1929-03-01 — Page 9

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BANK PRESIDENT SUED.

MR. INSTONE BREWER DEFENDANT IN ACTION.

BOARD & LODGING.

THE HONGKONG TELEGRAPH,

said the first suggested that plain- tiff should be non-suited on the ground that the real parties to the contract were not the plaintiff, but de- the plaintiff's wife and the fendant's wife, and that that agreement was supported by the fact that both Mrs. Simmons and Mrs. Brewer happened to be pos- sessed of separate estates and further that the contract was in respect of separate estatea.

That defence, anid Mr. Strellett, covered the defondant in the event of its being shown that most of the made by his arrangements were wife.

Mr. Instone Brewer, President of the Instone Banking Corpora- tion was the defendant in an ac- tion at the Summary Court yester- day afternoon when Mr. I Simmons, general works manager

Other Defences. of the Hongkong Engineering and

The second defence was that Construction Co. Ltd., St. George's Building, claimed $407, being the agreement arrived at on June $375 board and lodging for the de- 20 was confirmed on June 26. Mr. Strellett said it amounted to a set fendant and his wife at No.alf for board and lodging by rea- Century Crescent for June 1928, Hou of the claim made in tho and $32 being portion of wages duc counter claim to the action. to a wash amah for March, April

The "third defence was one of May and June last year at the rate abatement in respect of breach of contract regarding the use of a ear, that its use was withdrawn without discussion, and that this withdrawal resulted in damage to the defendant...

of eight dollars a month

Mr. Strellett said the claim was as simple as one could wish and it was only when one turned to the defence or rather to the series of defences-that he thought he was not putting it too high when he said I was one of the most re- markable series of defences ever put before the Summary Court.

Plaintiff came from Singapore in January, 1928, to be works man- ager of the Hongkong Engineer ing and Construction Company, The defendant is president and controlling executive of the In- stone Banking Corporation, an in- stitution having an office in Hoog- kong and branches elsewhere.

Mr. Strellett. sald it had been suggested on the other side that Mr. and Mrs. Simmons were per manently and not temporarily separated.

The defence supported that by saying that certain furniture in the house had been moved, that Mr. Simmons had invited lady friends to the house and that, he had had people there for tennis.

In evidence, Mrs. Simmons said the arrangement was made between herself, Mr. Simmons and Mr. When Mr. and Mrs. Simmons ar-

and Mrs. Brewer in the course of rived in Hongkong they stayed at a mutual conversation. The ques- St. George's Hotel and later le Lion of the use of the car was not cided to start a home of their own. discussed. Mr. and Mrs. Brewer They were able to find suitable ne- took up residence on March 1, hav- "commodation at 4 Century Cres-

ing the use of the largest bedroom, cent on the lower middle levels. If it having been agreed that they Was a large house, fairly wellshould pay $375 per month, As a furnished; Bal requiring additions, furnished house the premises had After inspecting the house they a number of shortcomings and Mr. found that it was too large for Simmons paid for articles Jike their needs alone and decided to linen, cutlery and crockery. get into touch with another, small family with a view to them shar- ing the house,

Visit to Singapore.

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+

KOWLOON SCHOOLS.

THE CONVERSION OF PARK SIDE RESIDENCE,

The Finance Committee of the Legislative Council, at a meeting held yesterday, approved supple- mentary expenditure amounting to $85,820.

Item No. 6: Public Works, Ex- traordinary: Kowloon, Buildings, Conversion of Park Side for School purposes and furnishing $9,000.

Hon. Mr. J. P. Braga:-In con- version of Park Side, I have looked through fansard for last year and have been unable to discover any discusion in connexion with it in Finance Committee. I should be rind if the Chairman would be kind enough to say whether Park Side is required to supplement the present accommodation at tho Central British School.

the

The Chairman.-It is nothing to do with the Central British School, if I remember correctly, It has to do with the school which occupied the military building at Gun Club Hill. On the arrival of bigger military forces in Colony, the military gave notice to quit their school and we had to make other arrange ments. What we did was to take Park Side, which was the former railway manager's residence, and convert it into a school for tho Kowloon Junior School.

15

Hon. Mr. J. P. Brugn-1 feel that in connexion with the ques Lion of Government Schools in Kowloon, we ought to have some nettled. policy In the provision of new schools. There are already two very large schools, one for girls and one for boys, and a third is already planned and will pro- bably be commenced this year. It appears to me that the Govern- ment is lagging about 25 or 30 years behind the timen in regard to school provision in Kowloon.

