1931-06-01 — Page 8

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THE HONGKONG

FRAUD ALLEGED IN APPEAL.

"TWO INNOCENT PARTIES". VICTIMISED.

LAW OF AGENCY.

TELEGRAPH,

MONDAY, JUNE 1, 1931.

GAOL FOR DAGGER] POSSESSION.

INDIAN SUCCESS.

DINNER GIVEN TO TENNIS CHAMPIONS.

COOLIE STEALS SPECTACLES BUT RETURNS. THEM.

The success of four members of the Indian Recreation Club in the Open Tennis Tournaments Just concluded was celebrated on Saturday evening their when

a dinner was given in

er NOT "WANTED" MAN. honour at the Club's new pavillon at Sookunpon.

It is a case in which two per-

The guests of honour were Mr. Following the discovery of a' fectly innocent parties have been c. A. Rumjahn, who won the dagger in the possession defrauded by a third," said Mr. Singles Championship, Megars. S. A. former odd-job workman of the Leo D'Almada, Junior, in the Full and II. D. Rumjahn, the doubles cham-Catholic Seminary at Aberdeen, Court this morning. in appealingpions, and Mr. J. A. Casaumbhoy, on the police made inquiries into a against a judgment delivered by of the runners-up in the doubles with number of armed robberies which the Acting Puisne Judge (Mr."C. A. L."

committed during the Mr. A, el Arculli, the President of had been Justice Lindsell) in the Summary Court.

The Judges are the Chief the I.R.G., was in the chale. He con- Dast few weeks, but failed to con- Justice Sit Joseph (Kemp) and ratulated these four players on their meet the man with any of these

success and said that it was seldom-utrages. Mr. Lindsell. The appeal is

he was not sure the achievement was being made on behalf of the Chip not unique that four players of the Chung Firm (defendant-appel-ame communlly and the same club Jant), the other side being the had won both the singles and doubles Cheong Fat Loung Kee (plaintif titles, besides providing the rammers respondent).

up in the latter tourney.

Continuing, Mr. Arculil sak he was sure he was echoing the sentiments of those present when he said that the community and the RC. wore proud of them. (Applause),. He concluded by naking the gathering to drink with him to the future success of these four young tennis players.

Mr. D'Almada, instructed by Mr. Horace Lo, of Messrs. La and 1, for appellant, while Mr. H. G. Sheldon, Instructed hy Mr. F. C. E. Rendall, of tussis. Russ and Company, is for respondent.

Originally, the Cheong Fat Loong Kee sued the Chip Chung firm for the sum of $116.50 for goods sold and delivered, and judgment was given for plain appreciated. with costs.

responded, thanking the gathering for Messrs. C. A. L. and S. A. Rumjahn the honour gonferred assuring them that it was very much

on them and

Besides the serious charge of] being in possession of a dagger, the man was brought before Mr.

the Central

Police Schofield, at Court this morning, and accused on three separate counts of theft. of articles from workmen at the' Seminary.

The defendant pleaded guilty pair of to a charge of stealing spectacles and also of being In possession of a dagger. On twa! pleaded not guilty. charges of stealing clothing bet

Sergeant R. Cunningham, who prosecuted, accepted the pleas. Mr. R. M. Onar, in a humorous and said, in respect of the first; case. Mc.peech. told the gathering that may charge. that the defendant and In presenting his

years ago, lie had foretold that Almada sald he was not disput.C. A. I would one day become taken the spectacles some time ing the evidence, but was disput-champion of the Calong and His

between May 1 and May 25. On ing the Judge's findings of that prophecy had come true. He remem-

the morning of the latter date, be the spectacles to evidence.

bered that years ago, he used to see returned the a boy in shorts, always with a racket owner. Subsequently articles of in his hand. Seeing the verarstness clothing were missed from the and determination with which this boy matshed in which the workmen went about practising, he remarked to lived together with the defendant, friend, “Chief (C. Ä, L's nickname) | who was allowed to atay there. will be champion of the Colony one

remember to Recalling the incident of the day!" He could not when he told this-ughter).but spericles, the defendant was su4- he assured then he really did!

Mr. Omar also amused the gather-searched the premises, but instead- ing with a comic song.

Dealing with the facts, counsel raid the firms had had previous business deadings with each other and for the

of those dealings the chip Chong dra em- ployed a man named Lam Man. who was authorised to pledge their credi In respect of the transactions the Chrung Fat firm would issue a debit note showing that payment would be made at the end of the month.

in

No Cash Pait,

firm TM left the August, last year, and A named Lam Yan was engaged by the Chip Chung to deal with the Cheong Pal firm, Because respon- dents would not grant credit to Lam Yan, appellants gave him cash to pay for goods he ordered and in transactions through respect of his respondents issued cash vou- chers, although, in fact, cash was not paid by Lam Yau on the spot. His method was to make a deposit, and, when ordering a new lot of Kooda, make a payment in respect of an old lot.

Counsel referred to the distinc- tion drawn by the Judge between credit vouchers and cash vorchers.

There were, he continued, three transactions which were in dia. pate, concerning goods obtained on January 16 ($152.55), January 31 $24), and February 3 ($240), all in 1931, in respect of which ensh vouchers were issued and na pay- ments were made. Au important departure in the procedure

that these last three lots of goods were received by Lam You per- sonally, while, in the case of Lam Man, receipt was acknowledged by masters of junks or ships.

