1905-06-23 — Page 14

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CRIMINAL SESSIONS,

DEMANDING MONEY WITH MRNACES,

rgih inst.

The Criminal Sessions opened this morning, befine the Chief Justice, Mr. F. T. Piggott, with the case in which, Lal Po and Ng Ngau were charged with demanding money by menaces, on the 8th March, at Shaushekwad, Tai O district, Lantao Island.

The Atomey-General (the Hon. Sir H. S. Berkeley), instructed by Mr. Morrell, of the Crown Solicitor's office, presocuted, and the prisoners were undefended.

The following Jury was empansalled: Mestra, John Johnstone (foreman), William Anderson, Ezekiel Isaac Ellis, Paul Karl Knyvall, Fried rich Nicolai, Joseph Hooper, and Bruno Engel.

The facts of the case were, briefly, that on

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the day in question the two prisoners, with third man who has not been found went to the house of one Wong Kui and demanded of him the sum of $10 in cash with which to get over to Hongkong, threatening Wong that if the money was not paid they would inform the brethren of the Triad Society, some of whom would come with them and thrash Weng, Finally after much talk, Wong handed over all hia money, viz., $4.9; the mea mada off. Wang subsequently reported the matter to the police, and the two prisoners were arrested. Evidence was given, and the jury after consult- ing together for ten minutes returned a verdict of guilty, hy a majority of four to three.

THE HONGKONG TELEGRAPH SATURDAY,

Wang with it. The man who did the stabbing Police Sergeant Evans said that on the 19th was one Cheung Kat. The first prisoner than inst. at about ten minutes past twelve in the went away with the second, and when they got morning he was returning from doty and heard to Tal O the first prisoner thrashed the saconda disturbance at the defendant's house. He for Basaulting the old man. The second knocked at the door, and cautioned the in- prisdber then said that he would give evidence against the first prisoner and say that he stabbed Wong. Kiu, and then they fought Again..

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mater, but this sppeared to have no effect.. To Mr. Stephens: The Inmates were shouting in such a manner that he could hear the voice in Hollywood Road. He did not tell her to "shut up her box," nor did he treat her in an off-hand manner.

J. Hanson, Chief Inspector of Detectives, said he was awakened by the noise, and thought it came from a house lower down the

traci.

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JUNE 24, 1905.

Mr. Bowley.-Your Lordship will see that on the 8th fans Lai Wing Cho instructed Chow Tak, my friend's interpreter, who, it appears, has constituted himself

THE QUARDIAN ANGEL

of the debtor, was instructed to present the bankruptcy petition. It has frequently hap pened in this Colony that the same folictor the debtor. I submit that this is a most un dicts for the petitioning creditor as well as for desirable practice and one that frequently leads to collusion between the patitianlag cre item and the debtors. On the evidence It is quite clear that Lai Wing Cho and Chow Tak were acting in collusion and were not endeavouring in assist the creditors or the

'he discharged without security. I cannot grant that "application. It is perfectly true. that discharge from arrest may not be usually ordered without security, but that is where the grounds of the original arrest ware proper. In this case they were absolutely improper,

THE S.S.SAMSON" CASE

IN SHANGHAI,

PLAINTIFF'S PETITION.

Our recent telagrams from Shanghai, In re ference to the case of thê vs. SamiÓN NOW further elucidated by the petition of the plaintiff in this case, which is as follows

abouts. On the failure of the plaintiff to give the said contract to the defendant the said bank cancelled the guatantes greatly to the ***. damage of the defendant's credit, die and

10. The defendant, by the direction of the said Baron Ward, purchased the medical stores above referred to to the value of upwards of Tis. 100,000, and afterwards, at the request_

of the plaintiff, handed to him delivery order for the same. An item of Tis. 1,000 paid by the defendant is still unpaid on the account of medical stores.

11.-Bargain money to the amount of Tis. 10,000 was paid by the said Baron Ward to the defendant in respect of the contract to pur chase the Edendale, and the medical store has been returned.,

$1 or $3 more from him, and Wong safiad question he was on his verandak, immediately Official Receiver, On the zath Chow Tak Proceading in H.M. Supreme Court will be above referred to by the said bargalo money

The second prisoner said the police arrested and beat him. He did not acknowledge anything to the police. He only called out "save life." Wong Kia stole goods valued at 86 or 87 from him, and afterwards gave him $age to make up, but that was not enough, and so he went with the first prisoner to get the spear and there was some stabbing, and he fought with the first.prisoner because of it. He was not a robber. "But if your Lordship says I am to be hanged, 1 shall be hanged, or if I am to be decapitated I shall be decapitated; or if I am to go to gaol, then I shall go to gaol-1 cannot help it.That is all

have to say,"

His Lordship then briefly summoned up. The Jury, after a very brief deliberation, returned an unanimous verdict of "guilty against both prisoners.

