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June 20, 1903.]
was dissatisfied with his position but because he had secured his present employment as head boiler-maker at the gas-works. After he left he requested a settlement of accounts and the repayment of the loan of $500 On 3rd May plaintiff and the representativ s of the defendant met and adjusted acconuts. I was then found that the amount of rent vaid by the plaintiff to the defendant wes 32,318, whereas the amount actually payable was only $2,055, so that he had overpa d a sum of $263, which together with his salary of $15 per month for two months. 821 expended by him on repairs, and the loan of $500, made up the claim of $14.58. A week later plaintiff took his becount for settlement to the defendant who said that it was all right but that he plaintiff must wail for the money. Since then be bad pressed for the money, but it was not forthcoming hence the action
After hearing the evince of Li Wei, His Lordship raferred the question of the accounts to the shroff add adburned the O BƏ sing die.
Thursday, 18th June.
IN CRIMINAL JurisdictION.
BEFORE HIS HONOUR SIE HI. S. BERKELEY
(ACTING CHIRF JUSTICE).
THE CALENDAR.
cases
There were down for disposil nine implicating sixteen persons! No very serious offences figured on the calendar.
THE DAIRY FARM E MBI ZZLEMEN 8.
Robert Percy Moffitt was charged with thre separate acts of larceny while employed as secretary of the Dairy Farm Co., Ld., the sume involved amounting to 35,800.
He pleaded guilty.
The Acting Attorney-General, Mr. E. H. Sharp, K.C. (instructed by Mr. F. B. L. Bowley, Crown Solicitor conducted the prosecntion. Addressing the Court, he said the prisoner had pleaded guilty to a charge of ́embezzling the monies of the Dairy Farm Co. It was not his wish to press the charge harshly, but he thought it was his duty to indicate some of the circumstances of the case. It was prisoner's duty as secretary of the Dairy Farm to keep the books, receive monies and pay them into the Bank the same day. The system of the payment of custome s' accounts was for a shroff to collect them and every two or three days when he had a large sum in his hands he paid it over to the prisoner, who initialled the amount he received from the shroff.
His Lordship here interposed with the remark that if a plea of guilty ws tendered it was unnecessary to relate the facts.
The Acting Attorney-General said he was not desirous of unduly pressing the charge, but he thought it his duty to state the facts. The total defalcations by the prisoner amounted to 811,000 The Crown had selected three items amounting to between $5.00 and $6,000 for the purposes of prosecution. In view of the prisoner's position of trust in the Dairy Farm and the magnitude of the defalcations, the ccase was one of exceptional gravity,
His Lordship-Was he the chief secretary? The Acting Attorney General said the prisoner was secretary of the Company; large sums of money were put in his hands and the utmost confidence was placed in him. There was no check upon him except the annual audit and he was completely trusted by the Company. The Registrar (Mr W Norton Kyshe asked the prisoner if he wished to say anything to the Court in mitigation of the sentence about to be passed upon him.
The Prisoner said he would ask his Lordship, in passing sentence, kindly to take into con- sideration that he had already been six months in custody-five months in America and one hure. He had nothing further to say.
His Lordship What was the prisoner's salary Pelo dana
The Acting Attorney-General stated that he got $100 a month, quarters and office, and was allowed to take up work other than the secretary work of the Dairy Farm,
His Lordship, in peasing sentence, said he was very sorry, to see a man of prisoner's
· pcsition and hitherto respectability occupying that position. The offence was a very serious one, because it appeared that the prisoner was
CHINA OVERLAND TRADE REPORT.
placed in a position of trust and had seriously abused that position. It had been stated by the Attorney General that very large sums of money passed through his hands. With regard to that fact, his Lordship could not but feel that his salary was oue which was smaller than should be paid to a mau through whose hands very large sums of money pass d. But that was no excuse in the law nor could he take into consideration that undoubtedly employers who paid small salaries to persou through whose hands large sums of money had to pass laid themselves open to the risk of peculations on the part of their employees. He would take into consideration, however, the fact that the prisoner had asked him to consider, that he had been imprisoned for several months; but he must mark the offence with a terions punishment, because of its gravity-breach of trust by a man in the position which the prisoner held. The sentence of the Court was that he be imprisoned with hard labour for three years, counting in the t'me he had been in prison already that would be two yea`s and six months. The Acting Atto uey-General-! he prisoner has not been acinally in prison, my Lord.
His Lordship-Then two years and six months is the sentence of the Court.
BURGLARY.
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Wong Yan and Chan Fui were charged with having on the night of the 18th May broken into a house at Kungolung noar Yaumati an stolen a clock. Other two counts charged them with larceny and receiving stolen goods.
The first prisoner pleaded guilty to receiving and the second pleaded not guilty on all counts, The Acting Attorney-General said he could not accept that plsa.
The following jury was empanelled :-Messrs. R. J. Macgowan, W. B. Boyce, E Luders, W. A. H. Otto, II. W. Webb, A. MoColl, E. J. Ellis. Foremau, Mr. Macgowan.
