1929-03-16 — Page 2

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Tolophone C. 763.

Alexandra Building.

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BHANGHAI

HONGKONG,

THE HONGKONG TELEGRAPH, SATURDAY, MARCH 16, 1929.

A COUNTER CLAIM.

MR. BREWER SUES MR. R. SIMMONS.

Allegations that Mr. R. Sim- mons, of No. 4. Century Crescent, had during his wife's absence In- vited girls to the house after whose visit articles belonging to Mrs. Krewor were found to be missing, were made in the Sum- mary Court yesterday afternoon before the Puisne-Judge (Mr. Jus- lice Wood) by Mr. N. Instone Brewer, the President of the In- stone Banking Corporation.

Mr. Brewer made the allegations in presenting a counterclaim to the successful action recently brought against him for rent by Mr. Simmons, when Mr. Simmons was awarded judgment for $375. When Mr. Simmons' caso was heard, his Lordship decided to hear the counterclaim separately, and that this course should not have been followed was one of the grounds upon which Mr. Brewer went before the Full Court Wednesday for leave to appeal | against the judgment, when leave

was refused.

on

The case is being heard by a jury composed of the following: Mr. A. Ritchie (foreman), Mr. W. B. Marshall and Mr. H. M/ Xavier.

Mr. Brewer in conducting his " own case, and Mr. D. L. Strellett la appearing for Mr. Simmons.

Three Claims.

Mr. Brewer counterclaimed on three grounds. He claimed, the sum of $268.75 in respect of per- sonal property stolen from No. 4, Century Crescent, on or about June 11, 1928, by reason of Mr. Simmons negligence and by his breach of duty as a boarding house keeper to take reasonable care for the anfety of property brought Into the house. A second elalm was for $375 as damages In that Mr. Simmons did, by threats, promises and actions, compel Mr. and Mrs. Brewer to vacate the premises on June 30 without the notice to which they were entitled. The third claim was for $350 for trespasa. Mr. Brewer alleged that Mr. Sim- mons, on or about Juns 11, un- baknown to Mr. and Mrs. Brewer, invited undry persons to make ase of Mr. and Mrs. Brewer's béd- room and bathroom and to make use of their property...

In outlining his case, Mr. Brew- er addressed the jury at considor- able length, tracing the history of events from March 1, 1928, when he and his wife became lodgers until Juno 30, when they left He explained that Mrs. Simmons left the Colony in March, 1928, and did not return until Jast De- cember.

Articles Missed. ̧

On June 10, Mr. and Mra. Brewer wont, to Canton and re- turned on the following day. Subsequently, articles of cloth- ing and a string of imitation pearls, belonging to Mrs. Brewer, were missed and when Mr. Sim- mona was informed, he blamod the boys. Mr. Simmons admitted that he had had three girls at the house to play tennis but he said so in such a manner that Mr. Brewer did not connect the two in- cidents. The boys' quarters were searched, but nothing was found and the matter was placed in the hands of the police.

From information obtained from the servants by the police, a search warrant was obtained and, Recompanied by Mrs. Brewer, 'n house was searched where two of Mr. Simmons' guests were living. There, Mrs. Brewer recognised an Imitation flower of hers, which she did not know had been stolen.

"Shamo-Faced."

After the search, continued Mr.

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Brewer, Mr. Simmons tried to get sented himself from menia and, no should be regarded as settled, afterwards, the servants, who agreement was not proved when them out of the house. "Mr. doubt, felt his position keenly." which, meant that the claims off were willing and anxious to give Mr. Simmons' claim was heard. Simmons is a gentleman, and now Ile pretended to make an agree- Mr. and Mrs. Brower should be evidence with regard to the] Mrs. Brewer gave corroborative he is naturally rather shame-fac-mont, continued Mr. Brewer, forgiven and Mr. Simmons' cur criminal proceedings, were dis- evidence, in the course of which ed as he has brought into public which was that Mr. and Mrs. rent month's rent should be fore- missed and could not be found. she said she was positive, that the what he would naturally desire to Brewer should leave the house at gone. Frior to leaving, no de- Mr. Brewer pointed out that his flower she identified was hers. koep private. He sometimes ab- the end of June and everything mand was made for rent and Lordship had found that such an (Continued on Page 15.)

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IN TH' BACK YARD

{MORNING,MR, GUZZLEM,

US MR.SAM IN? I'WANT / HE'S JUST GETTIN' TO SPEAK TO HIM ABOUT READY TA SET HIS, BUIMP DELIVERIES-,

FREFIT PLASTER

|Hamps off

SÁIL AGAIN -

SUPPOSE YOU RE-

| |MEMBER THAT YOU

[DROPPED THREE PARA+ [CHUTE BASKETS OF

GROCERIES DOWN TO ME. YESTERDAN –

Not a Bad Idea

{SURE THING! AN' HOW

DO HA LIKE THIS

NEW STYLE OF DELIVERY?

OH, ALL RIGHT, EXCEPT THAT THE WIND CARRIED ALL OF THE BASKETS INTO THE YARD OF A VACANT HOUSE FOUR DOORS AWAY - AND I HAD TO CHASE AFTER THEM --

GOSH, THAT MUST"

BE A TERRIBLE ·

NUISANCE

WHY DON'TCHA MOVE

INTO" "TK" VACANT.

HOUSE ?

, OFF/01108, WY HEA BONVICE,

By Small