The Attorney-General then mentioned to His Lordship that the second prisoner bad been found guilty of a similar charge yesterday, sentence being deferred.

The second prisoner was then sentenced to three years' hard labour, the other being sea- tenced to two years' hard labour.

CANO RODDERY.

His Lordship could not accept this, and ndvised them to retire and reconsider their

Deferred judgment in the case against Lai Po and Nx Ngau was then determined, the decision.

After half an hour's retirement they returned prisoners being sentenced to six months bard

labour each.

into Court, and returned the same verdict, this time by a majority of six to oHo.

The Attorney-General then asked His Lord- ship to defer sentence as there was another charge against the second prisoner to be tried in the next case in the list, and the first pri- soner would be requested in evidence. Sentence was deferred accordingly.

GANG ROBBERY,

ENDEZZLEMENT,

Tang Fuk, ex-coroner's clerk and third clerk at the Magistracy, was then placed on trial charged with the embezzlement of the sum of $50 on the 4th of April last,

Sir Henry Barkeley, Attorney-General, in- structed by Mr. Morrell, of the Crown Solici tor's office, prosecuted.

Mr. G. N. Ferrers, instructed by Mr. II, W. Looker, of Messrs. Deacon Looker and Dea

con, defended.

When the jury in the last case retired to re-consider their verdict the Attorney General asked His Lordship to take up case No. 3 on the list. Yeung Yu, Tsang Tak, Lam Yeung and Leung Sal were accordingly placed in the dock to answer to the charge of gang robbery.foreman), A. Moir, Schroeder, P. K. Kayyeit,

The following jurymen were empannelled: Messrs. Alexander Moir (foreman), W. Faut- kener Basford, Norman H. Rutherford, Louis Maria Alvares, Emil Adolf-Schreider, W. W. C. Drew, Alberto Edonardo de Salvacedo Alves.

In this case the men went to the house of Mrs. Barros, a Portuguese lady, living at No. 20, Water Street, West Point, and pretend ed they had been sent by the Government to make a skylight in the kitchen. They were allowed to come, and began to move the furni two of them seized the arms of Mrs, Barros to get at the ceiling, when suddenly and forcibly removed a gold-mounted bangle and some finger rings, a third seizing, Mrs. Barron's little adopted daughter and remove ing her bangles also. The small aus of the lady, seeing the trouble, slipped out and called the police. The little girl identified the

ture, as

men.

The evidence was conclusive and the jury returned a verdict of "Guilty," His Lordship sentencing each of the prisoners to one year's hard labour.

The Court then adjourned until tontorrow morning.

GANO ROBBERY.

20th inst.

Ho Man and Ng Ngau were placed in the dock to undergo their trial before the Chief Justice (Mr. F. T. Piggotty on the charge of committing a gang robbery at Shaushekwang on the 13th of March last in the house of Wong Kis, a cattle dealer.

The Attorney General (Sir H S. Berkeley),

instructed by Mr. G. Morrell of the Grown Solicitor's office, prosecuted, and the prisoners were undefended.

The following jury was empannelled:- Messrs. Kochler (foreman), W. Eric Craig, Guy Blond, John Arnold, Frade S. Perry, S. A. Seth, and Frederick Rohrs. The Attorney General said the facts of the case were, in brief, that Wong Kit was asleep in his house on the night of the 12th of March last, when suddenly the door was broken, and complainant saw two men come in,, and others standing outside. Wong Kiu-jumped up and seized a spear to defend himself, when one of the pr soners stabbed him in the thigh. The robbers, then'searched the house and stole Sto la money. pair of shoes, and a pair of trousers and then mado off. The only difficulty in this case was the lack of direct, testimony against prisopers, the complainant being unable to identify them, but he could say that the second prisoner went to the house in the same clothes with others and with menaces obtained money from him. The prisoner then said he was dissatisfied with the amount of money he then obtained and said be would return with others. The men more. over were all masked.

