ཡང་ལྕེ་ཝཱཏར་གན་ ང་་འ་བྱེད་ག་ཅི་གཞི དང་$་ཅུ་
Page
June 25, 1908.
It is a swindle, isn't it?—No, sir, it is genuiné. It is a scheme that originated in your own city of London.!
How much have you made out of the business ?—I didn't make anything; I lost
money.
Did you tell the postman not to deliver letters where you are living?—No.
Continuing, witness said that while in America be did not consider he was in the employ of the defendant company. While there he wrote to Dr. McLaughlin asking for employ ment. He did not mention his salary as $250 in the monthly report which he forwarded to Shanghai because it was the wish of Mr. Fitzgerald that theextra $25 he received should appear as office expenses. He attended to the business of the Company and did not carry on any other busiress. On February 21st he went to Shanghai to try to get the money due to lim. Mr. Wong did not say he should not have left Hongkong, and that it would be as well if he returned. I he compradore of the Company, Ho Wa-tong, was discharged on February 1st owing to slackness of the business. While witness was absent two months, Mr. Fitzgerald said it would be quite satisfactory to leave Ho Wa-long in charge. The receipt for $744 given by him on April 9th was for monirs paid out of bis own pocket to keep the office in existence. He was connected with the Pacific Oriental Co. in Manila seven years ago; and was arrested and charged with embezzling $7,000 gold. In connection with the arrest the judge censured the company, and he brought a damage suit against them for $20,000, but the attorney he engaged left the country and witness did not carry the case on. He entered into a bond with the defendant company to secure the performance of his duties as manager. The bond was returned to him on the 9th or 10th April, and be handed it back to Dr. Guthrie, his surety.
Mr. Dixon-What have you torn out pages 43-10 58 of your cash book for?-It was done in the presence of Mr. Wong.
Where are those sheets ?—Destroyed. By whom -Mə.--
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Mr. Dixon-The words carte blanche do not mean that the manager can go away on his private affairs and leave the Company's business in the hands of somebody else. We pa'd him and appointed him as manager.
His Lordship-You didn't pay him as a matter of fact.
Mr. Dixon-We appointed him as manager, and we do not want him to go away and put a man of doub ful character in charge, who would ruin any bu in+ 88,
His Lordship-I, don't think much of the business to begin with,
Mr. Grist-1 want to know for whom my friend appears. He cannot appear at all unless he appears for somebody.
Mr. Dixon--I appear for the defendants. Mr. Grist-That won't do, my Lord; be must appear for some individual
His Lordship—I was wondering when this was coming. I think you had better settle this; as far as the case goes now I don't think Mr. Wong will shake my opinion. Is the money paid in for what was due before?
Mr. Gardiner Yes, my Loid, and they have admitted that it is only a question of salary now,
His Lordship-And thère is a claim for $500 damages: Do you think you cannot come to terms on the lines I have laid down ?
Mr. Gardiner-I am prepared to take a month's salary.
Mr. Dixon-I don't think- His Lordship-You haven't got any money, I suppose?
Mr. Dixon-The money is in Court.
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CHINA OVERLAND TRÅDE REPORT.
419
His Lordship-How do you call it a company | promissory note, interest to be charged at the if he is the sole proprietor. I should think it rate of five per cent., but it was not stated if would be much better to adjourn the case and this was to be paid monthly or yearly, Plaintiff consider a settlement on the lines I have laid now sued for the principal plus $30, charging. down.
$3 per month as interest. For the defence it was stated that defendant had paid interest each month with the exception of the last two months, but when questioned by his Lordship . he admitted he had no receipts.
Mr. Dixon, after consulting with Mr. Wong, said without prejudice the company was willing to pay $100 only in settlement of Mr. Perkins' claim, each party to pay its own costs,
His Lordship-Well, I don't know whether they will agree to it. I should not if I were them. What about the other man? What is the value of the Company's stock here.
Mr. Dizon-There is nothing here. The stock was sent away and the money paid into Court.
Mr. Grist I have no security. I want execution against the general inausger for the East. I will call witnesses to prove that he is a partner in the firm, and my friend won't appear for him.
His Lordship-This firm has been many days in the police courts in London.
Mr. Gardiner-Dr. McLaughlin does not know a word about this?
His Lordship--No, I don't suppose he does. Mr. Dixon, after further consultation with Mr. Wong, repeated the offer previously made,
His Lordship-Plus the money paid in ? Mr. Dixon-There is 3240 paid in; we give them $150 and the balance is returned to us.
Mr. Gardiner-We want ecsts. His Loʻdship—Oh, certainly, Mr. Dizon-I think we'll go on, my Lord. His Lordsbip-You'll have to pay more for it, I'm afraid.
