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May 14, 1906.]
-In Summary JurisdictioN.
BEFORE Mr, A. G. W18% (Puisn■ JUDGE)
COMPLICATIONS.
Fazal Ahmad sued Akbar Khan for $957.20, being money-lent, Mr. Gardiner (from the office of Mr. O. D. Thomson) appeared for plaintiff, and Mr. Hett (of Messrs. Brutton and Hett) appeared for the defendant. There was a second motion, in which Akbar Khan sped Mohamed Ali for $942.84.
Mr. Gardiner said the claim was for money lent. He had no documentary proof, but he had no doubt that after hearing the evidence his Lordship would think the action was rightly brought. The money was lent in March, 1904, for the purpose of satisfying a partner in the firm of which defendant was a partner.
When the first witness was called- Mr. Hett referred to the fact that it had been ruled by the Court that a Mahommedan could not be sworn on the Koran. That was not considered a legal declaration according to the laws of the Colony.
CHINA OVERLAND TRADE REPORT.
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room.
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LOCAL ADMINISTRATION TO BE INVESTIGATED.
| defendant firm, but having regard to his ] men is supposed to have struck him 'n m demeanour in the witness box and the way in the back of the neck with a hatchet, whil which he contradicted himself, his Worship was others made a great noise with kerose not satisfied with the story put forward by the with the object of drowning the deembed defence. The flour arrived here in the a.a. for help: it is mid that the neighbours cou Minnesota somewhere about the middle of about the noise caused by the earpenters. December. A number of the bags it was said | motive of the alleged murder in supp were discovered to be broken, so it was necessary have been robbery, as the hawker's to transfer the flour to other bags. It was put money had been removed, and the into " White Lily" bags and later transferred containing his liesnes broken open. into. "Red Feal" bags. When his Worship was discovered by a servant girl in the asked the witness to explain how it was that of the landlady of the house." No arrests three months elapsed before the flour was trans- been made, but the polios are prosecuting ferred, he seemed to be driven into a corner, inquiries. and gave an extraordinary sort of reason-no time. The second witness, the stevedore, gave his evidence fairly well, but it was of vary little use, as it did not go beyond what happened on the ship on December 19th, and
defence. With reference to the question of on that point did not help the story of the attempted frand, his Worship read the statements made by defendants in the charge (Therein it was stated that the shipment con. "White Lily tained too much "Red Seal" and too little flour. The master of the shop wished the "Red Seal" transferred into "White Lily" bags, because the Chinese did not like Red Seal" flour.) On the evidence the onus was on the defendants to satisfy him on this question of fact, and his finding was therefore the prosecution. His Worship then dealt with the law on the subject, reading lengthy sections from cases relative to the one he was dealing with. He said false trade descriptions included every alteration transferring of flour from "Red Seal" te by way of addition or otherwise, and the
"White Lily" bags, was applying a falee de- to defraud, he found as a fact that there was an scription to goods. With reference to the intent intent on the part of the defendant to induce people who were buying this flour to believe that it was White Lily" flour. According to the statements of the defendants the Chinese liked "White Lily flour, and that was sufficient evidence of intent to defraud. Another point raised by Mr. Holborow was regarding the man's residence in the Colony. The solicitor contended that be Both cases were adjourned after a lengthy had an address here. His Worship did not hearing.
His Honour said that that was 80. He only remembered the Koran being used once, and then it was produced by a priest. Witness must be declared in the ordinary way.
Mr. Hett further mentioned that in the second case the sworn interpreter of the Court had been subpoenaed.
His Honour remarked that it would be better to have a separate interpreter.
Mr. Hett added that it would be difficult to find another. His Lordship's clerk was a sworn interpreter,
His Honour-It is rather anomalous to have a witness. who is also interpreter. Do you make any objection ?
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Mr. Hett returned an answer in the negative. His Honour-My clerk will check him. Mr. Hett then informed the Court that the interpreter was also a relative of the present plaintiff.
After further discussion, Mr. Hett said he raised no objection but in asking that the witnesses go out of Court he remarked that his witnesses in that case were his friend's in the next.
HONGKONG POLICE COURT.
Thursday May 10th,
BEFORE ME. F. A. HAZELAND (FIRST POLICE MAGIStrate
ALLEGED FALSE TRADE MARKS. The case in which three shop coolies and two women, employed by the Shiu On Wing firm of flour merchants, No. 311, Des Voeux Road Central, were charged with applying false trade marks to flour on March 19th was concluded. Defendants, it is alleged, were transferring the Red Seal" brand flour into bags bearing the "White Lily" mark.
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Mr. G. E. Morrell (of Messrs. Dennys and Bowley) prosecuted; Mr. T. C. Holborow (of Messrs. Descon, Looker and Deacon; defended; Inspector Collett watched the case on behalf of the police, and Mr. P. W. Goldring on behalf of Mr. A. B. Moulder, flour merchant.
