1934-05-01 — Page 21

THE HONGKONG.

TELEGRAPH. TUESDAY, MAY 1, 1934.

DEFENCE SUBMISSION IN WOO HAY TONG CLAIM

EVIDENCE

OF BOOKS

MERELY A SECOND MORTGAGEE

MR. POTTER'S CASE

Submissions that the late Woo Hay-tong was merely a second mortgagee of the 5,000 Watson shares and that, oven if there was a sale, Woo was not him. self contractually liable, were made by Mr. Eldon Potter for the defence, when the claim for $81,188,93, maney alleged to be due to Mr. N. V. A. Croucher, local shorebroker, from the catate of Wao Hay-tong, was continued at the Supreme Court this morning before the Chief Justice. Mr. A.D.A. MacGregor.

Several people were injured whan a främstar over turned at Eltham, Kent, whifa being towed by an- other. The top of the vehicle was completely wracked. Photo shows the overturned, tramdar.

Defendants In the case are must both be established before Mesara. Strathmort Tathum Butlin plaintiff could possibly get judg and Henry Russell Forsyth, charments The first was that his tered accountants, of Gloucester Lordship must be satished there Building, executora to the estate was a 'sale by Mok to Woo of 5,000 of the late Mr. Woo Hay-tong, who Watsons; and, secondly, that there are represented by Mr. Eldon Pot- was a contract between plaintif ter K.C.. Mr. F. C. Jenkin, K.C., and Woo that Woo would himself and Mr. II, C. Macnamara, Instruct be liable contractually in the sum ed by Messrs. Woo

Nasir.

of $690,600. Mr. H. G. Sheldon Instructed by Messra, Hastings and Co., appears on behalf of Mr.. Cricher.

Woo Hay-tong had under taken contractually

to pay the $69,500, Mok must have been released, but the defence sub- mitted that on the books Woo had no ides he was contracted to Mr. Croucher for $69,500 and had dis charged Mok.

Mr. Patter, opening the ense for the defence, dealt with the admis- sibility of certain books in the pro- ceedings. The books he wished to bring before the Court were these In the handwriting of the late Mr.

"Our line of attack," said Mr. Woo Hay-tong. The first was that Potter. "on the plaintiff's case is which contained a reard of a twofold. Firstly, we submit that vances made to various parties on the evidence there was no sale againat security on shares, includy Mos. to Woo, but a pledge by Mak of his interest in these Watsons under circumstances which will be as a further security

considered. In other words, Woo Hay-tong brenme second mortgagee of these shares--a very ordinary transaction.

ing that of Mok Ying-kwaf. I not only set out the amount advanerd, Į but also set out the details of the

advances.

|

IMPORTANT DOCUMENT. The second document he wished to put in was a note made on the Moxon and Taylor share list. That

"Our second line of attack will document, he submitted, was one of be that even if there was a sale by the greatest importance in com- Mok to-Woo, it is impossible to sidering the question of credit be-believe under the circumstancea tween Mok and Woo. He would that

Woo made himself Con justify lla admission on the grouną Į tractually liable. that it contained entries against credit.

WHAT ADVANTAGE7

"Let us assume that there was

the circum-

RUBBER PRICES

LATEST

SINGAPORE

QUOTATIONS

Mesars, Benjamin & Potts are in receipt of the following Straika currency" quotations (buyers) from Singapore to-day for raw rubber:

Spot May/June July/Supt. Oct/Dec.

- 22 cis,

Market: Firm.

was notified.

23 3/4 cts. 24-1/4 ets. 25 eta,

PICKPOCKET GAOLED

YOUNG OFFENDER IN

men.

THE DOCK

RADIO BROADCAST

TO-DAY'S BROADCAST.

HAWAHAN SELECTIONS FROM THE STUDIO

From 2. B. W. on a wavelength of 365 metres.

4.30-7.30 p.m. Chinese Programme. 7.30-10.30

gramme.

p.m. European Pro-

7.30 p.m. Closing Local Stock Quo tallons, etc.

7.33-8.30 p.m. Variety Progrumme. 7.33-7,40. p.m.

Musketeers Molodies (No. 1).

The Four Musketeers. 7.40-8 p.m. From The Studio: Hawaiian Selections by Mr. Ray- mend Lui and Mr. Daniel Lui.

Programme.

(a) Drowsy Walters.

(b) Hawaiian yea.

(c) Hilo March.

(d) Don't Sing Aloka When 1 Go.