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Prisoner pleaded not guilty, and the follow ing jury was empannelled: Messes. Nicolai

W. F. Barford, A. Alves, and Hooper.

The facts of this case have been fully record ed in these columns, and are very briefly as follows: Tang Fuk, a clerk at the Magistracy, received $50 as a fine which had been inflicted on a prisoner, and instead of paying it over to the properly accredited person to receive the same is alleged to have put it in his own pocket and used it himself. On the 4th of Aprites, fendant was fined Sjo by one of the Magistrates, and a friend went to get the money, raturaing at 5-30 p.m. with the money, and as the shroff money, giving the usual receipt for the same, had then gone the prisoner received the and making the usual endorsements, but nothing was known of this money until the 16th of May when the auditor discovered that it was missing.

Mr. T. A. Hanmer, chief clark at the Magia. tracy, was called and produced the counterfoil receipt books, and the depositions in the case

in connection with which the $50 fine was paid, on all of which was the prisoner's signature. Prisoner was found not guilty, and was charged.

in Shanghai, and the defendant is a Danish (1) The plaintiffie Russian subject resident subject resident in Shanghai,

Sergeant Garrod said that at the time in opposite defendant's house. There were number of ladies and gentlemen on the ground suggested the composition of thirty per cent. floor singing, laughing and making a great that this offer should have been made to them My clients' compradores were justly indignant noise. At five minutes to twelve,they wore trying to sing the Marseillaise, and he heard when they believed the debtor firms to be perfect

ly solvent, and there is not the slightest shadow defendant's voice. He then called a za of a suggestion as to why this firm has failed or and told him to go and order the inmates to

what they have done with their assets. On ́a stop the disturbance, and a woman inside call-

cursary examination the books appear to show ed the lulong, who knocked at the door, every "swear word she could think of. The disturb there is a stock-in-trade amounting to $100,000, but the manager says the stock is worth ance had lasted from dinner time until a

only $30,000. My clients wish to know wh Majesty's Consulate-General as a British vossel } cock & Co. that the said ship should not be quarter past twelve.

Mr. Stephens submittedthat the defendant had a few friends spending the evening, and some French officers, who had just arrived, joined them, and they were having supper when a fakong came and opened a window and told them to keep quiet, and later some European constables came and arrested a French artillery officer, who was released on Sto bail. Defend ant went next morning and explained the enter to Mr. Badeley, Capislo Superintendent of Police

On behalf of the defendant, a witness, who had boarded in defendant's house for three months, testified that on the night in question thers were six people at table, but there was no noise whatsoever.

His Worship fined the defendant $5 and ordered her to enter into a personel bond for Sico to be of good behaviour for the next twelve months,

RELEASED FROM GAOL.

INTERESTING APPLICATION.

IMPORTANT OBSERVATIONS, The Chief Justice was occupied for a few minutes this morning in hearing an application for the release from prison of Lai Yuen alias Lai Wing Cho, one of the partners in the Ching Hop firm of traders which recently wont into bankruptcy, Their numerous creditors included Mesin. Siemisen, & Co, Melchers & Co., Meyerink & Co. W. G. Humphreys & Co., Sander, Wieler & Co., Bradley & Co., and Grossmann & Co.

Mr. P. W. Goldring (of Messis. Bruttoð, application, which was opposed, on behalf of Helt & Goldring) appeared in support of the some of the creditors, by Mr. F. B. L. Bowley (ibe Crown Solicitor), from the office of Messrs. Donnys & Bowley,

In making his application, Mr. Goldring tendered affidavits showing that on the 9th June an interim receiving order was made to the maller. On the afternoon of the 8th idem, the acountant and deb: or of the firm were seen by some of the discreditors, and, in fact, were seen every day from the 8th until the 12th June. Other affidavite filed showed that on the 8th f.ai Yuen was in formed that bankruptcy proceedings had been instituted against him, but he made no attempt to avoid service of the petition. On the even ing of the 15th he was arrested, having three In the Hongkong Summary' Jurisdiction days previously proposed a composition of Court to-day, before his Honour. Mr. Justice thiny per cent which was refused by the credi Wise, an action at the instance of Taze Tantors, four of whom subsequently stated that is Shung Tong alin Taze Pung against Chan their belief Lai Yuen would abscond as his Shing Yu was called.

partner Lai Pak bad done.

After the reading of one of the affidavits the

A CHINESE DEBTOR.

zoth inst,

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has happened to this other $50,000 of stock-in-trade, consisting of metal. There are book debts amounting to $78,000, but the managing partner says he expects them ti talise only $30,000. Therefore, my Lord, of and $48,000 bad debts absolutely unaccounted the affidavits there are some $50,000 of stock for. The position is that up to the rath June the debtors hoped to make some arrangement, and on the 14th June the petition, signed by large majority of the creditors, representing $t07,000 worth of debts, was filed.

