1921-05-21 — Page 2

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THE HONGKONG

ALLEGED MORTGAGE DEED FORGERY.

Chinese Charged.

TELEGRAPH.

SATURDAY, MAY 21, 1921.

by complainant to the mortgagee in connection with the alleged deed in his presence.

Answering Mr. Alabaster, Mr. d'Almada said he knew Chan Pui- chi sometimes spoke to him per- The hearing was concluded at the Magistracy yesterday after-sonally in connection with other noon of the case in which Pane could not have-mistaken com- dealings in English and Chinese. Kuen, alias Pan Yik Choi, is

plainant when he said he knew charged with forging a mortgage Pan lo very well. deed for $4,000 and uttering the Mr. Lindsell (the Magistraet)

same.

The prosecution alleges that on remarked that Mr. d'Almada's evidence was extraordinary and February 2nd, 1907, the accused defeated the prosecution's case. mortgaged his share of inland lott. d'Almada said Chan Pui-chi No. 1469, representing No. 227, told him he knew Pan Ho very Queen's Road Central, which was well, whereas complainant denied bequeathed to him and

knowing Pan Ho before the brother, Pan Ho, by his father, to alleged false mortgage deed was: complainant for $4,000, the mort gage deed being executed in Mr. F. X. d'Almada's office in the presence of Mr. d'Almada. After

his

executed.

Mr. Jenkin: Does your Worship feel that Mr. d'Almada's evidence stead of strengthening it? undermines the prosecution in-

His Worship: I certainly do at present,

paying two months interest to complainant, Chan Pui-chi, the accused went to America and was only arrested in April this year.

Mr. F. C. Jenkin, instructed by Mr. G. R. Haywood, appeared for

Chan Kwok-ming, a translator the prosecution, and Mr. C. G. Alabaster, instructed by Mr. Mac-of, the Supreme Court, was then

called to the witness-box. namar, for the defence.

Mr. F. X. d'Almada, attending

Mr. Jenkin said he held &n opposite view.

Witness was asked. by Mr. Jen-

on sub-peona, deposed that he had kin to compare the signature of no personal recollection of the Pan Ho on the alleged forged alleged forged mortgage deed mortgage deed with the genuine without referring to his diary, signature of defendant on a power His diary contained the following of attorney which he sent from on February 1st, 1907: "Instruc- America to his brother Pan Ho, tions from Chan Pui-chi to pre-authorising him to sell the pro- pare a mortgage of Pan Ho's perty.

1469. moiety of inland lot No.

Mr. Chun said the two characters Search inland office. Drawn mort-Pan could have possibly been gage."

It was usual for a pro-written by the same person. When definite posed mortgage to give such in-asked to give a more structions. It was also usual for fopinion by the Court, Chan said. been! proposed mortgagee to interview the two characters had his interpreters in connection written by the same person, this with the mortgage before ap-fact being evidenced in the style proaching witness. Witness went and shape of the two characters. to the land office to ascertain if Defendant's brother's signature there were any encumbrances on was different from the two signa- the property and the title of the tures, which he had been asked mortgagers. The following were to compare.

recorded in his diary on February Defendant in the witness-box 2nd, 1907: "Attending Chan Pui-denied that he went to Mr. F. X. chi on calling, he informed me he d'Aimada's office on February 2nd, knew Pan Ho very well, and he

was owner of part of inland lot 1907. He had known complainant No. 1469 and requested me to put for twenty years and used to call

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Mr. Jenkin: Is that the usual method of satisfying yourself as to the identity of the proposed mortgager?

Pan Ho on calling and attesting plainant's milk" (infant) name. execution of the mortgage." The He went to America in 1907.

Examined by Mr. Jenkin, de- part of the entry about Pan Ho, said Mr, d'Almada, was to ascer-fendant said he had not seen the tain his identity.

alleged false mortgage deed be fore, nor had he heard of his brother's action at the Supreme Court which resulted in the com- plainant's mortgage deed being impounded. The deed of No. 227 Queen's Road Central had been in his brother's custody since he Continuing, Mr. d'Almada said mortgaged his share to him. On 1907 he received someone purporting to be Pan Ho February 2nd. attended in his office. He could 33,000 from complainant as not say whether it was defendant. loan, for which he furnished com- his brother or someone else. If plainant a promissory note which the proposed mortgager and his

Mr. d'Almada: It is one of the methods. Sometimes the solicitor ascertains it himself.