(e) Sweet Constancy.

8 p.m. Local Time and Weather Report.

8.03-8.30 p.m. Recorded Items. Vocal Duet-1' See You Again

("Bitter Sweet") (Coward).

+

Perry Wood and George Metaxa, Pianoforte Duet "Fortlight Parnda"

Medley.

Carroll Gibbons and John W. Green. Pianoforte Duct The Way To Love"

---Mierley.

Carroll Gibbons and John W. Green,

Sang-We Just Couldn't Sav Song-All Of A Sudden.

Goodbye.

Chick Endor and Charlie Farrell. Fox Trot-Did You Ever Sco A

Dream Walking.

Fox Trot-On A Steamer Coming

Over,

The B. B. C. Dance Orchestra Directed by Henry Hall. Song-Musle in the Air-Tho

Song is You.

Turner Layton (Tenor). 8.30-9 p.m. Orchestral.

Twice disturbed, once at the Central Market and a second time outside the Fire. Station, where he attempted to pick pockets. 11 Chinese, who was shadowed by h detective district watchman was eventually caught in Staunton Street, after the culprit had, nad A conversation with four other

The man, Mak Ying, aged 17 was brought Mr. Potter submitted that what years, unemployed, Mr, Croucher was doing was the before Mr. Macfadyen in the taking on, to his recollection of Central Police Court this morn-Waltz "Eugen Onegin

with loitering., He what took place, a legal inferenceng charged

taken personal Hability. that Woo Hay-long had under-pleaded guilty.

Detective-Inspector J. Murphy, prosecuting, said defendant had (previously received twelve strokes of the cane for stealing and had also been locked up several times for hawking without a licence.

WHAT WOO WANTED.

Counsel submitted that all Wou wanted was (1) to know that Croucher had the shares, and (2) that he wanted to tell Croucher he had an interest in these shares and did not want them parted with without notice to him. Otherwise was there any reason for such a contract?

(Tchaikovsky). The Royal Opera Orchestra Covent Garden conducted by Eugene Gooseens. May Night-Overture (Rimsky--

Korsakov).

London Symphony Orchestra con

ducted by Albert Conte. The Sorcerer's Apprentico

(Paul Dukes). Philharmonie Symphony Orchestra of New York Directeil by Arture Toscanin.

Replying to his Worship, In- spector Murphy said defendant had no rubber bands on him.

Fourteen days hard Inbour Pique Deme--Overture (Suppa). was imposed.

The Bournmouth Municipal Orchen- tra conducted by Sir Dan Godfrey. 9-0.20 .m. From the Studio. Mr. G. C. Pelham (H. M. Trade

At another stage, counsel asked GENERAL GOERING Commissioner) will spenk on. why Mok did not sell the 5,000

Watsons if he had

a profit of

$5,000 coming to him. He needed the money as security and seale would not only have provided him with cash but would also cleared his indebedness Lo Mr. Croucher.

hve To

WOR

1.

2.

RESIGNS POST

"Engineering."

"British Films."

0.20-9.65 p.m. A Scottish Pro- gramme.

Song-Afton Water (Robert Burns). Mary Garden (Soprano).

Concentrate on Air Band-Reminiscences of Scotland

and Defence

The next document was the envelope containing Mok's accu-

a sule by Mok to Woo. Why, then, rity, on the front of which was a should Woo, under statement as to the securities and stances, make himself personally amounts advanced. It showed the lable to the plaintiff and release true financial position between Mok? What possible advantage Mok and Woo, and one of the argu-could it have been to Woo Huy- ments for the defence would be tong? that it was impossible

to believe,

"My drst proposition is this:- whatever happened on June 1 or 2 That a sale of property which has Woo Hay-tong's custom that deceased bought 5,000 Wat been pledged or mortgaged to a never to be "earried," and was it

Berlin, April 30. sons and at the same time, third party does not create any not ̈remarkable” that in this General Goering, who has held though he was obviously a careful contractual inbility between the instance he should allow himself the position of Prussian Minister business man and entered in his book every single share he posses- mortgagee. The martagee, further, month when he had

purchaser of the property and the to be carried at 1 per cent, per of the Interler together with his Bed, that he should, for some unhas no power to prevent such a

something other posta, has resigned the office between $120,000 and $123,000 in in order to devote his whole countable reason omil those it Mok's story

sale. He is completely protected. the Chartered Bank?

energy to the Air Force and the was true that they Therefore, there is no reason why,

defence of Germany. were his own property.

from this point of view, there Referring to the book containing should be the slightest contractual securities set out in detail. Mr. liability between plaintiff and Woo Potter Haid Mr. Forsyth would lay-tong." prove that he took over 3,000 Coments, 1,500 Realties and 500 Hotels.

