The Archive · 1925

Civil Petition Filed

At the same time a petition ina civil action was brought before the 'Asvesxor and Magistrate in which N. F. B, Para and G. Dadunashvilli were' plaintiffs and Gwanho & Cox, Ting Hong & Ca., Yih Ching-woo, C.K. Yap and Zung Tyx-moo were defendants, and application was. made for the issue of a summons for immediate security in the sum of M.81,000,000. 'The petition alleged that a cargo of 180 cases, of opium was shipped from Con-Mantinople on February 20, 1924 a Japanese steamer' for Muaivontol under a bil of lading Jointly owned by plaintiffs, that when the cargo was passing the Chinese court on this steamer the cargo. was feloniously removed by} the defendants from the ship and had been taken to Shanghai where it had been sold by the defendants trid that by these sets of defendants the plaintiffs were deprived of the cargo at. the port. of destination, amely Vladivostok, und that. they had thereby. suffered damage in the sum of M.81,296,000, which sum represented the value of the cargo 'The' plaintiffs prayed rent for M.$1,206,000 with from the date of the due aryl the this at Vladivostok, for a summons for immediate security in the num of M.81,000,000, for an order Of attachment of all the commercial books, files, bills, moneys. and goods which might be found upon the premises of the defendants and costs.

Magistrate Sung was unwilling to make an order for immediate security inasmuch as relief was sought in respect of illegal dealings in opium and I would mention in connexion with Magistrate Sung' objections and as illustrating the attitude which has hitherto been adopted by the Mixed Court, that la March, 1924, an action was brought by one of the partners against other and when it was shown that the partnership was for the purpose lealing in opium the Court dismissed the action on the principle turipi cause von oritur asti and ordered the prosecution of both parties to the action. The parties: rare sabeequentiy' prosecuted and Mr. Exra'e Nationality search warrant for the premises at 51 Carton Road and a warrant for the arrest of Yih.

Ching: 00, C. K: Yap and Tung Ts: meo was however issued.

The search warrant was duly executed and as a result of the discoveries made during the search the Police brought the charges aguinst the seven accused, which were heard on the 13th and 14th' instant, As announced at the commence. ment of the hearing of this cas the further charge" against Yi Ching-woo that he with other named C.K, Yap and Zung Tsz-moo id dispose of certain opium obtain-Jed by unlawful means,.the property of N. E. B. Ezra and G. Dadunashviili, will' not be proceeded with until the British, Spanish and Chi authorities have had time to discuss the status of N. E. B Era with a view to arriving at' some agreement as to the constitution of the Court which is to try the case, lowing to. the contention of the! Spanish Consul that by the act of registering Ezra at the Spanish Consulate he has conferred upon him" extra-territorial rights. No agreement has yet been reached, fand this charge is therefore remanded for fortnight. 1 would, however, at this stage remark that the year 1911 in which Ezra maintains he ceased to be a British subject the year in which an agreement was made between the Chinese and British Governments by which the import of India opium into China was to be gradually diminished until the Jyear 1921, when at latest, it was to cease altogether evidence in the present ea leonsists of a number of document jand translations of documents: found on the premises, which have been printed and run to 76 pages, considerable quantity of opium found concealed on the premises jand the arrangement of the premises themselves.

The premises have been inspected by the Court and the inspection shows that they have been coastructed or altered so as to provide Jo number of concealed receptacles for the storage of opium. Part of the opium was only found by removing the floor boarding and partitions. One of the rooms bells in each of the four corners the purpose of whic may have been to facilitate the giving of an alarm in ease of a sudden raid.

Amazing Documentary Evidence The principal part of the evidence Jeonsists of the documents found. jon the premises. They include three codes, in one of which heroin vol, morphia Another illuminating document is jan agreement in Chinese between two partnerships, the Dzien Kyih Ca, (of which Yih Ching-woo, the first accused, is an active partner)

Text read from the printed page and cleaned; old type leaves the occasional error.

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