Q. There were several rough cash books P
Q. Is this the, cash book of the firm for 1898 P
A. Yes, that is one of them.
Q.: Look over the book, and just tell me if you recognise the handwriting. Whose is this ? Witness, after a long inspection, thought the specimen pointed out was in Mr. Hyndman's.
Q: It is Mr. Hyndman's. You know that. A.: Yes. (after a pause.)
Q.. And Mr. Hyndman is a partner in your firm, isn't he?
A. Yes.
Q. You see thatentry: "Dividend account, 370, Harper, Shunsi, $10?" Is that your hand writing P
Yes. The date is 19th April, 1899. Q: Did you copy that entry from this entry in the rough cash book!
A. Yes, I copied it from the rough cash book into the clean cash book.
Q: When was it you said you bought these shares from Harper?
!
A.: In December, 1898.
Q: That entry in these books refers to the dividend on the ten shares, doesn't it?
A. Yes.
:
Q: Now, Mr. Ritchie, you say you actual- ly paid cash to Harper for those ten shares in December, 1898 ? Is that it ?
A. Yes.
Q: How comes it, then, you entered in the books the payment of a dividend for 1898 which was paid in the spring of 1899 ?
A: I paid cash to Harper for the shares in 1898. The date is in pencil, and it might have been put there since.
His Worship: Do you suggest it has been put there since ?
The witness examined the rough cash book again, but made no reply.
Q. You paid the dividend in respect of these ten shares to Harper when they really belonged to you, according to your statement!
A. That is just as it is copied from the ough cash book.
Q. Can you give any explanation!
:
A.: About the entry in the rough cash book P Q: The dividend on the ten shares from Harper ?
* There was no reply.
Q. Isn't the explanation perfectly simple- that you did not buy these shares until Decem- ber, 1899 P
Mr. Slade here handed the witness the re- ceipt signed by Archibald Harper for $100 in respect of ten shares bought by Ritchie, and asked him to examine the date whether it was 1898 or 1899 1999 2
A. It looks like a “9”?
THE HONGKONG WEEKLY PRESS AND
Bench: When did you leave Carmichael and Company Plas
*
A. In 1899-October, I think P Bench: Where are Carmichael's offices now? A. In Queen's Buildings.
Bench: Where were the offices prior to Queen's Buildings?
A.: In the old Prays... --
|
gested, see sold the share
[January 12, 1901.
that he nev
dividend; besides, he had heard that was not doing very well. He wa
paid but one dividend for his brother, the amount being credited to a bill his brother owed Carmichael and Company. That was in 1895, and witness had never received any payments since. He
Bench: When did they move from the old left his employment on the Shanst eighteen
Praya to Queen's Buildings ?
A. I think it was in 1899, Bench: Can't you remember? the New Year.
A. I think it was.
Bench With reference to this receipt, it was written in the office, was it, before the steamer came in P
A: I think it was.
months ago, and was on the Shansi when the receipt was signed. He could not, however, Was it at be at all sure of the day. Referring to his brother, witness said he was employed on the Catterthun for about six years, as fourtli, third, second, and chief engineer. Witness did not take out any deeds of administration to his brother, nor had any one else. Witness had no writings of John Harper his possession. He had never heard of any other John Harper than his brother having been
de- ployed on board the Catterthun. The ceased man was born in Scotland, and would
Bench: Can't you remember when you went on board the steamer to get Harper's receipt Was it in the morning?
A: Yes, before tiffin.
Bench: Was the receipt written out the be between 29 and 30 at the time of his death.
day before the steamer came in?
A.: Yes.
Bench: The steamer came in on the 23rd A.: Yes.
This was verified by turning up the news paper files for 23rd December, 1899.
Bench: Do you still tell me that the receipt was signed by A. Harper in 1698.P
A.: That is one of the
Bench: No, no; you see the ship was not in the harbour on the 23rd of December, 1898.
No reply
Bench: You say the date on the receipt has been altered. When you took that receipt on
board was it altered ?
¡A.: It was altered on board the ship Bench: What is your explanation about the Shansi ?
A: Well, I am not sure that it was the Shansi. It might have been the Whampoa.
Tho files were again turned up, but the Whampoa was not notified amongst the arrivals on 23rd December, 1898.
If witness saw the ship's articles, he probably would be able to identify his brother's hand- writing.
The articles were thereupon handed to him by Mr. Pollock, and on the second page, in "J. Harper," he recognised his signature. The signatures on pages 16 and 17 were also his brother's. Witness was not awar of any transfer shares
ares by his brother to "H. Carmichael." When he sold the shares to Ritchie, he imagined them to be in his, A. Harper's name, Mr. Car- michael had never told him that these ten shares. were in his (Carmichael's) name.
