1922-06-28 — Page 7

LIREL ACTION.

A Bathroom Incident. Albart Tipe, chief engineer of} the sa. On Lee, brought an sation

SIKH SUES SIKH.

Judgment in Promissory

2. Note Case.

Judgment was delivered by M.

THE HONGKONG TELEGRAPH.

DABING ARMED ROBBERY.

Armed Jewel Thief Clased and Caught.

for $1,000 damages for libel Justice Wood in the Summary The Sun Companf big depart- agalost Yeung Yat-cho, parser of Court this morning in the sation meat store, in Des Voeux Road, the On Lee, in the Summary in which Cher Singh sued another was the scene of a daring armed Court, before Mr. Justice Wood, Sikh, Forja Singh, for the return robbery last evening when a me this morning.

The alleged libel was stated to of a promissory note said to have armed with a revolver, broka be contained in a letter, dated been handed to defendant by open a show case in the shop and May 8th, 1922, written by defen-he employ of Mr. G. R. Haywood, jewellery valued at several thou- plaintiff when defendant was in endeavoured to get away with dant, by his agent Mr. F. E. Naab, solicitor. Molicitor, addressed to the Szo

sands of dollars. An exciting. Yap S. S. Ca

The defendant was not a bailes, chase ensued, the fugitive firing The letter in qusation was as|said his Honour in the course of at the crowd, which ended in the follows—"I am instructed by his judgment. The contract of capture of the alleged thief, bat Mr. Yeung Yat-cho, the parser bailment in this instance was be- not until he had been shot at and on the On Lee, to report to you tween the plaintiff and Mr. Hay-wounded by the police

of the improper conduct of Mr.wood, a solicitor, who was the The store was full of customers Tipe, chief engineer of the said employer of defendant. The at the tima, thair being an annual ship, who on the afternoon of the understanding WAS that thesalo in progress. "Salesmen were; 6th. inst. broke the bath-room chattel- promissory nota-alarmed to see a well-dressed in order to look therein while my should be re-delivered to the Chinese suddenly break open a client's daughter Miss Yeung plaintiff by Mr. Haywood and not show case with the butt end of a Ping-sin, a passenger from Kong by his clock. The defendant, revolver, seize a quantity of valu- moon to Hongkong, wa un-therefore, was required unly to able jewellery, put the same înto dressed and having a bath, well establish that the document was small rattan handbag and then knowing that my client's daughter not in his possession at the time bolt through the side exit. The was therein, and to request that of the demand made on him by the burglar alarm bell was sounded such conduct be inquired into by plaintiff. And, further, the onus by ons of the Company's privats your Board of Directors.”

was not upon him to disprove watcbinen, who at once gave Plaintiff contended that the possession st that time until some chase to the fugitire. The wards meant and were understood presumption of possession, either bue and cry was raised and the to wean that he was depraved by the evidence or in Isw, had scene soon became one of great and immoral and was unfit to be been raised against him.

[oxcitement and alarm. The thief employed, as chief engineer on "I bave found," his Honour thought he would give his board the steamer. Alternatively. [continued, "that the defendant in Pursuers the slip by running into plaintiff contended that the words the course of his duty as Mr. Sincero's premises-in st са used meant that he had been Haywood's clerk, and within the door and out of the other-but guilty of immoral conduct. He scope of his authority as such, he was closely followed out of had been injured in bis credi: received the promissory note in Sincere's and up Wing Fet and reputation and brought into question from the plaintiff doring Street towards Queen's Road public scandal, ridicule and con- the month of February last. The He turned twice and fired at tempt.

defendant left the employment of those giving chase, but the Defendant denied that he wrote Mr. Haywood on March 31st. On shots, fortunately, went wide. or published the letter mentioned: one occasion during the latter half Policemen, armed, joined in the words had no defamatory of March and on another occasion the chase and in Queen's meaning: and they were in-about the middle of April, the Road the man was almost stopped sufficient to sustain the action. plaintiff demand the return of by a Chinese constable and later

WAS

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In the alternative, defendant the document from the defendant. ran into a Chinese detective and contended that the words were On each occasion the defendant & European sergeant. The robber written (if at all) without malice replied (and, as I have found, fired at them and managed to get and in the belief that they were falsely replied) I have never by, ons of the shots just grazing true, and it was a privileged received it.'”

the sergeant's arm. The Police action and under the circum-

then fired at the man, wounding **In my opinion," the Judge him in the hand and back. The stances A privileged com continued, "the delivery of the revolver was snatched from the munication. The letter addressed to the Company, by in Mr. Haywood's office during side

promissory note to the defendant thief by Sergt. Mac Walter out- whom plaintiff and defendant February raises

refreshment shop in were employed, in raference to a presumption of bis possession of collapsed on the pavement out-

Do samcient Jubilea Street. Later, the thief ENGLISH MADE matter in which the defendant the document during the motto side a shop near the Central and the Company had a common of March, while he continued in Market, when it was found that Gras

Mr. Haywood's employment and

he WAB seriously wounded

ambulance motor for and the men Wa. conveyed to the Government

interest.

