PROBLEM FOR COURT

Otago Daily Times, Issue 21982, 17 June 1933, Page 16

PROBLEM FOR COURT

IDENTITY OF CHINESE AN ADJOURNMENT GRANTED.,; (Special to Dailt Times.) , AUCKLAND, June 16. The problem of the identity of a young Chinese who on Monday began to serve in the 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 to-day. When the case was called, however, counsel for the creditors concerned was granted an adjournment on the ground that he had been 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, the penalty of- default 'being fixed at 10 days’ imprisonment)' It is alleged that the proceedings wer£ wrongly served bn Willie Tong, who 1 neglected them until * an imprisonment order was made last month. 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 case of Willie Tong was called in the Supreme Court to-day' arid a Chinese ari- . swering to that name 'appeared., pMr Ready, who appeared for the creditors in the lower court, said the papers had been served on him only the previous day, and he had failed to get -f, in touch with Mr Jones, who was somewhere about Te Aroha. He asked for an • adjournment. - 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) w»* given. 1 . ■ : - . * His Honor suggested that .fingerprint* ought to be taken. Mr Sullivan: He 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 that 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 the father-in-law. His Honor said the prisoner could be released on finding a bond of £25 for hi* appearance in court on Monday week.