RING AND PINION GEARS: We have stock of these for Chandler, Cleveland, Dodge Brothers, Essex-4 Esox-6, Hudson, Overland. Willys-Kofight AND other Motor Cars.
THE DRAGON MOTOR CAR CO, LTD. Telephone Central 1246 or 1247"
33, Wong Net Chung Road, Happy Valley,
BARGAINS
Ar
WHITEAWAY'S
GREAT SALE
COMMENCING MONDAY, JAN. 11.
$500
KNITTED
TIES
In plain colours
and assorted bar Stripes
SALE PRICE
$1,00
upwards
2000
GENTS
FULL END
TIES
New and
fashionable designs
SALE PRICE
FROM
$1.00
each
JAEGER
PURE
WOOL
MUFFLERS
in Greys,
Fawns, etc.,
SALE PRICE
$2.95
WOOLLEN OVERCOATS
less 25%
WOOLLEN UNDERWEAR
Tess 25%
Come Early Come Early!
WHITEAWAY'S
ASPHALT
HEAV
ENVELOPE
(OOFING:
ROBERTSON
ASBESTOS PROTECTED METAL ROOFIN
Sole Agents:
DAVIE, BOAG & CO., LTD.
Bank of Canton Building.
Buonomers to
the late BIEN TING,
14. D'águilas Str yet.
-TERMS VERY KODEWASH
China Mail
ESTABLIS
1643
HONGKONG, MONDAY, JANUARY 11, 1926.
No. 19,697
44
THIS FABRIC."
PRICE, $3.00 Per Month.
amail a mouse. There was only "EMPRESS” CRASH.
one cheque paid in to Mr. "Atherley on March 22. On another occu-
COUNSEL ON CROWN CASE STRUCTURE.sion, (March 26) we find that
"J
ATHERLEY CASE FINALE,
"Not A Case For The Jury."
This morning the sixth day of hearing of the charges of fraudulent conversion against Mr. James Edward Atherley, saw the
"
$73.50 was pald into Mr. Atherley's account and this was en A date when the cashier received $378.50: The money that had been kept by Mr. Atherley, so. far from being moneys of the firm which he had misappropriated was for expenses incurred on. behalf of the Company in dis-
conclusion of the Crown case and a lengthy statement by Mr. Zeitlyn,ursements for ricshas taken in for Mr. Atherley, in refutation of the charges.
his the
was Ц
INDO-CHINA SHIP SUNK.
Shanghai Collision.
(Reuter's Service.)
Shanghai January 11.. The "Empress of Asia," out- ward bound, collided in the river this morning with the Indo-China
Hongkong.
DO NOT TAKE CHANCES WITH
YOUR EYES! ⠀⠀
Cheap glasses are not cheap In the long run. Often they injure the ever permanente ly due to the inferior quality of the leases. Our lenses are guaranteed to be of first quality only and iclantifically correct. Our prices are as low as possiblo, and compare- favourably with prices in any other country, LAZARUS
CYCLE THIEF.
Hongkong'a Only European Optician. 12 Queen's Road Central Ralph A. Cooper, Manager, QualiBed Optometrist By Canadian Government Examination,
SEVEN STOLEN MACHINES FOUND.
PAWNED WITH FORCED RECEIPTS.
A mystery of stolen bicycles was solved at the Central Magis. tracy this morning when a Chin- ese youth. pleaded guilty to five charges of converting hired machines to his own use..
The method adopted by the thief was to hire a cycle from a from different shop each time and take it to the pawnshops. Forged sale notes of the Sun Company were. ceipts and in four enses the thief handed to the pawnbrekers as re- obtained $10 for each machine."
The latter was sunk off the Point. Only her funnel and one mast is showing."
Atherley to be paid into the bank at a later date. Mr. Atherley will tell you from first to last he re- garded these advances as loans from the compradore which he has never repudiated and which he would have paid back by now had it not been for his arrest.
This concluded Mr. Zeitlyn's opening address.