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A HANDY CLIENT. The debtor was not in his own shop, but was living in a room above his solicitor's office. My Lord, I submit that is a rather peculiar circumstance. This man, who has been carry ing on business in longkong for some years, suddenly suspends payment, and-

His Lordship(interposing)-The only ground stated in the application for a warrant was that a partner had absconded, and it was boltered

this man would do the same.

Mr. Bowley, No, my Lord If you will pardon me, that is not so. The grounds in the application for a warrant, besides setting out the surrounding circumstances, also stated that the compradore believed the two debtors were about to abscond. The application was for the arrest of the two debtors. It was said that they were in hiding and were preparing to abscond: When a merchant gets into difficulties you. would expect to find him in his counting house unless he is seeking, by dishonest means, to evade his creditors. The principal creditors went to the shop on the 8th-after they had been to the godowns-and asked for the books, but could not ascertain where they appears that, in the meantime Chow Tak, wee

acting with what authority, I cannot say, had been to the shop and ordered the assistants to remove the books. I submit that that was A

There were no books there, and it

most extraordinary proceeding. The principal

partner of the firmi does not know on the even- ng of the 8th June where his books are! The interpreter, who is supposed to be acting for the petitioning creditor, goes to the shop and orders assistants to remove backs. They are taken to the offices of the petitioning creditor and are subsequently handed over to the Offici- al Receiver. Two very importants books were not handed over. Then we have the fact of

the managing partner vanishing. I submit that this man should not be released, and that if he is he should be ordered to give substantial security for bis ap pearance in the bankruptcy proceedings. In previous proceedings it has been the custom of the Court when a debtor has been arrested not to allow his release until he has given substantial security for hii appearance. If this man from vanishing the moment he is released, and the probabilities are that the moment be leaves this Colony it will be absolutely impossible to get him back again.

the plaintiff was the beneficial owner of the 3) In or before the month of March 1905,

steamship Samron.

12-At the request of the said Baron Ward defandant sold the Samron, under a power of in or about the month of February 1905, the

The defendant offered the said Sawron for sale attorney from the said Baron Ward to Messrs. Wheelock & Co. for the sum of Tie. 37,000.

at Nagasaki and other places but failed to find a purchaser. It was a condition in the original contract of the Samses from Messrs. Whest.

the property of Thomas Charles Robert Ward.

used in the Yangtze river or Shanghai waters, (4) The said Thomas Charles Robert Ward had not at that time, or at any tima, any bene-handed Baron Ward an account for damages 13-On the sale of the Samson the defendant ficial interest in the said steamship,

(3) In the sald month of March the said steamship was registered at His Britannic

(5) The defendant knew the said Thomas Charles Robert Ward had no beneficial inter- plaintiff was the beneficial owner thereof. est in the said steamship and knew that the

(6) On orabout the thirteenth day March 190s the defendant knowing such facts sold the said steamship to the Shanghai Tug and Lighter Company, Limited, and executed, as attorney of the said Thomas Charles Robert Ward, a bill of sale transferring the property of the said steamship to the said company, and received from the said company the sum of sighty thousand Tacis, (Tis. 80,000), the pure chase price for the said steamship. for the payment of the said eighty thousand (7) The plantiff has applied to the defendant Tuels but the defendant has refused to pay such sum.

(8) By reason of such matters aforesaid the plaintiff has also sustained damage over and above the sum of Tl. 80,000 to the extent of twenty thousand Taals (Tis. 20,000) for which damage the defendant is liable.

(9) In the alternative the defendant conspir- ed with the said Thomas Charles Robert Ward to, and did, wrongfully convert the said steam-

ship the property of the plaintiff whereby the plaintiff has sustained damage to the extent of Th. 100,000 for which damage the defendant is liable.

Wherefore the plaintiff prays-e

(1) Fer an order that the defendant do forth- with pay to the plaintiff the sum of Tis, 100,000 Logether with interest at the male of seven per cent from the date of such order until payment.

(2) For an order that the defendani do pay

the plaintiff his cost of suit.

to

(3) For such further or other relief as the nature of the case may require.

Dated this 19th day of April 1905. the petition of the plaintiff says as follows:

The answer of the above named defendant to 1.The plaintiff is the Russian Minister to Corea now resident in hanghai.

The defendant does not admit paragraph 2 of the petition, and further states that the plaintiff at the time therein stated was acting as the representative and agent of the Russian Government who were the owners of the enld steamship SumSON.

claimed in respect of the breach of contract 19 take over the Edendale and medical supplies above mferred to, amounting to Tis. 40,000, together with an account for diebussements in respect of the Samson amounting to Tls,*~~~~~ 10,655.84 and Tls. 1,000 due on account of medical supplies. Thase sald ambunts have been retained by the defendant, and the

balance of the purchase money of the Samson that is to say, T. 57,000, after deducting the said amount, has been handed by the defendant to Baron Ward."