WAR

It was found by the Judge. said counsel, that the appellants hadi héld out Lam

You as their agent, with authority to pledge their cre- dit; they were estopped from deny- ing that he

their agent and consequently, estopped from denying receipt of the goods, Res- pondents were negligent in a sense, in issuing cash vouchers when cash had not been paid, but that negligence was immaterial.

Authority Denied.

us

On the question of appellants hav ing held out Lam Yau their agent, counsel said there was, in fact, no evidence upon which a Judge could find there was such representation-that Lam Yau Was authorised to pledge their credit. Lam Yau had no such authority, and

bearing in mind that cash vouchers were issued, it could not be said that appellants' conduct in the unse was sufficient to show that there was ostensible and unam- biguous authority invested in Lam Yau.

The whole crux of the matter,

he continued, - was ́ ́ In the cush vouchera. Had debit notes been

issued. then appellants would

FIRST ROUND RESULTS IN SUMMER CUP.

pected and one of the workmen

BADMINTON SETS

Consisting of 1 Pr. Posts, 1 Full-size Net, 6 Shuttles, Book of Rules, 4 Rackets and 2 Double Presses,

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FOOTBALL.

Tel. 28151.

CAREFUL MOTORISTS.

NO SPEED INCREASE FOL LOWS ABOLITION OF LIMIT,

London, May 30.

The Sath China Football team en of Anding his clothes he discovered a dagger which the defendant ad-route to Juva played the Annamites Seleced at Saigon before a crowd of mitted belonged to him, He was

5,000 spretatura on Thursday and won KOWLOON GOLF CLUB. later handed over to the police and by 5-0. The scorers were Fung King- on enquiries being made it was rechoung (1), Log Waisteng and Chi vealed that the dagger had been Kwok-luen (2 each).

The brout effect to the now Road made by the defendant himself two

Act, according to exhaustive in- days before an armed robbery at workmen's beds during their ab-quiries made through their officials West Point, Further enquiries sonce at work.

in all parts of the country by the On the charge of stealing the Automobile Club and the Autom were made but the police were satisfied the defendant was not one spectacles, his Worship, cautioned obile Association, in that since its the defendant, as he hnd voluntarily introduction the British motorist of the "wanted" men.

On various occasions, the defen-returned them to the complainant. both professional and private, is dant had been seen searching the but on the charge of possession of definitely exercising the greatest beds of the workmen, but hia a dagger his Worship took a more care, and the reports on the aboli- Sentence of six tion of the speed limit are that thoro

1

Despite the heavy thunderstorm which swept the Colony yesterday, members of the Kowloon Golf Club courageously weathered the elements, and two further realilts in the Summer Cup competition were returned,

Both were Brst round ties, Il. Implan benting 1. Pooler, 2 and 1, explanation that he was catching serious view. and . D. Thomasr defeating G. Rus-ermin was always accepted. He months' hard labour was according has been no general increase in

apparently slept on any of thely imposed.

efl, 3 und 2.

SUGAR MARKET.

THE LATEST CABLEÐ QUOTATIONS.

The following cable at the close of the sugar market on Saturday has been received by Messrs. Pen- treath and Co.

London Terminals. March 1982 6/84 up . May 1932 6/10% up 1d. August 1931 6/4 up 14d. December 1931 6/6 up 14d. New York Terminals. Holiday--Market closed.

GOLE

as

the

Play it

ABE MITCHELL'S

RIGHT HAND IS IN CONTROL WHEN THE BALL

IS HIT. THAT

THE REASON

HE NEVER SWEEPS HIS HANUS BACK OVER HIS LEFT SHOULDER AT THE FINISH.

have known that the transactions Which band-the right or left- were on credi Had they done does the actual hitting in the golf nothing, in those circumstances, swing?

then it could have been found they I believe that the golf stroke is were holding cut Lam. Yau as their forehanded hit with the right

hand.

This can be reasoned agent to pledge their credit. Ap- pellants were always under the enalty by swinging the stick first impression that they were dealing

the right hand and then In cash because they gave Lam with, the left.

Note how much | You cash and received cash vous faster the clubhead travels at tho chers. Had they received a debit lowest are of the right hand. note, they would, at once, have swing.

made enquiries about it.

It is true the right hand is kept

speod,-Hritish Wireless

Special Attraction

Dr. Mei Lan Fan

will give a performance at the

LEE THEATRE

TO-NIGHT,

at 8 p.m.

IN AID OF

ST. JOHN AMBULANCE BRIGADE,

THE TUNG WAH HOSPITAL (Eastern Extension),

MINISTERING CHILDREN'S LEAGUE

'ADMISSION

He went on to say the Judge out of control until the proper had also found that there was hitting region is renched. It is continuation of Lat: Man's an- then that the left hand relin $10.00, $6.00, $3.00, $2.00 & $1.00

4

thority in. Lam Yau, but, counsel quishes command and the right submitted, there could be no such hand takes control, whipping the

clubhead through and along the

continuation. There would have line of flight

to be a new holding-out with each)

repeat that the golf swing la a one-handed fore-

now agent. In the present case band blow and is used by such Tickets on sale at Moutrie's and Lee Theatre

Man's had no stara AN Bobby Jones, - Abá

connexion with Lam Yau's transac Mitchell, Clarence Gamber and

tions.

The case in proceeding.

Bob McDonald, who are excep- tionally long hitters.-ART KRENZ.