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to get the February accounts inserted. He did not go into the accounts because he was anrious to get away, and he thoroughly believed in Messrs. Chater and Mody as trusted friends. He returned to the colony about Christmas, 1889, and received the account produced on or about the new year holiday. He left the colony in the early part of 1891. He checked an account he received and noticed that there was something wrong concerning the Kowloon shares. He went to the Kowloon office and found that all his shares had been transferred, although they still remained in his name. He said nothing to defendants because he only entertained suspicions.
THE HONGKONG WEEKLY PRESS AND
statement was made out about the 4th of May. He believed it was after this that the agree- ment was come to with Mody, but he could not say. positively. The memorandnm might have been made out on the 11th of May, but it was most unlikely it was made out on the 11th June. In explaning his position in his red ink statement he made no mention of Mr. Woodin, as his partner in certain shares. He did not mean to say that Woodin's refusing to take up 500 of the 1,000 shares he promised to take up knocked him into a cooked hat; but it was after he had bought these 1000 shares that he felt he was cornered, and he approached Mody with a view to his taking back some of the shares he had got from him at a fair reduction.
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Mr. Pollock again addressed the jury on behalf of defendant.
On Mr. Pollock resuming his seat the jury intimated that they did not want to hear either Mr. Francis or His Lordship,
The Foreman (Mr. Dickson) said the jury were agreed upon all the evidence put in by defendants.
This was done, and having been put in possession of the exhibits the jury retired.
After an absence of about 20 minutes the jury returned and His Lordship read the ques- tions put to them.
The Clerk (Mr. J. W. Jones)—Are you agreed up on your verdiot?
The Foreman-We are.
upon such share in the meanwhile and taking credit for any calls made thereon or other oharges of any description?
After tiffin witness was oross-examined by Mr. Francis. In reply to questions he said I had never been in difficulties before 1880. Up to 1881 I acted as broker. Between 1881 and 1887 I had only speculated moderately in shares. I got the 1,147 Kowloons from defend. ants in April, 1887. The $50,000 or $60,000 was got by me, through defendants. I deposited securities for my over-draft of $339,000. The cheque for $70,000 refused by the bank was to pay Sassoon for margins on Sugar shares. His Lordship intimated that written questions I had bought a lot of Sugar and Hotel shares, might be put to the jury by Counsel through the money being advanced. The 1,000 Kow-him for difinite answers. loon shares given by defendant were put in the bank
security for 28
$70,000. In April, 1887, I believe I was in my right business senses. I was down with fever and was a little gouty. Mr. Appenes left me when I gave up my business. I transferred to: Hughes and Ezra my agency in the Kowloon Godown Co. Appenes kept my accounts and books after he left me. kept no memorandum
Top Clerk-Are you agreed with respect to books, I kept notes on slips of paper. I do not question one, that is, was the agreement as to fin- know where my letter books are. I left them ancing the Jane and September settlements with my brother. I was in continual communi- that alleged by the plaintiff or that alleged by cation with the firm of Hughes and Ezra whilst the defendants in paragraph 10 of the amended I was away. My brother still holds the power answer, viz., that the defendants should be at of attorney. I don't know when gave instruc- liberty to sell or dispose or make use of the tions for it to be extended. I certainly had to shares taken up by them for the plaintiff until give the instructions. I don't think I left written redemption, and should not be required to hold Instructions with my brother concerning my for or deliver to the plaintiff any specific shares, business. I made a stay at Singapore of only a but might deliver to the plaintiff or to his order few hours and went on to Europe. I first oame any shares of the same nature and kind, ac- down to the city to attend to business in Feb-counting for any dividends or income accured ruary or March. I don't know when I gave up the use of the second crutch. I could not Bay without making reference what business I did during February or Marol, I did not make enquires about the price or current rates for 200 shares I sold during those months. I possibly looked at the newspapers. I think I sold 500 shares through Vernon in March. had some correspondence with Mr. Woodin [Letter read] It depends on a persons's opinion whether one would be in a fit state of health to write such a letter. The writing is not like the writing of a person in a bad and shakey tate of health. I was not in a state of good health in November, 1887. I do not recollect writing to any one in November. A letter was produced, however, writen by plaintiff to defendant, who was at Calcutta). My hand. was never shaky. To my knowledge my brain has never been shaky; it might have appeared so to other people. When I returned in December, 1890, I was much better. I certainly asked for a further account of the one I had previously signed. I noticed two items in that last account were not the same as in the first account. I cannot say I remember anything about these two items be ing referred to in the letters passed by solici- lors. I never mentioned the matter to Messrs. Chater or Mody. [Letters were produced and plaintiff's attention called to matters he had pre-self as correct. viously seen but said that he had no recollection of. I don't know in what year the writing in red ink was made on this account handed me. It was not made in 1888. I had no red ink at the Blue Bungalow. I think I made it when checking the accounts in 1890, after. I returned to the Colony. The shares were sold to W. Short at the Race time in 1888. In 1890 I was moving about in my brother's office and living
the hotel.
The Court adjourned at four o'clock.