Answering counsel, prisoner stated, inter alia, that
His largest loan from the compradore, previous to his re- quest for $2,500 or $3,000, was $1,000-when his wife came
the course of visits to customers, and other small items. Asards the course of this statement, the compradore had guaranteed,
this
Mr. Atherley's Career. Mr. Atherley's paying-in book, Mr. Zeitlyn referred to
steamer Tung Shing.* Mr. Atherley is a man of 40 Mr. Atherley was arrested on "fabrik of fraud in the super- structure of the frown case. The years of age who began his com-October 23 and from that day to jury might have its views as to mercial life at the age of 14 years, this he has not been near the the propriety of Afr. Atherley's and who for a long period of time office and with the exception of borrowing from the compradore, from 1901 to 1920) was secretary one or two documents everything baf the Court which was trying to the General Manager of the remained where it was. The pay. the case was a court of law and Toyo Kisen Kuisha in San Fran- ing in book has always been in pot of ethics. The statement that cisco. From 1914 to 1917 he was the custody of the compradore the compradore had made as to assistant to the manager of that department.
In respect of other items, Mr. his having lent the money to Mr. Company in his capacity of Atherier. (1)
com-American head of another import- Atherley did not know what sums pradore's own responsibility and ant line. In that capacity he had were paid into his account and that if he had aut got the money ten millior gold collars under his what is more he did not care, con- Throughout his life-tinued Mr. Keitlyn. He had asked from Mr. Atherley he would con-control. sider that he had the right to make this statement in order for the comprauore to make advances charge.it up to the Company was the closest investigation by the and the compradore had assented the compradore might Itprosecution and to enable them and referred to by Mr. Zestlyn.
used
flowing
Prisoner In Box. moneys "knocked the bottom out of the to have opportunity for challeng-have
'in from contracta entered
As outlined by Mr. Zeitlyn, Mr. Grown case. he sai
ing it throughout his commer- When The Crown case had cial career until that unfortunate into by the company under Atherley gave his evidence from clused Mr. Zeillyn put it to His time in October 1925, never has guarantee with the compradore. the witness-box.
Mr. Jenkin then began the Lordship that the question of there been the slightest question If Mr. Atherley had thought about fraudulent conversion
ruised against Mr. Atherley's it he would have said "the com- cross-examination for the prose
pradore is responsible to the com-cution. question of law, and that honour, probity, or integrity.
Mr. Atherley took' up his pany for it, the company will lock the jury need not be called
There had been mary apon Fo decide the case. It appointment for Getz Bros. in, to him." had been proved in the course of September 1922. In November he transactions between Mr. Atherley the, Crawn's case that specific found himself in difficulties owing" and the compradore and between suns had been handed to Mr. to the fact that his wife had the compradore and others on which occasions the compradore Atherley and paid back by him to arrived and they wanted to take took post dated cheques and made i a furnished flat. Mr. Atherley had recourse to the compradore. advances on the company's money. and told him the circumstances. The compradore was content to with which he was faced, request. take responsibility vis-a-vis to the Mr. Zeitlyn asked that he mighting a loan of $1,000, and also company and said in effect "I will asking that the compradore should lend these moneys because I trust draw his Lordship's attention to a reported law case on fraudulent Day certain bills, Mr. Atherley to these people to pay me back," conversion in which Mr. Justice Day back how and when he could. When the compradore's agreement Stephen had delivered himself of The compradore agreed, and made was determined and he was face the payments. In November 1999 to face with having to pay back some remarks relative to the ementy went to the races loans due to the any he said interpretation of fraudulent con- version. Mr. Justice Stephen, he and asked the compradore if he paid it to Mr. Atherles
"Remarkable Admissions." reminded His Loriship, was the could have some money. Again
That is the story you are now Author of the
the compradore obliged Mr. history of Criminal law. 'There must
Atherley giving on this as on the asked to believe, said Mr. Zeitlyn. evidenceuf intent to defraud, said other occasions an acknowledg. You will remember some remark- Mr. Justice Stephen, evidence of ment on a slip of paper prepared able admissions the compradore intent to deprive the owner per- his department and signed by Mr.
by the compradore or someone in made under cross-examination.
