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176
THE HONGKON WEEKLY PRESS AND
he did not. When he entered into contracts in 1905 for several million dollars worth of yarn he knew that if customers did not pay him he could not pay. Many of these purchasers failed to take up their contracts and over 10,000 bales were left on his hands.
Debtor here could not, or would not answer certain questions.
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Mr. Looker-It is obrions, my Lord, that if these bankrupts come here and how do I know ale to certain questions, the public examination will be futile,
His Lordship Quite sa, læt a hat power have IP Why shouldn't the man have his books be¡ fore him to answer questions ?
No objection was raised to this. Debtor, continuing, said he compared his accounts every day with the compradores of big European firms for goeds delivered,
His Lordship, here warned the debtor that if he did not answer questions more accurat ly he would probably go to prison.
Debtor replied that he was speaking the whole truth, Proceeding he said he had boks in which he entered his coutracks for yarn. AL though he still had yaru to take up at the
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Ma Li, the owner of the defendant shop denied receiving any lime. As she sold it her- ❘ self she had large quantities in her store. She had two sons, but neither assisted her in the business, and the accountsut she formerly had embezzled money and ran away.
His Lordship - Did you bring your books? Have you got any books or did the sccountant take them?—No, he left them.
Why didn't you bring them?—I didn't understand
Vere well, judgment and costs for plaintiff, and take this as a lesso". If you are going to
| run a ship like this you'd better have one of your sons to look after the books.
Defendant-Shall I bring the account books? His Lordship I don't want to see them now.
EXTRAORDINARY SCENES IN
COURT.
ARGUMENT AND IRRKLEVANCY,
end of 1905 he entered into contracts ran- The further bearing of the charge of larceny ning iuto millions of dollars and deperferred by the British American Tobacco sited large sums k money with foreign Company against H. Kane, shipping e'erk, firme to induce them to sell for him.
was the occasion of remarkable scenes at the Magistracy] 'n March 13 Mr. ( D. Melb nrue was on the bench, Mr. M. J. D. Steph-ng pro- 'secuted and Mr. G. K. Hall Bratton, of Messrs.
Brutton and Hett, defended.
did not think if exchange rose and the prica of yarn went down that his customers would have fulfilled their promises. At the beginning of 1906 he wanted to purchase goods from David Sassoon & Co, but they would not sell as he had so many contracts outstanding,
The examination was adjourned until next Thursday.
Friday, March 15th.
IN SUMMARY JURISI ICTION.
BEFORE MR. A. G. Wise (Poisne JUDGE).
SUMMARY OR ORIGINAL?
In the case in which Mr. P. W. Goldring, served fire separate writs for Messrs. Cruz and Co, on R. H. Mahomed to recover $2,500, bis Lordship did not uphold the point by Mr. F. P. Hett that one action should have been
brought in original jurisdiction. He was of opinion that Mr. Goldring was perfectly justified in bringing the actions separately, and intimated that he would hear them ou Monday.
IN A HURLY T) PR CEED. The action was called in which F. Blunck sued Long Hing and Co. to recover $57 Mr. Otto Kong Sing appeared plaintiff sud Mr. P. W. Goldring (of Messrs. Goldring and Barlow) for the defendant.
or
the
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The charge ref rred to the theft of D90 cases of "Egyptian elight cigarettes.
At the previous hearing Mr. A. Harrison, the mauager of the prosecuting company, de. clined to say whether the signature to a letter produced was his or not, while Mr. Stephens' ¦ objected to the production of the letter.
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Mr. Stephens-I wish to mention before the case proceeds that in quiries livce been made with regard to the letter referred to by my friend yesterday. Mr. Shi-wan, to whom the letter was ent, says that the letter was sent on' without his authority or knowledge, and I must ask for it to be returned. It is private and has nothing to do with the casu.
His Worship-I don't know whether I can do anything or pot, Mr. Stephens
Mr. Stephens-It was not given up by Me Fung Wa chuo.
Mr. Brutton --lt was not?
Mr. Stephens - No.
Mr. Brutton - Some one is lying. His Worship-Mr. Shewau has his remedy.
If the jetter was stolen.
Mr. Stephens-I don't say it was stolen His Worship If it was abtracted Mr. Stephens-It was handed out without nuthority. The clock has been instructed to gal the latter back.
His Worship-I don't think I can do any thing at present, because it has been put in and marked for identification.
Mr. Goldring applied for an adjournment, i but Mr. Kong Sing mentioned that a buk. ruptcy petition had been presented against the defendant firm, and he was therefore anxious to | the evidenc- how it came to be there. get judgment.
Mr. Goldring There is a patition presented against them, but I have instructious to oppose it.
a
His Lordship-That doesn't say you will be successful. I will adjourn the Ca se i until Wednesday, the day before the Bankruptcy i Court sits.
SERVING A WRIT.
The Tsoi Ting On Toug sued Ln Fai to recover $62.40 for goods sold and delivered.