Mr. Dixon called Wong Po-18s, manager of the Dr. McLaughlin Co, in the East. He said he was not a partner in the firm, but took over the management on August 1st, 1915. During the latter part of that year the Hongkong business was in a very bad way. Witness wrote to Perkins, the m¬nager, saying he would come down and look into things. He arrived here ou April 7th and on the 9th in an interview with Perkins informed him that the business was very bad and they were losing money. He told the manager in giving him notice that he would pay him up to April 15th. Perkins replied "No. I require one month's salary; according to Hongkong law I want two months salary." Witness said this could not be done, and considered that the manager was disobarg- ed from this time. On the following day he gare Perkins one month's salary and obtained a receipt for it.
Cross-examined by Mr. Gardiner, witness said he had no money in the Company but the business here was his. Perkins was absolute manager, and was allowed money for advertis.
ing.
What are these belts you were selling ?- Electric belts.
Are they similar to those there was an action over in London some time ago I don't know that.
His Lordship-I am always pointing out that without a receipt or endorsement on the promissory note I cannot accept these stories. If you have no receipt you must pay again,mana
Defendant called a man to support his` statement as to the payments made, but his Lordship gave judgment for plaintiff.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (FIR FRANCIS
PIGGOTT).
ALLEGED MANSLAUGHTER, The hearing of the charge of manslaughter against Li Sam, who was alleged to have inflicted fatal injuries during a fight between the Li clan and the Chan clan, in the Pingshun district was resumed but after a protracted hearing the jury returned a verdict of not guilty and the prisoner was acquitted.
Wednesday, June 20th.
IN BANKRUPTCY JURISDICTION,
P M Y
BEFORE THE FULL COURT.
APPLICATION FOR A RE-TRIAL.
Application was made for a re-trial of the issue between the Official Receiver and Wong Ka-cheung to decide whether the latter was or was not a partner in the Lai Hing Bank at the time of its bankruptcy. The trial of the issue ended very sensationally by seven witnessES against the defendant being committed to prison for perjury. Mr. E. H. Sharp, K. C., and Mr. H. E. Pollook, K.C., instructed by Mr. G. K. Hall Bru ton (of Messrs Bratton and Heft), appeared for the appellants, and Mr. M.. W. blade, instructed by r. R. A. Harding, appeared for the repondents.
At the outset of the proceedings, the Chief Justica said-Before I call on counsel to argue I wish to draw attention to two points in con. nection with the file which has been put before me. In the first place there has been a dis- regard of the order of the Court with regard to the official document, which is the summing up which I gave in the trial. That document has not been put upon the file. In the second place I find a document put upon the file without any prelude, which I have looked through and which I gather is the first draft of the summing up as it came to me from the shorthand writer with corrections which I suppose are the corrections which I made in it. Thirdly. I find an affidavit made by the shorthand writer Does Dr. McLaughlin know these proceed-put upon the file, in which he annexes to ings have started P-I wrote to him last week. it another version of the summing up. Now Examined by Mr. Grist, witness said that this, in addition to disregarding the order if he made so much money in the year he had of the Court with regad to the official the right to continue his contract; if not, Dr. version of the summing up, puts upon the MoLaughlin had the right to dismiss him. file an affidavit made, without any application to the Court, by one of the officers of the Court. | The profit was divided equally between them,
and Dr. McLaughlin allowed him to draw for That seems to me a most extraordinary proceed. personal and office expenses. A few thousanding. Again it puts upon the file documents . faels were left him to carry on the business, but that was now exhausted." Witness was one of the Company.
You have not gone into the matter; you take them for what they are worth-No reply.
After bearing farther evidencs his Lordship gave judgment and costa for the first plaintiff, and judgment for $266 and costs in the second Mr. Grist-First of all my friend must | care. He also granted Mr. Grist leave to appear.
isene immediate execution against Wong Po-
Mr. Dixon-What is your Lordship's ruling | tsz. on that ?
His Lordship-You've got to appear for a person.
Mr. Dixon-I appear for Dr. McLaughlin. His Lordship-fõ he still alive ?
Mr. Dizon-Oh, yes.
His Lordship-You couldn't find him, I'm sure He's disappeared from nearly every ountry.” He had to get out of London.
Tuesday, June 19th.
IN SUMMARy JurisdictION..
BEFORE Mr. A. G. WIBE (Puigne Judge).
INDIAN MONEYLENDER.
Surein Bjogh sued A Samad for 881, money Mr. Dixon-I ppear for Dr. McLanghlin. | due on a promissory note. On July lat last He is the sole proprietor of the Company. year plaintiff lent defendant $57 on a
which are the mcial property of the Court. I cannot conceive how such a thing could have been done, and I shall be glad if Mr. Sharp can give me some explanation.
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Mr. Sharp Do you wish me to explain? The Chief Justice-Yer, before we make an order. There will of course be an order made, Mr. Sharp-We thought it was on the fle The Chief Justice Which, the oficiul record?
Mr. Sharp-The printed document.
The Chief Justice-This is a file given to me by the officer of the Court in which the most important document is conspionous by its absence. The printed file is the only authorised version of the summing up.
The Puisne Judge-It was not on the file. It was only handed to me recently,
The Chief Justice-The next point is why an- affidagit should be put upon the file together
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