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THE SHANGHAI CAUSE CELEBRE.
THE CASE FOR THE PROSECUTION
REX v. H. J. CRAIG,
Mr. H. J. Craig appeared, at H. M.'s Police Court, Bhanghai, on the 12th inst, on remand in answer to a suromons. issued at the instance of the Crown Advocate, the charge reading as follows: For that you on March 16, lid sen- spire with one-William Pitts and on divors other antes between the last moutioned day and ay 16, 1610, unlawfully, fraudulently and deceit fully, did amongst yourselves conspire, com- bino, confederate and agroo together, and with divers other persons whose names are unknown to the complainant (the Crown Advocate) by divers false preteros nalawful and anttle ways and means, stratagems and devices to obtain amil acquire to yourselves and from the Sink Indra- poora Rabber Conccasion, La., divers large sums of money and certificates of the said company, and to cheat and defraud the anil company thereof,
".
Mr. S. H. MeKean appeared to prosecute, ou behalf of the Crown Advocato and Mr. R. N. Macleod appeared for the defeneo.
Mr. J. C. E. Dongles held a watching brief on behalf of the Directors of and the Siak Company.
Mr. McKean sold that before the summons was heard against Mr. Craig he wished to make an application with reference to William Pitts. A complaint had been flel against him for conspiring with Mr. Craig in the same for a the charge against Mr. Craig. He wished to know whether that summons had been served and if not, why not.
His Worship replied that the Marshal endorsement was to the effect that he had endeavorred to ACTVs the summons at 1a, Jiakoo Roard on Monday, January 9, but had failed to do so. Po was informed by Mr. Liud, the late partner of Mr. Pitts, that the
Jatter vos now in Australia.
Mr. McKean said that in these circumstances he applied for a warrant, if necessary to be executed in Australia.
His Worship-agreed to issue a warrant if Counsel gave him further information.
Mr. McKean said that he formally applied for the warrant now,
Mr. Macleod (After obtaining the Court's permission to have his client sitting beside him) Before my learned friend proceeds, I wish to say with reference to certain remarks addressed by me to the Court on Tuesday, concerning, the course taken by the Crown Advocate in these proceedings, I have since thon zeen the Crown Advocate and I think it due to him personally and as Crown Advocate to withdraw any insinuation that he has acted otherwise than as he should have done. I consider it also due to my client and myself to express oar regret that those remarks were mide.
Mr. McKean said that he wished shortly to place before the Court the purport of the avidence anil the nature of the charge.
At his Worship's suggestion. Messrs. Liddell and Noel, who attended on subpoenas, were excused farther attendance until 2 p.m.
Mr. Douglas, who appeared for the Directors and the Company to watch the case, stated that lie would procure Mr. Liddell's attendance when necessary.
cables
reply to that telogram be dispatched two NAPIER JOHNSTONES' NOTICES TO CONSIGNEES
stated he was sorry that he could not carry out "Your instructions.”— whish' was unsigned.;
the other a telegram in which he said that ho was of opinion that Van Hengst's report was of very pleat value, and also stating that he had obtained the proference for 250 hectares of land for prospecting for oil and tie and that the cost of obtaining it was 750 guilders, Thonly extraordinary part of that telogram so far as this case was concerned was the last portion: "must have couscut of Nijhuis.". Franoken's name did not appear in any shape or form. On the same day Mr. Craig oirenlatad among his co directers a decoding of that tole- gram, but profaced that decoding by saying that this was a telegram from Fronchen, the agent of Burkinshaw and Donaldson in Batavia. The ori dence for the Crown would he that at that time Pitts know the contouts of that telegram. On the very day on which it was received Pitts know the contents of the telegram and did not decipher it in the same way as it was deciphered by Mr. Craig to the Directors. Further evidence would be that the explanation, which Dr. Nijhuis intended to be put upon that talegrum the explanation snbsequently firmed in writing on the sapo day it was dispatched, from Mr. Pits in Shanghai. Mr. Craig and his firm novor in writing ack- nowledged the receipt of that talegrain, but on the same day Craig & Co. replied to that telo. we agree to your obtaining mining grum, rights on behalf of the Company," and also. asked for a reply to a further tolegram as to Managers. It would be shown that Mr. Craig, up to this time, had always confirmed in writing the telegrams sent to Dr. Nijhuis by Craig &
Co.,
Con-
*9
“SQUARE BOTTLE”
WHISKY.
