May 27, 1907.
409, The Commissioners in conclusion wish to express their thanks for the assistance rendered them in this Enquiry by the majority of the Officials to whom they have applied for information, and also to the public at large.
410. Every effort has been made to curtail as much as possible the length of the evidence taken by the Commissioners, but the idiosyncracies of some of the witnesses, the reluctance of others to give evidence, and in one or two cases the too apparent hostility shewn towards the Commission, have made the work of the Commission at times extremely difficult, and unduly prolonged the enquiry.
411. The Secretary, Mr. Bowen Bowl ads, though suffering from ill-health, carried out his duties to our entire satisfaction, and when subsequently invalided home, the work was
very ably carried on by the Government Assessor, Mr. A. Chapman, who in addition to bis regular duties was appointed Secretary to the Commission, and in this capacity proved himself willing, capable and hard working.
412. The Commissioners would specially bring to Your Excellency's notice the services of Mr. Dyer Ball, who acted as Interpreter throughout this protracted enquiry. In the earlier part of the sittings, the weather was excessively trying. The Meetings of the Com- mission lasted 4 to 5 hours, sometimes longer, during which a number of Chinese witnesses were examined, speaking
many different dialects, much increasing the mental strain on the interpreter; Mr. Dyer Ball had not only these Meetings to attend, in addition, we under- stand, to his ordinary duties, but also unfertaok to read over with the Chinese witnesses the full report of their evidence, although this last had to be abandoned after Mr. Ball was forced to I leave the Colony for a month's rest.
The Commissioners feel that they are much indebted to Mr. Dyer Ball for the manner in which he carried out his onerous duty and the unfailing courtesy and ready help which he invariably rendered them.
We have the honour to be,
Sir.
Your Excellency's obedient humble servants,
EDBERT A HEWETT, FUNG WA CHUN,
LAU CHU PAK,
HENRY HUM^HREYS,
A. SHELTON HOOPER,
ARTHUR CHAPMAN,
Hongkong, 19th March, 1907.
SUPREME COURT.
Friday 17th May.
Secretary,
IN SUMMARY JURISDICTION,
BEFORE MR. A. G. WISE (Puisne Judg").
CHINA OVERLAND TRADE REPORT.
Greenhill, G. Grant, T. M. Gregory, 8. B. were called:-B. D. Kaptevo, T Ostes, L. 8. Greenfield and F. Graham.
The Attorney-General, Mr. H. H. J. Gompertz, instructed by Mr. G. E. Morrell, Dr. Ho Kai, instructed by Mr. R. Harding. Crown Solicitor, prosecuted and the Hou. appeared for the defendant.
and
lived with his mother in a matshed at Telegraph The Attorney-General stated that nocused Bay. His mother was a plauter of vegetables married man, and besides his wife and family; A rearer of pigs. The accused was a
other persons, there lived in the matshed deceased and several unwell, and unable to go to work. On the On March 24th deceased was
25th he went out for a time, but eventually had alone with two children, a boy and a girl, to return to bed. While he was in the house the acons secured a chopper with which Two small children were also severely out he hacked deceased so severely that he died.
doing this thing the accused remained in the and the boy's injuries proved fafa'. Afler matshed for some time, but before the police arrived he got some money from his wife and went off. In this case there would seem to deceased, but in his statement accused said his have been some squabbla between accused and reason for committing the crime was because deceased wouldn't work.
AN EMPLOYMENT CONTRACT. The case in which the Indo-China Steam Navigation Company, Ltd., sued T. Lancelot Wyndham, doctor of medicine, for the recovery of $1,000, being damages for breach of agreement dated June 13th 1906, was mentioned.
Mr. O. D. Thomson, who appeared for the defendant, stated that he had received a telegram from his client at Singapore informing him that he did not know when he would be able to atteml, In the circumstances he ›uggested that the case stand over for two months in or ler to enable him to fix a con. venient date.
Mr. Dizou, from Messrs. Hastings and Hastings, obj oted on behalf of the plaintiffs.
His Honour ultimately adjourned the case for a month.
Tnesday, É ́st May.
IN CRIMINAL JURISDICTION BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
THE POKFULAM MURDER.
Cheong Tai was indicted on the charge of murdering Yim Hing and Tim Ming at Tele. graph Bay, Pokfulam, on March 25th. Prisoner pleaded not guilty, and the following jurors
Evidence was called, and the case adjourned,
IN SUMMARY JURISDICTION.
IN SUMMARY JURISDICTION.
349
BEFORE MÉE, A. G. Wise (Pursy Judge).
A HOTEL'S LIABILITIES.
the New Connaught Hotel, to recover $198.45. Central, sued Wong Fang-shek, proprietor of The Teen Seng firm, of 8k, Queen's Road
for goods sold and delivered.
plaintiff, and Mr. E. J. Grist (of Masara
Mr. O. D. Thomson appeared for the
claimed the amount stated in the writ from the Wilkinson and Grist) for the defendant.
