1922-11-01 — Page 7

PENANG WILL CASE.

Long and Difficult Case Closed.

The final scene in the celsbrated; Penang will case was enacted is the Supreme Court this morning. when the Chief Justice (Sir Wm. Rose Daviũ) gave his reserved written judgement.

Plaintiff was a young man whoj claimed to be Chan Thye-gan who by a will executed in Panurg in 1894 was bequeathed a share of the testator's possessions. Tha! defendants a widow, two Penang merchants, and an Ipoh merchant alleged that plaintiff was an impastor and that the Chan Thre gan mentioned in the will died in 1897.

t

Plaintiff was represented different times by Mr. C. G. Alabaster, the late Hon. Mr. E. H. Sharp and towards the end of thei case by Mr. G. K. Hall Brotton. Defendants (155 was conducted by Mr. Eldon Potter and Mr. F. C. Jeokin.

His Lorship intimated before. the vacation that the action would be dismissed, with costs. The reserved written judgment, de- livered this morning, goes into) the case in too detailed manner to be given in any way fully, occupying over eighteen type- written pages.

1.

THE HONGKONG TELEGRAPH.

LATE FATHER VAUGHAN,

The above is a reproddetion of a portrait of the Rev. Father Bernard Vaughan (whose death is raported); wh.cb was presented to him by East End workere and their children.

**THE FLAME OF LIFE."

At the Coronet To-day. "The Flamb of Life" which

is

the

#19

JAPAN'S FOREIGN TRADE.

Higher Figures for First Nine Months.

Reviewing the country's foreign hete. trade for the first nine months of pro- the year, the Japanese department of Agriculture and Commerce states that the value of exports and imports during the period shows an increase of 35 and 30 percent. respectively as compared with the corresponding terms of last year.

This case has been one of abnormal length and difficulty," asid his Lordship, and it places comes to the Coranet today.

Finnish tut on the Court the obligation of

shown deciding an important issue of that has been

also the secont fact on a mass of evidence in wany respects wholly conflicting.duction issued by the Swedish A verdict in favour of the Biograph Company that Hong- plaintiff would involve not only tang has had the chance to see finding of gross perjury on the and it ranks as a worthy succes part of many of the defendants or to the other picture "Love's Crucible." Modelled on a cele witnesses but also a wholesale

brated Finnish novel, it presents conspiracy. should think, almost norivailed in litigation on a dramatic story of love and passion, and the part of the hero the part of the representa- who is accustomed to woo and tires of & very Wealthy Chinese gentleman to fraudul in wherever he goes) is por ently deprive a youth of bistrayed in virile fashion by Lars legitimate share in his deceased Hansor. the fan. bus Swedish star. father's estate. On the other. For one other thing, and this not hand, a verdict in favour of the the least, is "The Flame of Life“ defendants involves & finding of notable it provides some wonder flagrant perjury on the part of ful glimpses of Finland's far- many of the plaintiffs' witness who are aiding and abiting him: to secure a share in an estate to which he is not entitled by per Fonating another long ago de ceased.

"I have bad occasion to com.

famed scenery.

TO-DAY'S MISCELLANY.

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an excess of exports witness over imports. Of the exports raw silk showed a remarkable increase against the corresponding period of last year, due to a revival in the silk wesving in- dustry in the United States. Tea Alsoshowed an increase on account of the clearance of stocks in Amencs. Further, the shipments of cotton yarn, silk fabrics, etc, increased. Among the exports which showed a decline are coal,

the import trade, rice, wheat, Woollen vars, and timber, showed an increase. while machinery, were Among those and lead, which declined.

Contrary to the bright expecta- tions in the export trade for the two or three succeeding months,; as reported last Augus, according to investigations made in shipping circles, the situation did not show couch improvement in Septembar. The Fordney Tariff Bill, which was put into effect on September. 22nd. did much to bamper Kobe exports to the United States especially in the Pacific Coast ser- vice and to New York. Christmas merchandise, which is usually moved during September, WAS not exported in balk quantities as in previous geste.