Cross-examined by Mr. Slade, witness said he took possession of his brother's property when he was drowned. He paid his bills, and the remnants of the property he took over himself. He knew that in 1895 his brother and Mr. Car- michael were great friends. It was the case that his brother had a bill at Carmichael's, and that at that time there was a dividend due on these ten shares, from which the amount of the bill was deducted. Ou his brother's death,' witness took Mr. Carmichael's word that the shares became his property. He had had numer ous dealings in the way of business with Mr. Carmichael, and when he paid anything on account, the amount was deducted not speci fically-from the next bill. In that case, Whose dividend might have been credited to his sccount without his knowing it. He knew nothing whatever about the transfer to Mr. Carmichael.
Bench: Now, I want you to explain this receipt "Received from A. Ritchie the sum of $100 for ten shares in the firm of Carmichael and Company, Ltd., transferred to his name and purchased from me." Purchased from whom?
A.: Harper.
Bench: "Transferred to his name, name ?
A.: Transferred to me.
$1
་་
This concluded the examination of the wit- ness, and Sergeant O'Sullivan having found Archibald Harper, the latter was put in the box. Archibald Harper, engineer on board the Whampoa, deposed that John Harper was a
Q. Will you please answer the question brother of his; he was dead now, Was it or was it not a “9”?
A. 98 was the
Q: No, no. Was it not originally written "22nd December, 1899," and afterwards altered to "1898 P"
A. Yes.
Q. Was not that the actual date on which you paid the cash ?
A. I don't remember when I gave him the
money.
His Worship: You don't remember when you gave him the money, yet you signed the no- ceipt on that date Pit kayu und sa
A. Well, he received the money before I actually signed the receipt.
Q. The date at the top and the body of the receipt is in your writing, and the signature at the bottom in Harper's?
A. Yes.
Q. You paid this money personally, and afterwards you gave him this formal receipt and asked him to fill it up ?
*
Mr. Slade contended that this statement could not be proved, and therefore it was not evidence. The only thing the witness could prove was that he had not seen his brother for a number of years.
Continuing, the witness said that his brother was formerly second engineer on the Catter- thun, and owned some shares in Carmichael and. Company.
the
Mr. Slade-How does he know that? Mr. Pollock-That will be shown. Witness had sold those ten shares to Mr. Ritchie. Witness could not not say the month, but it was in 1899-about the beginning Witness at that time was employed on the steamer Shansi, Ritchie paid him $100 for the ten shares. Witness gave him a receipt for the money, at
time he got the money, Ritchie at first was doubtful whether he would buy the shares. He had no transactions as regarded the shares with Ritchie until 1899. The money for the shares was paid about March or April, 1899. The receipt produced was the one he signed for $100. The date underneath This signature was December, 1899. He wished to correct his statement that the money was paid in March or April, and was quite sure it was 1899, in December. He had no recollection| how the date in the receipt came to be altered; at any rate, it was all right when it left him. he signature “ John Harper " in the transfer of shares produced was not unlike his brother's handwriting, but it was so long since he had as at this point adjourned till seen any that he could not be quite wher his Worship took up the expositive. The date on the stamp was not de-
cipherable and he could not, as Mr. Pollock sug
A Tes
Bien quek dusted gene Q. That was in your office. A.: No, on board the ship.
it
Q. You' took this receipt, already written out, on board the ship, and Harper signed
Telly there P
alt paano made lil A T
His Worship: What is the name of the ship.
Shanss
AnMy
that in December, 1899 § -- 11
collection is 1898.
Re-examined by Mr. Pollock, accounts were generally rendered to him by Carmichael and Company once a month." The Shanet was here in December, 1898. It was going from Hong kong to Shanghai.
His Worship, to verify this statement, if possible, turned up the newspaper files, but could not find the ship's arrival notified on the date mentioned.
Continuing, witness said he could not tell whether he was Hongkong in April, 1899.
The witness was then allowed to stand down, as his ship was to sail at four o'clock.
Mr. Wilson was then recalled by Mr. Pollock, nothing new, , however, being elicited,
The bearing was ultimately adjourned till Monday, 7th January, Mr. Carmichael being released on his own recognisances on bail of $100. The previous bail was $2,590.
The hearing was concluded before Mr. F. A, Hazeland at the Magistracy on Monday after noon, 7th inst.
Mr. Pollock asked permission to add to each of the six counts, after the word “did," the words "on the 16th day of October, at Victoria, in this colony."
No objection was offered by Mr. Slade, and the counts were amended accordingly. ****
1896
Mr. Pollock then recalled Mr. W. Hatton Potts, who turned up in the minute book of. Carmichael and Co. the date on which
John fresh scrip was issued in the name Harper. Witness made the minute of the meeting, which course, attended. date of that meeting was
Mr. G. W. F. P National Bank of gave evidence as to the defendant and the ban
Mr. Pollock then inti: ed that t the prosecution was complete." If Mr. Blad