The Archive · 1930

A Complete Letter Writer: H, Edulgee of 34 Avenue Dubail

ins' summoned before the acting; Registrar, Mr, C. G. 0. Anderson, in HIM,' Police Court on June 38, to answer charges preferred A. da Silva of Chemical Industries Ltd. to the effect that he maliciously sent or caused to received by ph letters threatening to murder him or," alternatively, of sending Jetters to plaintiff demanding money by means of menaces and without xeazonable oF proper cause, Plaintit was represented by Mr. Tycho Wing and Me. B, Maitland] defended, Mr, Wing read a considerable amount of "correspondence bearing! fon the case, which, it was alleged, arose through a "debt, of $97.90 Which defendant claimed was owing! {to him by plaintiff, Counsel mention-oda paragraph in-one of defendant's Tetters which was worded as follows:

"Now as the amount is too small to cope with Court eases and lawyers fees; of which you are taking advantage, as also. you are teasing by your rubbish gesture; which Jesture only a low class loafer man, can. perform on public streets, that adg me feel sick and faded, Hence Trask you to stop this gesture or else I will be compelled to take the Inv! in.my hand to stop it, The only thing T should say here is that you any owing any money to me:—It alright; T will Tet it. gos a man can deceive aman and swindle a Ian; but he cannot deceive the AT~

MIGHTY NATURE, Hence T may say that every dollar you owe me and deny payment, you shall soon have! to spend them in buying coffins and funeral service, which you will soon! experience, The first cetin to leave} the Auvergue Terrace (where plaint, {if ives) will be from House No 74."

This, contended Mr. Wing, was learly' a threat to murder and the whole of the correspondence demand-Ing money was a series of threats.

Antonio F. de Silva, a Portuguese om in Macao, said that he became acquainted with defendant "about four years ago through a Russian friend, His (plaintiff's) wife had een in hospital and she was weak for some time afterwards. His} Russian friend recommended _an Indian doctor, namely, the defendant, witness got into touch with the Tatter who gave something for which he charged $4.50, Witness learned that this was a patent medicine, the paper of which had been changed and which could be purchased at a much lower price, He was not} satisfied and told defendant, so. Witness was a sergeant in the Police] Specials.

Continuing, witness said that when hho passed defendant's house, the Hatter insulted him and spat upon' him. On May 31, he changed his address and defendant went to the old house accompanied by a boy with: the intention, of "giving him a Ueking." Defendant had never sued him in the Portuguese Court beat he never had a claim on him.

Cross-examined by Mr. Maitland, witness said that neighbours had told him of defendant's visit to his old] address. He did not meet defendant and never saw him with a stick, He denied making insulting gestures fat defendant because it was not, habit, Defendant had never done} anything of a violent nature to Mr, Maitland:—Do you know that] defendant, who is an Indian, meant "God will punish you" when lih wrote the paragraph you complain} oft don't know if he meant that when he mentioned coffins and funerals.

Witness said that he always spelt his name Silva and not Silver. He denied being known as Antun Silver.

Who Registrar announced that he: would try the ease summarily but Mx. Maitland suggested that there was no case and asked that the charges should be dismissed, Mr, Wing opposed this, Defendant then gave his version of his meeting with plaintitt and escribed the various transactions en them. He mentioned plaintiff owed him $97.90 and that ha used to visit his (defendant's) house regularly to get iced beer whiskey sodas. He denied dai that. he was a doctor.

Defendant continued that plaintiff continually made insulting gestures at him and, one day, in the tram, in the presence of many ladies, and gentlemen, he made Indecent gestures at him. This provoked witness so much that he wept home and wrote the letter complained of, Money did not matter! tohim so long as plaintiff stopped making insulting gestures. When he said he would take the law in his own hands, he meant to get plaintiff and hand him over to the police, His meaning regarding the cetin and funeral was that plaintiff's wife was ill and he, defendant, could contribute the money towards. the purchase of her coffin and the funeral, seeing that plaintiff refused to pay him, There was no suggestion of murder.

Cross-examined by Mr. Wing, defendant stated that plaintiff made the insulting gestures at him in a tramear and the people laughed.

Mx, Wing:—What a tribute to the place! I can scarcely believe it.

Defendant was then questioned as to the correspondence and he replied that there was nothing wrong with it, to which Mr. Wing ejaculated, Oh no! Charming, I should say!"

Continuing, defendant said that plaintiff told him that he was an officer in the police and that, if he wanted to collect the $37, he' would ave to pay $370 to do $0.

Mr. Wing:—And you call yourself an experienced business mant Defendant:—That's what he told me, I didn't believe it. He said he was in the police and did not say he was employed at the Chemical Industries: he always boasted of the arrests which ho had made. He provoked me to write the letter and T was under the impression that he was a police officer. When I went to Central Station, they told me there was no such person and that there was no Portuguese in the Defendant closed by at] he did not threaten to kill plaintiff. He only meant to say good-bye to the money plaintiff owed him, that} he would contribute it to plaintiff's grave because plaintiff could not take merey with him to the grave.

The Registrar found "defendant guilty on the alternative charge and bound him over in his own recognizances to be of good behaviour for six months.

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

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