(Open verdict returned)
Shanghai, May 18 "I am bound"to bring In a verdict In this case that Harold Porter was (Defendant bound over)
Shanghai, May 21.
Charged with assaulting Sajar [Singh Puran Singh was bound over by Mr. C, H. Haines, Registrar, in HE, M," Police Court yesterday to be Jor good behaviour for a period of two months, In his own recognizance Jot $50, He was charged with hitting complainant over the head with a found dead in the Whangpoo River sick Sajer 'Singh had' found ena the, Whangpoo iver ick; Here Soto eetaetate', [Remit laier Salar for "Singh had treatment the Riggestthe cause of death, which took place at sometime subsequent Breh 25, 1098)" said Me.
Haines, 1 NE Coroner, at the ort US. Court for China Clusion of the inquest'on the late Mr, Porter yesterday.
Title to Bags of Salt Dr. E. G. Gauntlet, at the beginning of yesterdays hearing, said that treated Mr, Porter in November and December, 1999, when he had a suddlony very: serious heart attack which faused & complete eollapae and kept him in' bed. for" about six "week Everything pointed to. this. having been caused by a cloting of blood tne of the small blood vessels of the Reart. Even it recovery occurred, Was always lable to fest, and' t0 ome of suddenly and with practialiy'no warning.
Clotting was suspected mate. Porter's coe five years ago, but it Was Possible he. hod' had an' attack of inging, which showed few signs. A heart specialist f0 whom br, Gauniett ent Mx Porter said he could find no flgns" of urorbosts or any. other of the attack, "The Arst "or Second ack of angina might "The last witness of the inquest, Mr. G."0. 'W. Stewart, ofthe. current Recounts Dept. of the Hongkons. Shanghol Bank, produced statement of Mf. Porter's account from Decem-beg 3, 1894, to March 10, 10a "iris shows a balance of about $86 og This "account" commented the Before giving his formal verdict, the Coroner so Safhere has been considerable time taeen® over this Inquest because It thas been impossible to til, from the medical evidence, what was the real cause of death. "There have been number of suggestions as to the pos Sibte cause of death and these nave been investigated very thoroughly by the police. f have seen number of reports having no bearing at all the use of death and 1" nave not thought it necessary. to have this evidence in this enguley.
"One thing seems fairly certain—there was no external violence used, far', we can tell—and it is true that Mrs Porter "was in very bad way "Mnanelally, "which must. have caused him a considerable amount of worry, "here is the pesable motive for suicide but it does not necemerily follow that Mtr. Porter had taken the have had this morning evidence from' Dry Gauntlet which, makes clear that the condition of his heart Sras" such that he might have Nad 3 Hoard attack at any. time, We have 2"poat mortem examination which foveals there. were no internal éxtemnal evidence of death by drowns ing, 'That may have been due to the fet hat the body was so Dadly decomposed aso male it Impossible for {he doctor who made the post mortem examination 40 come to any dofnite conclusion," No other cause' of death was found: that may ingve. been and probably is due to the advanced state of decomposition of the body.
"The position fs roughly this, Death may have been due £0 downing oF due (ea sudden heart attack which itr, "porter had suffered "from previously and was liable to suiter From<at any time, "Then it seems very clour 9 me from the evidence of Afr eeenon and Mrs, Mackenzie that they had "seen His, Porter on the morning of March 25. "I am satiated {hey were not mistaken and that was
seen alive al ihe ae tine tat 'Porter was qua' it impossible to come to any definite conclusion as to the cause of freath." Although there fo undoubtedly {motive for sulla 1 cannot say that fie, Porter, committed. suicide. His audition. is quite consistent with death from a sudden attack of angina orvother heart trouble.
"Pam bound to bring in a. verdict in this case that Harola Porter. was found dead in the Whangpoo River at Pootung on the seventh day of April. 1938; there is no evidence to suggest 00 DE SANG (Kung Mow Salt Gutld)
(COMMERCIAL EXPRESS & STORGE CE, Before Judge Milton J. Helmick (Judgment for plainti Shanghai, May 18.
"The salt was kept by plaintiff in his godown in Pootung but was removed therefrom, transported across the river and stored with defendant, all without the knowledge and ce sent of plainti er the Salt Administration," said Judge Milton J. Helmick when he gave judgment in favour of the plaintiff in the US. Court for China yesterday in the case of Koo De Sang (Kung Mow Salt Guild) v, Commercial Express Storage Ca. The latter had told the Court it was holding the salt in storage for one "S. Nishimura," a Japanese firm. which had failed put in an appearance in Court al though notified by the Clerk of the Court.
Giving judgment yesterday. Jud} Helmick said:
Plaintiff by this action seeks possession of 1,507 bags of salt of which Ihe claims to be the owner, from the defendant which holds them in it warehouse, The defendant, by way. fof answer to plaintiff's complaint. Jadmitted possession of the salt but Jdisclaimed any interest therein ex-Jeept a lien for storage charges, and alleged that it held the salt in storage for the International Chemical Dyestuffs Works, a Japanese firm repre-nted by S. Nishimura, to which defendant had given its receipt, Plaintiff led a reply to defendant answer denying this amrmative matter on information and belief and consequently the case became at issue and was set down for trial in due course. On the trial the plaint-introduced evidence to establish his ownership and defendant introduced evidence of storage by the third party. At the conclusion of the [nearing the Court felt that element Jary considerations of due process of Jaw demanded that opportunity be Jgiven the non-American third party to be heard on his claim even though the court was powerless to issue any compulsory summons to him.
Accordingly the Clerk, under the instruction of the Court, caused to} be delivered to the non-American third party on April 21, 1938, a notice which informed him of the disclosure fof his claim on the trial of the case and which invited him within ten Jdays to file a statement of his claim Jon which he would be accorded a hearing. At the expiration of the period, the Court extended it an additional ten days. 'The third party' has made no response to this notice jand has not intervened in the carse for appeared in any other manner.
This Court has heretofore held that a proceeding in rem where it has Jurisdiction of both the defendant and the res and where after notice a non-American third party claimant docs not see Int to appear or Intervene, the Court will be under no embarrassment In proceeding to a. determination of the cause with the parles already before it. See Hudec v. JGrant Mark, defendant: China Finance Corportion, garnishee, Cause 3599.
The evidence on the trial convineingly established a title in plaintiff to the salt, derived from and finder the Salt Administration of the Chinese National Government. The evidence further disclosed the salt was kept by plaintiff in his godown In Pootung, but was removed therefrom, transported across the river fand stored with defendant, all wit Jout the knowledge and consent of plaintiff or the Salt Administration. There is no evidence before the Court to indicate the nature of the titre! Which may be assorted by the third
Text read from the printed page and cleaned; old type leaves the occasional error.