Page
THE MISSING $200,030," DEFENCE SAY THERE IS NO CASE TO ANSWER.
ALL THAT WAS" LEFT OF MR,
HODGKIN'S - TROUSERS,
The case in which the International Ranking Corporation is suing the com pradore of that Back in Hongkong and his purety for the reavers of aw00 which was lost from the Bank vaule in was continued yesterday morning Lefore the geting Chief Justice. (Mr. 13. H. J Conpertz),
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THE HONGKONG DAILY PRESS, TUESDAY, AUGUST TÊTH, 1924
conipradors hai partial or sale control of the bank vault. With the utmost defev ence to Air. Alabaster, Usay that it was his duty when he opened this case, to cok strue the agreement and to consider the
|
COMPRADORE AS QUARANTOR FOR THE
PUBLIC HEALTH QUESTIONS. DE KUCH AND THE WATER SUPPLY.
I context, clause by clause, and to say important member-the cashier, Stich au fof his intention to ask at the meeting
whether it bears out the statensents made by him to this Court," said Mr. Potter.
Mr. Jenkin (who had the case in hand prior to leaving for Heme) completely comprehended the meaning of the agree ment, Mr. Potter continued, when he said that the compradore was liable for what he was entrusted with in the bank, build 'ing, godown or warehouse under his care and control. These were autters they The Hon. Mr. C. (1. Alabaster, KC, would have to consider when they came apbired for the plaintiff, and Mr. Eldono sift the evidence as to whether or not Potter, K.C., and Mr. Campbell Prosser, there was any evidence that the vault was represented the defendants.
under the control of the compradore. He would put it as high as this: that the words" joint care and control" did not. come into the case at all. There was not even joint care and control. The plain siffs hail not even suggested, that this was In emply to questions by Mr. Fotter,why the compradore has a key of the witness shid that the duplicate keys of vatif. the Bank were kept in another bank, incheling the diphrate key of the rash box known as the black box.“ Any ofį, The duplicate keys could be obtained or the application and signature of the Manager or Sub-Manager. The signature
VR. COURTNEY RECALLAÐ When the case was resumed yesterday, Mr. Potter asked leave to recall Mr. Courtney, who at the time of the loss was the acting sub-manager of the Bank.
་
COME RELIE
There will also be as little left," went on Mr. Potter, "of the suggestion of rand as was left of Mr. Hodgkin's stolen trousers." (Laughter.)
His Lordship: Mr. Hodgkin's trousers
Dr. W. F. M. Koch has givem notice of the Sanitary Board today the follow-
ing question:
If that was so, continued Counsel, then the comgradore was acting as a guarantor for the foreign staff, including that very assumption raade them liable for the rashier. whose duty it was to take, the money each night down to the vault, and whose duty it was to unlock the safe with. his own hands and to place the money therein then, if that money was iuissing, according to Mr. Alabaster's argument, following resolution: his client was responsible.
"Your Lordship will take it from me." Connset said," and I am sure the Press will take it from me that I am not trying to implicate anyone. I am not, like the other side, trying to implicate any person at all."
Will the President inform the Board what facilities exist in the Des partment for
and Bacteriologica! Analytical work in connection with the investigation into Infectious Diseases," Dr. Koch also preposers to move the
That this Board respectfully sube mits to the Government to necessity for the formation of a "Water Roard' to supersede the present Water Autho rity such Roard to consist of the Director of Public Works, the Medica Ufficer of Eralth, the Government Bacteriologist. the Government Analyst and use Private Medical Practitioner.
ME
THEFT OF PLANKS. SENTENCED FOR STEALING
AND RECEIVING.
WHAT THE POSSESSION OF A KEY MEANS, In the afternoon Mr. Potter emphasised the point that without the key there would have been no case to answer.. Hle ad- mitted that the key was given to the com- pendore with the intention that he should
Three Chinese appented in the dock at ̧ use it in conjunction with other keys to open the vault overy time someone wanted the Kawloon Magistraer yesterday, the to go in. There were enses in which keys first charged with the theft of planks of were given to godown keepers, for in-wood, and the second and third with stance for other purposes than the mere opening of the doors. They were gives to them for the express purpose of making
godown, but they were told that. friend's contention was that because his client was given a key to open the flour he was entrusted with every thing in the vault. That was his friend's whole case, but it did not follow because a man was
giving stolen property. The first man pleaded guilty to stealing four planks,
in consent of the compradore was not have certainly added a comic relief to the them responsible for the goods in the ad the third to having hought them from
zuuired
Witness went on to say that when he checked the cash in vault the compra-
case.