BEWARE OF
NORDDEUTSCHER LLOYD, BREMEN, IMPERIAL GERMAN MÁIL LINE.
NOTICE TO CONSIGNEES.
THE Steamship
DERFFLINGER" having arrived, Consigners of Cargo are hereby nformed that their Goods, with the coaption of Opium, Treasure and Valuables, are being Jamiled and stored at their rink into the hazard-
UNVARIED FOR
THE SAME TO-DAY
150 YEARS.
IN 1745.
IMITATIONS
BOLE AGENTS IN HONGKONG.
and from ALL WINE MERCHANTS. [56]
Rowland's
Macassar
Oil
and that subsequent to May 13 his tole- LANE, CRAWFORD & CO. grains were always confirmed. In fact upon that very day ha confirmed in writing another telegram to Dr. Nijhuis, which had been sont to him with reference to the management. Bat he had never confirmed this telegrams in writing. although probably it was the most import- ant telegram sent by him up to t at particular date. On May 16, s meeting of Directors was hall and the Minute Book would be producol, containing the minutos of that particular meeting, which, it would be proved, were drawn out by Craig & Co., Ld... and in that minste Mr. Francken was des^ribed" as the representative of Messrs. Donaldson sud Burkinshaw. It would then be proved by tho evidence of the Directors, that it was on the strength of that telegram being from the repre- sentative of Donaldson and Burkinshaw, that they parted with the shares and the balance of the purchase motoy in cash to Mr. Craig, on that particular cate. That was the outline of the case for the prosecution. Counsel would farther prore, and he might mention it now, that Mr. Craig and Mr. Pitta, or the firm of Lind and Pitts, share equally in the promotion pre- fits which amounted to Tls. 200010 in shares and a. 40.000 in cash. Ho proposed first to call Mr. Lind, who was Mr. Pits partner at the time of the transaction. Is was sub- ponaed to produce and prore documents and letters. The letters would be read at a later s'ago. He would be asked to prove the band writing of Mr. Pitts,
Mr. George Joseph Lind said that he appear ed on subpens to produce all documents and papers in his possession or ower in reference to this action. In accordance with the request of Mr. McKean he thereupon produced the books and papers.
to a division of the promotion profts. Bo was familiar with the handwriting of Mr. Pitts through having boen in partnership with him. The witness then proceeded to identify a num ber of letters written by Mr. Pitts on the firm's writing paper. Copies of the letters he had identified were in one of the books produced. Duplicates of teles rams dispatebad by the Brox or by partners in the firm were also kept in tas books produced.
Mr. McKoan-Here is a felegram of May 11, 1910, addressed to Nijhuis, Medan, and sout by Francken. Now was that sent out by your firm
Witness - I have no knowledge of the telegram sent out. I have, however, mado inquiries and as a result I obtained a copy of the telegram from the Eastern Extension Telegraph Office. The telegram was Bont about the beginning of October.
Mr. McKoon said that the charge before the Conet was one of conspiracy, Although the Continuing his evidence the witness said that ultimate object that was, Mr. Craig's motive between March 16 and May 16 he was in part
in obtaining cortain moneys and shaves nership with William Pitts, He was interrated from the company wight have been perfectly in the sale of estates in the Malny States and legal, stil the weans by which the money and Sumatra. He was interested also as a broker shares were obtained were unlawful to the know-in the sale of theso estates subsequently acquired lede o of Mr. Craig, and it was alleged that Mr. ne, the Sink Indrapoera Rubber Concessions, Craig at that time conspired with Mr. Fills in Lid, to Mr. Craig from Dr. Nijhuis. The sale so far that he and Mr. Pilts agreed to send to took place sometime in March and the estates one Nijhuis, in Singapore, a telegram in which were sold subsequently to the company. He they requested him to wire to Craig & Co. ingawa lett r received by Mr. Pitts with regard Shanghai certain portionlars with reference to an estate, but that the telegram was not to bear the name Nijhuis, but the name of a man called Franeken, who was supposed to be the sominge of Messrs. Burkinshaw & Donaldson, attorneys of Singaporo, and employed by them for the purpose of giving a report on the estate. In short, the conspiracy between Messrs, Craig and Pitle was so agrement to do a perfectly lawful act-i.e