17th May. Mr. Francis resumed his cross-examination plaintiff, who in answer to questions said the atual agreement was made with Mody in Chater'
house. Beyond Chater promising to » his best for him with Mr. Mody the arrange. was, with Mody entirely. The red ink
18th May
[May 20, 1899.
CRIMINAL SESSIONS.
BEFORE THE Acting Chief Justice (HIS HONOUR W.. M. Goodman),
AN ABSENT PRISONER.. There was only one prisoner to be dealt with at the Criminal Sessions-Mak Ching Chi, who was charged with perjury. On the man's name being called, however, there was no response.
The Clerk of the Court (Mr. Seth)—The man was on bail and does not appear,
His Lordship-His bail will have to be es cheated then.
Mr. Slado, who appeared for defendant, said the man had gone to Canton on business. It had been a misunderstanding. He did not think there had been any wilful intent.
His Lordship-He has entered into a very jesty, that he will appear here, and surrender him- solemn undertaking, namely, a bond to Her Ma- self to this session. He has taken upon himself warrant for his apprehension and order his bail not to appear, and my only course is to issue a to be escheated. If he comes forward at the begining of next sessions and there is a proper
explanation made we will see what what we can do.
His Lordship having thanked the jury for their attendance, and informed them that their ser- vices would not be required, the sessions closed.
ANOTHER HIGHWAY OUTRAGE.
HONGKONG LADIES ATTACKED AND ROBBED,
15th May,
The fact that the perpetrators of the recent highway robberies have escaped detection so for has emboldened others to follow in their
steps. An outrage of an exceptionally daring oharacter took place on Bowen Road on Friday night, Mrs. Bateson Wright and Miss Wal- lace (of Belilios Terrace) being assailed by three Chinamen. It is believed that a fourth was on the look-out. The men were fairly well dressed and clean, and apparently were much above the ordinary coolie class. Singular to relate, Captain Superintendent May was him- self on Bowen Road on Friday night and came The Foreman-We are. ·
across three men He was not favourably The Clerk-Are you unanimous ?
impressed by them, but they were not sufficiont- The Foreman-We are. We are of opinionly suspicious-looking to lead him to stop them. that there was a distinct understanding that Mr. A. Seth was also walking along the road the defendants were at liberty to sell or dispose and heard the ladies' screams. He at of, or make use of the shares taken up by them for the plaintiff until redemption, and are not required to hold for or deliver to the plaintiff any specific shares, but may deliver to the plaintiff or to his order any shares of the same nature and kind, accounting for any dividends or income accrued upon such shares in the meantime, and taking credit for any calls made thereon or other charges of any discription.
The Clerk-With respect to question two, that is, did the plaintiff on the 30th June, 1887, agree to sell to the defendents 4,350 Punjoms and 735 Kowloons as alleged by the defendants. Are you agreed upon that?
The Foreman-We are. The Clerk-Are you unanimous. The Foreman--We are We find that the shares, 4,350 Punjoms and 735 Kowloons, were sold by the plaintiff to the defendants on the 30th June, 1897, as shown in the account dated 3rd April, 1888, and known as exhibit No. 21, which is certified by the plaintiff him.
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His Lordship Is there any other matter you wish the attendance of the jury for?
Mr. Pollock-No, my lord.
His LordshipWell, gentlemen, I am much obliged for your attendance. I need keep you no longer. I thank you for the patience with which you have listened to the onse.
Mr. Francis-I apply to your Lordship for judgment on that verdict for defendants with costs.
His Lordship I take it that these two an- swers were the answers you were fighting for.
Mr. Pollock-That is so, my Lord.
His Lordship The answers are equivalent to a verdict for the defondants, and I think there must be judgment for defendants with oost
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went to their assistance and the men mad once At the same time Mr. C. W. Duggan was on Kennedy Road. He heard some shouting, but thinking the noise emanate I from some Chinese he took no notice of it.
The affair happened a little before seven o'clock. When the ladies were near the new service reservoir they came across three China- men, apparently gathering ferns. They did not take much notice of them at the time, but they had only got a couple of paces past them, when the Chinamen rushed upon them. One of them seized hold of Mrs Wright and the other two struggled with Miss Wallace. The ladies were dragged down the embankment by their assailants. The one who had attacked Mrs. Wright endeavoured to blind her with pepper, and putting a knife to her throat threatened to kill her if she was not quiet. f course under the circumstances the ladies gave up their jewellery without demur. Mrs. Wright had a gold watch and chain and a gold bracelet taken from her, and Miss Wallace a gold curb ohain bracelet. A brooch, which was reported missing, bas been found. on the scene of the umbrella and a shoe attack, together with an 1 belonging to one of the Chinamen.
Of course the ladies received a great shock and were badly scratched and bruised, but were not otherwise seriously injured
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MÉ. A. SETH'S EXPERIENCE.
Since the above, which appeared in our extra on, Saturday, we have been able to glean some farther information as to the outrage. Mr. A. Seth informed a representative of the Daily Press
"I and Mr. Gregory and Mr. Apcar went for a walk along Bowen Road on Friday evening. When going eastwards we met four Chinamen, and they had no sooner passed us than we met
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