1929-03-16 — Page 28

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THE HONGKONG TELEGRAPH, SATURDAY, MARCH 16, 1929.

A COUNTER CLÄIM.

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 whone visit articles belonging to Mrs. Brewer were found to be missing, were made in the Sun mary Court yesterday afternoon before the Puispe Judge (Mr. Jus tice Wood) by Mr. N. Lastone Brewer, the President of the In- stolle Banking Corporation.

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

on

Wednesday for leave to appeal ngainst the judgment, when leavo was refused.

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 is conducting his own cuse, and Mr. D. L. Strellett. is appearing for Mr. Simmons.

Three Claims.

Mr. Brewer counterclaimed on three grounds. He cinimed 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' negligenco and by his brouch of cluty na a boarding house keeper to take reasonable caro for the safety of property brought into the house. A serand claim was for $375 as damages in that Mr. Simmons did, by threats, promises and actions, compel Mr. and Mrs. Brewer to vacuty the premises on June 30 without the notice to which they were entitled. The third claim was for $350 for trespass. Mr. Brewer alleged that Mr. Sim- mons, on or about June 11, un- beknown to Mr. and Mrs. Brewer, invited sundry persons to make use of Mr. and Mrs. Brewer's bed- room and bathroom and to make use of their property.

In outlining his ease, Mr. Urew- er addressed the jury at consider- able length, tracing the history of events from March 1, 1928, when he and his wife became lodgers until June 30, when they left. He explained that Mrs. Simmous left the Colony in March, 1928, and did not return until last De- comber.

Articles Missed.

On June 10, Mr. and Mra. Brewer went 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- mons was informed, he blamed the boys. Mr. Simmons admitted that he had had three girls at the house to play tennis but ho aafd 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 placod. in the hands of the police.

From information obtained from the servants by the police, search warrant was obtained and. accompanied by Mrs. Brower, 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.

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After the search, continued Mr. Brewer, Mr. Simmons tried to get sented himself from meals and, noj zhould 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 of were willing and anxious to give Mr. Simmons' claim was heard. Simmons is a gentleman, and now He pretended to make an agree Mr. and Mrs. Brewer should be evidence with regard to the Mrs. Brewer gave corroborative he is naturally rather shame-fae- ment, continued Mr. Brower, forgiven and Mr. Simmons' cur- criminal proceedings, were dia- evidence, in the course of which od 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. Prior to leaving, no de Mr. Brewer pointed out that his flower, the identified was here. keep 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.)

SALESMAN $AM :

"MORNING.MR.GUZZĹEM. IN TH' BACK YARD】【I SUPPOSE YOU REN

IS MR. SAM IN? I WANT TO SPEAK TO HIM ABOUT HIS BUMP DELIVERIES»,

GRESIF PLASTER

HE'S JUST GETTIN'

READY TA SET SAIL AGAIN –

MEMBER THAT YOU DROPPED THREE PARA- CHUTE BASKETS OF |GROCERIES DOWN TO

ME YESTERDAY ~

Not a Bad Idea

› SURE THING! AN' HOW'

00 YA 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 AWPHY-AND I HAD TO CHASE

AFTER THEM –

GOSH, THAT MUST- BE A TERRIBLE

NUISANCE --

WINY DON'TCHA MOVE

INTO "TH' VACANT

HOUSE?

By Small