1928-06-12 — Page 7

THE “WANTED” MAN CASE.

THREE MEN CHARGED WITH KIDNAPPING.

ARGUMENT ON BAIL.

Mr. Bennett applied for a week's remand, informing his Worship that there was much detail to be gone into and many accounts to be examined.

two watchmen concerned in the

case.

THE HONGKONG - TELEGRAPH,

SHANGHAI COURT SCENE.

CHINESE LAWYER ARGUES WITH JUDGE.

TUESDAY, JUNE 12, 1928.

CURIOUS POSITION MOTORISTS" NASTY PRIVATION & PER

OF CREDITOR.

REFUSAL TO ACCEPT STAMP DUTY.

DOCUMENT ALLEGEDLY NOT LEGAL FOR 20 CENTS.

EXPERIENCE.

PEKING FOREIGNERS ARE FIRED ON,

LUCKY ESCAPES.

Poking, Juno 7.

a

IN TIBET.

DR. FILCHNER'S THRILLING EXPERIENCES:

HOSTILITY AT LHASA,

Bombay, June 1.

28

ORDERED TO SEAT.

The three Chinese who previous- Disorderly scenes were witness- ly appeared before Major C. Willed in the Shanghai, Provisional

A party of foreigners consisting Dr. Filchuer, the Gorman ex- son on a charge of kidnapping a Court, on Friday last, when six

of Mr. H. N. Steptoc, a Vice-Consul plorer, who is staying in Calcutta! "wanted" man named Mui Yat- students appeared before Judge

at the British Legation; Captain for a few days before returning chuen were brought before his Hafung and Mr. Van den Berg for

John P. Ratay, the assistant milito: Europe, had, a thrilling-tale 30] Worship again.this morning, when judgment in the cases in which Mr. T. G. Bennett informed the they were charged with offences TWO MONTHS' DELAY.ary attache at the American Legs tell a Press representative of tion: Mr. Kendall, an American privation and perllin Tibet over a Magistrate that he had been in-resulting from their endeavours to "structed to appear on their behalf. enforce the anti-Japanese boycott,

Because the Controller (Colonial resident of Peking; and a German period of eighteen months.

chaplain, Dr. Ziegler, had an ex- Dr. Filchner started on the ex- Two of them were charged with Treasurer) would not stamp a docu-citing experience whon making the pedition from Russin and his first having prevented persons from ment, his client, through no carrying on their lawful business, fault of his own, was deprived of trip from Tlentsin to Peking in task was to complete the Russo-

British motor-car today.

Chinese magnetic link, by establish namely, the transportation of his legal rights in recovering over Twenty-five miles out of Tien- ing a connexion via the West goods from Pingliang Road to Soo- $300, declared Mr. C. A, S. Rustain they came on some retreating Asiatic European magnetic not chow Rond, on May 31, in Yang- in the Summary Court this morn Fengtien troops who opened with the Chinese net, which was The Magistrate granted the re-

The four others ing during the hearing of a heavy fire on the car, hitting it made by a magnetle survey party mand and fixed bail of $500 for tszepoo Road,

were charged with having con

action against a guarantor for

from the Carnegie Institute. the first mun and $100 each for the seated six balca. of cotton of $825, The case was heard by M.. several times,

The foreigners stopped the car He stayed for a year near Kun- Japanese origin, which were being Justice Jacks.

and took refuge in a ditch but Bum in a big Tibetan monastery, The plaintiff was, Un Man-chik, the Chinese soldiers advanced to where he renewed aaquaintance taken from the wharf to the

141, Bonham Strand East, merwards them, still firing heavily, with the priests whom he had met godown on May 28,

chant, who claimed from Au After waving a handkerchief tied in a former Tibetan expedition. Fung-chau, and the Tin Shing to a stick, Captain Ratay climbed While staying near the monas- King Kee restaurant, both of 2 out of the ditch and, after several tery, Dr. Filchner fell ill and At the outset of the hearing, Mr. Percival Street, Causeway Bay, marvellous escapes from bullets, would have died but for the atten- Pou Tsing-yuh stood up in Court the balance of money lent by the managed to persuade the soldiers tion from the English and Ameri Mul Yat-chuen was then brought and said that he represented the plaintiff to Au Pak-ming. hefore the Magistrale, and Mr.accused but he was

to cease firing and to allow the can missionaries stationed there. told by the

The repayment was guaranteed car to proceed.

In Dr. Filchner's own words: F. H. Lovely, appearing on his be- Judge that, as he had not appear-by the defendants on December 7, half, asked his Worship to fix aed previously and another lawyer last year. Mr. C. A. 5. Russ was for alleged to be Japanese, had driven money was all gone, I had no It appears that another car, "I was absolutely helpless. My already had appeared for the ac- the plaintiff and the defendants at full speed through the soldiers socks, my shoes were practically cused, he had no standing in the were

while they, were on the march worn away, and it would have court.

