"This is a lawyer who io himself clumsy and foolish." "He is only fa lawyer and I will not listen to his words." "I will not recognize any dishonest lawyer in this court.'—'These very strong words were used in the Shanghai Provisional Court on March 10° by Judge Yang Chao-lung against Mr. M. Blum-field Brown, a partner in the firm of Messrs. White-Cooper & Ca. and 'a respected member of the British' Bar, Judge Yang, who is only a young. man, and who was recently appointed a member of the Bench, ing with Mr. G. A. Herbert, Consular Official, who had to protest orally on several us during the session, The first ease which came up before the Court was one in which the China Merchants Bank (in liquidation) were plaintiffs against Thomas Goon Wong, proprietor of the "A.B.C, Underwear Ca, connection with the execution of a judgment rendered by the Appellate Court of the former Bureau of Foreign Affairs for Kiangsu Pro-vireo, Mr, E. L Hartopp appeared for the China" Merchants, Bank and neither defendant nor his counsel put in an appearance, Mr, Hartopp said that his application first came up before the execution court on February 17 when the Court advised the parties the action to come to an amicable settlement and ordered a week's adjournment in order to enable defendant's counsel, Mr, K. L. Yao, approach counsel's firm. The Tndge said at the time that plain-tifts should waive a certain portion of the claim, During the interval, continued Mr, Hartopp, "his firm (Messrs. Teesdale, Newman & McDonald) got into comniunication by telephone with Mr. Yao and asked him to call at their office to discuss the matter, but apparently he failed to do so. On February 24, the ease again came up and was again adjourned enable @ compromise. Nothing ard from Mr. Yao so a letter sent to him on March 6 enclosing a statement of account. showing. the amount payable defendant in accordance with the judgment.
No reply was received to this and neither defendant nor} counsel were now in Court. He, therefore, asked for a sealing order against defendant's premises enforce payment under the judg iment.
The Judge: Strictly speaking, defendant should pay the full amount of the judgment, but it seems to me that, in a case of Higuidation, the debtors are called upon to pay the full amount of debts duc, whereas creditors Yeceive only pro rata payment, this court, we should give such matters sympathetic consideration. My suggestion is that plaintit's should reduce the claim, In answer, Mr. Hartopp pointed out that, in accordance' with the judgment vendered by the frst court Against defendant, interest—was granted but, apparently, in the appeal court, the Judges had overlooked the question of interest and did not include it in their decision. Therefore, said counsel, the juds ment already had been reduced by about $2,000. The claim was on an overdraft and naturally interest should be paid as in the-case of all debtors. Tu all" liquidation cases, creditors and debtors were treat.
alike and. the liquidator was Simply enrzying out his duty pressing for payment.
At this juncture, Brown, who was appearing in another "ease, was apparently observed talking to Mr. BE. Maitland who was sitting next to him, so the dhidge ordered him to Teave the Court.
The Judge then made an order that defendant should pay the claim within two weeks, Mr. Hartopp: I thought I came here this morning to get payment of the judgment debt enforced. I fam afraid T don't understand what the order me The Judge. (warmly) the order I make: that defend: to pay within two weeks, failing which further action will be taken by the Court, Despite protests by the plainti counsel and Mr. Herbert (the British Consular Oficial) that the lease had already been adjourned twice before to enable defendant to arrive at a compromise, the Judge refused to grant the sealing order, but he would only make the order as stated.
After two small cases, the matter' of Harvie, Cooke & Co.'v. Van Lee Yuen came up. Mr. Brown, plaintiffs' counsel, had previously appeared in court twice and exp! fed that plaintiffs had been paid in full 50 his clients wished to with-
Jdraw the case.
The Judge, after questioning the accountant of the plaintiff firm as to what the amount was and what had been received, suddenly broke into a tirade in Chinese against Mr. Brown. The first words of the interpreter being "You are dull witted".
Mr. Herbert apparently was un-Jable to believe that the Judge had this, and asked for the the Judge suddenly broke out into saying that Mr. Brown wa:
lawyer and he would not tolerate a dishonest lawyer in court, Mr, Herbert was then heard to say to the Judge that he had no alternative but to leave the court unless the Judge could see his way to withdrawing the objectionable land, as far as he knew, the unealledfor remarks which he (the Judge) had made.
Mr, Brown said that, in view of the Judge's remarks, against which he strongly protested, he had no alternative but to leave the court, Which he did, Mr. Herbert following.
Text read from the printed page and cleaned; old type leaves the occasional error.