On the whole there seems to be no ground for optimism, though signs are not hacking of some im provement in business.

difficulties of a Judge without Bunt', the assistance of a jury having: quoting propes of the discus-paper, cement, beer and toys. Ja

to the finest views is decide cases based on questions of)sion a- fact where perjury on one side Rurale. On March 26, 1991. Mr. the other ard in som Blut cords: "I walked with cases probably on both sides, is Cockerell to Salatiel the nex rampant and where the decision Iquarer of Dans-cus where honses under the circumstances MAY are being built. The view from largely rest on probabilities, Sal-biel is among the first half- the other hand. I recognise the dera of the worid, the others the conitions prevailing in being perhaps ill the view over litigation here. bath as regards | Cairo from the top of Mokattam; interpretation at evilence and [14) the harbour of Rio de Janeiro the prolixity of Chinese witnesses, seen from Corcovade: (3) the greatly prolong the hearing of Lake of Genevs from the hills a case and would it flict a serious above Lausanne: (4) Constan- hardp on a jars of business tinople from the Towers of Galata: men were they constrained to sit (5) Red Sea from the summit in such case. This consider of Kalala. All these will sup ation alone governed me in not one's breath for under and bring FIPIC sing my right of having a tears to or e's ages. jury in this case, which is based entirely on fact and not on

law."

Mr. Asquith's seventieth birth Going into the facts of the case!

move the historical At great length end dealing brief day may ly with the chief grounds on which rudent to a reconsideration of the bis conclusions were arrived at curious fact that lawcers and bis Lordship went on to state politicians seem to be specially that, as to the books produced by blessed in the matter of robust old the . defendants. he found age. Indeed, it seems hardly fair that there WA* no proot to think of old age in connection of fraud or of improper tamper with the hale and hearty Mr. As. irg with the

accounts. Taquith of to-day, and with him, as anyone not familiar with Chinese with so many other great politi. witnesses the direct evidence cians, a seyentieth birthday may bearing on the plaint f's case be no more than an incident in a would seem to be conclusive. The still active, career. On the face 4 Judge accepted the defendants of it, it might be thought that direct evidence on the point of lawyers and politicians would death, which disposed of the plain-west out their faculties at least as tiffe' case. The onus of proving quickly as other men, for both his claim was on the plaintiff occupations demand long hours and be bad failed to do so, of intense aplication in condi- His Lordship said he did not tions not very favourable to good bealth, and both involve heavy believe him or his witnesses. With regard to the death certi nervous strain and the keeping of ficate produced by the defendante irregular hours. But the records who submitted that it related to of judges and Lord Chancellers contain some remarkable instances the Gap of the will and which, would, if conclusive, have com-

of vigorous longevity, and it pletely disposed of the plaintiff's might be possible to cite a long list of cases in which politicians case, bis Lordship remarked in passing that from the point of have reached the climax of their view of record, the entry (in the career after seventy. Gladstone,

meditating

bis seventieth Register of Deaths at Penang) as

on

a whole was unsatisfactory and birthday, put the longing for the explanation given by Mr. speedy release from public duty Abdul Karim as to the Registrar's fint in his desires, but destb or laxity or that of his staff was retirement at seventy would have more so. His Lordship was not cat whole, volumes out of his Batisfied that the defendants bad biography. At seventy Palmers- established conclusively that the ton had never been Premier and death certificate applied to the bad still to persuade his contem- poraries that he was a great man. Gan of the will,

Concluding his judgment, His Lordship bore testimony to the great zeal and marked ability had a difficult task to perform which characterised Mr. Brat He discharged it with great ton's conduct of the case. De- fidelty and left no point unraised prived by untoward circumstances which the ingenuity of an advo- in the course of the case of the cate could suggest in the inter- services of both his counsel, hel este of his client.

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