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CHIEF JUSTICE'S PROTEST.
Although he had already closed his case for the claimant in the Penang millionaire will suit which has been proceeding in the Hongkong Supreme Court since December, Mr. G. K. Hall Bratton yesterday sought to introduce evidence in the shape of photographs of a register of burials kept at the Mount Erskine Cemetery, Penang. It had only just been possible to get this be said, and it was aseded to rebut evidence called for the trustees of the estate. It would tend to disprove the trustees conten- tion that the real son of the testator was buried at Mount Erskine and that the plaintiff was another Tichborne Claimant.
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THE CHINA MAIL.
BEAUMONTS "AFFAIRS.
LOCAL POLICE COURT PROCEEDINGS.
KLUMPS AND EXCHANGE.
$40,000. When Mr. Barmant fett
Do you consider that, at the time the Colony on October, 24, the firm Mr. Beaumont left for Shanghai, wsa perfectly solvent and fionishing. the firm was insolvent t-I consider Mr. Beaumont left full power of at-it was solvent
torney with him.... On the advics-of Re-examined by Mr. Orma, Mr. the San Francisco branch, the'Castro said that the fortune the firm bought rice to the value of defendant lost represented the profits! about $400,000. Mex. and inserad it of 1919. They were calling agents As briefly reported in yesterday's for $250,000. While witness was for the Government during 1912," and China Had the heating was opened away in Shanghai the price of rice fell the profits they made were on com- before Magistrate Lindsell in the from $15 to $6 a picul, due to the emmission. There was no gambling. afternoon; of the case in which Els bargo by the Caban Govemment on The witness remembered that in Ackroyd Beaumont is charged with the importation of rice. The firm August 1919 ■ Mr. Tuska came to having left the Colony in September were left with the rice on their bands Hongkong from San Francisco 1920 with intent to defeat or delay and only managed to dispose of it as a and complained that Beaumont bankruptcy proceedings brought loss of about $200,000. In consequence bought rica at a certain price and sold against him in the Supreme Court. the firm had to pay compensation to it at a higher figure, but said that "Mr. G. N. Orme, Officia! Receiver, | the Bank on their exchange contracts. Mr. Toaka's complaint was really prosecuted. Besamont was represent-This disaster was not due to the directed at the failure of the firm to ed by Mr.C.A.S. Euss, Messrs. G.G.N. | fault ofthe defendant, who, in ship rice to him which had been seized Tinson and Deo d'Almada were presadition to the loss of practically by the Hongkong Govenment. sent in court to watch the interests of every penny he had in the Bank, had The Magistrate: Are you alleging interested partion.
incurred debts. After defendant's that they bought "Government rice The fist witness called was Mr. return, the firm was in such a outright and sold it at a profit ! Antonio Joaniko, a book-keeper position that if a good sum of money Mr. Russ: Is this relevant ! employed by M Jardine, could have been raised it could have
The Magistrate: I don't know- Matheson and Co. He said that in been maintained. Mr. Beaumont tried (until I understand it. August 1920 he was book-keeper to in vain to get financial assistance in Mr. Orne explained that the Go Messrs E. A. Besamont and Co. He Hongkong; and, as it was imperative verament arranged to buy rice which made out four receipts for payments to get the funds, he went to Shanghai, Beaumont bad. Defendant had some into the defendant's private account where he said he had some influen- rice which the Government seizzi and between August 26 and 30, 1920. The tial friends, leaving the same power for which payment was made in due defendant signed the receipts. One of attomey to witness. A meeting of course at the price quoted by the firm. of the receipts referred to a cheque the creditors was held at which He wanted to know whether Mr. Tas- for $3,657. (produced), drawn in witness was present. Witness did not 's complaint was that the firm favour of the defendant
t-member receiving any letters of bought rice at one price and sold it Mr. Henrique Armando Castro, demand from the creditors. Not a higher price. managing partner of Messrs. H. A. writs were issued and no suggestion Cartre and Co., was the next witness of bankruptcy proceedings was made. called. He said that from July 1918. Mr. Russ:-Do you consider Mz. to September 1920, he was export Beaumont left the Colony to avoid manager to Messrs. E. A. Beaumont service of any petition or other process and Co. Defendant was in sole in bankruptcy? No. charge of the business during that Mr. One: There were none to time. Witness had no interest in the avoid so he cannot be charged with firm being engaged on a salary and ❘ that. on commission. The firm had a
Mr. Bass explained that he was branch office in San Francisco. The taking the witness through the words
Replying to further questions, Mr. business wal that of general of the Section. "The petition could Castro said the deposit receipts be merchants, but the firm Realt most have been served on you as the de-mentioned had not been realised for ly in rice, transacting considerable fendant's attorney in Hongkong" the benefit of the creditors; the banks business in that line with the Go he asked the witness and the reply were holding them against overdrafts. vernment in 1919. In October was in the affirmative.
He had informed Mr Melbourne of 1919 Mr. Beaumont left the Colozy Do you consider that he left to the existence of these deposit receipts. and was thereafter abroad until avoid examination of his affairs-Why he said Beaumont ad Co. den March 1920. It was in April and No.
solvent when defendant leit for the
Mr Boss: If we made our profits by highway robbery, it is not relevant to these proceedings,
Mr. Léo D'Almada offered to ex- plain the matter but Mr. Russ in- timated that Mr. Beaumont would ex- plain either in that Court or in the bankruptcy proceedings.
The matter was dropped on the Magistrate's suggestion.
May of that year, when witnessi was As these transactions, took place North was because if Mr. Beaumont on sick leave in Shanghai, that he while he was away, you were the only succeeded in obtaining suficient first learned that the firm was person who knew what happened?-money to "carry on" for one or two in difficulties, from a letter sent by Yes.
