defendant this nature to separate truth from

that the girl Was found alleged, the master had an arand A. E. Coates, while Det,-8gt. to visit her in the capacity of action for more often than not the said suitor.

case devolves itself into a question wandering in the street and even rangement with another junk to D. G. MacPherson represented., the of word against word. There are, tually taken by a constable to rob him of the cargo... however, certain inferences which the Police Station, where bruises

MATERIAL EVIDENCE

TRUTH FROM FICTION

A report was made to the Police and defendants were arrested,

Cross-examined by Mr. Russ,

Police.

They returned to the hut about 10 p.m. and found the door

found all the things and furnt-

Giving "evidence. Cheng Kit-

Giving evidence, Wong. Fat, son- It is also necessary for the evi-it is permissable to draw from the were found on her body.

sang, cargo owner, said that on dence. "in support of the promise, conduct of a woman to the ad- According to the girl, she was Mar. 24 he was informed that the in-law of the deceased, said that to be corroborated by some othervances of a man, more especially beaten by her mistress, who was junk in question was moored at

he, his wife, a younger brother" and material evidence. This corrobora- when he happens to be a compara- later brought to the S. C. A. for Chuen Mun, Castle Peak. With Ng the deceased lived in the hut. "On tion by itself need not go to the tive 'stranger, and I feel constrain- questioning. When she was Chi-tak, another cargo owner, he Feb. 1, he and his wife went to length of proving the promise: ited to say that the plaintiff in ask-charged with the offence, she went there and found the junk Kowloon, City' leaving his mother- will be sufficient if it supports the ing me to believe that a woman stated that she punished the girl being repainted.

in-law and the younger brother plaintiff's evidence in respect of would allow a strange man to because she refused to do some

there. the promise, so as to make it ap- sleep with her for many nights on work, pear reasonably probable that her end without permitting intimacy Defendant was fined $50 on the testimony that the promise was on a quid pro quo basis, has credit-first charge and $10 on the second, witness said that he had never smashed. Entering the hut they given is true; and it need noted me "with a lack of intelligence necessarily be of facts subsequent and knowledge of the world, which to the engagement, but may con-1 can assure her is not justified. sist of facts prior to it (Wilcox V.

I have had ample opportunity to ping, 37, both described as brokers. DEMANDING WITH MENACES She was bound by a rope and Gotfrey (1872) 28 L.T. 481).

These briefly are the considera-judge her demeanour and that of are charged with attempted theft Convicted of demanding protec- gagged.

her witness, in court; and, in the or. 197 piculs of tions which must be applied to the result, I have no hesitation in say valued at $3,000, by means of a menaces, Tam. Mul, 28, was sen-

wolfram ore, tion fee" from a junk master with BROTHER UNCONSCIOUS evidence which has been adduced ing that I do not believe either of trick from Hui, Shing, accountant tenced to 10 weeks hard labour by by the parties, and in my appre- them on the main question in of Tung shing Loong Firm, Cheung Mr. Anderson yesterday. clation of the position there is only volved, namely, whether a promise Chau Island, and with conspiracy. one question to be answered,

to marry within a reasonable time with others unknown, to defraud namely, was a promise to marry was ever made. ever made by the defendant?

After making the remarks as

"HEARING FIXED

spoken to or known accused... Further hearing of the case in Further hearing was adjourned ture in a disorderly manner and which Wan Chi-wong, 31, and Lite May 20

Hut of $13.600 Chinese currency.

Det.-Sgt. A. Bethell prosecuted.

MARINE COURT

the deceased dead under the mess.

His

younger brother, Wong Kong, was found unconscious in another cubicle, Property miasing from the hut amounted to $70 Hongkong currency, $320 Chinese currency, a pair of gold, earring

Wong Kong said that he was Mr. C. A. Sutherton Russ ap- Jolly, R. N. R. yesterday on nine working in the field of the day peared for the prosecution and Junk masters charged with having in question when he heard a dog

Police. First defendant was repre-Bay, a prohibited area.

It is clear from the evidence that stated above his Lordship dismiss-as xed for June & by Mr. Lowry - Fines of $15, in defanit 14 days' an illicit relationship existed be-ed plaintiffs' claim and gave jude. yesterday, after further evidence imprisonment were imposed by the and a gold ring.

tween the plaintiff and defendant between the months of July and September, 1940, but intimacy be-

ment for defendant with costs.

was taken.

Marine Magistrate, Lt. Cmdr. J.

tween a man and his mistress (as HEALTH BULLETIN Det.-Sgt. T. Cashman was for the anchored their boats in Tytam barking from the hut. He. im-

the plaintiff undoubtedly was) is

no evidence at all from which the The following is the Returns of sented by Mr. J. M. Almada Ee- court would be entitled to draw notifiable diseases notified as hav-medios and second by Mr. P. C. the conclusion that the relation-ing occurred in the Colony during Woo. ship of engaged persons existed.

the 24 hours ended at midnight on POSSESSION OF TREEWOOD

LOCAL ESTATE

mediately rushed back. On reach- ing the door he was seized by two men and pushed into the hut, Re saw deceased held by another man Local estate sworn under $78,300 who bound and gagged her, The What, therefore, is the evidence May 14:---Cholera. six cases: Charged with possession of 9,125 had been left by the late Mr. Look youth was also tied up and gagged of the actual promise itself? Ac- Diphtheria, one case: Dysentery cattles of treewood, valued at (or Lak, or Lok) Poong (or Poon, or and thrown into the cubicle where cording to the plaintiff, the defen-four cases; Enteric Fever, four $182.50, on board his junk in Fung, or Pung) Shan for Ban), re- he fainted, dant having made violent love to cases: Measles, one case; Tuber-Shaukiwan Harbour on May for tired banker, who died on Sept. 7, her in her bedroom late one night cutosis, 27 cases. remarked "I love you very much

EASTERN PORTS

the purpose of sale without first 1940. at No. 102 Caine Road at the

H

concussion

and

Dr. H. H. Tal, of the Kowloon

and you have no objection I

having obtained a licence from the age of 62 years. A petition for pro Hospital, testified that the cause shall marry you." "To which sha The Health Bulletin of Eastern Controller of Stores, L Shuf. 39. bate of the will has been granted to of death was

suffocation. replied to the effect that she did Ports for the week ending on May master of junk No. 1849P. was aned (Chan Lan-sang, widow. not trust him as she did not be-19, is as follows:-Cholera, Maçao, $5 by Major A. N. Macfadyen

After evidence the jury returned" Beve he would

while defendant was represented a verdict of murder by person or marry mere 16 cases; Small-Pox, Macaq, one yesterday, dancing girl. Then, apparently, case; Shanghai, seven cases,

Sgt. W. L Kialoch prosecuted by Mr. M. Aj da Silva.

persons unknown.

a

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