Defendant in this case refused to give up claim to certain lands in the Paoshan Aistrict alleged to have been purchased by William Frederick Lewes, deceased, in the year 1882, and held on his behalf by defendant's husband until his (the hus-'s) death, Nelson (Messrs. Stokes and appeared for the plaintiffs, and Mr.
jorgan Phillips (Messrs. Dummond, and White Cooper) for the defendant.
Mr. Nelson in opening his case said defendant was the widow of the broker, Tsin Shu-foong, through whom Mr, Lewes bought the land. The broker employed a man named Yuen Mow-yung to negotiate with the country people for the sale of this lant, and he intended to call him to we that he bought this land through Tsien, knowing he was buying for a foreigner. The laud was purchased for about $30 per mow. Mr. Nelson men: tioned that the bills of sale delivered to Mr. Lewes for some of the lots were fictitious, Certain +ums of money had been paid for certain Its and the bills of sale made out in Lewes' name. It was ye difficult at that time for foreigners to obtain title deeds for land in the Paoshan district. Mr. Lewes shortly afterwards died, and owing to his representatives being in Europe certain delays occurred which were increased by reason of Mr. Wainewright's death, A suit was heard in the Mixed Court in re this land in 1898 before Mr. Cheng, magistrate, and Mr. &. T. Williams, American assessor, when the magistrate said he would consider the case, and give fadgment, but after this it was ascertained that the case should hare been brought through the British Consulate. Tls. 1,495 ad been paid for the land. Defendant, Mr. Nelson was informed, had parted possession with some of this land and her claim had been that Mr. Lewes presented the money, Tls. 1,495, to her husband. In 1896 she called at Johnson, Stokes and Master's office and offered to refund all the money that bad been paid. Mr. Nelson contended what man of business like Mr. Lewes could not give such a present to a broker.
Char Gno-kee was called and said he was a lawyer's clerk. He knew Capt. Lewes, and also knew his handwriting. Witness read a number of counterfoils to a cheque book which he said were written by the late Capt. Lewes. Some were payments on recount for certain lands in the Paoshan, district, made to Chin Ssu-fong, and some as absolute purchase money. The name, witness said, was spelt differently in Evglish, but it meant Tsien Ssu-foong. Witness considered Mr. Lewes a very careful man who was not at all likely to make a present to a broker of any such sum of money. Mr. Nelson stated that he had an entry in his day book, which was at the office and hich he wished to show the Court, relating this purchase, Mr. Phillips submitted that was not evidence Mr. Nelson said it had been held that an entry in a solicitor's day book was taken as strong evidence.
Mr. Phillips claimed that his objection was obvious.
The Assessorruled that the book could not be excluded if Mr, Nelson brought it into
Text read from the printed page and cleaned; old type leaves the occasional error.