In the lurther alternative, the fortior no such presumption in

words complained of taken in respect of the month of April, gent Tho

Luban

WAS

their natural meaning so far as after he had left that employment. purport to express facte, were Any presomption of coctioned Civil Hospital, where, we under- true in substance and fact.

physical possession which arises from the fact of delivery has been stand, he lies in a critical coo- neutralised by the evidence that dition.

Mr. M. K. Lo sppeared for plaintiff and Mr. W. B. Hind con- ducted the defence.

WAS

Mr. Lo explained that on the On Lee there was a bathroom deck reserved for officers only. On the afterncon of May 6th., the false statement made by the visited the shop on a previous chief officer, who was now the defendant relates only to the date Captain, overheard's conversationis

February

which On between Mrs. Yeung (defendant's document was received by him wife) and his "boy." The coo-

dact as a servant, whose duty it value of the goods being $8,800. delivery was made to the defen- The handbag, containing the

jewellery

recovered, the was to transmit all documents to The man was known to have the custody of his employer. The

14

the

occasion.

Besides the robber, who is 22 years of age, there were admitted to hospital two other young Chinese men who were walking in Des Voeux Road at the time and were wounded. One Was

versation was, merely that the Plaintiff had failed to prove the "boy" was instructed by Mrs, first fact on which b's claim must Yeung to get the bath read for be based, his Honour continued ber. Toe chief officer instructed namely, that at the time of from Yaumati and the other the " "boy to explain that the refusal to deliver, the defendant was a shop assisten: of .137. balb was reserved for officers in fact bad the promissory note Des

Road Voeux only and that there was a bath in his possession.

the former having a bullet wound below for passengers (Mrs. Yeung On the are considerations the in the hand and the other`a being a passenger). Mrs. Yeung plaintiff's claim in conversion similar wound in the calf of his took no notice and gave instruc also failed. tions to get the bath ready.

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'ALEXANDRA BUILDINGS, HONGKONG.

GIRL BEATEN BY

MOTHER.

==

Police Chief Inspector Prosecutes,

!

alleged

The next witness was Mrs. Kerr, who stated that some time before I p.m. she saw the defendant beating the child round the room, pressing the girl against her knees and beating her legs. The beaking went on for about twenty minutes.

The Magistrate :-Previous to that have you seen her beating the child?

Witness:Yes, OB several Occasions.

the

W65 Faughtiness Central,

against a 4-year-old girl by a respectable-looking young Chi- esa woman who was charged before Mr. E. W. Hamilton, *: Regarding the recovery of the

the_Magistracy this morning, The chief officer sent for the their own costs.

Each party was ordered to pay jewellery, it appears that whilst with ill-treating the child. The

the thief was running near the

defendant lives on the top market his rattan bag opened

door of 13, Wyndham Street, and the jewellery, which fell out, slightly opposite the quarters room being used by Mra. Yeung, explanation was given and ap was secured by the Sun Com of Chief Police Inspector Kər

the pany's fokis who were following who and his wife are the chief that at 3.15

carpenter, Mr. Lo continued, and

of the bathroom to prevent the

directed him to remove the door

accepted

apply to the

by

bim.

THEATRE

PROPRIETOR'S EXCUSE.

B

witnesses in the case.

The defendant told the Magis- trate that she chastised the little girl in a rage which was caused by the misconduct of the latter, whom she found miring some hair gum with sauce and medi- cipal water and drinklog it yesterday afternoon when she

Toe Magistrate :-Was beating more severe then ordin- sry chastisement inflicted on children-Yes, in view of the girl's age.

Continuing. Mrs. Kerr snið p.m. ebe heard the girl BUTORM. Getting out of bed, she saw defendant inflicting another beating on the girl, and the strokes could be distinctly heard in her quarters. The defendant appeared to be us hands behind her back and beat ing great force. She tied the girl's her lega. Subsequently the girl was forced to sit on a stool against & wall.