Hon. Mr. J. P. Braga. Yes, established by religious aneieties, and a third one is about to begin, and yet the Government is satisfied with buildings 25 years old, which were presented as 'a gift by a private resident, to the. Govern- ment.

The Chairman.1 do not quite follow you. You say that two Mrs. Simmons said she had pro-schools are already in existence? An advertisement, was inserted in a local newspaper and a letter perty of her own in Singapore and it was in connexion with it that was received, signed by Mrs. Brewer. Mr. Brewer met Mr.she left Hongkong for Singapore on April 14 or 15 by the Mongolia, Simmons at the beginning of February last year, Mrs. Brewer She expected to finish her business in two months, but did not hi fart saying that she thought the house

ratura ta, Hongkong until the end would be suitable. It wAS ar-

of the year. ranged that she should pay gnother visit with Mr. Brewer, when terms could be discussed. A few days later there was a general conver sation between all four and it was arranged that. Mr. and Mrs. Brewer should pay $375 per month.

Payment for an Amah.

There were two other bedroomus

in the lose which were not used alt. $1,100 a month. At first and the upkeep of the house was they thought that $375 would cover half the cost of the establishment,

but it did not and she considered the possibility of letting the other

The Chairman What is the building given to the Governnient 25 years ago?

།་

Hon. Mr. J. P. Braga--The Kowloon British School was a gift to the Government by Sir Robert To Tung. I should like to see a

FRIDAY, MARCH 1, . 1929.

ROBBERY TRIAL.

THE CASTLE ROAD SENSATION,

The case opened before Major C. Willson at the Central Magis tracy yesterday afternoon, of the prisoners arrested in connexion with the recent armed robbery at No. 10, Castle Road.

In the course of the proceedinga it was stated that Mrs. Wong Lung-shi, an aged lady, who lived at the house, was in a state of collapse as the results of her ex- perience, and had since died. fancy and jewellery stolen from her amounted to no less than 342,000 in value, of which only a fractional part had been, recovered, The "swag" was known to the police to have been taken to Cau. ton for disposal.

When the case opened yesterday, the first step by the prosecution was to withdraw the ease, on ac.. count of the lack of avidènça;" against two of the accused Dioy also applied for the discharge of a third man, named Fung Pun, in: order to use him as Klug's wite

ness,

An interesting off-shoot of the robbery case was then seen in the charging of Fung Pan with mall- ciously damaging a pair of hand. cuffs, the property of the Govern-

ment.

Story of Escape,

Behind the fresh charge lies, an interesting story, which has to do with the attempt which one of the other prisoners had made to escape from police custody. .It will be recalled that one of the first arrests made by the police in connexion with the robbery was of a man named Ho San, which took place at Yaumati. While be ing takch through Woosung Street, the prisoner made a suc ceraful dash from the custody of a detective and vanished.

WITH

Acting on the very naturai assumption that he would be endeavouring to escape Into Chinese territory, the pollee entrained for Sumchun and in- threepted the escaping man as he got out at the Station. They also arrested another man who accompanying the first, and it was this prisoner, Fung Pun, who was now being elmrged before the Court with maliciously damaging Government property.

It appears that after his UC- cessful get-away, Ho San went to

the house of his friend in a vil Ingo near Ho Mun Tin, and begged Fung Pun to free him from his handcuffs. To accomplish this, Fung Pun had to use 2 heavy chisel and hammer, but finally Ho

Mr. and Mrs. Brewer went into two rooms. She did not authorise much more advanced polley adopt San was left unencumbered.

Mrs. Brower to take in further boarders, however.

objected to the additional sew- With regard to the amah, the and witness suggested to Mrs. Brewer that she should pay $1 month per head extra.

the house an March 1 and were given the use of a bedroom and the general use of the rest of the house. The wife of the plaintiff was then more or less running the domestic side of the house and the first difficulty arose in April. De fendant and his wife were making use of a common amal for the pur;tion in view pose of having clothes mended and Mrs. Simmons considered that suck duties for a double household were too much and suggested extra pay- Mra. Simmons left for Singa- pore on April 15 and at that time, to all intents and purpones, she in- tended to remain for a few weeks

from Away

Hongkong. For various reasons, however, she re- mained away until the end of the year.

ment.

In connexion with his business defendant had to make frequent visits to Canton and elsewhere and

In reply to Mr. Strellett, who said he was forced to pat the ques suggested by the other side, Mrs. Simmons said she had never been separated from her husband. and that when she went to Singapore she intended to months. She had thing to suggest not return,

of what had been

return in two never done-any- that she would

was

Use of a Car.

In reply to further questions Mrs. Simmons said the car placed at the disposal of Mr. and Mrs. Brewer to take them to the city in the morning, bring them

in this connexion made consider-back to the house at tiflin and ablo reductions from his bill from again at night.

ed by the Government.