to obtain the purchase money and shores-in an unlawful way, by menus of frauilulent telegrams, by means of which they would be able to obtain the purchase money The outline of the evidence which would be given before thn Court vasthatis Mareb, 1910, Dr. Nijhns strired in Shangbai from Singaporo with a view to selling in Shanghai throe estates, which were rubrequently offered under the name of the Siak Indrapeer. Rabber Concessims, Ld. On his arrival in Shanghai he was introduced to Mr. Craig by Mr Pitts, On or about March 16 he sold those estates to the firm of Craig & Co, Ld., of which Mr. H. J. Craig was Maang ing Director and Chairman of the Board. Mr. Craig then formulated a schems to sell there estates to the Sisk Indrapoers Rubber Conces sions, Ld. The Directors of that company were Dr. Marshall (Chairman) and Messrs. Noel, Liddell, and ' •raig. It would be shown. in evidence that on March 30 a Directors' meeting was held at which Craig & Co. were directed by the Directors to obtain an io. Dr. Robert James Mazalall was next called dependent report from Donaldson and Burkin and he stated that he attended Court on show as to these estates. The Directors would subpoena. He was the Chairmen of the Siak The Bay that what prompted them to do so was that Company and he knew Mr. Craig, the only report received up to that time was a reompany was incorporated on March 29. The pert handed to Mr. Craig by Dr. Nijhuis, the vendors of the estate to the Company were original vendor, and that they themselves with- Mesere. Craig & Co., who were also the man- ed to be satisfied. They would further tell the agers and zecretaries. The defendant was n Court that from March 31 antil, at my rate, member of the firm. Witness knew a man May 16, the Directors pressed. Mr. Craig to ob-namel William Pitts. He know that he was tain that report from Donaldson and Barkin haw, connected with the sale of this property to the but that he did not communicate, as far as y Company. Pitts was interested with Messrs. know, with that firm, and that when the time Craig & Co. in the sale of the property. He camo at which the purchase was to is completed first met Pitis ip connection with the sale of the on April 26, at a Directors' meeting held at estates on March 21, Before that time he did that time, the Director were advised by their not knew he was the broker between Nijhuis legal adviser that if they obtained a satisfactory and Mr. Craig, bat he was informel by Mr. report from Donaldson and Burkinshow they Craig that such was the case. Da March 21 he would be compelled to complete the purchase did not know that Pitts was interested in a and pay over the balance of the parchase money shore of Mears. Craig & Company's prouts. in shares and in cash. At that particular time, At Lie menting of March 21 particulars of the the Directors would tell the Court they were estate and management were discussed. becoming snxious about the report, that it was March 30 a meeting of Directors was held and not forthcoming and that Craig & Co., were there were present: Mesurs, Liddell, Noel, Craig. making excuses as to the volume of work going Nijbuis, Pitts and the witness. through their offices at the time, for not At this stage Mr. Donglas interposed and re- obtaining an independent report. At that quested that the minute kook should not be meeting it was decided, on the advice of the handed in yet. There were a lot of things in it
Answering farther questions the witness said that he knew nothing of a man in Sumatra or Java of the name of Francken. As a matter of fact he never heard the name until these pre- ceedings. He had supplied Mr. Craig with a oopy of the telogiam le obtained from the telegraph office. He found the memorandum produced amongst the papers of the firm.
Mr. Macleod suid he did not wish to cross- examine the witness, and after his arideoco had been red over the witness left the box.
No. 22, Museum Road, Corner of Soochow Road, Shanghai, 17 legal adviser, that upon obtaining a proper which dil not concern the present inquiry.
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report from Mesers. Donaldson und Burkin Mr. Macleod The difficulty can be over- shaw or their nominee, they would be compell come by Mr. McKean stating what extracts he ed to pay over the purchase money. At that wants and I will have thom copied and admit point, the case for the Crown was that Messrs. them.
Pitts and Craig were in direct communication Continuing, the witness said that the report
(Continued on page. 6.)
STOMALIX
with each other und Pitts know the internal of resra, Donaldson and Barkinshaw, Sin- warkings of the company and the wishes spore lawyers, never cazue to band. He saw no of the Directors at that partionlar time. Between April 26 and May 11 nothing transpired of any importsues, to the Crown's out. Ho would call Dr. Nijhnie to prove that, on May 11 he received a telegram from Shanghai, addressed to him in Medan, which born no signature. The purport of this telegram was that he should send to Craig & Co., Shanghai, certain particulars with reference to the estate, not signing his owa-name, but that the rat word of his telegram should by Franskes," which was not a code wort Dr. Nijhuis would state that in
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ous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Ltd, Kowloon, and West Point Godowns, whence delivery may be obtained,
No Claims will be admitted after the Goods bave left the Godowns, and all goods remaining undelivored after the 19th inst, will be subject to rent.
