Mr. Ziar (continuing)—From this it appears that Linn has taken this 1 case into court without instruc-j tions. Mrs. Sung "says she never, gave instructions to Chang Su-vungto sue Zau Ngauh-fang. Chis may be the case, but Chang 6n-the other hand gave instructions to Linn to sue. It is the usual practice, especially in China, that we. lawyers have to take instructions not from women direct, because: they are afraid to go to law offices, but from men supposed to be their agents. I respectfully submit that Linn took_the instructions as coming from Mrs. Sung, through her duly appointed agent Chang, andj he believed them to be genuine.! Chang, it appears, fooled Linn, but! this does not constitute a crime on, Linn's part. Instead of being blamed, Linn should be given credit as he had reason to believe that the instructions were genuine. This power of attorney (handing it in to the Bench) has been signed iby Chang, so it is quite plain that, aside from other indirect evidence, Linn believed he was acting for ADs.
Sung. When an_ application was made by Linn at the outset of this same case for immediate security before Messrs. Blackburn and Yui, this was granted because the Court in this instance took Chang as the agent for the woman. As to the application for an adjournment on the ground that his clients were not in Shanghai, Linn had every reason to believe that this was so, statements in this connexion also being received from Chang.
Linn, called to the witness box, said that he acted in good faith on the instructions from Chang who he had every" reason to believe was agent for the woman. He did not know that the woman was in Shanghai and had never dealt with her personally. In fact he had never seen her. The man Chang was out of Shanghai at the present time.
Text read from the printed page and cleaned; old type leaves the occasional error.