LAST ENTRY.

Continuing, Mr. Potter said that Mr. Croucher was protected be cause he must be paid in full before he need release the Mr. Potter then entered a book securities. On the other hand, dealing with the sale of 500 Real-Woo was also protected because ties on June 13, 1932, for $5.947. no sale could take place until he That, he said, was the last entry

made. It would be proved in

evidence that that sum was paid

into Woo Hay-tong's banking

ac-

Woo himself was not a pur- He is succeeded by Dr. Frick. chaser of Watsons and it was clear the Reich Minister of the Interior that he never intended to purchase

With General Goering's resignn- Watsons as an investment. Countion, President Hindenburg has sel said that because he made no created a new telch Ministry of attempt to redeem the shares and Selence, Education and Training did not even enter them in his own under Dr. Rust. advance book. He treated them as further security for Mok's indebtedness.

The case is proceeding.

DAY BY DAY NEWS IN BRIEF

count with the Chartered Bank on THE JUDGMENT OF A GREAT! that date. Mr. Woo used the name

During the week and one case cach

reported to the health authorities.

of Woo Mok Company at that bank, PEOPLE IS OFTEN WISER THAN THE mail-pox and diphtheria weIO but there was no connection with WEST MEN-Kossuth.

Mok Ying-kwai.

Average

C

further step towards the centra

The changes are described as a

lisalion conceived in the Nazi plani of Relch reform,--Reuter.

LEAGUE'S SILK EXPERT

GERMAN LOAN DISCUSSIONS

(arr. Godfrey),

The Band of H. M. Coldstream Guarda conducted by Capt. G. C. Evana. Vocal Gems-Harry Lauder (arr..............

Byng)7)

Scottish Male Voice, Singers. Orchestral-Fantasin on Scottish

Airs (arr, Mulder). Song-There's Nae Fuck Aboot the

De Groot and His Orchestra. Hoose (arr. Macpherson and Bentland).

Boyd Steven (Soprano). Song-Wee Willie Winklo

(Roberton)

Boyd Steven (Soprano). 9.55-10.12 p.m. Planoforte Bolos. 1. Scherzo No. 3 in C. Sharp Minor,

Op. 33, (Chapin),

Mischa Levitzki.

2. Hungarian Rhapsody,

No. 0, (Lizt).

Mischa Levitzki. 10.12-10.30 p.m. Dance Numbers. Fox Trot Had To Change The Words. Fox Trot-In Other Words We're Through Fox Trot--This Little Piggle Weat To Market. Fox Trot-In Town To-night, Wultz-Its Time To Say Goodnight.

10.30 p.m. Rugby Mid-day Press News.

10.35 p.m. Close Down.

TRAFFIC CASES LEARNER IN CHARGE OF MOTOR-CYCLE Hill Road, was summoned before E. S. Ford, of No. 12 Morrison

Magistracy this morning for allow Hamilton in the Central ing his motor-cycle combination to be driven by Liu Cheuk, an un Heensed driver in Hennessy Road on April 20, at 10a.m.

Trafic-Sergeant Paton stated that Liu Cheuk was an apprentice and had a learner's licence but it was not endorsed.

The reinfall recorded at the Royal CHINA TO ACT ON Woo.Hay-tong was a person very

Slipping from a seaffolding in the Observatory during the 24 hours well-known in the Colony, especialloon Ducks, Chung Sze, 21. of Ne, ended at 10 a.m. to-day totalled 2.02 RECOMMENDATIONS Jy among the Chinese community. 38 Bulkeley Street; received injuries inches. This brings-the year's total tu

which necessitated his being sent to 7.89 inches, against an whose reputation was very the Kowloon flospital. man

(Special to "Telegraph") 11.10 inches, high; a man whose statement, if he was alive to-day would have car-

Nanking. May 1. Knacked down by public car. Ne.

