426
COMPLICATED BANKRUPTCY
PROSECUTION.
THE MOOSA-~EBRAHIM CASE.
The case in which Moosa Ebrahim was charged with offences under the Bankruptcy Ordinances was mentioned before Mr. E. R. Hallifax at the Magistracy on Monday
Mr. F. B. L. Bowley, Crown Solicitor, ap- peared for the prosecution, and Mr. Eldon Potter, instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist) appeared for the defendant.
Mr. Bowley asked his Worship to fix a day for the hearing next week.
Mr. Potter thought if an adjournment was granted for any length of time that his Worship might consider a reduction of bail. He under- stood Mr. Bowley wanted an adjournment for eight days.
Mr. Bowley-Yes.
Mr. Potter said the bail was prohibitive, and as the prosecution wanted a further adjournment his Worship should consider whether it could be reduced.
Mr. Bowley asked his Worship to consider the gravity of the offence with which the de- fendant was charged. He had not had time to read through the charges, but he gathered from a glance at them that the amount of property the defendant was charged with misappropriat- ing or failing to discover exceeded $15,000.
Mr. Potter-The only figure your Worship has before you is $8,000.
His Worship-That is just to come within the charges.
Mr. Bowley-The total amount of the charges will amount to several lakhs of dollars. I must strenuously object to any reduction, but reserve the right to apply for an increase.
Mr. Potter-It is only a question of fixing an amount that will insure the appearance of the defendant. If we can get two persons of position in the Colony to put up a reasonable amount that should satisfy my friend.
His Worship-You can find two good sure- ties ?
Mr. Potter--I am instructed that we can find. two who will put up $10,000 each.
His Worship-$10,000 personal bond and two sureties of $5,000 each; would that meet your views ?
Mr. Bowley-I suggest two sureties of $10, 00 each; if the defendant and two sureties will sign a bail bond by which they are jointly and severally liable in the sum of $10,000 each.
Mr. Potter said he would not object to a remand if his client could get a reduction of bail, which was very high.
His Worship-But the charges are very heavy.
His Worship fixed the bail as suggested, the defendant in the sum of $10,000 and two sure ties of $10,000 each, and said he would hear the case on Wednesday, 17th instant.
THE CASE AGAINST ALLANA.
The case then came on for hearing in which S. E. Allana was charged by S. A. Marican, of the Cycle Depot, Des Voeux Road, with on- May 1st embezzling a gold watch and chain; on May 15th a sum of $250; and on August 25th obtaining a ticket for Calcutta by a false pretence.
Mr. P. W. Goldring (of Messrs. Goldring, Barlow and Morrell) appeared for the prosecu- tion, and Mr. F. Paget Hett (of Messrs. Brut- ton and Hett) represented the defendant.
Mr. Goldring-Your Worship is remanding this case till the same day as the other?
Mr. Hett-I hope your Worship is not doing anything of the kind.
His Worship asked Mr. Goldring if he had any particular reason for wanting a remaud.
Mr. Goldring said his particular reason was that the principal witness in this case was the de- fendant in the last. This case practically depend- ed on the other, and it would be very prejudi- cial to his principal witness to have to undergo cross-examination before his case came on. The most important case was that against Moosa, but they hung together to a large extent. It would also be prejudicial to the present defendant to go into the box and be cross- examined now, as he was the principal witness in the case against Moosa. He was quite ready to go on if his Worship thought he should.
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THE HONGKONG WEEKLY PRESS AND
His Worship-It seems to me that the cross- examination in one will prejudice the other case. Mr. Hett-I am quite prepared to take the risk my client runs by putting him in the witness-box before the other case comes on
Mr. Potter agreed with Mr. Goldring that it would put his client in a very difficult position, if he should be cross-examined in this case.
Mr. Goldring-In any event, and with all due deference, if your Worship decides that the case against Allana should be heard first, I submit it would be better for another Magis- trate to hear it.
Mr. Hett-May I be allowed to suggest that Mr. Goldring should be allowed to adduce sufficient evidence that there is a case against the defendant. My contention is that no case has been made out. Mr. Marican, the com- plainant in this case, is here and can be put in the box.
Mr. Goldring-Mr. Moosa, the defendant in the other case, has been attending to the books for. and on behalf of Mr. Marican. The books are in his handwriting.
His Worship-How can a business of this kind arise out of the bankruptcy?
Mr. Hett-I submit it does not arise out of it. Mr. Goldring-In any event, I don't think the case should go on.
Mr. Potter-i may say my client will be pre- judiced if this course is adopted.
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Mr. Hett-I think Mr. Potter has no locus standi in this case.
Mr. Potter agreed, but thought he should be allowed to point that fact out to his Worship.
His Worship (to Mr. Hett)-Is your objection only one of waste of time?
Mr. HettYes, the case has been lauging over my client for a long time.
Mr. Golding - He is out on very light bail. Mr. Hett-If my friend is afraid of losing his case, why doesn't he withdraw? To suggest that Moosa's proceedings are the outcome of Allana's is not correct,
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His Worship I don't see that there can be much objection to Mr. Hett's suggestion of calling the chief witness in this case.
