Page
GENERAL COURT MARTIAL. CHARGES AGAINST, A WILTS. OFFICER.
ALLEGED MISAPPROPRIATION «OF FUNDS.
A general Court Martial assembled at the Officers' Library, Victoria Barracks, yesterday morning, to deal with charges against Lieut. A. E. Thompson, of the Sad Battalion the Wilts. Regiment, of alleged misappropriation of regimental
funda under Hin care.
The court was composed as follows: President, Col. Clementi Smith, 22nd Punjabis: members: Major H. "M. Ed- wards, .8.O., R.E.; Major W. S.
THE HONGKONG DAILY PRESS, FRIDAY, JULY 29гH, » 1931.
the officer in charge; if on duty at the cinema he was responsible for the money from the time it was taken to the time
SIR CHARLES ADDIS TO
RETIRE.
1
SUCCESSOR.
it was handed over to the officer in SIR NEWTON STABB charge. The duties of the officer in charge wers to take over. the money handed to him by the Lance-Corporal, 'check it with the shit the attor brought to him, and enter the amount in his cash book Provided the amounts the amount of the chits there could be entered in the cash book tallied with 30 charge of misappropriation made. on spoken to about banking the honey Lieut. Thompson never satisfed witness that he did not have time to do
2
TAKING A SHORTHAND NOTE
Il
the
THE SALE OF A MOTOR BOAT.
HIS LEGAL ARGUMENT, ON AUCTIONEER'S
RESPONSIBILITY. The Times of June 18th says:
Legal argument was heard by the Puiane We learn that Sir Charles Addis has Judge. (Mr. J. R. Wood), in the Summary arranged to retire from the managership Court, yesterday, in the case in which in London of the Hongkong and Shang Mr. Lre Nagel, merchant, of 32, Morri- hai Banking Corporation. The retire-son Hill Road surd Messri. Lammert ment will take effect from the end of line, auctioneers, of Digddell Street for September or the beginning of October, 353, of which 125 was for money receiv Sir Charles, however, will retain the by the defendants as agents for the chairmanship of the London committee, plaintiff, and 10 money expended by At the beginning of the proceedings the and will remain the head of the British the plaintit, on the care of the motor- Downing. R.G.A.; Major Bagoal, Court swore 10
youthful private group in
Chinese Consortium. bost Dat Ler. Alternatively, the plain- D.S.O.. R.G.A.: Capt. Leslie Smith, soldier to take, to the best of his skill. Therefore the only change that his retire-tit claimed 3833 for negligence. 22nd Panjabis: Judge Advocate: Major and supply a transcript of a shorthand ment will involve will be that Sir Charles Mr. Watson (of Messrs. Johnson, Stokes Hickling, 11.S.O.: Prosecutor. Captain, e. At the end of Major Timmis's work associated with the managership. Mr. A. H. Crew (of Mesars Hastings & will be relieved of the daily round of Master) represented the plaintiff and A. H. Bleckly,
dence the young soldier was required to Three of the charges alleged that stand forth and read the evidence taken, Sir Charles has the distinction of being Hastings) appeared for the defendants. during February, April and May, Lieut. for confirmation by the witness;-a test the only banker who has been appointed Thompson, being concerned with the at which an experienced shorthand writer director of the Bank of England, and thems and Bank Court, Sir Charles, who will be 80 misapplied to his own use sums of money sad muddle with the
that amounting to $127.10. Alternatively he and had to give up
thoughs and withouts in November next. has had a strenuous was charged with neglect to the pre-There was nothing for it but for Majar been well known that he was anxious to pradore order sent to the auctioneer by
the tank.
career, and for some time past it has judice of good erder and military dis Timmis to give his evidence all over be relieved of routine work.
Mr. Watson coutended that if the com cipline. He was also charged with dis again, and this time the President took as the leading authority on banking and went and refused plaintiff could have abedience of the lawful command of a it down, in longhand, with both question financial questions connected with the enforced the contract or we could have He Tanks, the purchaser had been presented for pay superior ofeer in that he failed te bank and answer, in fuli, of all cross-examina Far East. For his public services" head the boat. the money he received weekly when order tion. The President took down all subse-received the honour of knighthood in
by Major Timmis and quent evidence in this way, until his wrist 1913, and was made a K.C.31.G."at the boat. "with making a false entry in a cash gave out, and the Judge Advocate carried beginning of this month.
Co-Sergt. Major Holloway, said that he supervised the regimental cinema. On about a dozen occasions he had checked unknown to the Lee--Corpl. and private, the number of seats occupied but had ever discovered any discrepancy in the cash handed in.