A New Pair. The Chairman.-I am afraid we cannot deal with the question of Detective Inspector Shannon Government policy in Finance told the Magistrale yesterday that i new pair Committee. We must stick to the the handcuffs were agenda. The point is, will the which had been rendered useless Finance Committee agree to the by the damage wrought by Fung of Park Side to take the place of the Agents would have to expend some vote for $9,000 for the conversion Pun. To replace them the Crown building formerly occupied by the $25 of the public money, it was Kowloon Junior School? I cannot indicated. go into the policy of the Govern-

ment in regard to Government Schools in Kowloon..

Hon. Mr. J. P. Braga. It was only just an expression of opinion on my part, that a tinkering policy is no good for Kowloon at the present time.

The Chairman.-I think you know, don't you. that other schemes are under consideration?

The vote was approved. Item No. 14: Public Works, Extraordinary: New

Kowinan,

His Worship decided to fine the culprit $20, while ordering him to refund the cost of a new pair. Failure to meet the amount would hard labour for the accused, mean a sentence of five weeks'

Fung Pun was then held back in Court for the purpose of his giving evidence as King's witness in the case against Ho. San and four others on charges arising from the armed robbery.

time to time. About the middle Mr. Brewer: When the Brewers Communications, widening Castle Castle Road, which

of March certain complaints were made by the defendant out of which arose counter

11

claim. When difficulties arose tho' de- fendant wrote a letter to Mr. Simmons in which he set down the alternatives for the future of the household.

Later Mr. Simmons received a visit from Mrs. Brower and a Mrs. Wheeler, when the plaintiff aug gested that Mr. and Mrs. Brewer abould take over the house. At that interview Mra Brewer sald the only thing to do was to leave on June 80. Plaintiff agreed to that, not seeing Mr. Brewer at that time because he was alck:

Payment Not Made. Mr. and Mrs. Brewer left on June 80 without any further din cussion. On July 5 Mr. Simmons

first came to the house was it made clear that you hoped to get other bourders? We hoped so. Did you at any time ask Mrs. Brewer to help in securing other residents? No. We thought of having a bachelor and not another married couple.

Did you ask Mrs. Brower to see the secretary of the Helena May Institute with regard to getting someone?-No. Mrs. Brewer saug-1 gesled that.

Did Mra. Brewer tell you that she had done, that?-No.

You

Peak Road to 60 feet width and filling in areas at Cheung Sha Wan, $30,000.

Hon. Sir Henry 'Pollock.--Docs this sum of $30,000 complete the work of this section?

The Director of Public Works, Yes,

to do with filling in the garbage Hon. Mr. J. P. Braga. Has this

dump at Yáumati?

The Director of Public Works

No, it is a different site.

never gave Mr. Brower authority to get other residents?— No.

was given for an extract to be read Mr. Brewer suggested that Mrs. from the letter indicating Mra. Simmons might have gone to

Simmons arrangement with Singapore

on the Malwa, Mrrard to extra payment for the Simmons said she went on the

Amah, Mongolia, Mr. Justice Wood com-

menting "I think you will find that right Mr. Brewer. I was booked

rang up Mr. Brewer and asked for payment for board and lodging for June. He was told that the on her." amount was going to be act off a claim he had on Mr. against Simmona. Mr. Simmons said that defendant had no claim and said

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THE CENTRAL BANK.

BRANCH TO BE OPENED UP

IN HONGKONG, -

الو

The Board of Directors of the The trial has concluded of five Kwangtung Central Bank has ap In his opening. Detective Ins- men charged in connexion with the pointed Mr. Ng Ka-shing as Chief pector Shannon said that on the bombing in a Greek club last Decem- Manager, and Mr. Chung Kai- afternoon of January 31, a party ber, during troubles arising from cheung as Assistant Manager of of armed men went to No. 10 the resentment of the waterside the Branch Central Bank in Hong- lies of workers at the employment of kong with instructions to proceed Caine Road in a quarter inhabited volunteer (largely non-British) la with its formation as soon as por by wealthy Chinese.

bour. Pifteen persons were in-alble; says the Gazette. It will be recalled that for the jured in the bombing.