14. In the transaction above referred to, in connection with the Samson, the defendant has acted under the direction and solely as the agent of the said Baron Ward.

-A suit is pending in is Britannic Majesty's Supreme Court at Shanghai by the plaintiff against the said Baron Ward claiming the same amount of damages in respect of the same matter referred to in the petition in this suit, that is to say the sale of the said steam- ship Samson by the said Baron Ward.

16-The said suit in His Britannic Majesty's Supreme Court is set down for hearing on the 21st day of June next.

prays that the plaintiffs suit be dismissed with costs. The defendant prays for such further or other relief as may seem meet to this

Dated the 13th day of June 1905.

By reason of the premises the defendant

honourable Court,

BELILIOS TRUST,

PRIZE DISTRIBUTION,''.

This morning at eleven o'clock there was a small gathering at Government House, on the occasion of the distribution of prizes to the successful candidates in the examinationa beld Those present included: Mr. and Miss Bate in connectis with the Bellios Trust Fund,

man, (head and assistant teachers of the Belilion School), the Rev. Mother and Sisters of the Italian Convent, the Rev. T. E. Pearce, (tryston of the Bellios Fund) Mr. G. Piorcy, (bend- master of the Diocesan Boys' School), and Mr, Dyer Hall.

His Excellency the Governor, who was ip present the prizes, entered the room accom

Mr. R. A. Harding appeared for the plaintiff chief Justice remarked that the underlying | this in not done there is nothing to preventing information from l'st Anhur which was ing at the risk of their own, and, (a) for pros

the defendant was not present nor was he re-

presented.

The plaintiff claimed Si,coo, being part of a loan of $1,548 which had been made to the defendant on 8th March, 1905 When asked to re-pay, the loan the defendant had promised to do so, but had failed to keep that promise plaintiff waived $548 of the total amount due with the result that this action was taken. The bringing the claim down to $1,000,

Judgment for plaintiff with costs, It was stated that there were other actions for debt against the defendant.

A FIREMAN'S CLAIM

BEFORE THE COURT.

impression seemed to be that those making the declaration carefully refrained from ac knowledging the responsibility for their com pradorer application. He could not have

BANKRUPTCY PROCEEDINGS A MERE PARCE,

THE DECISION,

commission was arranged for.

6. The defendant paid the sum of it. 10,655.84 for disbursements in respect of the Samson, which amount was refunded to him by the said Baron Ward.

Bays.Thomas Loft, (Diocesan Boys'

School), first prise, 530, silver medal a certificate; William Dride, (Diocesan Boys School), second prize, 520, bronze medal, and School), third prize, 520, and certificate Chow certificate Harry G. Brandt, (Diocesan Boys Kwai Lam, (St. Stephen's College), and L Li Cheung, (Ellis Kadoorie School), fourth prizes St5, each, and certificates.

3-The defendant does not admit pira graphs 4, 5, 6, 7, 8 and 9 of the polition.

panied by his Private Secretary, Mr. H, A, E, 4. The defendant further says as follows:

Ponsonby, and as soon as he had taken up his In the month of October, 1904, Thomas position, Mr. Dyer Ball addressed a few words Charles Robert Ward referred to in the peris to him. The Belilion Trust Fund, he said, was tion and better known as Baron Ward gave started twenty years ago by Mr. Bellies, who the defendant directions to purchase the steam invested a sum of money in certain local ship Samen for the purposes of the Russian securities, (1) for bestowing medals sind, su Government, particularly to be used for obtain of money upon those who saved life from drown then besieged by the Japanese forces. The

mating education in this Colony. The trustees, said Samson was to be sent to Port Arthur abalieving that it was Mr. Belilion's desire, that & Press boat and ostensibly under the auspices the study of mercantile subjects should be an of an International Red Cross Society,

couraged, arranged to hold annual examina. 5 The said Samson was purchased by the tions, and award prizes out of the fard. The AFFIDAVITS BY COMPRADORES,

defendant from Messrs. Wheelock and Co. for usual subjects were to be compulsory, foreign as there was nothing on them to show that the His Lordship said. Application was made to the sum of fls. 105,000. The defendant re represented. It was a most serious matter to ly after the filing of this petition, for the arrest Co., the sum of Tis. 10,000 as compradores had the authority of the firm they me late on the evening of the 15th, immediate-ceived from the said Mestre, Wheelock and ages, history and chorthand optional The result of one of these examinations had arrest a person on a warrant issued merely on of both partners. The statement made, and mission which amount was subsequently hand-in stating that all the successful candidates rebate or com- brought them there to-day, and he had pleasure the statement of a compradore.

