The action against Captain P. Y. Anguo and Messrs. J. L. Wade, Charles Thompson, R. H. Purcell, and L, F, Sequiera, the committes of the Thirty Club in 1926, in which Chang Yue-chih sued for $6,333.80, the cost of furniture supplied to the club through their president, Str. G. 0, Wootten, was continued in AI, M, Supreme Court on March 1, before the acting judge, Mr. G. King. Mr, Reader Harris represent ed the plaintiff and Mr. K. RB. Newman the defendants. The defence alleged that the furniture was bought from Mr. Wootten and that he was fully paid.
The examination-in-chiot of Mr.
F. Sequiera, who was in the witness box when the hearing wax adjourned on Thursday, was resumed yesterday by Mr. Newman, Continuing from the point he lett off the day before, the witness said that he had seen a receipt from Ma Fei & Ca., of which the plaintitt was mthager, in the file kept for the accounts' of the new club, Th auditor had seen it about April 1027, but the file had since dis the possession Marques, the Marques' had oft the club about the middle of 1927 and the witness did not know where he was now employed. Unfit Mr. Machado's letter demanding payment, witness kno of no quests for 0 club, Mr, Wootten'y Power of Attorney.
At this point Mr. Newman at: tempted to put in the "North-China' Hong List us evidence that th plainti® had been "Mx. Wootten's compradore, but the court would not allow it. His Lordship said that it inst be proved first who had sent the information to the "North-China' Daily News."
Crossexamined by Mr. Reader Harris, Me, Sequiera stated that he held Ale, Woottep's power of attorney, but he did not know what banks Mr, Wootton used. He had not been to examine Mx, Wootten' private ueeount to see if the money he had received had been paid out. The furniture had, been supplied by Mr. Wootten in his capacity as a miomber of the firm of Wootten Patstone. He had left everything to Mr, Wootten. He believed Ma Fel's receipt had been signed by Mr. Wong, and he had no suspicions of its genuineness.
Mr. J, L, Wade stated that he was nep on the committee of the club when the furniture was orde ed. He had been deputizing for Ar. Thompson, who had been elected hut was in Europe at that time. When My. Thompson returned he ceased to attend committee moctings. In April 1927 he had audited the club's accounts. He remem. ered seeing a receipt from Ma Fel & Ca, amd thought it was for Tis, 4,000, He took this receipt away with him as it was attached to another in Chinese. The other receipt he showed to his insurance compradore to discover whether it was in order. He saw it replaced in the proper file.
Under eross-examination he said that he could not remember the date of the receipt. He thought it was signed by a name beginning with W. but could not swear it was Wong. Me did not verify the ye No furniture had been any committee meeting ko attended.
"Yang Teh-chang, compradore of the instrance department of Messrs. Probst Hanbury Ltd., corroborated 'Mr, Wade's testimony' as to examin-the Chinese receipt. He could remember who the receipt was from or how much it was. for. Attached to the Chinese receipt was another in English, jon to Wootten Mr, R. H, Purcell said that he was secretary of the committee of the club in 1928. He agreed w not understood that Ba Fel's were taking all the furniture. He knew nothing about Ma Fel's and did not hear of the claim against the dud il November, 1928. He saw no list of furniture, and the committee had approved' Mr. Wootten' suggestions in a general way. He had expected Mr, Wootten to do the! work for the club.
In giving judgment His Lordship said that the most material witness for both sides, Mr. Wootten, was n Shanghai and he did not have his evidence. The following facts were beyond dispute and admitted:—(1) That Mr. Wootten had been president of the club in 1925. (2) That the defendants wore on the committee of the elb in 1926. (3)
That Ma Fel & Ca, supplied the furniture which was now in the club. (1) That' the contractor, Yih Ta-shing, had done work for the club. (5) That the committee had put the matter completely into Mr, Wootten's hands, left everything to him, only setting a limit m expenditure of Tls. 10,000, and from this fact the whole trouble had arisen, The question he had to decide was: Did Ma Wel & Ca, look to Mr.
Wootten or to the Club for payment? The books show credit given to the club and he had been very strongly pressed by counsel to consider the evidence of the books. The most material witness regarding them, however, was dead, Mr. Zee had been to the club and prepared—the estimates and instructed the bookkeepers. It was possible that had told them to make the account in the name of the Thirty Club,
Text read from the printed page and cleaned; old type leaves the occasional error.