The cross-examination, the ye~ examination and questions by his Honour Judge G. W. King, of Kwok in-yung, agent of the plaintiff in the ease of Gen, Yang Chun-chang Wade, occupied the entire session in ILM, Supreme Court on July 26. Gen, Yang is seeking to recover Tls. 90,000 in connection with allegations which he made to the effect that defendant fraudulent represented to him that he could secure French registration for the str, An-lan, which boat, he claims wa: seized last year by the Wuhan snilitary authorities because of alleged irregularities in its registry.
Counsel appearing in the case were Mr. John MeNeill, for plaintiff; and Mr, E, L. Hartopp who re-precented defendant.
Witness (Kwok Mfin-yung), in answer to questions put to him by application for the temporary suspension of an order for the deportation of Enoch Binks which was issued by H. M. Court in Tsinan and recently confirmed by the Full Court of Appeal here, was refused on July 27 by Judge G. W. King in HM. Supreme Court. Mr. Paul Urban appeared for Mr. Binks, and the Crown Advocate, Mr. A. C. Mossop, opposed the application.
Mr. Binks was originally sentenced by the Consular Court in Tsinan to one month's imprisonment and deportation, and his appeal was unsuccessful. Mr. Urban asked the jecurt temporarily to suspend execu tion of the deportation order pending an appeal by his client to higher courts. Deportation would mean death to his client, who was 10 years of age and in straightened financial circumstances. His client's friends would leave no stone unturned to save him from this.
The Crown Advocate contended that friendship which ended at the told him that, the An-lan flew the French ting, it was necessary to engage Ma knew of all ra so he had been placed on dourd, The captain was not under him but simply consulted him. Ma did not refuse to tolerate the engagement of a French or other foreign master except one who submitted to his orders. Capt. de Bishop was paid $400 a month and defendant had stated that he was willing to pay another §100 himself, making $500.
Jietty in Shanghai was incomprehensible. If the applicant's friends ]were prepared to do something for him if he were in China, was the Jeourt to infer that they would do! nothing if he were in England?
Mr, Urban said that his client {friends here were prepared to put} recognizances in Shanghai.
'Mr. Mossop replied that of execution in this case establish a* precedent applications in other ca After some legal discussion, His Lordship refused to grant the' stay Jor execution, Re-examined, witness corroborate ed his former statements as to the payment of certain money to defendant in the presence of other foreigners who were in Wade's office at the time, Wuhan in Rebellion Interrogated by the Judge, witness, said that he had been agent for Gen, Yang since Jamuary, 1928. He had once held the rank of quartermaster-general. He knew the early History of the case. Asked why they were afraid of the Wuhan authorities, he said that the Wuhan people were in rebellion against the Central Government and had start. a movement.
He took no interest in the flag of the ship, He had soon the French flag. once before but he did not know the Cnatoms regulation that the flag had to be flown when the vessel sailed. The flag might have been up when the steamer sailed but he did not sce it: someone might have taken it down after it had be put up. During the voyage no one spoke to him about the flag. When they arrived at Wahu no one hoisted the flag and witness did not noti any because he paid no atten!
Continuing, witness aid that the Vessel anchored at Hankow near the French Concession—in midstream.
There were no wharves. Two pi clothes men came on board at first and later uniformed men came up and took over the steamer.
His Honour: Has there been any effort to get any money for it?
Witness: No, We could not get any because the people who seized the vessel are no longer there.
If they were there, would you try to get money from them?
It the boat were there after the war, we would probably get it back, In reply to further questions, witness said that the An-lan had unk at a place called Chenglingchih, on the Hunan-Hupeh border While it was being used as a transport by the Wuhan authorities.
Text read from the printed page and cleaned; old type leaves the occasional error.