His Lordship: I do not wish to manently of his property...
Atherley. This went on His Lordship: H cheques paid March 1924, and during the pre- now that in view of the time interruptor to shorten your until
address but I want both sides to to accused, were put into his;
eding period Mr. Atherley paid account and subsequently the back certain sums. He paid back taken and the rather complicated' ! sums paid by accused, into the company's account, there is surely by post dated cheques. He allow-nature of the facts I proposed to evidence there of intent to deprive ed other amounts to run up, not read the evidence as a whole to
paying for them monthly or fort- the jury at a later stage. nightly. At one time Mr. Atherley had a sum against him with the compradore amounting to $3,000.
the compradure.
His Lordship: After they had reposed in his account for some time.
bė
Getz Bros, of those cheques.
Mr. Zeitlyn asked that if His Lordship was of opinion that the jury should decide, he should note the point that he (Mr. Zeitlyn) had raised.
Mr. Zeitlyn then addressed the Jury at some length before put ting Mr. Atherley into the witness bux. He spoke as follows:
:
over
·
out.
Cheques were drawn by him, on his personal account to cover 1.0.U.'s and accumulated (O.K.'d) bills paid on his hehalf.
His own "cancelled" personal cheques on the International Bank were destroyed after the statement of account had been made out..
When caught on the last ocea- sion in the act of attempting to pawn a stolen machine, the detec tive was shown a sale rote, and the thief invited him to visit the Sun Company if he wished to make inquiries. On the way the man attempted to get away by jumping on the machine, but fail- fed.
This was stated in the evid jence by the detective.
Divisional Inspector P. Grant, who was in charge of investiga- tions, said that altogether seven machines had been stolen.
The defendant was sentenced to four weeks hard labour on each of the five counts, the sentences to run consecutively. His Worship. said that the pawnbrokers had acted in good faith, and the own- ers would therefore have to re- deem the machines by payment of the sum obtained in each case, but without Interest,
LAUNCH SINKS.
INCIDENT IN HARBOUR TO-DAY.
ONE SIDE GOES DOWN,
No Kie was lost at 3:30 his He kept no record of loans morning when the local steam- from the compradore, or of launch ""Choy Fat" sank along- O.K.'d bills paid on his behalfside Pottinger Street pier (out- As regards his payment on side Messrs. Watson's aerated April 1 of a cheque to the com-water factory"). on the Central pradore of $1,213.29-to settle Fraya. 1.0.0's and 0.K.'d bills-it An unusual feature is that the way a coincidence that receipts | starboard was, at the time of the from two Chinese firms on that report, still above water, as it was day should total the same tied to the pier, but the rest is sub- amount. He assumed it was merged. his own cheque that went into 'the Company's account.
On April 4 he gave the com- pradore another cheque for $1,975.96 and the same amount was paid into the firm's account in respect of newspapers. This, he pointed out to Mr. Jenkin who had suggested was another coincidence, was not Accin- cidence. The amount shown in the Company's books as paid in was in error..
At this stage His Lordship put a query and prisoner replied that the compradore must have applied his cheque to the payment of the company's account.
"Not a Coincidence."
The "Choy Fat left Aberdeen in the small hours with fish for the Central Market-the market opening hour being 4 a.m.
A heavy blow and high seas forced the launch against the stone pier with the result that the planking became strained and she sank rapidly.
BRIBERY CHARGE. CHINESE TRUCK MAN FINED.
Mr. Zeitlyn: I am obliged to your Lordship. I should like how- ever at this stage to remind the jury of the admission the com- pradore made to me that he lent Stock Exchange Venture. this money to Mr Atherley on Evidence Of Intent?
