1928-04-30 — Page 2

THE HONGKONG TELEGRAPH,

MONDAY, APRIL 30, 1928.

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THE LAND CASE ENDS.

JAPANESE EMPEROR. HEROIN AND MORPHIA,

BIRTHDAY CELEBILATED IN HONGKONG.

JURY. FINDS. FOR THE PLAINTIFF.

CHINESE MANDARIN FINED:

FOR POSSESSION.

MOSQUITO PLAGUE.

DR. KOCH SEEKS INFORMA-

TION ON ORIGIN.

A find of $2,000 was imposed by Dr. W. V. M. Koch has given The land ownership dispute casu The Japanese community yester- was concluded on Saturday after-day celebrated the birthday of Major C. Willson on Saturday on notice to ask the following ques- noon before the Chief Justice, Sir Hie Imperial Majesty, the Emperor a Chinese who pleaded guilty, tions at the Sanitary Board meet

through his solicitar, Mr. L. D. ing. to be held to-morrow: Henry Gollan and a special jury, of Japan.

: Will the Head of the Sanitary when judgment was entered for

All Japanese business premises Turner, when charged with the the plaintiff with costs. This case and shops were closed during the possession and importation of al- Department inform the Board whe has occupled the court for four day and everywhere the national teon grains of morphla and fifty ther any steps have been taken to discover the origin of the recent days, being commenced Wednesfing was in evidence, Japanese graine of heroin. day morning laat, and in order to ships in harbour were dressed and

Addressing his Worship, plague of mosquitoes that has been finish it his Lordahip, at, the re quest of the jury, sat all day on large numbers of children were Turner said that at the last bear prevalent on the island, and whe seen th the streets bound for the ing of the case he pleaded "not ther any efforts have been made to Saturday.

various entertainments. Arranged guilty" on behalf of his client be deal with this,

1. Can the Head of the Sanitary Mr. Department issue orders to enforce opportunity of seeing him. for them by the Japanese commu-cause he had not then had an nity.

Turner said he was instructed to the covering over of all, pail plead guilty to one charge, either closets; middens, manure heaps,

The jury thanked his Lordship for acceding to their wishes in this respect.

The Japaness Consul-General, The case was one in which Fek

Mr. Y. Murakami, held a reception Kam-chuen, alias Fok Karn-taun, alias Fek Kam-chun, 4 Hillyer in the morning at the Hongkong Street, sought a declaration that Hotel, where, he received the con- gratulations of Government of- he was absolutely entitled to three pieces of land. The de-ficials, members of the Consular fendants were Messrs. Thos. W. Body and other prominent resi- Simmons and Co., Ltd., in liquida- dents in the Colony, Lion, and the Bank of Canton, G Queen's Road Central.

The plaintiff alleged that his favourite son had fraudulently assigned land to Mesara. Simmons and through them mortgaged it to the Bank of Canton without his (plaintiff's) knowledge,

Mr. Eldon Potter, K. C., o gether with Mr. II. G. Sheldon instructed by Mr. E. Davidson, of Messrs. Hastinga, Dennya and Bowley were for the plaintiff, and the defendants were represented by Mr. C. G. Alabaster, K. C., and Mr. F. C. Jenkin, instructed by Mr. B. M. Watson. of Messrs Johnson, Stokes and Master.

The following speciał jury was empanelled to hear the case: Meesrs. P. Tester, (foreman), Wang Kam-fuk, Wong Kwong-tin, J. II. Taggart, R. Rodger, P. W. Parker and J. Oram Sheppard.

Mr. Potter's Submissions. Mr. Potter submitted that there was literally no evidence to oup port the defence that could go to the jury. He said he was leaving out the question of the power of attorney as regards the signatures, as it had been brought in at the last moment, but added that he would argue the point later, if required. There he said, no negligence in law of the title deeds and there was no evidence at all to show that the plaintiff was partner of Fook Lee and Company, and that as such he authorised his signa- Lures.

His Lordship held against Mr Potter on the latter point as fo there being 110 evidence, and counsel replied he would not press the point at the moment With regard to the adoption el the documents, he pointed out that that could only be done by another deed.

In his address to the jury. Mr. Jenkin remarked on the fact that Life plaintiff had been presented to them as an astute business man and the cross-examination had showed that he had arranged the

bodies.

·IF YOU FREL LIKE THIS Your Nerves Need A Tonló--

DR. WILLIAMS" PINK PILLS. When work or worry without.

two were obviously alternatives permeable layer of earth, to be of nervous energy a condition re- It is: session or importation, as the garden refuse, etc, with an im-sufficient test exhauste your store- Mr. H.A. Taylor, prosecuting, constantly renewed as required in aults called neurasthenia

nuisance of fly breeding during the 100 closely on business affairs; In fact, alternative charges, agreed that the two charges wore order to prevent the danger and met with in-mon who concentrate

Mr. Turner, continuing, said hot weather."