ed to the plaintiff by whose direction the said had done remarkably well in their subjects, the statement on which I naturally acted, was Mr. Bowley, in opposing the application, said that on or about the 8th June the Ching Hap rahate that the affidavits, made with the full cogni- firm informed their creditors that they were

́both compulsory and optional. Mr. Dyer Ball then requested His Excellency, to present the zance of the principals, showed that the Ching unable to pay their debts in full. On the fol

prizes, which H. E. did, and handed bach'a bank Hop was an old catablished firm of metal dealers lowing day the business was closed and "the

book showing to their credit the amount won, which had, for a number of years, been partners of the firm have since been in hiding." doing extensive business in Hongkong and There was then a general statement, without

The prize lift was as follows :- 7. In the month of November 1904, the der had obtained very considerable credit from all any special reference to the facts, that the two

Girl-Maggie Brewster, (Italian Convent), fendant received instructions from the said first prize, $30, silver medal, and certificate 23rd inst,

the principal German firms and from a number partners were in hiding in Hongkong and "Baron Ward to purchase the steamship Eden.

va Hoyndman, (Balílios Girls' School); sec For some days past the Chlef Justice has of English firma in the Colony. They had niso about to abscond." It appears quite clea dale which was to be used by the Russian and prize, $10, bronze medal, and certificate been engaged at the Supreme Court in hearing obtained large credits from Chinese banke in

from the affidavits that between the 8th 9th Government as a hospital ship at Port Arthur, Annie Neil, (Dincesan Girls School), and evidence in a case in which the main iasge is Hongkong, and now admitted total liabilities, al soth and 12th of Jane the persons who made ostensibly under the auspices the said inter Esther Noma, (Balilios Girls' School) third whether either the plaintiff or the defendant, the present time, of 5160 000. On the 8th June the declaration were in intercourse with one of national Red Cross Society. The said Samson prizes of $15 each, and certificates; Martha,

the Ching Hop firm, without any ostensible rea- and if so, which, is entitled to a specifle sum of

the debtors. Therefore, it is clear that the and Edendale were purchased in accordance Peterson and Annie Lesbirel, (Bellios. Girl" 81,500. The parties in the action are Lamon-there was no reason given whatever why

statement about their being in hiding and with a scheme which had been arranged by the School), fourth prises of Sto each, and cer Tung, who was at one time head fremas on they should have failed-but on the 8th June

going abscond was absolutely misleading plaintiff and others for the purpose of getting tificates. board of the steamer is Shan, and the Namthey suspended payment. He submitted that and should never have been made. The only into communication with Port Arthur and sup- Loong firm of merchants with premises at that was extremely suspicious, and stated that in Wong Kiu corroborated this statement, and Saigon. It seems that isst year an extradition order to come to the conclusion that the debtor that statenich is now alleged in justification of plying there medical stores which were neces

that statement is that, we believe that unlesssary for the prolongation of the defence, intended to abscond hia Lordship should look the said Lai Wing Cho is arrested he will added that the men pressed him down by the case was heard in the Police Court in which au

8-The defendant purchased the said den door outside the house, and one of the robbers onder was made for the return of a Chinaman,

at the surrounding circumstances.

His Lordship. That, so far as it goes, would That is the only excuse which is made for the ent the said ship as a hospital ship to be de abscond as his partner appears to have done." date for the sum of $125,000 and agreed to fit stood guard over him. The others went in and named Chow Kwong to Saigon to answer a searched the house. He saw five men alto charge of burglary at the defondants! shop justify imprisonment in every case.

statement which is manifestly inaccurate. If livered at Port Arthur for the sum of $0. gether. Before the robbers went in he had there. The police found $2,600 in the man's

it had not been for what Mr. Bowley has said The Edendale was delivered to the defendant $801 and that was taken away from him that possession and retained the money, and Lam Mr. Bowley--The experience of this court is that these declarations were made with full at Shanghal and passed a satisfactory survey night. The money was placed in the box Tung now claims that he is entitled to it, and that pins out of every ten debtors do abscond.cognizance of the principals I should have pro- by Lloyd's surveyor. Purchases were made by upstairs. After the robbers left he found the in support of his contention argues that he had For the past few years, especially, wherever bably ordered the arrest of these four men for the defendant and all arrangements made to After the presentation, His Excellancy.com gratulated the boys and girls on their success box broken and the money gone. They also the money on him but owing to his having to

