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SjCASE TRIED IN KINGSTON COURT YESTERDAY. !•»---The Action of Ching Chong v* Ho Kin andHo Loy,A ‘CELESTIAL’ LAWSUITJudgment Given in Favour of DefendantsWithout Costs.The suit of Ching Chong vs Ho. Kin and Ho Loy, in which the plaintiff claimed £22 Is., being the amount due to him under instrument in writing, dated May 23rd, was heard in the Kingston Court yesterday, before His Honour Mr. Justice Cargill.Mr. L. V. D. Samuel appeared for the plaintiff, whilst Mr. Lewis Ashenlieim represented the defendants.The Chinese community' was well represented in Court. The case was very amusing, and at the same time was of a rather unusual character.GROUNDS OF DEFENCE.In addressing the Court,- Mr. Ashenheim said that he had several grounds of defence, ,b\it he would Only give one. In this case, the plaintiff was engaged, in emigration business. The Exclusion Law of Panama prevented Chinamen from landing at Colon, and unless a Chinaman was resident,at Colon two years ago, he could not go to Colon and remain there for any length of time. If Chinamen were travelling in transit-they would only be allowed to touch on the sacred soil of Panama and then pass on. Chinamen residing in Colon since two years ago were allowed to remain there on a permit. He would tell His Honour how Chinamen left Jamaica and entered Colon and the ■permits of dead men.Mr. Samuel (interposing): Is that your defence?' Mr. Ashenheim: 1 really knowwhat my defence is more than anybody else. I am not allowing anybody to state my defence for me.His Hoi-our (to Mr. Samuel): If you wish to state the case for the other side, I will state your case for you.Continuing, Mr. Ashenheim said, tnat-in this matter, the plaintiff was engaged in an extensive trade, to ev.ade the Law of Panama and smuggle Chinese into that country.. Ho Sang was n gentleman to be transported by vthe plaintiff, if he guaranteed to, pay the sunTof £22 Is. Ho Sang told the plaintiff that he would not pay the amount until when the plaintiff had got him safely into Panama. The plaintiff told Ho Sang that he would agree to his (Ho Sang’s) proposal if Ho Sang would find securities to guarantee that be (Ho Sang) would pay the money when he. reached Panama. Ho Kin and Ho Loy were thn asked to stand as securities and they agreed to -pay the money to the plaintiff if Ho Sang, three weeks after he reached Panama, did not forward the amount.Of the amount charged, £9 was for the plaintiff and the balance for expenses. The plaintiff took Ho Sang to the Panamalnian Consul to get a permit, and told him (the Consul) that Ho Sang was going to Peru, via Colon. Unfortunately the plaintiff was too greedy ana shipped nine other Chinamen along with Ho Sang all said, to be going to Peru. The Consul became,suspicions about so many Chinamen GOING TO PERU and on making enquiries he found that Chinamen could not go to Peru, 'because a similar law of exclusion to that in force at. Panama also existed at Peru. The whole business was, therefore, exposed. So Ho Sang and the other Chinamen of the consignment, when they arrived at Panama found. the police awaiting them, and they were apprehended. A Panamanian judge then ordered them to he detained within the sacred precincts of the jail of Panama. The men were sent back to Jamaica by the next boat. Ho Sang1 lent him the money on the paper (produced). I got two other Chinamen to sign the paper because 1 wanted guarantee. 1 went to the places itl a bus' with Ho Sang. L paid £ J J Os. for ‘bus hire. Ho Sang promised to give me the amount claimed for what I had done for him. Ho Sang docs not speak English. I speak Spanish a little. When I go to the Consul I speak Spanish, 1 carried Ho Sang on the boat, i deposited him on the deck and the boat left for Colon. Ho Sang’s brother wrote to me asning me to send Ho Sang to him in Colon. Ho Sang came back and I asked him for the money. Ho Sang refused payment. I never got any money.THE WITNESS CROSS-EXAMINED.Cross-examined by Mr. Asheen-heim.How many Chinamen you sent to Colon along with Ho Sang?-— Four of them. . 'I suggest to you that you shipped nine of them?—No, no. Nothing doing- (Laughter),.Mr. Ashenheim: He speaks American now. That is the man that said he could not speak English.To witness Did you take all of them to the Panamanian Consul and ask for permits?—-Yes.Where did you tell the Consul they were going to?—To Peru.You knew perfectly will theywere not going-to Peru, but .theywere going to Colon?—That is for him (the Consul’s)' business,You knew Ho Sang was not going to Peru?--I don’t know.You kne^a Chinaman can't go to Peru?