Dr. W. V. M. Koch, pursuant to women also, become similarly af that he did not mind on which Amongst those prebent were His charge his Worship proceeded. He notice, will move:"That this ficted through the stress and Excellency Major General Sir C. C.pointed out that the quantity was Board respectfully suggests to the strain of social life or of domestic To re-build exhausted forces Luard, C.B., C.M.G., Capt. A. J. Lory amall. Speaking of the de- Authorities the propriety of set-anxieties. Whyte, who represented His Ex-fendant, Mr. Turner said that his ting in action investigations lato

the possibility of devising means and re-vitalize ever-taxed nervea cellency the Governor, Sir Robert client had been a mandarin. Ho Tung, Mr. H. B. L. Dowbiggin, The defendant stated that when for the prevention of the prevalent there is only one right way and

diseases, such

as that is through the blood. And to Mr. J. P. Braga, Lt. Colonel T. A. he left Canton, certain friends ask-infectious Robertson, and many, heads of led him to take two little bottles of Typhoid, Malaria, Tuberculosis, strongthen, purify and enrich the local Japanese firms as well as re- what he was told was medicine to etc. It further suggests that such blood nothing better exists than presentatives of the Consular Soochow.

Defendant explained Investigations might be under- Dr. Williams Pink Pills for Pale » that he came to Hongkong in order taken by local medical men under People, the Tonle of world-wide The toast of II.1.M., the Emperor to catch a steamer for North China, the direction of the Government, of Japan was proposed by His Ex-He asked his Worship to overlook and that their reports be published reputation. Almost as long as you celleney Major General Sir C. C.the offence and added that he had for the guidance of the community; Pfile have been a familiar name to

never done this port of thing be- fore

In answer to Mr. Turner, defen- took place with regard to the dent said that he lived as a gentle- amalgamation, To put the plain-man of independent means at 500- tiff forward as an astute business chow.

Mr. Turner, at this point, stated man, continued Mr. Jenkin, and then ask them to believe his again that his client had been a ignorance, was an affront to the mandarin under the Manchus. Intelligence of the jury who had

When the defendant came be been empanelled.

carried the parcel quite openly in his hand. The two bottles con- taining a few grains each of mor phia and heroin were wrapped up

Luard.

'ST. PATRICK'S CLUB.

SATURDAY'S ENJOYABLE

CONCERT.

" can remember Dr. Williams' Pink

you; if you are a sufferer from any form of trouble due to im poverished blood or disordered nerves give them your conâdence now and the probability is you will think of them with gratitude. for the rest of your life.

Chemists everywhere can supply Another of the series of monthly them or post free, $1.50 per bot- concerta given at St. Patrick'stla, $8 for 6' bottles, from The Dr. Catholic Club was held on Satur-Williams Medicine Co., 60, Klang-

ae Road, Shanghal. day night and drew a large and gramme was excellently arranged appreciative audience. The pro- Major Willson asked whether he and was augmented by several entertainers, was right in saying that although well-known local the quantity was anali the drug whe were warmly received. was very powerful,

in a handkerchief.

The plaintiff had asked them to believe that he was ignorant of certain things, but that would be impossible unless he was deprived entirely of his cloak of innocence or placed in the category of a person who had temporarily lost his senses. It was inconceivable un-

The troupe, which is composed der the circumstances that the

Mr. Taylor replied that that was of Mrs. G. Gilmour, and Messrs. A. events should have happened un- known to the plaintiff. Was it so. He added that he thought that Sculthorpe, A. Turner, F. Wood- not taxing them too much to ask what the defendant was carrying ward, II. Hicks, R. Eccles, and them to believe, as the plaintiff were obviously samples, as he had T. S. Brooks opened the pro- had done, that he; although a in his possession what appeared to gramme with "Come to the Show," business man, was ignorant of be a price list and a scale of com- after a pleasing overture duct by his mission. He also mentioned that Rev. Father A. Riganti and Pro- the transactions concerning

the defendant, on being accosted, fessor E. Gauldi. The programme properly.

Counsel remarked on the fact objected to the packet being Included songs, vocal duets, piano duets, concerted items, and sket- that neither of the plaintiff's searched. sona, Fok Tat-fui and Hon Fui Mr. Turner pointed to the open ches, all of which were charm- had been called, especially to give manner in which the defendant ingly rendered and loudly applaud- vidence with regard to the power carried the parcel, to which the ed. Mrs. Gilmour and Mr. W. n. of attorney, and no one had been Worship replied that the very sim-Wilkinson scored one of the big- called to speak with regard toplicity of that act made it very gest successes of the evening with the sale of the Fook Lee business, efficacious.

the duet "Moonlight and Roses." Those persons

Mr. J. Braga rendered some ex-

were understood On being told by the prosecution to be in the Colony, but they had

not been called, although their that the defendant had no previ-cellent violin solos, while Mesars, evidence might have shed much ous record, Major Willson imposed light on the matter.

Counsel suggested that the real reason why the plaintiff did not

the fine as stated above.

Jury's Findings.

were responsible for some effective E. and G, d'Aquino, father and so:, vocal duels. Cello solos were con-

MRS. SEKAI

MASSAGE

6, Wyndham Street, Lat floor Hongkong.