here is a Chinese bankruptcy the Chinesa perjury, I realise entirely the difficulty which fit out the Edendale to meet requirements an a and pointed out the great honour that had took a pair of shoes and a pair of trousers. be on the dock of his steamer during a typhoon debtor absconds and does not attend for ex- everybody in this Colony, who is conducting hospital ship, and the captain and the crew been done by their teachers in selecting them On the 13th March he was sent to the Gov-and not wishing to lose it he handed it to Chow amination. During the last twelve months, la trade with Chinese experience in matters of were engaged. Shortly afterwards the defen- to compete in this examination as representa ernment Civil Hospital and detained there for Kwong for sale keeping. Subsequently this case after case, your Lordship's predecessor this sort by debtort absconding at different dant was informed by the sald Baron Ward tives of their several schools, a selection which treatment till the 9th April. He knew the man was anested on a charge of burglary and ordered warrants to be issued for the arrest of stages of the bankruptcy proceedings op sc

that the Edendale would the be required and in every case had, he was pleased to ser, boor sacond prisoner. He saw him at his house the money being found in his possession was debtors because they did not attend their ex- count of the proximity of Canton to Hongkong, also that he was acting on behalf of Mr. Pav justified by the results, and he hoped that they when he came with menaces, four days before, now claimed by the defendants as part of the amination, and, with all respect to the court,

And I am doing all I can to facilitate proceedings low. The defendant thereupon cancelled the would thus be incited to go on and progress ir with thres men, and demanded money,

proceeds of the robbery. These are the main the consequence is that bankruptcy proceed in a legitimate way, but I cannot sanction the contract for the purchase of the Edendols and

their studies. To these who had not won pri To the Court: The men were all the height facts upon which the arguments before Mr. F.ings have been reduced to a mare farce. illegitimate use of the proceedings of the Court, arranged with the brokern of the vendors to pay

zas he would say, "work hard, and win thou of the man in the white jacket (first

prisoner).

T. Piggott have been based the plaintiffs Proceeding, Mr. Bowley explained that on The law requires that a distinct statement them the sum of Tis 9,600 for expense which next time." His Excellency took this oppor Sergeant Mackenzie, in charge of the Tai O version being placed before the Court by Mr. the 8th juos the debtors suspended payment, should be made and grounds furnished, before had been incurred in connection with the said unity to announce that there would be an station, testified that from information he re H. E. Pollock, K.O., (lastfucted by Mr. C. F. and on the same day Mears. (Mayorink the arrest of a debtor is ordered, showing that contract. The plaintiff subsequently handed

other examination in December, which would ceived he went to the house of the prosecutor Dixon of Mr. Hastings office), and the defence & Co., to whom they owed the sum of he is about to abscond. That is a perfecily the defendant a cheque for the said amount of

include a new subject, that of hygiene, and "Y and found the man lying on his bed, bleeding bolug entrusted to Mr. H. N. Ferrers, who is $10,000, sent for the managing partner and legitimate provision of the bankruptcy law; it The. 0,600 signed by him as follows: "A. Pave hoped that one or other of those scholars, ther from threa wounds in the thigh, and had him | briefed by Mr. J. Hayé (of Mesars, Johnson, pressed him to pay the debt or else furnish | is very stringent prevision, but it is a very low, Minister for Korea in China," and at the present would carry off the prize of $100, to soat to hospital. He found the spear 200 or Stokes and Master).

security for the account by handing over goods. | necessary one. There is no suggestion what same time arranged to give the defendant a 300 yards away from the house.

The evidence concluded, Mr. H. N. Ferrers The man declares that he was threatened and ever that this man was going to abscond. On contract for the supply of a large contract of that subject, which he himself was offering.

The Rev. T. E. Pearce then thanked Hi Dr. E. A. R. Laing testified to the man be. arged that a commission be appointed to detained in the office. Some goods were sub the contrary, on the affidavits before me, up to four to Vladivostok to be in full satisfaction Excellency for presenting the prizes, afte ing received into the hospital for treatment, proceed to Salgon to take the evidence of a sequently handed over, and when the transfer the 12th, he seems to have done what he could for the defendant's losses in respect to the which an adjournment was made to the dining Buffering from three wounds in the thigh. The aumber of persons to prove the position and reached the sart of other large creditor they to meet his creditor. As to whether he has said breach of contract to take over the

room where the young perpia were regalo spaar produced would be a likely weapon to standing of the plaintiff's business,

wanted to be treated on an even footing. The met them in a proper way is quite another | Zdendals. The defendant's for on the

with Hght refreshments. cause those wounds. The marks on Wong

||result was that a number of compradores went matter. That matter will be discussed here- breach of contract to take over the Edendale Klu's thigh were the result of those wounds.