Three of the prisoners, O'Con-organlaation of this branch bank, nel, McIver and Delaney, were Mr. Yip Ching, Assistant Manager sentenced to fifteen years hard of the Central Bank in Canton, labour each, the other two being was sont to Hongkong some time acquitted.-Reuter.

ago to seek suitable premises and offices formerly used by a French Bank ware secured at a' monthly rental of $1,000. These premises have now been repaired and re- novated by the owner, and aro ready for occupation

Well Planned Visit. Apparently they had timed their coming for a suitable hour, and when they arrived the only in mates left in the house-a three storied building-wore an old lady, old granddaughter, Mrs. Wong. Lung-sht, her 11-year

amaha.

and two

it was found that a cook-amah employed at the house, a middlo- aged woman named Wong Hol, was not above suspician, and she was in the end detained. She now sp, peared as the third defendant in the case.

Д

It was originally intended to

open the Hongkong branch at an earlier date, but reorganisation of the main office here delayed the formation of the branch.

A NEW OLYMPIA.

PLAN FOR ALTERATIONS AND EXTENSIONS.

On obtaining admission into the building by means which would be later indicated in the course of the case, they first seized one of the amahs, and went into the second floor, where the old lady The police also carried out and her grand-child were. Strings, raid at Yaumati, where a woman requisition and after the victima which led to the arrost of Ho San re and gags were then brought into was found who gave information in Des Voeux Road Weat as he was had been accured, the men pro- Brewer announced that he would jewellery,

After questioning plaintiff, Mr.

ceeded to look for money and hurrying to a shop known to the

polico. withdraw his number one defence, Without hesitation, they made

The two other prisoners were Mrs. D. M. Wheeler was called straight for the safe, and, using subsequently found in brothels by the defence and stated that on

a key which they had taken from at Yaumati. On one of them the Juno 25 she went with Mrs.

the old lady, took away all the police recovered a pair of gold In reply to further questions Brower to see the plaintiff. Mrs. Mrs. Simmons Baid that two dollara Brewer asked if he had come to

contents. Other receptacles for eur-rings and on the other.

London, Fob, 28. finger-ring, both of which had ho would refer the matter of pay-were deducted for

Olympia, the largest exhibition each day Br.] any arrangement and he replied money and jewellery were simil been since identified as part of ment for June to his solicitor.

Brower was away from Hongkong. that everything had been settled/arly rifled, and when they left, the the property taken away.

hall in England, passed yesterday Plaintiff's solicitor wrote the

The other articles and money into the hands of new Mr. Simmons-gave corroborative and Mr. and Mrs. Brewer would gang took away with them "swag" usual letter of demand on July Svidence, saying that he withdrew leave at the end of that month estimated to amount to $42,657. and a reply was received to that the use of the car about June 14 Mr.

Upon the departure of the rob. ad not been recovered, informa- who have decided upon plans for which, eald Mr. Strellett, formed as Mr. and Mrs. Brower wern

corbers, an alarm was sent through tion which had reached the police further extension and renewal of the subject matter of three bef abusing it. The consumption of In evidence, Mr. Brewer stated to the Central Police Station, not Indicated that these had been the building, which will take over a year to complete and will, it is actions. Mr. Strellett anid that de gasolene had gone up and he was that it was agreed that payment far away. When the police arriv. taken to Canton for disposal.

Detective-Inspector Shannon estimated, cost about £2,000,000. fendant, in a letter written in told by the chauffeur that the car for June should not be made, ined at the house, they found the asked his Worship to take enreful August, said his letter of July 7 had been used for shopping and consideration of the fact that he which was that occupied by the house, which had been specially most up-to-dato building of its When this work is finished front room in the second floor, was for the purpose of acquainting visiting expeditions, Witness said and Mrs. Brewer should go out at old lady, in a considerable state

note of the open grill of · the| Olympia will, it is stated, be the the other side with his defence. he was surprised when payment the end of the month without of disarray. Boxes which had photographed on account of its kind in the world. The letter of July 7 referred to a for board for June wna refused on notice, which entailed hardship,

Extensions will be carried out certain agreement, which turned the ground that the defendant had and that they should agree, to contained jewellery or money were importance in relation to the case

against the woman.

without interfering with events of - out to be a letter written by the claims on him.

waive a claim against him as land found strewn about the floor.

His Worship expressed a desire the coming senson, such as the defendant's wife while the negotia-

Mr. Strellett said he had a letter lord.

The old, lady was in a state of

to inspect the scene of the robbery Royal Tournament, International tions were in progresá,

written by Mra. Simmons to hor Mr. Justice Wood 'reserved judg collapse. She had since died,

and the case was adjourned with Horse Show and Motor Show husband but it was unusual to put ment, adjourning the hearing of a

Amah Arrested.

this, object,

British Wireless, such a document in. Permission' counter claim sine die,

Dealing briefly with the defences as set out in the case, Mr. Strellett

Brewer was called to roborate this evidence.

As a result of investigations,

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