}
December 29, 1900:]
were intended as cancelling lines. He was the man who always did that and his practice was to put three or four black or red lines across the signature. The minute book was regularly kept while he was secretary, and supposing an order was issued by the Board and not by an individual it would appear in the minute book. He did not think he would make an entry in He the books on his own responsibility. would require a transfer or the order of the Board.
Cross-examined by Mr. Slade, witness said the ordinary duties of secretary of a company included the entering of transfers of shares in the books of the company. He was secretary of various companies and he kept the share registers of the companies. When a purchaser of shares sent in a completed transfer it was his duty, as secretary of the company, to regis ter it without further orders, and his practice would not vary though the man was an absolute stranger, He had seen the transfer of Harper and Carmichael. He had made the entry on receipt of the transfer. Looking at the differ ent transfers in the book it seemed to be Car- michael's habit to witness the signatures of purchasers and vendors. The entry had Mr. Carmichael's signature as a witness to that of Mr. Crawford. He succeeded Mr. Hurley as secretary of the company.
Mr. Šlade-Was he dismissed for general incompetence?
Mr. Pollock-I submit this is irrelevant. The only question before as is whether the defendant has committed a crime.
Witness-I don't know whether he was dis- missed. There was a bit of a row.
Mr. Pollock-I would suggest that it would shorten the inquiry if we were not to go into irrelevancies. It does not matter whether Mr. Hurley has acted with the greatest animus or whether he has acted with the highest motives of a citizen.
Mr. Slade-It matters a good deal when you consider Mr. Hurley's statement.
Witness--I suppose he was dismissed, as I was engaged. I know there was a row between him and Carmichael.
Mr. Slade-It might shorten the case if I
submit that this case has broken down on Mr. Potts' evidence.
Mr. Pollock said he had most important evidence to call yet.
on.
His Worship decided that the case should go
Mr. Slade said that a far as the entry in the books was concerned and the responsibility for it, Mr. Pollock's case was finished.
em.
Thos. Charles Craine said:-"I am ployed in the Eastern Extension Telegraph Co. I was a passenger on board the Catterthun of the Eastern and Australian Steamship Co., Ltd., which left Sydney on the 7th August, 1895. The ship was wrecked on the Seal Rocks off the coast of Australia at 2.30 a.m. on the 8th August. There were only four Europeans saved-the second officer, a passenger named Dr. Coldman, the Torres Straits pilot, and himself.
He
Mr. J. W. C. Bonnar was next called. was in the office of the agents of the steamer Catterthun, bat as he only came to Hongkong about nine months ago he could not speak to
the time when she was lost,
At this stage Mr. Pollock asked permission to add two more counts to the charge. The third count would read the same as the first
except that the word "member" would be sub-
stituted for the word director. The fourth count would be the same as the second count with the exception of a similar alteration men- tioned.
His Worship-I don't know what a member may be in a body corporate. Do you mean a shareholder?
Mr. Pollock-A shareholder.
His Worship-Have you any objection, Mr. Slade ?
Mr. Slade-I don't object. It does not alter the case in the least.
Mr. Pollock--My friend said he sent in this transfer as an ordinary shareholder would do.
Mr. Slade-As a man who wished to become a shareholder might do.
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CHINA OVERLAND TRADE RËPORT.
Mr. Potts said that before this transaction took place Mr. Carmichael had 500 shares in the company. He had approximately the same number at the date of the transaction.
Mr. A. Ritchie, carrying on business at 29, Des Voeux Road, as a ship-chandler and generali stora-keeper, said he was employed by Messrs. | Carmichael and Company, Limited, for nine
years.
He left their employment about twelve months ago. His duties were to run the harbour for orders from the ships He remembered the time when the Cutterthun was lost, because he had friends on board. He knew a Mr. Harper who sold ten shares in Carmichael and Company to him. He handed Mr. Harper $100 for the shares and got a receipt from him. Mr. Harper did not give him a certificate of transfer, simply a receipt. He went to Mr. Potts a few days after he bought the shares. Mr. Carmichael. whom he also saw a few days afterwards, told shares. him (witness) that he wanted the Witness said-" I have bought ten shares from Mr. Harper; will you have them "transferred to my name? Mr. Carmichael replied, "I will see A few days after this Mr. Carmi- about it."
came to witness and said, "The chael
let me have ten, shares, you had better
Witness said No." At this time them." he was in the employment of Messrs. Carmichael and Company. Mr. Carmichael then said, "I will give you a few days to think over it." He then came to witness, about a day after and How much will you take for the asked.
Witness's
I do not shares ? want to sell them." Mr. Carmichael then said "I will give you 81 more for each share." Witness said I will not sell them.' Defendant went away, but came back to witness a few days Are you going to sell these after and said shares to me, because I have the largest number of shares in the Company, and I am entitled to them? Witness replied “No, I will keep them myself." There was no more said after that. He then went to Mr. Potts and he did not see Mr. Carmichael on the matter again. Eventually. he got a certificate of transfer produced from Messrs. Carmichael & Company. Limited, dated 27th October, 1899. He got the scrip about two days after he left the company. Mr. Car- michael dismissed witness because he was dis- satisfied with him and he said he had another man coming from Australia to take over his job. If witness had a job in view he was told not to refuse it. When witness left he got a certificate of character from Mr. Carmichael. This certificate stated that witness had given overy satisfaction and was leaving of his own accord to botter himself.