The Acting Attorney-Geueral in opening the case said the prisoners were members of a gang who were engaged in this burglary. On the night in question the mistress of the house was suddenly awakened and found the second
Matches were prisoner walking into the room. struck and she saw him clearly. The man told her not to make a noise but she shouted She saw the and alarmed the household. first prisoner taking down a clock from the wall. When the alarm w s raised the burglars made off, taking the clock with them. There were valuables and a considerable amount of money in the house but these were not touched. On examination it was found that the burgla s had gained entrance by removing the bar of the door. The police were sent for. Ou in- formation, they went immediately to a house in Yaumati where the prisoners were. In the first prisoner's cubicle was found the clock wrapped in a coat which was wt, the inferencs being that the wearer had just come in out of the rain, for it was a wet night. All the inmife: of the house-some 14-were placed in a row and the mistress of the burgled house identified them from among the others. When examined the clothing of both men was found to be wet.
The jury found the prisoners guilty of burglary.
His Lordship passed sentence of three years' on each imprisonment with hird labour, of the prisoners.
RETURNING FROM BANISHMENT.
Wong Ou, a bad character, was charged with having returned to the Colony in breach of a banishment order for five years passed upon him in 1901.
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443
The following jury was empanelled :—Messrs. W. H. Purcell (foreman), P. H. Murray, W. C P. Stoppa, C Konig, K. E. H. Pollock, C. Pederson, and H. Rattonjer.
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Mr. T Morgau Phillips, barrister-at-law, who conducted the prosecution on behalf of the Acting Attorney-General, stated in opening the cas that the complainant was a vegetable gardener at Coffee Plantation at East Point. On the night of 19th May the three prisoners entered this house and went into o mplainant's room. They s ized him, held him down andTM took a bangle from his wrist. He managed to get a hold of one of the men by the queue and bold on to him till the police were brought. The other two got away but were afterwards arrested on information.
The jury, after hearing evilence, found the prisoner guilty on both counts.
·དྷྭ:
Ilis Lordship sentenced them each to three years' and six month's imprisonment with hard labour, and to receive 20 strokes three days before liberation from gaol.
UTTERING A FORGED ORDER, at lea Li King Cho and Chan Fun Yan were charged with having on 30th May uttered s forged order for delivery of 55 bags of angar purporting to be chopped by the Man Wo (Bismarck & Co.).
They pleaded not guilty.
The following jury was empanelled :-Messrs. C. Oldorp (foreman), F. E. Shuster, A. Beattie, A. McColl, W. C. D. Turner, R. J. Maogowau, and E. Lüders.
The Acting At'or..ey-General in his opening statement said that on the morning of tlie 30th of last month at 8 o'clock the first prisoner came to the Tung Fat sugar-shop at 172, Wing Lok Street and anu unced himself as an employee of Bismarck & Co. He arranged on behalf nominally of Bismarck & Co, for the sale to that firm of 50 bags of sugar to be delivered subsequently. The transaction was entored iu the books as being male with Bismarck & Co. About noon on the same day both prisoners came together to the Tung Fat shop. The firs prisoner stopped outside. 'The second went inside, announced bimself also, as an employee of B smarok & Co., and pro- duced a forged delivery order which had been prepared presumably between the two visits to the shop. Ia the order the Tang Fat were asked by Bismarck & Co to hand over 35 of the 50 bags purportel to be ordered in the morning. The second prisoner said he wanted the sugar very promptly as it had to go ou board a ship which was about to sail. This apparently aroused the suspicions of the shop people for they sent round privately to Bismarck & Co. to a-k if the order was all right. Bismarck & Co. said they had nothing.to do with it, that the prisoners were total strangers to them, and that the shop on the order was a forgery and was not their chop. Theman whohad presented the order was accordingly arrested and a foki was sent out to arrest his accomplice, who ran off but was captured. The evidence would show that the delivery order was forged and that both pr soners représented themselves to be employees of Bismarck & Co. in order to pass off this forgery.
After hearing evidence the jury found the prisoners guilty as libelled.
His Lordship sentenced them each to three years' imprisonment with hard abour,
The Court adjourned.
The following appears in the N.-C. Daily News:-H.E. Wu, the Acting Governor of The prisoner admitted that he had returned Shansi, memorialised the throne last month. from banishment but said the fficer who took that the following honours ba conferred în con- him out of the Colony did not tell him the termsideration of the generous and enlightened of his banishment.
His Lordship remarked that not having been told the term, prisoner ought to have supposed that it was forever. He would take thit as a plea of guilty. Having returned from banish- ment, prisoner would now stay here for six mouths in prison with hard labour; after which he would be dealt with by the proper authorities.
¡BURGLARY.
Fung Chun, Chan Him and Keung Cheung Ting were charged with having on 9th May at Coffee Plantation burglariously entered a house and stolen a jadestone; also with robbery with violence.
The pleaded not guilty.........
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services of the Protestant missionaries in the settlement of the Boxer troubles in Shansi, for not exacting fall and deserved indemnities for the heavy losses of life and property sustained by them, and for using what the Chinese themselves, considered a moderate fins for the establishment of a University for Western learn ing there, viz., to the Rev. Timothy Richard, D.D., Litt. D., Mandarin Button of the first rank; the Rev. Moir Duncan, M.A., Mandarin Button of the second rank; Mr. D. E. Hoste, B.A., Mandarin Button of the third rank, Dr. E. H. Edwards, Mandarin Button • f the third rank; and Dr. Atwood, Mandarin Button of the third rank. The memorial was approved by the Throne.