June 18, 1904.] started the method of getting business together was by obtaining money on deposit amongst friends. The three alleged partners wentamon st their own friends and stated that they were partners, and in this way got together a con- siderable business. This method of touting commenced at the start and continued up to the time of b nkruptcy. The bank did a large business among American Chinese, as one of the partners had lived in America. He would prove that all three took part in the touting, but Lo Yuk Shang in particular. This con- tinued to the last Chinese New Year, when the bank was in difficulties, and early in March a run on the bank set in. Depositors went to see the three men in question, demanding their money and threatening legal proceedings. They were satisfied for the time being by a statement that if the bank could not pay the partners would do From about the 13th to the 17th of March the partners sent around daily calling meetings at the bank to discuss the situation. This continued till the two managing partners were arrested. At the meetings the two managing partners and Lo Yuk Shang were nearly always present. The partners never despaired, but made repeated assurances that if the bank could not pay the depositors it would be all right. On the 18th March the present pro- ceedings began.
80.
Evidence was led. The case was adjourned.
Thursday, 16th June.
BEFORE HIS HONOUR SIR W. M. GOODMAN (CHIEF JUSTICE.)
IN BANKRUPTCY.
THE PO FUNG BANK.
Upon the application of the Official Receiver. the Court had ordered that an issue he tried as to whether Lo Yuk Shang, Kwong King Tong、 and Kwong Yik Lam were partners in the Po Fang Bank at the date of the petition in bankruptcy being filed, or at such other date as the Court may determine.
Evidence was given in disproof of the asser. tion that these men were partners.
CHINA OVERLAND TRADE REPORT.
Several ladies were present in Court. asked the jury to put away from their minds Hon. Mr. Pollock in his opening statement anything they might have heard or read about the case and deal only with the evidence brought before them. The principal witness for the prosecution was Sheer Ali, an Indian who was employed as a Sainam, and lived in the same matshed as the watchman on the railway at deceased man. This witness Sheer Ali would be able to tell them that on the afternoon of the 23rd March he was in the matshed where the murder afterwards took place just before going on duty, and saw there the prisoner and the deceased man, who was a kind of head watchman, and had it in his hands to engage and discharge watchmen. and his recommendations on that subject were usually adopted by the foreigners in charge of the railway. On this occasion Sheer Ali heard the deceased tell the prisoner that he as discharged from further duty for sleeping on duty. Sheer Ali, în ordinary circumstances, would have returned from duty at 4 a.m. on the 24th, but about two o'clock he heard a shot fired and called out. Who fired? Prisoner replied, Ali neither saw any thieves nor heard them Come quickly; there are thieves.” But Sheer
whom he found standing outside the matshed running away. He went up to the prisoner. with a revolver in his hand. The first shot was followed by three or four others. Prisoner admitted that he fired these shots. He said to Sheer Ali, "You must come inside." Sheer Ali said, "You say thieves go outside; why go inside?" Prisoner then said, You must come inside; I show you something." They went inside. It appeared that the prisoner then wept, and said his brother
was dead. Sheer Ali saw the deceased man lying on the bed already dead, and he noticed there was some blood about his head; also. which was an important point, that the bed-clothes were smooth and even they | disturbed. He found that there was a bullet- did not look rumpled up or as if they had been wound behind the deceased's ear. Ali and the prisoner went off to the office and Sheer reported the matter to the foreigners, of whom three or four returned with them to the matshed to view the body. Afterwards Sheer Ali and the prisoner were left together in the matsal, and Sheer Ali noticed that the prisoner was shaking very much. and the latter said he could not sit down on th other bed near the body. Sheer Ali asked him what was the matter with him; and prisoner replied. "I am afraid." and then vomited. About six o'clock in the morn- ing another witness saw the prisoner moving about with a pillow on which the deceased His Lordship-Are the assets all right? The Official Receiver (Mr. Bruce Shepherd)|be an important point. The bullet fired at the man had been lying. which might turn out to -Yes, my Lord.
deceased man must have found a lodgment in His Lordship granted a receiving order and the pillow, and yet a few hours after the murder appointed Mr. Bruce Shepherd receiver on the it had disappeared out of the pillow. Sheer Ali also said that on the evening of the 23rd inst. he saw a Russian standing there in the matshed when he went in. This man had been taken in for the night as he was without employment. He was not forthcoming now, but one witness would state that prisoner said he told the Russian to go away. Sheer Ali got an order from Mr. Ward who was in charge of part of the line. to bury the body. He and the prisoner, along with two other Indians and five Chinese coolies, went and buried it in the afternoon of the same day. leaving the grave after the burial the prisoner As they were said, looking at the grave. You wanted me to be sent to Hongkong. Just now you lie there, and I have got my job and you are down." These words he uttered in an angry tone. Sheer Ali said to him, "The man good man; why do you say that?"
was a Pri- I wish the dogs would eat him." On the following day when prisoner was asked to subscribe $1 towards the burial expenses, he said. "I do not want to subscribe it. I would like to see him eaten by the dogs, but I will pay the dollar." Prisoner was then arrested, but was released from custody after four or five days. remarked to Sheer Ali that in China they Prisoner killed people like a fowl and nobody asks a word. Next morning Sheer Ali asked prisoner why he killed the man. Prisoner laughed and said. "I am sorry just now I have done this thing I could not help it." next morning the prisoner went away and Early was re-arrested in Hongkong. The revolver
RECEIVING ORDER.