MASSAGE HALL

MRS. S. UZUNOYE Expert MassEDSE

87, Queen's Road, C. 2nd floor.

Mr. Jenkin and approved by Mr. tributed by Mr. N. U. Botelho.

Mr. A. W. J. Gilmour, the stage No. see the documents for three and Potter afler a minor alteration.

manager, was responsible for de- details of other mortgages hima half years after he came to self. He was therefore, fully know of the matter was because

The jury retired and, on return-lightful scenic and lighting effects, alive to every movement in the he was conversant with the facts, ing, half an hour later gave an- present case and was able to but he took his present stand swers to the points they were re- anticipate, in order to protect when he saw the bank was going quested to consider. The follow in his name, (a) at. or about the

ot cross to exercise their rights on hising are the questions and

himself, the trend examination.

✓

Affront to Jury.

property.

the moment of execution, or, (b) auh- sequent thereto, but beford August 1923, and if so, when7-(a) No. (6) If plaintiff did know, did (b) No. ho take any, and if so what steps rior to August 1923 to acquaint Bank of Canton of the wrong- ful use of the said deed 7-No. (See No. 5)...

(7) If he took no such steps, did not his failure to do 'eo re

ult in prejudice to the Bank of Canton ?No.

Judgment For Plaintiff,

jury's replies: It was curious, continued

(1) Is the signature of the Tricked by Son. counsel, that the plaintiff should apparently have been in such a

Mr. Potter, in addressing the plaintiff to the assignment a for-

gery?—Yes, state of coma during the years jury, described the speech for the (2) If the signature to the as- when it was possible for his pro-defence as "very able and very signment was placed on the deed perty to be moved about and dealt ingenious, but commented that by some person other than the with without his knowing any- Mr. Jenkin had missed the plaintiff, did the plaintiff have thing about it.

mark. The question for the jury knowledge of that fact, (a) at the to decide was whether or not the time of its being placed thereon, plaintiff signed the first asalga-or. (b) at some subsequent time, The plaintiff's explanation was ment to Messrs. Simmons and Co., and if so, when,-(a) No. (b) un that he was in Cantón but counsel or whether he authorised his signal the disclosure of the document submitted that in view of plaintiff ture to be attached to it. Mr. was made,

(3) Was the plaintiff a partner. dealing with Simmons and Co., he Potter contended that the evidence must have had knowledge of what showed that the plaintiff, had In Fook Lee & Co. - No.

(4) Did the plaintiff authorise was taking place. The jury, he been let down by a favourite son

defendant one or other of his two sons, Fok went on to say, must reject the and, remarking on evidence with regard to the counsel's remarks with regard to Chung-yuen and Fok Tat-fui, to plaintiff's Ignorance of the amal- their not calling certain people use the deed in connexion with gamation of the companies, as witnesses, said they could give the taking over of the said Fook Counsel stated that the plaintiff's no valuable evidence on the issues. Lee & Co., from the first defen- did not wish to make an applica- evidence on that point was false If the books of the Fook Lee' firmadants, if yes, what was the aution, with the result that his and he must have had some idea were available it was up to the de-. thority, and was (a) the assign- Lordship gave judgment for the that there was going to be a fence to get them. passing of property to the new company. For his own case the plaintiff had had to declare his entire Ignorance of anything that

SALESMAN ŞAM

$10,000

IS THE PRIZE AT STAKE IN THE MERCHANTS SHAKESPEAR- IAN PLAY

CONTEST- |TIS PLENTY] TO SPURGUEZ SAM, AND

KITTY ON, IN "THEIR. REHEARSALS [OF ROMEO.

AND JULIET

NOW THIS is TH DYIN' SCENE,SAM! YA SEE JULIET ALL STRETCHED OUT LIKE DEAD AN' THEN YA KİLL YOUR- SELF, SEE! AN' DO IT ALL IN UP-T- DATE, MODERN TALK-REMEMBER

THAT!

I GOTCHA, GUZZ!

His Lordship summed up at length, after which he directed the attention of the jury to certain points which were drawn up by

MRS. MOTONO

HAND & ELECTRIC MASSAGE

BIB, Top Floor, Wyndham Bk

Hongkong.

W

DISTRIBUTORS,

When the jury's findings were Reiss, Massey & Co., Ltd. disclosed, Mr. Potter applled for judgment for the plaintiff and asked for the release of money which was in the hands of the Exchange Bidge,” Official Receiver,

Mr. Alabaster Intimated that he

ment, and (b) the mortgage made plaintiff with costs. In the terms. in pursuance of such authority? of paragraphs. 1, 2, and 3, of the The matter statement of claim. No. (See above).

of the money held by the Official Receiver was taken to Chambers.

(6) Did plaintiff have know- ledge of the making of the deed

Asking in Great Deal—

DEAD? MY FAIR GIRL FRIEND, DEAD? MIGOSH; WHAT HATH DONE.. "THIS? RESTAURANT HASH, I'LLBET! AH, HERE IS WHERE ROMEO BUMPS HIMSELF OFF! S'LONG CRUEL WORLD

TATA MUSSOLINI !50.

LOANED

BY

[5.6022629

SAME

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