All broken, chafed, and damaged goods are to be left in the Godowas, where they will be oz.
amined on tho 19th inst,, at 9:30 AM.
All Claims must reach us before the th inst, or they will not be roccgnized,
No Fire Insurance will be effected.
Bills of Lading will be constorsigned by the Undersigned.
NORDDEUTSCHER LLOYD,
MELCHERS & Co..
Genoral Agents
Hongkong, 12th January, 1911.
NOTICE TO CONSIGNEES.
THE P. & O. S. N. Co.'s Stenmer
CANDIA.." FROM ANTWERP, LONDON, MALTA, PORT SAID, SUEZ AND STRAITS. Consignees of Cargo by the above-named Vessel are hereby informed that their Goods aro being landed and placed AT THEIR RISK in the Hongkong, and Kowloon Wharf and Godown Co.'s Golowns at Kowloon, whore each Consign- mont will be sorted out Mark by Mark anl delivery can be obtained as the Goods are landed. Optional Goods will be landed hore unless in- structions are given to the contrary within 5 hours.
Goods not cleared by the 20th inst, at 4 P., will be subject to rent.
No Fire Lasurance will be effected by me in any case whatever.
A.M.
Damaged packages must be left in the Godowns for examination by the Consignoo's and the Company's survey are, Mesars. Goddard and Douglas, ut. 9
on MONDAYS and THURSDAYS. All Claims must be presented within ten days of the steamer's arrival here, After which date they cannot be recognised. No Claims will be admitted after the Goods have loft the Godowns.
F. A. HEWETT,.
Superintendent. Hongkong, 14th January, 1911,
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"SEGOVIA" Japtain Sachs, having arrived, Consignees of Cargo are hereby informed that thoir, goods are being landed and placed at their risk in the hazardous and/or extra-hazardous Godowas, of the Hongkong & Kowloon Wharf & Godown Co., Ltd., whence delivery may be obtained against Bills-of-Lading countersigned by the Undersigned.
Optional Cargo will be carried on unless notica to the contrary be given TO-DAY.
All Claims mns: la presented within ten days of the stener's arrival here, after which dato they cannot bo recognized,
No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after the 21st inst. will be subject to rent.
All broken, chafed, and damaged goods must be left in the Godowns, where they will bo examined on the 20th inst, at 3 P.M.
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HAMBURG-AMERIKA LINIE,
Hongkong Office. Hongkong, 15th January, 1911.
-"
[195
"GLEN" LINE OF STEAMERS.
NOTICE TO CONSIGNEES.
FROM
T
ANTWERP. MIDDLESBORO', HULL, LONDON; AND STRAITS.
HE Steamship
"GLENTURRET;"
Captain B. Websier, having arrived from the above Ports. Consignees of Carge are hereby informed that their Goods are being landed at their risk into the Godowns of the Hongkong and Kowloon Wharf and Company, Limited, Kowloon, and stored at Consigness" risk and expense.
All broken, chafed, and damaged Goods are to be left in the Godowns, where they will be examined or SATURDAY, 21st inst., at 10 ..
All Claims must be presented within fifteen. days of the teamer's arrival bere, after which date they cannot be recognized.
No Claims will be admitted after the Goods hare left the Godowns, and all Goods remaining andelivered after the 21st inst, will be subject fo rent.
No Fire Insauce has been effected. Bills of Lading will be countersigned by
SHEWAN, TOMES & Co
Agents.
Hongkong, 15th January, 1911.
[156
NOTICE TO CONSIGNEES. FROM SHANGHAI, KOBE AND MOJI.
HE Stenship
THE
ARRATOON APCAR," having arrived from the above Parts, Con.. signees of Cargo are hereby informed that their goods will be delivered from alongside.
Largo impeding the discharge will be landed at Consignees risk and expense into the hazar dous and/or extra hazardous Godowns of the
SCOTCH WHISKY. Hongkong and Kowloon Wharf and Godewa
BOLE AGENTE IN
HỒNG HỒNG. CHINA & MẠNH LÀ.
A. S. WATSON & CO,LTD.
117
Cempany, Limited.
.....
No Fire Insurance has been effected. Bills of Lading will be countersigned by
DAVID SASSOON & Co., Ltd.,
Agents. Hongkong, 16th January, 1911.
(190