Defendant answered to bis name and promptly explained to his Lord-bip that he had a writ to serve on the manager of the plaintiff firm, one. Tsoi Chan, but was unsuccessful in bis search for that person.
When the plaintiff's manager entered the witness box his Lordship asked his name and he replied Tsoi Chan, but afterwards said it was Tsoi Cheng. The defendauf, however, recognised him as the man he wanted to reach, aud the writ was served there and then, his Lordship remarking that he could be served in any name he wanted.
A LESSON,
Teeung Ut proceeded against the San Shing Lee to recover $20.28 due on account of lime.
Plaintiff gave cridezco as to the dates on which the lime was ordered, and showed the entries in his books.
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Mr. Stephens - I think it should be showO OD
His Worship - I am afraid I cannot do any. thing. If I had the power I would,
Mr. Stephens I object to it being there His Worship On what authority? Mr. 3 phens—it is quite irrelevant I objected all along.
His Worship-l have noted that.
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[March 18, 1907.
Mr. Stephens-In the meantime we say the letter should not be there. It should be returned to Messrs Shewan Tomes.
His Worship-It is easy enough for them to recover the letter. They know the course open them. I don't know whether you are instructed on their behalf.
to
Mr. Stephons—No.
Mr. Bratton-It is entirely in their own hands, A press copy of the letter can be put în and that letter can be taken out.
After a discus-ion a‹ to the wisdom of this
conr*--
Mr. Bratton naked Mr. Stephens if he produced a press copy of the letter.
Mr. Stephens-I won't answer it. Mr. Brutton-I am asking a civil question. Mr. Stephens-1 am not here to answer questions,
Mr. Brutton - You are the solicitor for the prosecution and I ask you if you producs this copy. Yes or no?
Mr. Stephens - I won't answer it. I am not here to be questioned.
Mr. Brutton-Any question put to the other side should demand a reply. (To his Worship)— You ses the position they take up.
Mr. Stephens- I am not here to be examined, You can ask the witness.
Mr. Brutton-I would ask your Worship to dismiss the case. If the man does not answer the questions put to him your Worship has power to dismiss the case at once,
Mr. Stephens- am not here to answer questions. But I propose to put Mr. Harrison iu the box for further examination,
Mr. Brutton-I ask your Worship to dismiss the case, because a question which they are bound to answer has not been answered. With regard to the letter, it may have been stolen, but that has nothing to do with it. The letter is there.
I ask your Worship to dismiss the case. His Worship-I cannot do it. I don't know whether you wish a subpoon?
Mr. Brutton-He should suswer the question put to him. It is not for him to say whether it is irrelevant or not. He does not know whether it is irrelevant. I know. Ea should answer the questions pat to him unless your Worship says he should not do so.
Mr Stephens-I will learait to your Worship. ilis Worship - The last time witness refasid to say whether it was his sigasture. A docu. meul was produced and when asked he said --[ make no statement.
Mr Brutton - In these circumstances I ask for the
car to be dismissed. You see the
I am defending this man. position.
I am in a position to show there is no charge against thin mar. I am entitled to have my que-tion answered, I am entitled to har- the orso dismissed on that ground. If the prosecutor refuse to answer the questions put to him, I ask your Worship to exercise your authority and dismiss the onse.
Mr Stephens-If your Worship will take my abjection to the question. If he is to be foroed in this way to produce the latter—I don't say be will-it is under reservation. He objects to auswer the question.
His Worship-I don't know what the question is.
Mr. Stephens Perhaps Mr. Brutton will pat
it again.
Mr. Bruton rep ated the question to witness, Mr. *tephens-It < irrelerant matter and asking if that was his signature to the letter should not be brought in
His Worship · If you can point to ALY authority-
Mr Stephens It is laid down. (Quotes, Continuing -- It is done to affect the pr. «eation. It has nothing whatever to do with the came My client has a right to protect his business.
His Worshi; The nee was asked if he knew anything about the latter asked several times if it was his signature It was easy enough to deny if it was go! his signature
WAS
We have a fad
Mr. Stephen= That is s mitt-d it. I think, your Worship, there will be an application to you before long that that let ter be returned.
I can
do
His Worship-At present I can't. make a note of it. I don't x = what I can for you.
If the prosecution do not make ogl their case, the defendant wil be discharged and the letter will be returned If not he will be committed for trial and the letter –
produced.
Witness - I make on sistement with regard to that letter. I maintain it is irrelevant to the charge.
Mr Brutton -On that ground and on that answer I ack your Worship to dismiss the case. His Worship Hare I the power to disobarge
the power to
on that?
Mr. Bratton You hare discharge at any time.
Mr Stepheas (don't think so, your Worship. His Worship-I don't think I have the pomer, Mr. Bratton.
Mr BruƐton If ac sower in aqt given by the prosento: this bin duty to answer the qametion. It is not his duty to my whether it is iar-l-rant or not. If he likse to deny it he can.
His Worship-tla only mys it is irrelevant. Jr. Beu ton-}{«i« not the judge of relevancy. The only questions he can decline to answer are questions which incriminate him. If he is going to my—
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