In the matter of the Tung Chan firm, ex parte the Sui Kat Bank, Mr. J. Scott Harston, of Messrs. Ewens and Harston, solicitors, appeared for the petitioning creditors and applied for a receiving order.
Mr. John Hastings, solicitor, appeared on behalf of the debtors.
estate.
A MURDER TRIAL AT
CANTON.
AN INDIAN SENTENCED OF DEATH
Canton. 14th May. In the British Consular Court at Canton this morning the trial was commenced before Sir Hiram 8. Wilkinson, Chief Justice of the Supreme Court at Shanghai, of an Indian named Abdul Khalik, who is charged with having on 24th March last at Sainam murdered another Indian named Mahomed Jemal.
Prisoner (who is quite a young man) pleaded not guilty.
Hon. H. E. Pollock, K.C., barrister-at-law, Hongkong, conducted the prosecution on behalf of the Crown Advocate, Mr. W. A. C. Platt, Shanghai, and Mr. Francis Ellis, solicitor, Shanghai, appeared for the defence.
The following jury was empanelled :--Messrs. R. Leslie, W. Gates. L. H. Gilman, J. R. Powel Grant, and H. S. Smith.
Mr. E. A. Staunton failed to answer to his name when the jury list was read over, and in his absence was fined $50.
Mr. Hogg, who was elected to the jury, was excused from serving after he had explained that he was the only representative of the International Banking Corporation in Canton, and that the closing of the Bank would incur legal penalties.
soner answered,
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who bou rht it from the deceased. The body in question was the property of the prisoner, was exhumed on 30th March. It was found that the bullet had gone completely through the skull. Two European witnesses would state that the prisoner told them that soldiers came to the matshed to steal, and the shots were fired a them. One of these witnesses would also say that when he first went into the matshed he noticed blood on the prisoner's hand. There Cuinese official; on that occasion the prisoner had been an inquest held on the body by some said that if the mandarin did not hold a proper enquiry he would shoot four or five men and then kill himself:
Evidence was then taken.
evidence on the lines indicated by Mr. Pollock
The first witness was Sheer Ali, who in his opening address. He identified a revolver gave
produced as the one which prisoner had in his hand when witness met him mats ed.
outside the
regard to the death of the deceased four times, Cross-examined-He had given evidence in first to the superintendent, Mr. Brimble, and Viceroy"; third, before the Magistrate in the Chinese mandarin; second, to the "English
General at Canton. He had heard the deceased Hongkong; fourth, before the British Consul- telling the prisoner that he would be fined $3 two or three days before the 24th for being asleep on duty and neglect of duty. There was no other reason for the fines. When witness heard the first shot he went straight to the mat- shed. Asked whether when before the coroner he stated that he waited to obtain a lamp from the Chinese police before he crossed over, and matshed, witness said that he went straight for that 15 minutes elapsed before he arrived at the the lamp and then straight to the matshed. Be- shots at the suggestion of the prisoner. At his for to-day he had told someone that he fired two examination before the Consul he said he asked the prisoner why he killed the deceased, and the just the same as they would kill a fowl. That reply he got was that no enquiry would be made, What the prisoner did say hal done. hut that he could not help it. was that he was ry just now for the thing he
was not correct.
By the Court.---He did not know whether decal was right-handed or left-handed.
matshed on the first occasion with the prisoner By a Juryman-When he went into the the deceased was lying on his back with his head turned round. He did not see the Rus- sian that night. The Russian was arrested used to be on the railway at Port Arthur and one day later than the accused. Deceased
could speak Russian; that was how the two came to be acquainted.
Canton, 15th June. This morning the hearing was resumed of the the murder of Mahomed Jemal at Sainam. case in which Abdul Khalik was charged with Chief Justice Sir Hiram Wilkinson was on the Bench. Hon. H. E. Pollock. K.C., conducted the prosecution. and Mr. F. Ellis, solicitor, the defence.
of the railway at Sainam, gave evidence of having Mr. T. N. Ward, who is in charge of a section been called to the matshed after the death of Jemal. He found on examination of the body that there was a bullet wound on the left side of appearance of the wounds he came to the con- the head and another on the right. From the clusion that the bullet had entered on the left side and came out on the right side, having passed clean through the skull. He saw a rent
on the
top side of the pillow. He started to search for the bullet in the pillow, but thought it best to wait for day- light. The bullet might have penetrated the pillow or might have deflected. prisoner and Sheer Ali were present when he Both the made his examination of the body and the pillow. Prisoner said he was lying down and heard a pistol shot; he raised his head up and saw two men going out. Witness asked him what the men were as soldiers. He added that he followed out and and he replied that they were all the same shot after them. Before the conversation about firing after the two men took place he handed witness a revolver he had. He examined the chambers and found that the empty shells of the belonged to the deceased, and handed it back to cartridges were there. He thought the revolver the prisoner. About eight o'clock on the
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