On April 12, the case came be-shortly before the British car been absolutely impossible for me

eame along. The behaviour of to go on but for their kindness." Mr. Pou, however, declined to sit fore Mr. Justice Wood, who up- down and began to argue withheld Mr. Arcull's objection that the driver of the first car so in- At this stage, Chief Detective the Judge.

the document on which Mr. Russ cense the Chinese troops that Inspector Murphy informed his

was suing was of a double nature, they fired at it and then attacked Worship that the man who This continued for several being a promissory note and a the next car which approached originally swore the afirmation minutes until finally Mr. Peu was guarantee and, further, was not which happened to be a British leading to the issue of the war-ordered to be sented.

properly atamped. runts against defendunt was in Court. He asked for permission to put this man's name down as com- plainant, instead of the C.S.P.

Mr. Bennett then appiled for the books and documents seized by the police from the Hung Lee Company.)

His Worship told Mr. Bennett that he could arrange that with the police.

date.

His Worship remanded the de- fendant until Friday afternoon.

New Complainant.

In reply to his Worship, the C.D.1. said that at the previous hearing the man was not in Court, due perhaps to the fact that the de- fendant was brought up jumediate; ly after his arrest.

His Worship made the necessary alteration.

tlon,

1:

The Rail Question.

Mr. Bennett said he objected de

Ordered to Sit Down.

represented by Mr. A.

el Arcullii.

jone.--Reuter.

Mr.

his

No British Garrison. When he bad concluded labours at Kun-Bam he left för Tibet, hoping, he says, "to find a British garrison at Lhasa, but we were told that there, was no British garrison there.

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by the sight of the HONGKONG REALTY & TRUST

the

Order having been restored,

At Mercy of Officin). judgment was deliverixl. The

"We now found ourselves re- Mr. Russ said that unfortunately want of consideration." two students in the first charge

garded with suspicion. Soon, all; the when

document which Russ continued he thought he was ways of escape were blocked, the were sentenced to two months' detention each with no commuta- might have been part of justified in saying that at the time whole Tibetan garrison being tion into fine allowed and in the their evidence, was taken to the the other side had had inspection mobilized, and we virtually pri- case of the other four, the first stamp office in the ordinary way of the documents but gave no

notice that they were relying on "Seared Iwo acrused were found not railty a 31 stamp was affixed. on account of insufficient evidence It was subaquently decided that the fact that the "uarantee was not

instruments, the people becanic and the remainder were sentenced cents more, because the paper was

the stamp should have been 20 in writing.

His Lordship pointed out that if uneasy. I explained that 50 days imprisonment each in the nature of a double document. Mr. Russ was suing a guarantor instruments were for bringing the commutation into fine being re-An application was made to the he must do so on a written docu-un nearer, which made them fear fused. The six bales of cotton controller for permission were ordered to be returned to further stamp it, but this

that the grass would be spoiled Mr. Russ replied that it was up and the animals would die. their lawful owners.

refused.

to the defendant to raise a statu-

"Our position. was now danger- "It was a perfectly reasonable Lory defence that there was no ous" Dr. Filchner had two com- application as it was one of his document in writing.

panions, one an American, and thei | own oficials who told us what the His Lordship said he did not other, Dr. Mathewson, in Austrn- Mr. Van den Berg wided the stamp should be."

think it would be any use to go fallowing rider to the judgment:

lan. The plaintiff himself dealt with into court without some document, The latter secretly sent a mes- Hike Benger with one letter' to the this, with amarantor, you have to Viceroy, a second to the Dalai

The Deputy's Rider.

to ment Was

The travellers were not allowed i to leave their tunts at night but Dr. Filehner, by making a hole in the roof of his tent, contrived to continue his magnetical studies and the observation of the stars. Mr. Russ further submitted it!

Finally the secret reached the Was not a guarantee under the British authorities, who persuaded

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Mr. Loseby then applied for the bail of $5,000 to be reduced in the case of his client, pointing out that in a much more serious case bail of only $100 was granted. He said that the cumplainant was also in- volved in the cuse' in »which three

The literature, documents, the matter with the result that "It seems to me in a men were charged, and he did not

badges, etc.. scized at the without the assistance of think there would be any opposi-premises of the branch office in solicitor, he was at the mercy of the start off with something in writ Lamn, the High Priest at Lhasa,

Cast Seward Road show beyond oficiala. doubt that part of an extensive

ing in order to have a case at all, and a third to the representative a reduction of bail. At the same organization is established within Russ,

"It is obviously unfair," said Mr. It seems hardly neccessary to plead of the British Government In