His Worship thought there was a possibility of the third defendant's story being true, and discharged him. With regard to the other defendants, they were charged under Ordinance 4 of 1900. The story of the prosecution was that the first and second defendants were super. intending a number of women who were trans. ferring flour from "Red Seal" bags into empty "While Lily" baga. That being so, prima facie the four which was in "Red Seal bags should be regarded as Red Seal" flour. On the evidence for the defence it was put forward that the flour which was in "Red Seal" bags was really." White Lily" flour, and through its being
ared to "White Lily " baga, no
committed. It was not disputed in the sat up by the defence that the onus, was on the defendants to satisfy him that the flour, the subject matter of the charge, was really "White. Lily" flour. In support of that contention two witnesses were called. The first was the head foki of the
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11
better than "Red Seal'
think that the point came within the section dealing with residents, which meant persons here against whom proceedings could be issued either by warrant or summons. His Worship convicted the defendants, and ordered that each be bound over in the sum of 8100, to come up for judgment when called upon.
Mr. Morrell-Will your Worship forfeit the flour under section 11 sub-section 2?
His Worship-Yes. That is, the flour which is the subject matter of this charge.
ALLEGED MURDER AT WANCHAI.
H.E. APPOINTS A COMMISSION, We understand that the unofficial members of the Legislative Council and the Banitary Board have been appointed to sit as a commis. sion to inquire into the subject of complaints under the Building Ordinance and into other matters affecting the working of the stats of the Public Works Department and the Seni tary Authority. It will be remembered that at the last meeting of the Sanitary Board Mr. Hewett indicated that the Governor had ap pointed a committee of five to investigate certain complaints, but we understand this committee has been since enlarged so as to make the scope of its inquiries more comprehensive. The com- mission will be vested with full power. [ses page 352).
What the police believe to have been a case of murder was reported to Inspector Gourlay at No. 2 Police Station, East Point, on the 5th May. Inspector Fincher, of the Sanitary. Department, was called at No. 90, Nallah Lane to remove what was supposed to be a plague body. The Inspector, seeing blood on the man's face, and on the floor, reported the matter to No. 2 Police Station. Inspector Gourlay accompanied him to the house, where he found that the dead man had been severely handled. He had three large wounds about four inches long on the side of his face, three at the back of the neck and others on different parts of the body, from the appearance of which the police concluded that they had been caused by a hatohet: one of these weapons, having a blade of from four to five inches, was found alongside deceased's body in the empty house. It appears that the deceased, Wong Cheung, was a pongee silk cloth hawker, who lived a No. 40, Peel Street, and travelled daily to Wanchai, where he carried on his business. On the morning of April 3rd he left his home about 10 a.m. with 30 rolls of cloth, a small box con- taining his licence and $10 in small money, and was last seen near the theatre a Causeway Bay at about one p.m. Then it is surmised that three carpenters, who were working on a floor of the house in Nallah Lane, called him in under the pretenos of buying some cloth, While he was undoing his bandles one of these'
RESUMPTION OF INSANITARY PROPERTY.
In accordance with the Government scheme
for the purpose of improving the sanitary condition of the City of Victoris, the Public Works Department have just carried out the resumption of a considerable amount of property which about 700 or 800 people have been in the neighbourhood of Mee Lang Lane, by dispossessed. The accommodation which the dwelling houses legally afforded would be much less than that, but it is safe to infer that as usual the property was overcrowded. This
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from some of the worst hovels the people had locality was "reported on some time ago, and
removed prior to the final steps being taken. The houses in the lane have been boarded up
It is reported that there were a number of vacant houses in the vicinity.
THE BENNERTZ CASE.
!
Mr. H. Bonaerts, the merchant with whose struggles to keep Changsha “open” in fáce of native opposition so much sympathy was expressed, has not been left long in pesosable enjoyment of the Tlx. 25,000 which the Chinese paid him as compensation.
It appears that there was some sort of part- nership with an American named Joseph John Gilmore, who first went to Changsha to look-see", but subsequently left Mr. Bennerts alone to hold the fort, Mr. Gilmore in now suing him for a share of the Tls. 25,000, which Mr. Bennerts claims was personal compensation, and had nothing to do with the partnership. Other sums and arguments are involved, but that is the issue broadly of a suit that was still proceeding at the Shanghai Supreme Court when the last mail left. We note that Mr. Bennerts is a British subject born in India, his name being due to a German father.
LATER.
In his judgment in the claim by Mr. H. Bennerts's whilom partner at Changsha, the Shanghai Chief Justice took paina to svojd referring to Changsha as an open port, remark- ing that he did not wish to use a compromising a word.
The effect of the judgment was that the firm's debts should be paid out of the Tls. 25,000, and that any balance remaining should come again for adjudication. The partnership had been dissolved when Mr. Gilmore fornook Chaugabs for Hankow but the compensation entitled him to was extremely improbable,^) would be any balance when the
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