In March, 1922, like some of his own responsibility and he had His Lordship said he would. He those better than himself, Mr.it in his own mind that if Mr. thought that the fact that the Atherley ventured on the Stock Asherley did not pay him back he money which belonged or was Exchange, and found himself hard would charge it to the company's alleged to have belonged, to Getz hit. He lost something like account. "Is not that the end of Bros. wis taken and dealt with $4,000. He went to the com- the prosecution's case," continued by the accusert was sufficient justi. Į pradore and asked for assistance. Mr. Zeitlyn. "Does not the whole
A PLEA OF IGNORANCE. fication for the matter going to The compradore said he would see bottom fall out at once if you bear the jury.
what could be done and the that admission in mind. It is a Mr. Jenkin then asked if it was A Chinese truck coolie pleaded moneys were paid into Mr. different story from that the pro- not a coincidence that prisoner guilty at the Central Magistracy Atherley's account. His paying in section alleges.
should have issued a personal this morning to a charge of at- book was in the custody of the The documentary evidence in cheque on April 7 for $307.44 and tempting to offer $1 as a bribe to
A Chinese firm
Defendant of an Indian constable. compradore or someone in the the case was a more eloquent tri- that
paid His Lordship in his wisdom har compradore's department, and the bute to Mr. Atherley's honesty Sui Yick
in the pleaded ignorance and said that held that you gentlemen of the money never touched
probity than anything same amount on the same day. he offered the money to secure his July judges of the facts, Atherley's hands with the excep. which the eloquence or ability of Atherley's reply was that it was a release after he was arrested for should be called upon to decide tion of certain small sums, pocket himself (Mr. Zeitlyn) could pay coincidence that the amount of his causing obstruction on the tram- this mutter which has been money, as Mr. Atherley called it. to him, continued counsel. One in O.K.'d bills should equal Sui way lines. adjudicated before you for so As we now know from the evi- particular he would refer to, deal- Yick's payment. That morning many days. Although I exercised dence of the ex-cashier, the ing as it did with one of the tran- he asked the compradore for per- my discretion, as I conceived it, paying in slips in Mr. Atherley's sactions on which was based this sonal bills to the amount of $300 $400. The compradore am glad, if I may say so, that His paying-in book, in respect of the superstructure of fraud against or Lordship has so decided. It is of amounts which are in question in the company. He (Mr. Zeitlyn) brought in bills for $307.44 and the utmost importance to Mr. this case, were made out by some could not have prayed for a docu- he gave him the cheque.
As to a cheque of $2,000 on Atherley that this case having one in the compradore's depart-the Charges of the compradore April 11, prisoner maintained
ment which so thoroughly refuted been investigated as thoroughly a ment. it hay and as Tully elucidated as
His Lordship: Do I understand than the one, which the compra-that it was post-dated and must In have been given to the compra-, dore had himself produced.
Mr. and
it will be when Mr. Atherley goes that customers cheques are this, the words "handed to the dore some days before. "It was Into the witness box, should have alleged to have been paid into Mr. I manager to be paid into bank at not a coincidence that payment on
A fine of $20 was imposed, the bribe money going to the poor box.
MOTOR "ACCIDENT.
CAR OUT OF CONTROL IN PARK ROAD,
EUROPEAN COUPLE'S ESCAPE. '.
Mr. and Mrs. T. F. O'Sullivan
a decision from you, gentlemen Atherley's account without his later date" appeared in respect of account of newspapers on the had an anxious time yesterday of the jury, that there was knowledge and without it being sums from March 5 and so
on same day should be of the same Samples and particulare on application. | nothing in his conduct which has brought to his mind that custom-fintil March 31. The compradore amount as this payment was only wher the brakes of a motor car in]
been enquired into in this case er's money was being paid into it? could not have indicated in more on account and was not for the which they were travelling yeater- that ought to call for the censure
day afternoon gave way in-coming Mr. Zeitlyn: Yes, Mr. Atherley plain terma that he had not paid full amount.”