—A Chinaman can go to' Peru.You say you paid £13 Is. for permit, etc., what was the other £9 for? —For my trouble. Would you work for nothing?Everyone of the other Chinamen paid you £9 also?—No the other four agreed to pay me that-'The other Chinamen came back too?—Yes.Don't you know the Panama police sent them back?-—1 no business that. I don’t know.What d:a you do for that money? —Why you work to-day?Ho Sang came to you at the first time and told, you he wanted to go to Coron?-—Yes.You knew then that Chinamen couldn’t get a permit to go to Colon? —I don'1 know nothing *bout Colon Law. ..... . . .AN INTERRUPTION.Mr. Samuel here addressed a remark to the Judge6.His Honour (sharply): Do not interrupt Mr. Samuel. This practice of inteirupuon is peculiar to. Jamaica; it is not done in England.Mr. Samuel: I am not the only ’sinner, Your Honour.Mr. Ashenheim, continued -to cross-examine.Hadn’t you previously sent other Chinamen to Colon?—A few.I am snggeesting to you that you sent plenty?—No.The witness here shewed reluctance to answer the questions.His Honour (to witness): Answer properly. I will dismiss your caBf’ if you do not answer well.Mr. Ashenheim: I am asking you whether you sent twenty?—I don’t know;You sent a dozen? — A lew By His Ronoui: What do you dp in Jamaica for a living?—Do you keep a shop.Witness: I keep store.Mr. Ashenheim (to Witness) : Ying Fung Chung is in Colon?—Yes.Did you cable to tell Ying Fung Chong that Ho Sang was going to Colon?—Yes.You have an office at Lin Kin kee's store?—Who tell you so? (Laughter).You haven't got an office there? —No. ••Hasn’t this, agreement signed at Lin Kin Kee's Store?—Yes. . • iKn Fat, your nephew, wrote the paper?—-Yes.iun Fat knows and writefcB English well?-—Little ‘/it.Didn’t he go to Jamaica School?— Yes.Don't, you know that Ho Sang and the others can't speak English?—-I don’t know that.Did Ho'Sang ask you, in the presence of .these people, if-you would guarantee to get him into Colon? —No-Did he ask you how much youIJulio Ardiln, Panamanian Con-■■ an ofi’crTV in this country for any-jpsul, was lirnt called. . on*; to obtain passports in the inair--*Mr. Ashenheim said that in ortb r i nor in which the plaintiff had beento facilitate Mr. Ardila, his friend ■ obtaining them.had agreed tu his reading and pining In evidence Mr. Ardila’s statement. Ho then read the statement as follows “I have been Panamanian Consul in Jamaica since the year 1907. 1 studied law in Panama.under my father with wbom I after-Mr. Samuel replied.DECISION OF THE COURT.In summing up, His Honour said that the ease was a rather interesting one. On tho facts there was no doubt that tho plaintiff carried on a contraband traffic in Chinamen, andwards practised. 1 also practised tried to evade the laws of Panama in law at Panama in co-partnership t order to get the men to Colon. Inswith my deceased orother, 1 -am fully conversant with Panamanian Law and In particular with the Immigration laws.“Law 50 of 1913 section 1 prohibits the immigration of all Chinese •Into Panama.i %Decree No. 44 issued by the Panama Foreign Office on 31st May ! plaintiff guaranteed to put 1913. (which has all* the effect of! at Colon and the defendarthis case Ho Sang wanted to join his brother at Colon to do business. That was not in itself wrong. Unfortun. ately, the law of Panama prohibited the landing of Chinbse in that country. In order to go to Colon, however, Ho Sang consulted the plaintiff, who carired on this business. TheHo Sangdefendants stoodDwould not pay the money and the securities were now being sued for j would charge to get him In to Colon?the amount. His deface was (1).failure of consideration: (2). illegal and unlawful consideration; (3). it.could not bq. enforced; and he ha'd several other grounds.His Honour: We have not yet declared war on Panama.(To Mr. Samuel) Have you anything to say? I can quite understand why you objected. I don’t.know if this- comes under the Offl- j weeks after he got to Colon?-—No.Yes.Did you say to Ho Sang that you get in plenty ot Chinamen before?— No.And you said you would give him back the money if you did not get him into Colon?—No; me no say that.Didn't Ho Sang tell you ho would send you tho money within threeclal Secrets Act.Mr. Samuel: I am running the risk of being an accessory, sir.His Honour: The real point of the case Is whether, there was consideration.Didn’t you give the government a bond when Ho Sang and the others came back?—Yes.You knew that the thing hadfailed and that they were coming back ?—No.Did Mr. Ardila, the Panamanian Consul tell you that you were sending so many men to Peru that It seemed that tne thing was bogus?