Receiver could have found out from the books ?—That is so.
Do you consider Mr. Beaumont left the Colony to delay any proceedings in bankruptcy?-No.
At the time he left had either he or you the smallest idea of bankruptcy proceedings being brought 7-No idea. It was quite a bombell when they were brought ?—Yes.
Mr. Hamer, the Import Manager. He knew no more than the Official Beturning immediately to the Colony, witness found that the firm's difficulties arose chiefly over some rice business which the firm was transacting for the Govern ment, and also over the effect of the fall of exchange, on some exchange sale contracte. In reply to his cable Mr. Beaumont wired from Paris that be was returning at once. At his request defendant returned via San Who was acting as Official Receiver Francisco, arriving by the "Shinyo at that time-Mr. Melbourne, Mara" on August 24. After He asked you where Mr. Beaumont thorough examination of the firm's was? Yes: I told him, Shanghai. books with witness, defendant said he would take all responsibility and try to raise funds in Hongkong. Failing in his endeavour to obtain help in Hongkong, Mr. Beaumont left the Colony, leaving a message with witness that Shanghai was his destins tion and saking him to do his best for him with his creditors. Towards the end of September two or three letters
*
In reply to the Magistrate, the witness said his words to Mt. Melbourne were I believe, in Shang- hai”
Mr. Rass: Did you ever write to Mr. Beaumont to say it was necessary for him to come down to explain any- thing-No.
Could Mr. Beaumont have explained anything if he had come down ?—I and a postcard were received from Mr. could have explained it better than Beaumont making general enquiries, he could.
but containing no proposal to settle Is it a fact that when the Official the firm's dificulties. On September Receiver required informatien he sent 15. the bailiff visited the firm with for you 1-Yea.
a petition and closed the premises.
formally for leave to put in the Mr. Castro said that defendant did photograph.
The Chief Justice said that the in- formation could have been taken long ago on commission, but Mr. Bratton replied that he could not get it before,
The Chief Justice said that this would entitle the other side to call any amount of evidence to meet Mr. Brutton's point. It was entirely starting an additional case and de was not going to have it. "This case," continued the Chief Justice, with some heat, "ought never to have been brought in the Court; it ought sever to have been tried in the point arose more or less out of Hongkong, and I am going to say so, later on. All our time has been given for months and months, trying a Penang case. It may be all right for the lawyers but it is not to the
The Chief Justice said that Mr. advantage of the Court or of the Bratton's contention that the evidence administration of justice in Hang- should be admitted because it had kong. I hope to be able to take come out in the case would apply to steps to see that a repetition of this any action. If that were allowed an does not happen."
action could never come to an end.
cross-examination.
Brakine Cemetery the body was sup posed to be buried.
:
not give him his address in Shanghai he wrote to defendant either post restante, or through friends,
Fixamined by Mr. Rus, the witness said he was an expert in rice. In 1918 the firm made small profita, bat in 1919 the December balance sheet
And you gave him the fullest in- formation and showed him all the books-all properly kept 3-Yea
Did the then Official Receiver ever saggest to you that he wanted Mr. Besament or that you should write and ask him to come back to Hong- kong i-No.
When Mr. Beaumont left for Shanghai did Mr. Beaumont leave the bank's deposit receipts for
months, the profits on some piece goods would straighten matter.
The renior clerk in the Official Receiver's office produced files show-
ing that the creditors' petition and the receiving order were both dated September 15, 1920; the assets were $3,765 and the debts proved $214,000 and £12,380. As there was no statement of affairs by the debtor it was not known if there were other creditom. No information or com-
munication was received from the
debtaz.
In reply to Mr. Buss, the witness said Mr. Melbourne told the creditor' meeting that the debtor was in Shang-
hai.
31
Mr. Ruse: Did your department, from first to last, ever write to Mr. Beaumont requesting him to come to Hongkong 1—
Witness: No.
Mr. Orms: Was any address for Mr Beaumont given on the file !
Witness: No.
Mr. Bass wubmitted that the Prosecution had not made out a case. Mr. Orms remarked that the onus was on the defendant to prove bono -fides
The Magistrate: Yes, of course, bat they get a large amount of evidence favourable to their side froin your chief witness.
Me One: I know of no evidence
that the defendant did anything. If he did, I shall be glad to hear it.
The hearing was then adjourned until Saturday. The defendant was released on the same bail an before.
CROUP.
showed a profit of $220,000 and the They did not turnover nearly $6,000,000. In Oct know before in what part of Mountober 1919, a branch was open in San £5,0001-The Netherlands Bank had Francisco, te which office Mr. ons and the Banque Industrielle had Beaumont had remitted from time to ] one.
This disease is so dangerous and 30 time money amounting to nearly
He could have got the money mother of young children should be rapid in its development that every before the bankruptcy proceeding, by prepared for it. It is very risky to wait simply presenting these receipts 1ntil the attack of croup appears and Yes.
thou send for medicine and let the chili anfar until it can be obtained. Chambar- lain's Cough Homedy is prompt and fail in any case. Always have a bottle in the home. For sale by all Chemists. and Storekeepecs...
Did he also leaves deposit receipts
NOW IS THE TIME For rheumatism you will find nothing better than Chamberlain's Pain Balm Now is the time to get rid of it. Try this for 173,000 fmncs-I believe part effectual and has never been known to He must therefore refuse the applica-relieve the pain and screness. For sale
liniment and see how quickly it will was unfortunately in the by all Chemists and Storekeepers,
Mr. Brutton said that the trustees lived in Hongkong and applied tion.
Industrielle !-Yes,
Banque
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