case involving an alleged! wrongful conversion of personal] property came before his Honour, Judge Purdy, in the U. S, Court for China on' Monday morning, plaintiffs in the action being Alexander—MeLure, Tom Griffin and John Alexander Turner, doing business under the name Seth, Mancell & MeClure, together with Wang Tze-kong, Wong.
Ting-jub, and Chan-tay, receivers and/or liquidators of" the Compagnie Orientale de Capitaliss tion. Defendants were Messrs. 0.
G. Steen, W. I, Eisler, J. Harold Dollar, and the Realty Syndicate, Appearing for the plaintiffs were Messrs. Schuhl & Schoenfeld, Davies and M. A. clu Pac de Holcomb represented the defendants.
The plaintiffs set forth in their complaint that the, Compagnie Orientale de Capitalisation formerly had an office here organized under French laws, and that since the appointment—of receivers they. were a company operating in the International Settlement, unrecognized by any Power having extraterritorial rights. Plain tiffs "alleged that they had been appointed by the Provisional Court as liquidators and receivers of the C.O.C. and that all titles to assets! were vested in said liquidators. and receivers. Subsequent paragraphs of the complaint stated that in January 1927, the C.0.C.
Fully possessed and entitled to possession as owners of 358 shares of the Realty Syndicate, Inc, to the value of Tis, 114,657, ' During the month following that' time defendants unlawfully took and converted to their own use the said shares which defendants had failed, refused and neglected to pay_ plaintiffs, Judgment was asked for Tls. 114,657 With interest and costs or for an shooting Dulin had snatched his blackjack from around his belt and attempted to use it on him, defendant backing away in great fright Then defendant had fired the two shots, both in the air, In his argument Dr. Sellett point fed out that accused's story sounded like a fabrication pure and simple. Ho had had ample opportunity to subpoena members of the crew of the vessel, upon which he was employed, to' give evidence in his behalf. This he had not done. If the Government's witnesses were to be believed, he continued, counsel felt that hehad proved his ease under the first indictment, the penalty being 15 years imprisonment. The maximum penalty on the second daunt, ie, assault with intent to commit mayhem, was ten years im~ prisonment, and a fine. Further, Dr. Sellett added that he had sympathy for the defendant, but, as he believed him to be a dangerous man with a weapon, he, counsel, would have to ask for a heavy sentence.
Mr, Schohl contended, that, ae: cused's of 380 months without demerits showed his worth, By virtue of his position, accused Jarge man, his client was small, and doubtless he felt that his life' was in danger, when he acted as he did, firing twice in the air after Dulin had taken the blackjack from him, Counsel would ask for a dismissal of the four counts in the indictment. order that the shares in question' should be returned to plaintiffs.
Mr. Fessenden acting on behalf} of Mr, Steen moved the Court to order plaintiffs to make their petition more definite and certain. Mr.
Schuhl thereupon offered to file ink concerning the date of appointment by the Provisional Court of the plaintiffs as liquidators and receivers for the C.0.C. and the Judge Purdy, in giving judgment, said that the Court had sympathy' for accused. It appeared that the crew delighted in teasing and tormenting the diminutive watchman, and friction increased as a result. Accused doubtless became irritable, Probably on the day in question d fendant deliberately went to his room and armed himself with the that his po order of the Provisional Court ins ituting the action in the U. S. pi Court for China.
Defendants were thereafter given by the Court 20 days in which to file their answer to the complaint,
Text read from the printed page and cleaned; old type leaves the occasional error.