steep incline at Park which would undoubtedly follow asked for money and the com- these moneys to the company but To subsidiary questions on the down a The
Road
vehicle careered if he was found guilty of the pradore said alright. After some to the manager. WOOOOOOOOO¤¤¤XXX00000charges alleged against him.
same cheque, prisoner replied: "I days the counterfoil would be pro- "Your decision of the utmost had no idea that the amount of down the hill and was brought to TANG YUK, DENTIST,
a halt by striking a bank. "at" In the course of my examination duced to Mr. Atherley with the importance to this man of 40, $2,000, shown on the slip as a pay-Bonham Road. of witnesses for the prosecution, O.K'd bills paid on his behalf charged on ka serious a charge as ment into the company's account, The driver and the two passen- I have more or less clearly indi- The two sums would be added can be brought against any busi had any connection with my gers fortunately escaped serious cated to you what my ahewer to together and an 1.0.U. iz respectness man. I do not care whether cheque because my cheque was injury. Mr. O'Sullivan hurt his these charges is. So far from Mr. of the amount given you think it wise of Mr. Atherley post-dated and might have been right-knee and was also injured Atherley receiving these moneys
to have borrowed from the com- given a few days prior. on account of his employers. Mr. Continuing, Mr. Zeitlyn said Mr. pradora. It is a common practice
Another reply was, "I endorse in the hand. His injuries were Atherley will tell you (as I in my Jenkin in his opening had referred which may or may not be revised, all cheques that needed endorse attended to at the Government
Civil Hospital. Cross-examination of the chief to a radical change" which had for the manager to borrow from ment but not all cheques needed witness for the Crown, the com- teken place from March 24 on the compradore. We may have to be endorsed. My choque for pradore, put to him) that these wards in the administration of the different views as to its propriety $2,000 was a cash cheque' and moneys were Joaps obtained by office. I suggest to you, when you but this is a court of law and not therefore needed no endorsement Mr. Atherley from the compradore recall items and details of this court of ethics. You have to by e-on behalf of the company, whose responsibility was to his radical change, said Mr. Zeitlyn, bear this in mind and you have when it was paid in Lemployers for these moneys, aris- that there has never been so great to explain the fact that the moneyAt this stage His Lordship rose on demand, to-day was 2/4 9/16.
ing as it did from contracts which an amount of labour to produce so was entered as paid to Mr for the tiffin adjournment.
MRS. MOTONO.
ELECTRIC MASSAGE.
Als, Wyndham Bt., 2nd Floor,
Mountain In Labour.
TODAY'S DOLLAR.
The closing rate of the dollar,
A Hat of
Distinction
Men who are careful of their appearance hold Henry Heath Hats
in high esteem for comfort and distinction.
We have a large selection in a wide range of colours.
MACKINTOSH
& CO., LTD.
Men's Wear Specialists.
Alexandra Building,
Del Vour Road.
may t
·Thoan suhu deal with an muwanych na tive following advantages
'AIR PRICES
■RESH STOCK INE QUALITY AITHFUL SERVICES
KANIN
TABAQUERIA FILIPINA
FOR SALE.
#
Wonders of the Past Animals of all Countries Chlidren's Encyclopedia Household Encyclopedia World's Library of Best
Books
Great Books in Outline
at
LEE YEE
No. 12, D'Aguilar Street, HONGKONG.
LEE GARDEN.
(EAST POINT)
TEA DANCES
Every WEDNESDAY
6.30-7.30.
SATURDAY:
4.00-7.00.
(Prof. Gons dies 0,K.. Jazz Baod.). $1 per couple, tea included. Tables can be booked. THE BEST SCENES IN CHINA'S HISTORY AND ART HAVE BKEN REPRODUCED: IN THIS GREAT PARE ALSO VARIOUS SIDE SHOWS,' OPEN 10m. to 11 p.m. Taglish Cappaling guides for Europeads by arrangement.
·Private partia for exclusive, plain Chiness dinners, osa befix without motion. Tramis atopares entrance, Motora osil bup" to, dansing
MJAMIE SMOKENZIE