ایه اشمه

WEB

The carpenter, not knowing that parently anyone was to the bathroom. Company. tried the door and found it was Before be concluded his open- locked. In order to carry out the ing, Mr. Lo referred to a quarrel chief officer's ordera, he went to between plaintiff and defendant. the window, which was one of In March last those windows, Mr. Lo explained, tiff

year plain- took free passengers

to which lift up and down. Koogmoon and defendant The carpenter felt a pressure made a report to the Company. against the other side of the win-alleging apparently that plaintiff Business "Very Slack." dow and knew that somebody persistently took free passengers.

returned home. was inside the room. He at once The manager wrote to plaintiff

Chief Inspector Kerr slated in Before Mr. E. W. Hamilton, at evidence that when he went to left the window, the people inside telling him that in future If he the Magistracy this morning, the his quarters at 1 pm. for his

Examined by the Magistrate released their grip and the struc-wanted to take his friends be proprietor of the Ko Shing Theatre tiffin he saw the defendant bear Mrs. Kerr said that the previous ture fell and broke the glass. should The carpenter waited a little for

office was summoned by Lance-Ser-ing the girl with the stick and of chastisements took place within tree ticket. Sub-geant Hallam for breach of his feather duster. Shortly after, the last three months. while, and, after a few moments, eequently plaintiff struck defen-theatre Licence in that he allowed the defendant ceased. The child

Corrobérative evidence an amab came out, followed by a dant and ever since there had people to go on the stage and was sobbing when defendant's given by Sub-Inspector Pincott young girl, who afterwards turn-been a foud between thera.

obstruct the gangways.

husband returned home. At 3,30

Defendant denied that she had ed out be to defondant's daughter. Defendant then came along and Court by Mr. F. E. Nash.

Evidence was given to the!

The defendant pleaded that p.m. he received a report from previously thrashed the girl. scenery was used for the perform his wife, as a result of which he

Yesterday the child received a told his daughter to go down to the cabin.

Mr. Lo asked witness what it was necessary to have men on Superintendent of Police, who she bad already mentioned, and aoce on the night in question and interviewed. Mr. King, Deputy few strakes for the offence which Plaintiff's cabin was next to the instructions be received in the the stage to lower and pull up the ordered him to take action against bo continued crying up to 4 bathroom, but plaintiff was actu-matter. ally on the bridge at the time,

scenes. As regards the obstrus- the defendant. Accompanied by 'clock. Failing to stop her crying Mr. Hiad objected to the question, he presumed it was caused Sub-Inspector Piacott, he visited she gave her several other strokes with the chief officer, and when tion. There they beard the noise they both argument on this point of law Sanitary Board coolies, who went found the little girl sitting on M

some legal by Government servants, such as 73, Wyndham Street and there sad tied her hands. Defendant said that she - considered the came down and discovered what and the objection was upheld. jato the theatre without tickets. stool with her hands tied behind punishment necessary: (as bad occurred.

Mr. Young Hee, plaintiff and It could not have been caused by her back with pocket handker-warning to her child as there The carpenter would state, Mr. other witnesses were called in the audience, as business was chief, sobbing bitterly. He was poison kept in the house. Lo went on, that during this time support of plaintiff's case.

very slack that night. plaintiff was nowhere near the Cross-examined by Mr. Hind,

moved the girl to the Station bathroom.

His Worship adjourned the after Sub-Inspector Pincott had Mr. Lo asked his plaintiff said he did not break the case for a week in order to released her hands, the child Honour to find that defendant) window.

examine the theatre licence. know that plaintiff had nothing'

WAS

וי

If the daughter says you were to do with the breaking of the looking in when the window was gians.

broken --She is not telling the On May 15th.. continued Mr. truth.

2

I told her that if she would- apologise she would regain my affection, but she was stubborn, clinging to him and trembling said defendant. She is my ow like a reed, to a state of child and there is no reason why great fear. Shortly afterwards should treat her Bat if the defendant and her husband your Worship forbids me to basi RELIEF FOR CHINESE STUDENTS arrived at the Station in company her, I will not do it in future.

with Bab-Inspector Pincott: The The defendant expressed a desire A Peking report states that the girl was sent tolche Government to call her basband "t Government is sending $20,000 to Civil Hospital and subsequently: The hoaring was adjourned Tokyo for the Chinese students to the Po Leang Kuke where, the ing for an explanation, which until next Friday.

there.

lodged during the night

Lo, plaintiff received a letter from If the auch says she saw you the manager of the Company, en braak the window ?-It is not cloning a copy of the latter he had trus, received from. Mr. Nash and ask-

IN JAPAN.

(evidence.-

The case was adjourned until “July 4th, bail (6200) as bettin

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