Mr. Pollook-I would ask your Worship's permission to recall Mr. Potts to show that Mr. Carmichael was a shareholder at the date of the transfer.
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45
answer was
Cross-examined by Mr. Slado, witness said he knew Mr. A. Harper as a customer of Carmi- chael and Company. He learned immediately afterwards that these shares were in Carmi- chael's name, and he went to him and asked him to transfer them to him saying that he had bought them from Mr. Harper. Carmichael said he would see whether they were Harper's shares. He did not deny at the time that they were Harper's shares. He afterwards said he was entitled to the shares.
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319
Q-Was that proxy to vote against the winding up of the company ?
A.-Ï did not know.
Q.-No, no. Were you one of the people who opposed the winding up of the company?
A. Yes.
Q.-Did you attend the meeting ? A.-No.
Q-Did Mr. Hurley propound any scheme to you as to what he proposed to be done instead of winding up this company?
A.-He said he would like to go over the books and see that everything was carried out in a right way.
Q.-You also know that Mr. Carmichael won't have Mr. Hurley near his place?
A.-I know that Mr. Carmichael and Mr. Hurley are not friends.
Q.-That they are the worst of friends ? A.—I don't know; I know thз they are not good friends.
Q-What reason did Mr. Harloy givɔ"lor opposing the resolution P
A. He said he would like to see the books. Q.-What did he want to do with the company? A.-I do not know.
Q.-Yes, you do. You talked over the scheme with him ?
A.-He said he would like to go over the books. I don't remember any more.
Q.-You say that Hurley gave you no other reason for opposing the winding up, except that he wanted to go over the books?
A. That is what he said to me. I don't remember him saying anything else. I am very forgetful.
Q.-Come now, what reason did he give? A. To find everything was correct. I can't remember anything more.
At this stage it was thought advisable to adjourn formally till Thursday, when the do- fendant appeared in court and the case was again adjourned till 3rd January.
CHRISTMAS WITH THE FLEET.
It is one of the many traditions of the Bri- tish Navy that at Christmas time the order of things, as far as regards the lower deck, is materially changed.
a
Relaxation takes the place of starchy stiffness: order, viewed in an every-daylight by the strictest disciplinarian as paramount, may, and often does, become dis order-even revelry, downright revelry, is per
A murmar from the mitted, without even quarter deck. Christmas day in the Service means to every man from the Admiral down to the boy, a complete freedom from official restraint, sort of go-as-you-please time when the spirit of Good-will and Peace to It is all men prevails both fore and aft. the only day in the year when the ship's company are allowed to smoke on the lower deck, and it is the only time when the mess deck is transformed into a veritable bazaar of edibles. Each mess vies with the other in keep- ing festive the joyous occasion, and no pains are spared in the decorations, the cost of which is borne by the men collectively. Again, Christ- mas is the only time of the year when the boy takes the man's place on a British man-o'-war, and the man takes the boy's place. change of duty is accepted as quite in the order of things, and the petty officer sweeps the deck with his broom, or picks up his swab and cleans down with just the same ease and contentment as he was wont to do on the training ship, or before he obtained his rating. The first-class petty officers gather at the pumps and carry water to the galleys or grog water" for the men and boys who Q. I do not ask if you had dealings.
Hare pump.
loll about by the side of them, watching the operations with evident delight. The drummer you had anything to do with him?
A.-I have had no dealings,
boys take the sergeants duties on that day, Q.—That is not an answer. I ask you if you and carry the stripes with as much dignity as have had anything to do with him.
A.-No.
Question-Hare you talked the matter over with Mr. Hurley?
Answer-I have not said anything to Mr. Hurley, except when I had to transfer the shares. Q.-Mr. Hurley has a good deal to do with Ritchie and Company?
A.-Not to my knowledge. Q-You have had a good deal to do with Mr. Hurley recently, one way or another?
A-No. I have had no dealings with Mr. Hurley,
Q.—You know that, at the beginning of this month, there was a resolution proposed to wind up Carmichael and Company, and voluntarily ?
A.-Yes, I do.
Q.-Did you attend the meeting? A-No, I did not know there was a meeting. Q.-You did not know there was a meeting A.-Mr. Hurley came to me and said there was a meeting; was I going to attend?
-And you gave him your proxy? -Yes.
+6
The
the officer of the watch paces the after deck, their commands having as much force, and for the most part receiving as much attention and respect, as if they had been given by the sergeants themselves. These traditions, and many others of a like' character, date back to the time of Nelson, and are observed on board Her in almost
every detail Majesty's ships both at home and abroad. In Hongkong this Christmastide they were carried out with more than usual éclat as will be see from the following reports of our re- presentatives who visited them.”