A CLEAR DEFENCE.
him. The second man aid that he knew nothing of the theft, but that a man came to his shop with some planks and asked him to plane them
The complainant. a Chinese, said that the planks were collected in one lot on
in possession of a key he was respon. In building space in Coronation Road. It all de The watchman had to leave his post on sible for everything inside.
account of sickness, and last Saturday morning, when witness visited the place,
“Our delence is very clear, continued dure's representative would be present, Mr. Potter.and I should have thought ut he would not render any assistance it was worthy of some comment by the except in untying the findles of notes.other side. Paragraphs 3, 1 and 3 leaves The first defendant had been compradore four defends in ne dost at all. Our de- of the bank for a period of 18 years, from fence is that this money had ceased to the year 1983 to 1911 He ccaścil to be be in the control of the first defendant compradore by matual consent from the or his representative. The compradores pended, on the circumstances in which the year 1984 to 1917 when he resumed again. staff neetunted for it and handed it over key was given. It was a remarkable thing
missing. The value of the property Mr. Potter: I put it to you, Mr. Court to the foreign staff and it was therefore in a very remarkable case that the plain it was discovered that 423 planks were taken was over $100. Witnesa sent hia es that the compradore or his repre- un louger in the compradore's control. tiffs had not produced one jot of evidence sentative rever checked the cash in the Not a single comment has been made by to show why the compradore should be fukis out to look for the wood, and some the plaintiff's gounsel on this point, given the key. There had not been a of it was found in a shop in Portland Every night the money was banded over, single word that the vault was in the cor-Street, at which the third defendant was and after that the compridore's staff were trol of the compradore. A man might be employed. In another shop, where the no longer entrusted with it and therefore given a key for the purpose of opening a second defendant worked, some more of their responsibility was at an end. My box, but that was a different matter to the wood was discovered, hidden under- learged friend will forgive me if I have saying: "Here is a key; you are respon-neath some quite new planks. Witness
reported the matter to the police. tu criticise his opening, but I must esible for the conterits."
bank's multi
Witness: I don't think he ever checked
that cash
Witness went on to say that the cash received by the compradore in the course of the day's business would be handed over to the cashier to take to the vault...
COMPRADORE LEFT IN THE DARK.
Mr. Potter: We have been told that Me. Benson lost his key of the outside door of the vault. I put it to you that the compralore 'was never toll of that
y the bank --That may be ae.
A Chinese detective gave corroborative evidence.
phasis the point that he has opened an What is the position of the compra entirely different ease from that outlined dore as regards this key?" Counsel
The Magistrate (Mr. E. W. Hamilton) in Mr. Jenkin's pleadings. He starts off asked. "He is bound to open his lock by saying that the compradore is an everytime he is asked to. He has to they sentencut the first defendant to three the orders of the foreign staff, It is a months' ard labour, and imposed a fine awful order and he must therefore open of ta enn on the second and third, with
for the bank. I do regret that he has-brought into this case a phase which is not to be found in the comprare
And that the first thing he knew all agreement at all. That is the whole dit, but the hack officials are not bound. Alternative of hard fabour for
that was what he saw in the papers re-i garding this case 1-I can't say that
although you at once took steps to order two new locks from Chubbs in England, I put it to you that the compradore was riot informed of that fact in't say that he was informed, but it was common Konwledge in the bank.
ference between my fried and myself.
If you are a guarantor, then I say you
HOW TO MAKE COMPRADOES AGHIEMENTS.
to open whenever the compradore wishes month. to go inside... Supposing the compradore
You were Sub-Manager at the time and are liable, but I say tay client is not add refuse to open bis lock, or supposing guarantor and therefore, we are not liable; the compradore went away to Canton, even Mr. Jenkin and I are at one on that the bank officials could open that door without the consent of anybody. A very point"
one-sided arrangement, for they now con tend that this man had the care and con- trol of the vault. The more I think and talk about it the mere absurd it becomes. Mr. Potter continued to argue as to the meaning of possession of the key until the
formed.
Te
His Lordship You really mean, Mr. Potter, that he was not informed of the suggestion that sume malicious, person got hold of Mr. Hodgkin's trousers and took the keys out of them.
*
#
Continuing. Mr. Potter said the cashier could put five millions into the vault, but that did not affect the compradore. Bir
Court rose.
The Lase morning.
1.
was adjourned until this
PIRATE WEIGHT-LIFTERS.
The activities of six enterprising pirates who must have had a liking for
to the police. rather weighty loot, have been reported
EUROPEANS ROBBED. THEFTS FROM HOUSES AT THE
PEAK AND KOWLOON.