— I don't understand that.,* That it was a fraud?-—No. he don’ttell mo that.I!{by Mr. Samuel.In ansyttr to His Honour, witness said that he trad no intention of going to Pern.Mr. Ashenheim addressed the Court. He pointed out that it was!*THE PLAINTIFF'S EVIDENCE.The plaintiff was then called. He said, that he had been in Jamaica for ten, years but could not speak English well. He could speak Spanish.His Honour: If you do not speak __ _______Enclish you win lose your case. ANOTHER WITNESS. . NEVER LEAVES YOUMr. Ashenheim: He is a profes- Chin Fat stated: I wrote# this docu fYNlMQTIPATFHfionnl interpreter at the Fana- meni (produced.) Koo Qull. Ho ...mananinn Consulate. Ke« Quee. Ho Kira and Ho Loy Most all liver medicines. IncludingThe plaintiff then gave evidence were present. »cAugerout calomel, leave the suffererin English, as follows:I wa* Instructed by ray uncle, j from UTer, trouble in a very con-i Ho Sang left on the boat for Co- the plaintiff to write th- paper. 1 jFtipated condition after they have;Ion. I sent a cable to Colon to read the paper to th* defendants and ; Ptlrred up the liver to merely tem-;Ho Sanc’p brother to fell him Ho and translated it into rhlnc:*. The ;porary activity. They do not go toSane wa* oominr. 1 paid IC'k for defendant* signed th* pop'ra and put ;the seat of the trouble and bringthe caW*. At the Hamburg Arr.eri- thrir mar):*. Ho Kim and Ho Lorilasting relief. They are attended can Office 1 paid £C ftp. 1 j reforested me to w rite in English. \ with unpleasant and harmful afterpaid £1 0?. it ir. for prr- Cross-examined by Mr. Ashen- j effect* whether the patient realizesml:. T wap told ;o lay down jheim. {•* not.,the money so that -;r Ho F-'anr could J Pid trey ask you to w:j«e in Eng- j Leonard!’* LIVER-A IT) Ip * ^ newno* 'stand at Colon h* **oub it bark. Ho Sane .*.?):lt;■ d tohim ra^rray to -rhn-»* v\ *:a _■ . . .1 ■ ■. .. 1 - -.cet Hsh beratrrr they could it more ; regftable L/srorery, in liquid form.Fnd i easily than Chineso? —I don't know.keffarmer ardon the*'■■): :ai?f - h-** •**ina S'H-plvV r*■ . ■ »lt; 'at.sdian’ V r r pnil\ «•f •) •V t *IMy one.)# also told ir.- to writeEncltxlL’i his closed the rntr f*7 the plaintiff.itm Twr, Ht.n.NCT..whic« in a real liver remedy. It acts upon that organ in exaMiy the pro-1 P*r way and brings relief that in.eompVte, thorough and lasting, it .lt;Joe* rr,f jr:\'n or leave one eonptip- i md permanently ptrmgthcn«. iA+ rrir,r ofa fr n r f■* *■* for a riis- jaftmnUtef and inrigorateo the liver.t.— »grounds 1 atonnaeh -ir.d Towel?. Iti - A •» a bf*t ‘ f ...rvi for AXid cat Li# affected0*1 to ft- . *V • •v -of® of ram#l butbyfir sprpawtNi t»tapoli'MrA ( .noA lt;•of the ra^e e-i *nl-M'ly r.'.enf5.'ir.‘*H- rour did 7 ' I rrar.t tb.e RV. for a largelion. by L i . Kthth CAlltd hi* vttMlMOibf drugfin* throughout theperfect IrVdoes tneharm-1He. Col 1 ilaw) makes the following two concessions, namely: —“1. By Article 24 the privilege is given of returning to Panama to those Chinese who had lived In Panama previous to Law 50 of 1913 (and were then absent from Panama) provided they held passports issued to them before leaving Panama (their latter passports being valid for two years.): “2. By Article 39 peemlsslon is given to Chinese in transit for other places to land in Colon on their obtaining a passport from me as Panamanian Consul to them as in transit travellers.“The plaintiff on 5th May 1914 obtained from me an intransit passport for Ho Sang and paid £1 Os. lOd. for same stating that Ho Sang was going to Peru. At the same time I Issued nine passports tox Chinamen who were alleged to be also passing through Colon in transit for Peru.All these passports Were supplied through the same interpreter as Ho Sang’s, and were issued at th^eame time. .“In consequence of the frequency of applications and number ©f Chinamen applying for in transit passports to Peru. TBECAME SUSPICIOUS and represented the matter to my government, and it was then ascertained that Peru also had a law prohibiting the landing of Chinese there, and that therefore these appli-cations were not genuine.Before the steamship companies in Jamaica issue a ticket to Colon to a Chinaman, the latter has to produce to them an authority * from me %s Panamanian Consul, whichvC,issue at the same time as the pas sports This was the rule in May last andstill is. *“The plaintiff used to come all the time with Chinamen wanting in transit passports, and was concerned with a large number of Chinese requiring in transit passports to pass 'through Colon.