His Honour in the course of the argu- eat said it seemed to him that the fundamental question was whether the con purchaser was or was not an enforceable
care of regimental money, fraudulently might blench. The poor lad was soon in he will continue his membership of the tract for sale between the plaintiff and
ed to do 50
book.
PLEA OF NOT GUILTY.”
the
The abcused, on whose hehalf Mr. G G. N. Tinson appeared, entered plea of not guilty on all counts, Major Timmis president of Regimental Cinemis Fand, was the first witness called. He was about to give evidence from written notes when Mr. Tinson objected that a witness was only entitled to fresh his memory from notes made before the charges were brought.
The Court evasulted the manual of military law, and learned from Major Timmis that he maile the notes on the previous day, because the case was rather complicated.
The Court ruled that the 'witness could not make use of the notes.
UD.
Lance-Corp. E. L. Benli, said he was cashier of the cinema and supervised the sale of tickets. He described the way the tickets sold and the money taken was checked. Next day, he took the money with a detailed chit to Lieut. Thompson On two occasions, Lieut. Thompson was not there and the banded the takings to Liest, Farmer On no occasion was the money checked by either in his presence, In reply to Mr. Tinson, the witness said he could not explain why four entries in Pte. Whitaker's book, as to takings, showed amounts less than the amounts entered by Lirut. Thompson in the official book.
Sir Charles will be succeeded in the managership by Sir Newton Stabb, whe has been chief manager at Hongkong for the past 10 years. The latter has spent the whole of his business life in the ser- vice of the bank, nad possesses in mark- ed degres those qualities which go to the making of the successful banker.
باد
contract.
His Honour: You have never lost the
r. Watson: Through the negligence of the defendant the boat is quite useless. deteriorate
Bis Honour: Who 'allowed it to
natural causes. The boat is how value- Mr. Watson: Is deteriorated through less and I suggest that it is the negligence of the defendant in causing this action
to be held up for a year that is respons ible. If the defendant had presented the prder and then informed the plaintiff within a week or two of the sale the plain- tiff could have cakea legal advice to enforce the contract or have got his bont back in decent condition.
COMPANY REPORTS."
THE "SHELL *
CO.
Mr. Watson proceeded to argue that The annual report shows profits. in-having been invited by the advertisement cluding the balance of £1,283.000 to inspect the boat the purchaser could brought forward, are no less than not say the contract was invalid. Uuder' £8,011,284, or £3,000,000 greater, thar, the Sale of Goods Act when the contract year ago. Dividends come to 35 per was completed the property was passed: cent. for year, leaving forward and the condition became the warranty. £2,007,589, subject to excess profits duty. M: Crew: 1 am not disputing that in The Announcement is made of an in- this case, of course, The
property passes crease in capital, and an extraordinary who cash is paid. No cash was ever general meeting will be held on July 4th paid in this case. to increase the same from £23,000,000 to £33,000,000 by création of £10.000,000
Mr. Watson: I say that the property passes when the hammer falls.
Major Timmis stated that about May 10th he told Linus. Thompson, who was in charge of the R.. cinema, to hand over his accounts. The later said that he would prefer to hand them over at the end of the month and witness WLS
In reply to the Judge-Advocate, the struck by the fact that he appeared witness said he would swear that the comfortable over the matter.
Witness accounts entered in Pte. Whitaker's bookc cxplained that it would be more con. Corresponded with the amounts on the additional ordinary shares of £1 each to userting that the bid was the offer and venient for an officer living on the Peak chits handed to Lieut. Thompson. to take over the running of the accounts. Two or three days afterwards witness asked Lieut. McDonald if he had, in accordance with witness's instructions, taken over the accounts from Lieut.
ARE YOU-A HRÏTON-
CONTENT TO BE
A POLITICAL CIPHER?
by at-
The Judge-Advocate: The officer has to take your word for it that the amounts tn the shit was correct {
Witness: Yes.
'THE PRIVATE'S PRIVATE BOOK.
The President: Was that book ever shown to Lieut. Thompson-No, sir, he' Derer saw it, to my knowledge.
The President: It was simply kept out of curiosity on the part of the Pte. Whitaker, for his own edification.
Witness: We should have had no check at all but for that book."
Mr. Tinson: That book, strictly, is
not evidence at all
check ?
sary.
4
"
be issued at discretion of the directors.
TRONOHMINES,
The Tronoh Mines report for 1090 shows a profit of £30,021. Balance sation of investments £9,457, Dividends brought forward £23,000 loss on reali equal to 28. per share, already paid, £20,000; carry forward £24,464,
Out of
matters, including a back paying-in slip
$101.20
Mr. Watson elaborated his contention the fall of the hammer the acceptance- The purchaser had then to accept the goods and, sue on the warranty.