Acting on the recommendations ried

A Fair of the East will be held in much weight. In fact, every 242, driven by Ip Chiu, in Hennessy Bari, Italy, in the Autumn The Fair, of Dr., Benito Mari, the silk expert, statement in his books would have Road, an unknown Chinese received which wil be called Alussolinia Fair, the National Economic Council han some weight to-day in view of his internal injuries and was removed to will be efficially opened by the Head decided to raise $1,000,000 for the reputation and standing.

the Government Civil Hospital yester- of the

Italian Government. Any establishment of a silk flature at All through, Woo Hay-tong had day for treatment. His condition is person wishing to exhibit any wares Hanschow as a first step towards played a very generous part with reported to be good.

at this Fair, should communicate the improvement of the silk in Mok. He was helping him out of

with the Italian Consuinte, where they dustry and the encouragement of obvious financial difficulties Into A Chinese, churged before Mr. will be given further particulars.

silk exports. Central News, which Mok had got. He helped Macfadyen this morning for hawking

newspapers without a licence, denied The following forthcoming mar him out by lending him money in the offence. It was stated that de- ringes are announced:-Mr. Nortan considerable amounts without any fendant had one cent when arrested. Ells, engineer, of the China Light & interest.

Defendant said it was Insposable to Power, Co, Kowloon, and Miss Plaintiff's case, as it uppeared havs made a safe as a single cony was Elizabeth Alcock, nursing slater, of on the writ and this was a mal-worth four conta? A newspaper was 208, libson Road, Nelsin, Lanes., ter of great importance was that handed up to the Court Interpreter, England: Mr. Wong Ste-ming, of 48, was Nasan Rund, and Miss Rode Tang, Mak had purchased 5,000 Watsons ho confirmed this. Defendant

of 10, Mow Lam Sucet, Yauaunti.

Defendant said he had a com- which were carried by plaintiff, discharged. and on June i Woo lay-tong pur

petent driver sented in the side- Obtaining a cupliente key, n Chinese The reason of the Moi Sit Fong

car. He warned the apprentice to chased these shares from Mok and atole $715 from a safe in xtall No. Opern Co, which has been performing

observo the rules, undertook to be personally res-pu of the Central Market on February to packed houses at the Lee Theatre,

Traffic-Insp. Nicoll remarked ponsible to the plati That 16th. last. He absconded to Canton has been extended for mother week was to say, he entered into a con- where he disposed of all the money in by popular demand, hepoortuity German authorities and creditors at to drive, the police would give that if Llu' Chouk thought ho wna tract with pinintiff to pay him gambling. Dotective Cheng Wing-|'s thus offered to those who have never | $89,500 and compound interest at kan arrested him in Hollywood Road seen Chinese netings at its best, and regarding payment of foreign him a test at any time.

Both Ford and Liu Cheuk were one per cent, per month and Mokan Saturday night. Charged before particularly to any who are really nations in respect of medium and was to he discharged of all Mr. Macindyen this morning, the man, nterested in "Things Chinese" and long term loans were continued in enutioned,

Kam Chong-hing, 25, unemployed, van desire to learn more about the Berlin to-day and will be resumed The Chinese driver of lorry No. Hability. That was the caso on emily to the theft, tective Chinese and their customs. Com to-morrow. Sir John Simon. In 394 was fined $5 on a summons which the plaintiff must succeed. Sergeant P. O. Guild said defendant's any consists of over 80 actors and the Commons, and that, pending for having unserviceable tyrea on

brother was formerly employed at the "ctresses direct from Pelning and ESSENTIAL POINTS.

stall, the manager of which was Kanrformances are given nightly

their outcome, he was unable to his vehicle. Scrat. Patun stated But to succeed on that claim Ngok-fung. Six months' hard inbour the prices of admission rang make any further statement on that one of the offside rear tyres two things were essential and was imposed.

ing from 55 cents to $1,20," itho pubject.-British Wireleas. was very badly torn.

TALKS CONTINUING TO-DAY

London. Apr. 30. The discussions between the

of proven

RAINCOATS. Quality

Single texture rubber Waterproof. Well made and finished,

$17.50

Finc quality proofed Poplin. Seif lined, extra- light weight,

$45.00

Proofed Wool & Cotton Gaberdine, Half lined, light weight, very strong.

$60.00

All prices leas 10% cash discount.

MACKINTOSH'S [TD

ARTS & CRAFTS

Genuine Bargains

Sale

CRETONNES, TAFFETAS, REPP, POPLINS, ART SILKS ETC.

GOOD FOR LOOSE COVERS

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Colds

Severe illnesses may develop from a simple cold. Therefore take 'ASPIRIN' immedi

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