Mr. Thomson stated that the plaintiff firm
Hotel. Before the goods were supplied the defendant as proprietor of the New Connaught defendant went to the manager of the p'aintiff manager of the hotel, and would be responsible firm, and represented to him that he was the if he would supply the goods. His name also appeared in the Daily Press Directory as proprietor.
of judgments against him.
His Lordship-I think I have given a lot Mr. Grist-I understand this man has been sued before.
His Lordship- And never turned up. Mr. Grist--No, but I have subpoenaed the real proprietor.
His Lordship-Will he pay up this time? Mr. Grist-I don't know. I don't appear for him.
Kwong Fu-yuen was then called before the Court.
His Lordship-This man has not been before me before. He is a new introduction alto.
BEFORE MR. A. G. WISE (PUISNE JUDGE).gether. Do you owe this money?
A WASHERMAN'S CLAIM. Cosmopolitan Hotel to recover $16.68 due for Yee Wo, washerman, sued Louis Comar of the
defendent sought to recover $34 from the wasbing. There was a cross action in which plaintiff, being for value of one blue serge snittbere or not. and a mosquito curtain which the washerman did not retura,
the claim.
Yee Wo having given his evidence concerning
Defendant asked-Didn't I pay you $5 in twenty cent pieces-No, if it was paid I would not sue you.
His Lordship-Perhaps he didn't like $5 in 20 cent pieces. It's not a legal tender. Who paid it?
Defendant-My daughter paid it.
Laura Comar was then called and said the washerman's bill would be correct if the missing clothing was returned. She bad lost one navy blue suit and a mosquito net.
His Lordship-The only thing I don't quite understand is this, this washing bill is $16 68 and you're lost clothing to the amount of $34. Why did you give him $5 after that?-Because he promised to find the missing clothing.
The washerman then questioned witness. How is it when I went to you again and again and asked for money that you never mentioned the missing clothing?-I did. How is it you waited so long before suing me for this amount? - Because it pleased me not to sue, I did not bring the sofion before.
Now you must not tall lies; you must tell the truth.-I'm
'm telling the truth.
How is it you were so friendly as to give me you were sure you would be able to get them back $5 after I lost the things?-Because you said
from some of your other natrons.
His Lordship entered judgment and costs for Mr. Comar.
Wednesday, May 22nd.
IN CRIMINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
|
THE POKFULAM MURDER. The trial of Cheung Tai for the murder of a Chines man and boy at Telegraph Bay Pokfulam, on March 25th was concluded. After a retirement of twenty-five minutes the jurors returned into Court, and brought in a verdict of guilty.
His Lordship passed formal sentence on the prisoner
death
-
Kwong Fa-yuen-Whe were the goods got for?
Mr. Thomson The New Connaught Hotel. Kwong Fu-yuen-That is not I. I am not there.
His Lordship-I don't care whether you are
Are you the proprietor ? Kwong Fu-yuen-It is not my own. The younger brother of the owner of the plaintiff firm, who appeared as plaintiff, gave evidence to the effect that he was foki in his brother's shop.
On this account Mr. Thomson asked leave to amend the writ.
Mr. Grist objected.
His Lordship-Mr. Thomson has made one amendment already. He has amended the name of the defendant, and now he wants to amend the name of the plaintiff. (To Mr. Grist)-- Anyway, I don't think the amendment will do you any harm,
Mr. Grist-Well, my Lord-
His Lordship Of course you've got to object. The writ was amended.
Defendant gave evidence to the effect that he
ordered part of the goods set ont in the parti- culars. Sometimes he saw the plaintiff's younger brother, but never told him he was a partner in the Connaught Hotel, and never made himself personally responsible. There were eight partners, and Kwong Fa-yuen was the managing partner. Witness received a salary of $40 per month and a bonus of five per cent. on the net profits.
In cross-examination witness stated that when plaintiff asked him for payment, he referred him to the partners in the hotel.
Directory, a d asked how it was that he was Mr. Thomson here produced the Da ly Press mentioned therein as bead of the firm.
Defendant-I am only put down as manager. Mr. Thomson-You are put down as an owner in the firm.
Defendant-No, as manager only.
His Lordship, on referring to the book, was of opinion that it certainly looked as if defend- ant was meant to be the owner. (To Defendant)...--- Did you have an action brought against you in this Court before for goods delivered?
Defendant-It was against the Connaught
Hotel.
His Lordship Yes, there were several ́against the Connaught Hotel, bat creditors gave up that, and commenced suing you, and there was a judgment given against you, but you did not appear.
the summons was taken out.
Defendant-The money was paid as soon as
His Lordship You were summoned ?--No. Mr. Grist-I think all the summonses were in the name of Connaught House,
No comments yet.
Private notes are available after approval.