His Honour: If a property panses, a new situation arises altogether.
if the selle sued him for the price then Mr. Watson: it was up to the "pur- chaser either to sue ou this warranty or he could have sued for damages for breach of warranty.
...
:! -
REFORM.
The contract having been completed. occasions, but very few, when I have not enforce when they received the money, but Lieutenant Thompson). There have been the duty of the auctioneer to take steps to said Mr. Watson at later stage, it was entered the cash taken at the previous he supposed that, as a matter of thet, the performance in my cash book, generally order was lost the day after it was Pie. E. Whitaker said he was operator would then lock the chit and cash-away tioner in this case as the person liable owing to some, urgent appointment, I received. It was the duty of the auc- Thomson. Lieut. McDonald said he had for the regimental cinema; be bought in my cash box and as soon as possible to give delivery of the goods ie the pur
the films and make all arrangements not, because Lieut. Thompson had sug under the supervision of the C.S.M. He make the entry. On two or three occa-chaper because he was selling for an un- gested he should not hand them over kept an account of the takings (in the Realff brought me two, three and four- until the end of month. Witness then book produced)...
sonit might be more-Lee. Corpt. disclosed principal, added counsel.
His Honour: The root of the question sent an order to Licut. Thompson and The Prosecutor: Why did you keep a with slips for each are separately. I able contract or not.
performances takings in one packet but to my mind is whether it is an enforce the latter handed the accounts over.
On checking the accounts, witness Witness: As a matter of interest to asked him to explain why he brought so
cannot remember whether I have ever) Mr. Crew: do not think that matters found that the takings agreed with the amount banked and with the petty cash
myself.
to my case which I put higher than that. expenses but he noticed that the receipts it -Major Timmis knew it quite well; January 17th to February 17th, he was is immaterial to my case whether the con-
Does anybody else know that you kept many days takings together.
The real case is, "Has Mr. Nagel suffered for April, amounting to over $100, had also the C.SM. and Len.-Corp. Realff.
As to discrepancies in February, from damage from my client's negligence?" It not been asked until May 13th: ness had ordered Lieut. Thompson on hook last year.
Mr. Tinson Why didn't you keep 437th, there had been one performance, cuforceable, my case is doubly sound.
awly at camp. Previous to January tract is enforceable or not. If it is not more than one occasion to bank at least
at which $16.30 was received. Witnesa Because it was not neces that, he paid away 812, leaving $4.30 in our expressed a desire to hear Mr. Crew once a week as it was not advisable to
After further legal argument bis Hon- keep a lot of money lying about. Оп
hand. On his return from camp, Capt. several points and adjourned the case further examining the accounts witness
Why not Because an officer kept it. What was the real reason why you slip of paper and other recalled an estimate which had been kept this book Because I wished to
Bette banded him the official, cash book, until Wednesday afternoon next. Turnished by Private Whitaker for the know how things stood at the end of the for $103.90. He entered the particulars CHINA'S DESIRE FOR TARIFF purpose of showing what the cinema month. takings should have been during April. Why did rot He found that this was over 8100 more January 1--Because Lieut. Denne kept a would not balance with the
you keep it before the slip until he came to the last entry when he noticed that the book than the takings entered by Lieut. book and always used to show it to shown on the paying in slip it would be Thompson. Asked where he got his me, so it was not necessary,
NO DECISION LIKELY YET. estimate, Whitaker produced a duplicate copy of the daily takings. On compar books-No.
Lieut. Thompson never showed you the one side and the receipts showed a cash out by 823. The slip was balanced on
SURTAX SUGGESTED MEANWHILE. ing this with Lieut. Thompson's account witness found a difference of over
Did you ever ask him to-No.
credit of $18.20, which left a difference hundred dollars between the two. Pte.
In reply to further questions, the wit of $23 according to the bank book. B
PEKING. July 20th. could not find how this mistake occur Chirin's request for revision of tariff, in ness sed he could not account for an red as the slip balanced and there was accordance with the provisions of the Whitaker showed a total of $500 and Lieut. Thompson a total of $106. O 17th, ner for changes in the figures of the slip. He saw Major Timmis, who in 1910, is still under the consideration error of 10 cents in his book for June nothing to direct attention to the back Tariff Agreement reached at Shanghai looking further back, witness found that shown for June 20th and end. in February the two books did not
Capt. E. Betty, said that about not antil a day or so later that he may considerations and it is not likely
looked at the slip carefully, but it was of the Powers. The takings for February 21st, February 12th Mejor Timmis told him agree.
