At the Mixed Court on Tuesday morning before the Magistrate Mr. U. K. Cheng. and Dr. Barchet, U.S. Assessor, Mr. Morgan Phillips (Messrs. Drummond and Phillips) mad- an application for the release of a native who he allegol was illegally imprisoned at the instance of Messrs. H. M. Schultz and Ca., merchants, of Szechuen Road.
Mr. phillips said—With the permission of the Court I wish to make an application in connection with a certain case in which I believe the Assessor is not concerned but in regard to which I wish to state certain facts to the learned Mixed Court Magistrate. It is in connection with the arrest and detention of one Ching Fung, a piece-goods merchant, at the suit of Messrs. H. M. Schultz & Ca., and I think it is quite certain that the whole of the facts in the case cannot have been brought before you. There is a contract which I believe is in the custody of the Court: which was entered into on the 22nd November, 1898, between Ching Fung and Messrs. Schultz & Ca, and by this contract Ching Fung agreed to clear certain goods on the 21st December, 1898, and another lot of merchandise on or about: the departure of the first Tientsin steamer in the spring of 1899. A certain person, Ssu Kong, was named as the guarantor of this contract and there wore certain other terms which I need not refer to except that it was stipulated that-if Ching Fung carried out the agreement he was to be allowed a certain reduction of 30 per cent on interest overdue. Ching Fung carried out the first part of this contract and cleared the goods on the 2ist of December, and I might add that for a long period he has had business transactions with Messrs. Schultz and Ca. On the 9h of January this year, my firm wrote to Messrs. Schultz and Ca., making a claim on behalf of Ching Fung in respect of certain interest which he dui ed had been overcharged by them an on the 18th of January another letter written, making " formal claim, and star that proceedings would be taken unless money was paid to Ching Fung. Now it is significant fact that after these letters were written a suit was brought by Messrs, Schultz & Ca., Court with regard to the clearing of the goods in the spring of this year. He was arrested iv this Court and ultimately placed in custody. I say it is a very significant fact that after" these letters were written making this claim against Messrs. Schultz & Ca., proceedings should have been instituted against him by them in respect of a contract to be performed in the future. I must say itis a very extraordinary proceeding to me and is an entirely: novel one to British Courts. Atall events so far as we know there was no prospect that Ching Fung could not carry out his contract and clear the goods at the appointed "time, but they thought fit to arrest bini. Ching Fung produced the guarantee signed by Ssu Kong stipulating that witha proper performance of the contract Ching Fung's claim with regard to interest would not be affected. Apart from this qualification, it was a complete guarantee to carry out the contract, but Messrs. Schultz. & Ca. objected to the insertion of any such provision, and upon their pressure Ching Fung was placed in prison. On Saturday last another guarantee was prepared by Ssu Kong. Itis in Chinese characters, and Iam told is entirely unqualified, guaranteeing that Ching Fung will clear these goods in March, It was not however accepted by Messrs. Schultz, which seems to me a most arbitrary and extraordinary proceeding on their part. I should state that after hearing of these matters, I went to see Messrs. Schultz, but the managing partner refused to discuss the mutter int any shape or form and referred me to tha German Consulate. Isaw Dr. Franke who was not however cognisant of the fact that this security had been forthcoming.. Ther are the facts and Ido ask that this secur', being forthcoming, the security asked that Ching Fung be released from cv gtoqy" I must say in conclusion that I do vot sic, to comment upon the facts I have, stated to this Court but they will be commented apes and reflected upon in Shanghjai by may. person possessed of any peruse of justice, Under the circumstances it ig 3 very sad thing that Ching Fang' should have been locked up and confixsed with the rogues and vagabonds with. whom you have to deal in this Court. Tesk on the production of this guarantee that he be released from custody. oon ori intimated that he would at the German Consulates self in commrunicatic it Ar the Mixed Court on Saturday ing before Mr. U. K. Cheng "(Magistrate) and Dr. Betz (German Assessor)—For publicly gambling with dice in' she North Honan Road Josshouse a man gob 200 blows on the hand and three mantis imprisonment.—A female' worker received 200 Wows on the hand for stealing 7 hok the Lao Kung Mow me a Phot ins containing cotton yarn, val
carpenter was charged with breaking; Ban entering No. 185; Chekiang Road, and. 7 steal ing clothing to the value of $8, an d was given 200 blows.—Kui Ah-doo, une' ed, for breaking into and entering Kiukiang Road, and stealing silk¢ io. 149, value $32, was sentenced to slothing, 10. blows and three months' imprisonment Cumming, broker, charged a hie ated that the cool been,2mblainant coolie with assaulting him:
whilst engaged, and that he} 0 to mee another, consequently he rev sed to pane" fendant, who followed him's bout eng, tually snatched his hat fror'q his head. wed ran away with it, Prison' of wag yeutenees 7 days' eangue—For ¥ tealing old iron, value 30 cents, from the" donvkew wharf, 2 loafer got 200 blows—T* ire men of no feed abode were charged Fy the Police with stealing $16.50 from so me' person unkno Case was dismissed—" Vong Zang-ching wea brought up for kidrisping a. girl, ceed 9 sears, from her howe on the Nosth Stenay Road avd selling ner: for $12, He was sentenced to 20) plows and' a. year—A woman charyed a man with obtaivinga geld ting and w'siiver bangle, value $20, from het. by mens of threats in a lodging house. On examination it was found that immorally and consequently wae. isa ding the nceuser had seen complainant. acting on sume. Prisoner was sentenced to 206. blows and the complainant 100,—Two coolies got 200 blows each for steelling two umbrellas, value $1.50, from a steamer at Hongkew Wharf. Yesterday morning, before the above Magistrate and. Mr." S. F. Mayers (British Assessor)—-A' man got 200 blows and three months' imprison. ment for stealing silk clothing, value $45, from 19, Soochow Road—Wong Ah-king, hawker, was charged with' attempting to commit suicide on the afternoon of the 4th inst. by jumping into the Soochow Creek, from off the Garden bridge. Prisoner was sent to the Refuigé—A blacksmith received one month's confinement for being onthe enclosed premises No. 4, Hankow Road, for purposes of félony—A womati, Sze Doo.tze, who was previously remanded on suspicion gold rings, 7 gold hi pi Sols are of stealing a box containing 72; pear! earrings, and other jewelry, value $600,
Text read from the printed page and cleaned; old type leaves the occasional error.