to the godowns of the debtor Erm, and after after. He may have been endeavouring to was estimated at the sum of Tis. 40,000, being Evidence of the arrest was then given, Chi

considerable discussion Mesin, Moyerinck promote the interests of one set of creditors | the loss of profit on the transaction and loss nere constable No. 66 stating that when he ar

rather than another. But that does not affect,, | occasioned by interference of the regular busi. rested the prisoner Ng Ngau, the latter said

in any way, the application for the prisoner's neas of the defendant's firm in carrying out the the old man Wong Klu stabbed me first,"

release. The only case is one of mere presump contract for the purchase of the Edendale and and showed a patch in his clothes where he

tion, and this man must be immediately dis- | making the necessary arrangements to fit her had manded the ren?made at the time.

charged, with all the costs incurred up to the out as a hospital ship. In the case of the present time. In future, I cannot accept aff. occurrence of a breach of contract to take over davita merely made by compradores in this the said ship this amount. had been agreed to matter There must be some statement be paid to the defendant by the wald", "Baroo. that the declarations or affidavits are made Ward. The plaintif requested the defendant with the authority of their principals. It to hold the said cheque for Tl. 9,600 until the may be that the principals would not be said flour contract was signed. The plaintiff able to say that they, themselves, believe failed to give the said contract for delivery of that the debtor is about to, abscond'; but the | four to Vladivostock, to the defendant and court must have some warrant for believing about January 1905 the sald cheque for Tis. the statements of the compradores, and that 9,000 was cashed by the defendant with the can best be achieved by a statement that the consent of the plaintiff. principals themselves believe the statements of In order to carry out the said contract their compradores and bellers that the applica for delivery of four the defendant obtained a tion should be made. Mr. Bowler has made guarantee from the defendant's bank at Shang- special application that the debtor should not | hai to the smount of 710, 1,300,000 or there.

|

His Lordship said he could not see bis way to accede to this.

Mr. Ferrots then addressed the Court at great length to show that Chow Kwong's & Co. withdrew their claim to the goods. ignorance of Saigon went to prove that he His Lordship.The only question is, was never could have lived there for fourteen years, this man about to abscoad, or, rather, was there as was stated. He knew nothing about the any reason for believing he was about to principal features of the city and entirely igabicond? There is no doubt that on the Bih, gth, 10th and 12th June he was in The augument continues.

intimate business relations with bis splici- tors and that the petitioning creditors, saw him up to that day, and all his efforts then were--perhaps not exactly in pay his debts but there is no evidence that he intended to frustrate the bankruptcy proceedings by absconding.

Mr. Bowley, I submit there is considerable evidence. I don't allega that this man intend ed to abecond on the 8th, 9th, roth, 11th, or 12th June, but afterwarde

His Lordship. What evidence is there, be tween the 12th and 11th, that he was going to abscond

His Lordship raid that statement was inad-norant of its topography. missible, unless the constable warned the pri- Boner before allowing him to say anything. The constable sald he did not warn him. The first prisoner said the trouble prose out of an alleged theft by Wong Kiu from the second prisoner, and the latter wanted to go to Wong's to get some money to make up for the theft, and asked the first prisoner to go with him. He did not want to go at Arst, but afterwards be went, and when he got to the house he saw Wong Klu chasing two other men out of the house with the spear. The old man then stabbed him, the first prisoner, and another man snatched away the spear and stabbed | defence,

A SUPPER PARTY

DISTURBED BY POLICE. "

33rd inst. The propristress of a boarding establishment in Pottinger Street, was charged before, Mr, F. A. Hareland this morning, with creating a disturbance at her residence.

Mr. M. J. D. Stephone appeared for the

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to

NAVAL NOTES,

dhe 17th inst. The British sloop" Cadmus has left fo Wellsiwel.

4A

The Iphigenia will leave for Bingapore saf

Monday morning

The dockyard authorities are making pr patations to reft the Diadem as flagship e her arrival in the Colony.

"M.S. Andromeda is expected to proceed Weihaiwel on Tuesday, and will convey som of the new destroyers to the northern base,

The Admiralty has ordered the twin scre shallow-draught steamship Saxapifer, Licu Com, H. T. Allay, to be recommissioned i soother term of river service on the CER