share of the property which he also covered a previous loan of $240, His share of No. 227 desired to mortgage were not known to him he always insisted: Queen's Road Central was the only on the production of the property share he had of any property in deeds before executing the mort-¡ Hongkong, Fifteen months after gage, the main object being to pre- the properly, was bequeathed to

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Mr. Jenkin said that, if this practice in the execution of start a shipping company. When manager from whom he received impersonator and did the fuss of defendant's story was true, what the subject matter of the pre- he returned from America he his dividends. Mr. Alabaster sub-handing over $4,000, which might possible good could complainant sent charge, but did not remember offered to pay complainant $2,000, mitted a primafacie case had not be returned to him when he got get by taking a bogus man to Mr.. to the street, The other alter. d'Almada's office to get through whether the deed was produced or but complainant demanded $6,000. be established.

that сле of Mr. the mortgage of a friend's proper- Mr. Jenkin said in the course of native His business in America suffered

Defen- his address that Mr. Jenkin: Looking at the greatly during the war.

there was no d'Almada's clerks put through this ty? On the other hand, there was to the loan of $3.240 into diary is one in which this prae- dant produced a letter alleged to doubt a mortgage was executed in mortgage for the purpose of de- the motive of bringing the letter ****tice was adopted.

have written to him by complain- February 1907 in Mr. d'Almada's frauding not only the Pan brothers Mr. d'Almada: Yes.

He believed he had followed to his brother to get money to must have known who was the "dummy" whom he knew was an "No".

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ant with reference to the loan of office. On the evidence, the jury but the complainant. There was existence by defendant. Mr. Jenkin: How long have you 33,940. This document was found would not hesitate to find that no other alternative as it was im- curious that defendant should to Mr. have preserved this letter for 17 impute practised in Hongkong?-Since in his wife's clothing box since the deed of the property was pro- possible

his return from America,

duced to Mr. F. X. d'Almada, that d'Almada gross carelessness be years in the clothing box of his Throwing your mind back over At the conclusion of the evidence $4,000 was handed over by.com-cause he did not call for the pro- beloved wife during his absence case of putting through a "blind" Mr. Alabaster said the prosecu- plainant to the mortgagee in the action of the property deed and from the Colony, and destroyed the mortgage ( mortgage executed tion had hopelessly failed to prove presence of the solicitor, that the the deed could not be produced in other letters sent to him by com The complainant deed was either produced by de- the office by any person except plainant, which might contain se without the production of the the charge.

It was defendant or his brother. Mr.counts relating to the mortgage property deed)?-I can't tell you denied he had seen either defen- fendant or his brother. off-hand. I am sure to have done dant er his brother prior to at impossible, to think of how this Jenkin asked His Worship not to money. Mr. Jenkia submitted that

executed attach undue importance to the he had proved his case. lending at Mr. d'Almada's office deed could have been

Mr. Lindsell: I decided to com- Clean, Delicious & Appetising, it if I refer to my diary. Onco Tried Always Asked For. In putting through a "blind" in connection with the mortgage without the cognisance of one of part of the entry in Mr. d'Almada's

There were diary about the complainant's claim mit defendant for trial, but I European Menus a la carte at mortgage, you always demand deed, but in cross examination ad- the Pan brothers. All Hours. Teas, Ice Cream, indemnity from the mortagee? mitted he was a sleeping partner two alternatives, however, but to know Pan Ho very well, in view will remand him until 12.30 to- of the firm of which defendant neither of them could be accepted., of the fact that what might be morrow when I will formally com- Cold Drinks, Cakes, etc.,

There is Special Dining Room for dinner In this case you must have ask and his brother had been man- One was that complainant went to regarded as important by Euro-mit him after reading over his

Although a sleeping part- Mr. F. X. d'Almada for the purpeans would be considered of evidence to 15m.

either council parties, accommodating 40 per-ed for the deed?—Yes. song, with Drawing Room at Answering further questions, ner would not know the staff of rore of defrauding the Pan little import by Chinese in connec-necssity for

a tion with answers of "Yes" and Isolicitors to attend. tached.

Mr. d'Almada said $4,000 was paid the firm said Mr. Alabaster, he brothers and took with him

at all hours.

Yes,

DOINGS OF THE DUFFS

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FLL DISCUSS 17 WITH YOU LATER! TO GO ON AN ERRAND COME, I WANT YOU

WITH ME

WHAT ELSE,

LADY?

agers.

The Subject Was Dismissed--

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