The question, involves ahawa as $10.70 in Lieut. Thompson's to lank "after the cinema accounts of the pointed out to him the $3 on the that it will be settled finally for some] book and $16.10 in Ite. Whittaker's book. RA. Theatre till Lieut. Thompson re the book bat found it still, would roti The suggestion has been made that as were shown at the end of the month in turned from camp, Major Tumis told balance owing to the credit of $1.30 a temporary measure a surtax might be
He then completed entering time. Licut. Thompson's book instead of in him to make no entries in it, as there already mentioned. He, therefore, alter employed, instead of increased dues to
Witness sent for Lieut. Thompson and there were a lot of bills and pieces of the hook balaner., It was solely through cent
had been no entries for sonic time and ed the S9 to $15.70. which then made bring the tariff to an effective five per asked him if he could give any explana paper, lying about in the book. tion. He replied to the effect that he had nothing to say about it. There,
This completed the case for the prose keeping that he did not carry forward 1914, when the agreement was reached it inadvertence and ignorance of book. It is pointed out, however, that in cution.,. were further discrepancies in May und
a credit balance of 8.30. The next us anticipated that two years after the on again checking over the two books
THE DEFENCE.
timo Major Timmis checked the book war tride. would have resumed normal witness found that in the beginning of Lieut. Thompson, in reply to the with the slip he explained why he had conditions, whereas present conditions January the takings were 810.30. The Court, said that he wished to give evi catered $18.70 instead of 223, nad Major are still abnormal. amount paid out for expenses from the dence on oath and to call witnesses. He Timmis seemed to agree. The reason It is thought probable that Japan will second to the fourth of January was I stated that at the end of November, trics for February 21st were made at press for compliance on the part of leaving a credit of $4.30. The remainder 1920, he took over the accounts of the the end of February, instead of in their China with the provisions of the Ad- of this page up to February 14th should R.A. Cinema from Lieut. Denne, who proper place, was because of the delay dition Treaty of Trade and Commerce have been a mere copy of slip "K" told him the principles on which her the slip. He mislaid one chit re of 1003 negotiated by Mr. Odagiri, then which would be produced later. The worked were: A N.C.O. would bring Presenting a day's takings and entered Cons General at Shanghai.
correct except that for the takings of the previous evening's at the end of the month, from memory, treaty provides for the abolition of likin February 11th $23 was shown on slip performances and a chit stating number 10.70 when he discovered that one dues for the promulgation of proper "K" where 818.79 was shown in Licut. of seats sold and amount of cash receiv.day had been overlooked in its due Trade Mark and Copyright Laws, to pro- Thompson's book. Slip "K" the wit ed. He always checked the money to place.
tect, the interests of Japanese nationals, ness explained, was handed to him on see that it milied with the child, the The Judge Advocate: To square the and for the establishment of uniform February 12th, by Lance Corph Realff N.C.O' presence. He would then enter account, eh?
currency and weights and measures in and represented the cinema takings from particulars on the chit and the amount
China. None of these measures have January 17th to February. 8th.
of cash in the cash book and throw the
been carried out, and, while the Japanese Cross-examined by Mr. Tinson, Major chit away he would not keep the chit Timmis said that when he instructed
Government will join with the other Lieut. Thompson aid he also carried Lieut. Thompson: And the hook and Powers in agreeing to the increased tariff counte he had no auspicion that there time, he had never been asked to pro-on anid he had no specific ordez, and With regard to the abolition of likin Lieut. Thompson to hand over the moon in that manner. During the whole the money then agreed.
As to weekly banking, Lieut. Thomp sures may be made.
a condition regarding the above men was anything wrong, with them. There duce the slips nor was any suggestions to handing over his duties, he did dues and the consequent raising of were also a company-sergeant-major, made that he should retain them. When lance corporal and a private concerned be received the money he would check 80 on getting a direct order from Major China's import tariff to twelve and n with the theatre. The warrant officer's it in front of the N.C.O. and enter the immis. He had never had his dution half per cent., it is the general belief duty was to superviso the takings and particulars on the chit in the cash beyond what the officer who handed over tral Government could, not enforce defined to him in taking over the cinema, that in the present conditions tho Cen act as operator. The lanos-corporal had book. Not thinking it necessary to to him, told him. usually to assist in collecting money at keep the shit I destroyed it (continued
abolition in many of the provinces, and The proceedings were then adjourned that, therefore, the time is not ripe for until to-day.
that measure-Reuter,
the proper place.
oopy
W26
.
the door and to hand over the takings to (Continued at foot of sext column.)
other side,
Licut. Thompson: Not to square the count.
Mr.Tinson: He did it from memory.
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