IDENTITY PROBLEM

New Zealand Herald, Volume LXX, Issue 21520, 17 June 1933, Page 14

IDENTITY PROBLEM

' CHINESE IN PRISON CLAIM TO BE WRONG MAN APPEAL TO SUPREME COURT The problem of the identity of a young Chinese who on Monday began to serve in Mount Eden gaol a sentence of 10 days' imprisonment on a judgment summons was to have been argued before Mr. Justice Reed in the Supreme Court yesterday afternoon. When the case was called, however, counsel for the creditors concerned was granted an adjournment on the ground that ho had beep unable to communicate with one of his clients. Last year J. D. Jones and Miss E. Walker obtained judgment against Tai Sing for £7 17s 6d unpaid rent on premises in Khyber Pass Road. In February a judgment summons was taken out, tho penalty of default being fixed at 10 days' imprisonment. It is alleged that the proceedings wore wrongly served on Willie Tong, who neglected them until an imprisonment order was made last month. Writ Served on Gaoler The Chinese applied for a rehearing on the ground that he was not Tai Sing, but Willie Tong, but this was refused by the magistrate. When the Chinese was imprisoned last Monday his counsel, Mr. Sullivan, obtained a writ of habeas corpus from the Supreme Court calling for the production of Willie Tong. The gaoler, however, had no prisoner so named in his care, and the papers had to be altered accordingly. The caso. of Willie Tong was called in the Supreme Court yesterday afternoon before Mr. Justice Reed, and the Chinese answering to that name appeared. Mr. Ready, who appeared for the plaintiffs in the lower Court, said the papers had been served on him only the previous day, and he had failed to get in touch with Mr. Jones, who was somewhere about Te Aroha. He asked for an adjournment. Adjournment Granted Mr. Sullivan said he had no objection to an adjournment provided the accused was liberated on reasonable recognisances. Mr. Ready said there was no objection to bail so long as some security was given. His Honor suggested that fingerprints ought to bo taken. Mr. Sullivan: Ho is well known. I have European witnesses as to his identity. In answer to His Honor, the gaoler said he did not know whether fingerprints had already been taken. Mr. Sullivan: He is a married man. His Honor: Yes, I know, but Chinamen are very much alike. Mr. Sullivan said Tong's father-in-law was there. There was one child of the marriage, and they were living quite comfortably at Avondale. He suggested a bond of £25 from tho father-in-law. His Honor said the prisoner could be released on finding a bond of £25 for his appearance in Court on Monday week.