"that П man time he told his Worship to note the Bimits of this Settlement, lone

should a statutory defence." TEs Lord. Lhasa, $325 because ho is ship later added that it would not that now that the complainant had which organization aims at foretold by the official that the stamp be necessary for the defendant to appeared, he would appear for the ing people to abstain from dealing is 20 cents less than it should be. Ido, anything at all, prosecution.

in Japanese goods and, if the jam going to put my client in the Bir. Loseby said it would be dif-people are unwilling to do so, to box and I am going to ask him if it ficult to complete the evidene for deprive them thereof by force, is not a fact that this money was the defonce at his client was in thereby causing its members to verbally guaranteed. prison, in which event it would be violate the law and expose them

Glasgow Corporation has forbid- "It is quite true that a guarantee quite impossible to go on with the to persecution and punishment. has to be in writing, but it is also statute applied entirely to money tion, which was allowed to depart

of Fraud Act. That the Dalai Lama to help the expediden Alsatian dogs to be carried in charge against the last three de-

true that no statutory defence can fendants. It would be to Mr. It is a well-known fact that, be raised without the leave of the lent and the guarantee in ques- from Lhasa. Bennett's advantage if Mr. Loseby's locally, incetingge advocating an court unless 24 hours written on was for payment of money on client were lo estapi, as he was, anti-dapanese boycott have been notice is given to the plaintis, his lost note. bringing the mat Serious charge held at, an equally well-known solicitor or counsel." possible against Mr. Bennett's place, which meetings are dominat- Mr. Russ added that he was clients.

id by a person whose identity and (taking teclinical points because he Mr. Bennett pointed out that a filiations are no secret, and, un could not help feeling he was warrant had been out against Mr. long as people of his mentality are morally justified in taking his case

· Loseby's client for the past two allowed a free hand in egging on as far as he possibly could owing to yeurs and the charges involved others or making it attractive to the stamp failure. something over $10,000. 11e them to cùmmit what may be! understood that in the matter of styled hostile acts against a

Written Document.

bail the practice was to fix a-figure | foreign stale, the Settlement Mr. Russ added that the other side somewhere around the sum in- authorities will be faced with wave notice that they were going to extreme difficulties in maintaining rely upon the special defence of peace and order.

volved.

Fixed at $2,000.

I take grave exception to the

Mr. Loseby stated' that the only misbehaviour of Mr. Peu. Tsing charges he knew of were in respect yuh, who, after pleadings in this of $1,198, $245 and $194.

enne were closed and before His Worship then granted bail judgment was pronounced, made a of $2,000.

written application to this Court for ball for the accused and signed and sent a letter purporting to come from the Chinese Bar A430- ciation, setting forth what is supposed to be the view the sald Association has regarding this case, namely, that all accused are not guilty.

C. D. 1. Murphy:-On behalf of the police, I consider that to be too light, because the other case hinges on this. If this case falls through, the other automatically goes by the board.

His Worship:-Oh, I think it is enough to secure the defendant.

C. D. 1. Murphy: Very good. All I desired was to secure his at tendance.

YUNNAN TUCHUN'S

ESTATE.

LEAVES THREE LAKHS TO

ELDEST SON,

Although the Judge pointed out to him that he had no standing in the present Court at all, he not having appeared for the accused during the trial, he insisted on making statements and in handing in his power of attorney.

Gross Misbehaviour.

1 respectfully draw the atten tion of the President of this Court to such groas misbehaviour and suggest that disciplinary steps be taken against him immediately.

Hongkong estate to the value of $334,700 was left by Tang Chi-yao, who died at Yunnanfu on or about Furthermore, I wish to expreso May 23, last year. Probate has my utmost surprise that Mr. Sih been granted to Tang Shao-skan, Yu-geng, who evidently desires to 87 Kowloon Tong, the oldest son, be considered the responsible legal who is the executor.The estate representative of the complainants

constata principally of deposits in in this case, should be so unprin-

local banks which are handed over | cipled as to get up in Court at the to the son to manage.

close of the trial, and endeavour The testator was General Tang to projudice his clients' case by Chi-yao, who for many years was invoking the Court's leniency on Tuchun and Civil Governor of the grounds of what he is pleased Yunnan Province. Driven out in to call the patriotism of members 1921, he was Chief of the General of an organization which, in this Staff in the Canton Government, particular case, most obviously and regained control of the Pro- aimed at the ruin of ils commercial vince in the following year,

competitors by illegal means.

CİRZA, BY MEA, BERVICE, INGİ

Stafute

It was really a primary liability and not a guarantee at all. With regard to whether the document was properly stamped the Control- er was not the deciding authority. but the court was.

Mr. Russ was proceeding to deali with the document to show why he considered it was not improper- ly stamped, when Mr. Arculì in- tervened with the remark that Mr. (Continued on Page 11.)

CLAM

"If he was the town champion when he was a kid, I was

born just fifty years too late,"

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