“The frequency with which he was all the time being associated with these supposed Peru travellers marked him out for my notice an’d resulted ’in my speaking to him on the subject.”Air. Samuel objected to certain portions of the statement being put in evidence.HO KIM’S EVIDENCE.Ho Kim, through an interpreter, said: I know the plaintiff. X know his business is to send Chinamen to Colon. In consequence of something Ho Sang asked me I went with him to see plaintiff on the 23rd May ■last, to Quee’e store. Six of us were present. I heard Ho Sang ask the plaintiff if he would guarantee to land him safely in Colon.-The plaintiff agreed to do so for £22 Is. In reply to Ho Sang, the plaintiff said that he (Ho Sang) was not the first one that he (plaintiff had shipped away to Colon. Plaintiff said that If Ho Sang did not land safely in Colon he (plaintiff) would not take the money. It was agreed that three weeks after Ho Sang reached Colon he should send the money; but if he did not send it thetwo sureties (defendants) should pay the amount.The court, at this stage adjourned for lunch.On the resumption, the witness was cross-examined by Mr. Samuel.OTHER WITNESSES.Ho Loy and Kin Quee corroborated the last'witness’ evidence.Ho Sang said: In May last 1 wanted to go to Colon, and 1 went tothe plaintiff. I knew that plaintiff always ran that kind of business. The plaintiff took up the job and we agreed that I should not pay any money to plaintiff until I was safely landed at Colon. The plaintiff told me that if I was captured at Colon I should not mention his name. Tt was agreed that if I was captured T was not to pay the ulalntiff. When Iarrived at Colon the police arrestedme and locked me up tn calaboose. When I w3s sent back to Jaamlca, the plaintiff met me at the wharf. When I told the plaintiff of wbat had befallen me, the plaintiff was sad. He picked and said that hewas very sorry.The witness was cross-examinedsurety for the payment of the money to the plaintiff. Mr. Julio Ardilo, the Consul in Jamaica for Panama, how. ever, became suspicious and made certain communications with the police authority at Colon. The result was that when Ho Sang arrived: at Colon, instead of being met by a friend as he expected, he was met by the police and was lodged in the! “Calaboose.” Ho Sang was subsequently sent back to Jamaica. Under the Comity of Nations, the Court would not interfere to enforce an illegal contract, but would remain neu. tral. The plaintiff, therefore, ..could not recover. They all knew everything about the matter. They all seemed to be intelligent people.Judgment was then given for the defendants, without costs.Mr. Ashenheim pressed for costs, but His Honour adhered to his decision.inCcwsilt;T!lbgiofW(diviCOmTHE SHIPPING BILL.(By Direct West India Chble Co.)Washington, Feb. 4.—Frustrated again to-day in their plan to re-commit the Government ship purchase Bill with instructions for its amendment, Administration leaders of the Senate to-night were considering a proposal to let the Bill go to Committee, without instructions, with a view to bringing -it up again on a motion to discharge the Committee, if it should fail to act promptly.clWivareti.fose5UA;mfotusoofheexUjinfedetitcoLONG BICYCLE RACE.1 (By Direct West India Cable Co.)Chicago, Feb. 4.—Oscar Egg(Switzerland) and Francesco Verri (Italy) won the six-day bicycle race ending here last night with sixty-five points, covering a distance of 2,§03 miles and nine laps. Jimmy Moran, of Boston, and Reggie McNamara, of Australia, were secondwith fifty-eight points, and Clarence.Carman, Jamaica, and Frank Correy of Australia, third with fifty-fourpoints. .brtrsale:A1ondewjthseisdoFIththboManyManiac sajThese form part of some more of ti iiection with the war now wagi in previous advertisements, so should learn “'More of the wa Buyers as well as Suppliers.” cidences of the war we print tiGER j MANY MANY\LIESwhic of tlGER| MANMANIACIt siidentheyWAR\SAWSAW IWARmerememAs regardsMYMYBUYERSand-11ttMyers9My Buyers55A friend suggests that these will ho torv of commercial Jamaica.ment, and assure you that we trust von will think of us thusttMyers are my Buyers’’of Sugar. J?rm. Coffee,Goatskins, Kola Nr*:-. Annatt Starch.aMyers are ivy Supplieof Gold MedflP 1and Pine Salt. Wh and Surat c.f at! _dines. Butter. Plt;» *Cli «• i notnnnr. 'Mona • and Brow,i GdUf-'iKr-h I m' •! i€€Myers arc ProprietoIf harf’: ?4 * Iotv:nUoh-adm;pineit'- j,fT'at!• * *•»• /• ’ _of* » —• •:•» nr; sP-anvonWe await your enquir-and see nFRED. L. MYERS I 1SS, Harbour St.
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Kingston Gleaner
Kingston, Kingston, JM
Sat, Feb 06, 1915
Page 19
Full Page
Clipped by
Valerie F.
JM 22 Jun 2018
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