Mr. Goldring The chief witness in this case is loosa he kept the books, and found out all the defalcations alleged against Allana. Mr. Marican's evidence amounts to very little, except to what happened at the end when he dismissed Allana.
Mr. Hett-Will your Worship take that formal evidence, and then perhaps the case will stop?
Mr. Golding We have not heard the opening or do not know anything of the evidence in the other case, but I understand that Mr. Marican is alleged to be involved in that case.
His Worship-This is a small part of the other case?
Mr. Goldring-Yes. I don't suggest that your Worship would be prejudiced, but you might be by what transpired. The cases are absolutely knit up together, and I don't think the smaller depending case should be heard first.
His Worship-At first sight Mr. Hett appears entitled to ask that the case should be continued. Mr. Goldring-This is a peculiar case, and it is inextricably mixed up with the other.
His Worship-Are both Marican and Allana appearing in the other case as witnesses?
Mr. Goldring-Yes.
Mr. Potter-They are supposed to have been partners.
Mr. Goldring-It will be impossible to tell what questions may involve an incriminating
answer.
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It is not that I am afraid to go on, but I want everything to be perfectly fair.
Mr. Hett-I would suggest that the com- plainant in Allana's case should be called, and the moment your Worship thinks we approaching dangerous ground you can stop us. I ask that the man be called, and I think your Worship will see in my cross-examination that we have nothing to do with this case.
Mr. Goldring-We shall not know in this case, until Moosa's case is opened, what will be or will not be, incriminating questions.
His Worship-I cannot see how the question of embezzlement of a gold watch and chain and
Mr. Goldring-They are all involved in the purchase by Marican of Allana's business. I think I am always entitled to a remand provided the prisoner is out on bail, and he is on light bail.
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[November 13, 1909
Mr..
7. Hett This charge has been hanging over my "client for some time, and there have We been notices in the newspapers about it. say that the charges are absolutely groundless, and I can assure your Worship and my friend that I will not ask Mr. Marican any questions which will incriminate him.
His Worship thought he would continue. Mr. Goldring -I think, having regard to the whole case, that it should not be taken by your Worship, in fairness to all parties.
His Worship-You put it that this case is absolutely inextricably mixed up with that of Moosa's P
Mr. Goldring -They cannot deny it.
Mr. Hett-I do deny it most emphatically. Mr. Goldring-The Official Receiver sug- gested to me that this case should be postponed, but Mr. Hett has persuaded him to change his
mind.
His Worship-To remand it until the other case is heard would be indefinite.
Mr. Goldring suggested that his Worship should remand it before another Magistrate.
Mr. Hett-The evidence of Marican will about finish it.
Mr. Goldring-It is impossible to finish to-day. Mr. Hett-If my friend is afraid to open, let us have Marican in the witness-box and examine him.
Mr. Goldring-I am quite ready to open, but Moosa is my principal witness,
His Worship--I don't see how your client is put to any inconvenience, Mr. Hett. He is on light bail.
Mr. Goldring-I will agree to it being reduced if necessary.
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Mr. Hett If my friend will meet us in that way
His Worship-I think it would be better for Mr. Wood to take this case entirely.
Mr. Potter-As far as Mr. Moosa is concern- edit is just as unfair for him to be examined in Mr. Wood's Court as in this.
His Worship We have got to do something. This is an extraordinary tangle.
Mr. Goldring-I agree to a reduction of bail if the case is allowed to stand over till the con- But how can they go clusion of Moosa's case. on together with Moosa a witness in one Court and the defendant in the other?
Mr. Hott-That is a very good reason for disposing of Allana's case now.
His Worship - One case is a summary one, the other is for a jury. I think I will continue this case now....
Mr. Goldring-Will Mr. Wood take the other case?
His: Worship--That I cannot say. Mr. Goldring-I think it is a great unfairness against Moosa in every way.
Mr. Potter-It is very unfair that a màn must go into the box and be cross-examined in such a way as may incriminate him.
His Worship-We will only hear Mr. Marican so far, and if the case is to continue it will have to be remanded right over until after the other
case.
Mr. Goldring, in opening his case, said the defendant was a bankrupt who obtained his discharge some few months ago, subject to certain suspension. On the application of his then solicitors, Messrs. Hastings and Hastings, he was allowed by the Judge to leave the Colony immediately, and it was principally upon that representation that his discharge was only suspended for one year. While still bank- rupt, he approached the complainant through his solicitors with a request for employment. The defendant, formerly, was the proprietor of the business, of Allana and C❤, and he carried on a fairly flourishing business for some years, but owing to riotous living he succeeded in getting himself into difficulties.
Mr. Hett-I suppose my friend is going to prove all this?
Mr. Goldring-I'm going to call Mr. Fletcher, and to put in the defendant's public examination, which won't reflect on him. Pro- ceeding, Mr. Goldring told the story of the bankruptcy, and stated that the defendant was subsequently engaged by Marican at a small monthly salary, the amount of which was never precisely fixed. Allana drew from $50 to $65 a month from the business. As Mr. Marican had his hands full at the Dragon Cycle Co., Moosa Ebrahim, who was also a bankrupt, acted in a friendly way by looking after
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