Two European residents in the Colony have been the victims of thefts during the weekend."
M.
The greater sufferer is Mr. G. H. Hongkong Bannerman, of the Electric Company residing at No. 523, The Peak, who has been robbed of dia- mond rings to the value of $500, and suin of $238: The money and jewellery were taken, from a wardrobe. Three of
peared since the theft.
Equally so, I put it to you that he was not informed of the loss of Mr. Hodgkin's | Courtney had told them that morning that trousers?—I can't say that he was in the compradore never checked the money in the vault. His Lordship saw in the bank vault the other day five lakhs, but that "money had never been checked by the compradore. He contended that if it was intended to make the compradore responsible for these large sunis" nothing BAD MEX WHO STOLE ANCHORS. Mr. Bannerman's servants have disap Mr. Alabaster then closed his case for in the world woukl bave been casier for the plaintiff by referring to the visit his those who drafted the compratore agree- Lordship paid by the Court to the Bankment to have put such a clause in the vault and pointing out that a mixed agreement. Nothing would have been Sundle of 35 nud 10 notes was about easier than to insert, a clause to the fol
lowing effect. three quarters the size of à lakh bundle. THE CASE FOR THE DEFENCE. Mr. Potter: Since the Court adjourned, Mr. Prosser and myself bave had an opportunity of very seriously considering this case as it stands and we feel it is sur bounden duty to submit that there is nu case to answer and, secondly, on the evidence produced, we submit that the defendant never was, and never could be, liable for such a loss.
it
At about 12.30 am. on Sunday, these
A thief, or thieves, whose entry is bé
back-door, stole money and "jewelery. lieved to have been made through the
valued at $15, from Mr. Kennedy to the Sanitary
The compradore shall be responsible hardy fellows boarded the Conservancy Skipton. Secretary
for the whole of the cash in hand of the junk No. 187, lying at Kwai Chung Bay, Board, whose house stands on the corner Bid Corporation, whether deposited in near Tsun Wan. Two were armed with
the Corporation's strong room or "not,
and shall at all times during the exist
cace of this agreement be responsible
looti revolvers and two with daggers. They of Peking Road and Ashley Road, Kow drove the crow into, the bold "and locked
depart. the crew managed to gain the AGED MAN CHARGED WITH deck through a holy in the junk's stero,
EMBEZZLEMENT.
for the Corporation's strung rooms them in. Later, on hearing the robbers He did not profess to be an expert at drafting compradore agreements, but be thought any mau of common sense would when they discovered that the anchor, DOES AGE REDUCE HONESTY? have bad such a clause inserted. It came weighing 120 catties, and its accompans
The big Court of the Central Magis to this that if there had been no key ining steel roper had been stolen.
At the same place, and about the same tracy was crowded yesterday afternoon the case, there would have been no case
time, the piratical "Big Six" raided with Chinese cigarette-hawker-mostly at all
part-twurd CAS0 junk No. 1168, and stole ent our and 3 women when the hemper ropes. From a third jurk they again came before Mr. R. E. Lindsell, looted an anchor, weighing 299 catties, in which Tam King Woo, shroff of the Hongkong Cigarette Hawkers Guild, stood charged with embezzling about $1,500.
His Lordship: You mean that if the compradore had not held a key of the strong room there would have been as case?
Continuing, Mt. Putter said the som pradore had been described by Counsel for the daintiff as an "ensurer. I consider that it is not right to introduce anch
term into this case. If by the word ensurer my friend means that the compratore is responsible for everything in the bank vault, we deny it and say it is not in the compradore agreement."
DEFINING THE COMPRADORE'S LIABILITIES.
The duties and liabilitics of the com- pradore, continued Mr. Fotter, were to Lo ascertained from the compradore able case. Ife contended that the Pacific agreement as was also how those liabili. Mail uillion; amounting on occasions to
and one oaPUS
Counsel: Of course, my Lord. Continuing, Mr. Potter said that when Mr. Courtney was asked why he con sidered the compradore responsible ho said "Because, the compradore had a key of the vault. He had no other reason thas that. There had not been a single STRANGE CAUSE FOR ATTEMPT that bis client would plund guilty in
title of evidence as to where or how the compradore" got this key, which was a most remarkable thing in a very remark
as much as £100,000, was, comparatively
A. WET BLANKET?
Mr. C. A. 8. Russ, defending, said
AT SUICIDE.
respect of a sum of $1.53, and Me Because her husband's first wife wanted. T. Prior, prosecuting, said that he take anay a fine new blanket to would be content with that plea. Mr. antin, a Chinese woman took umbrage, Russ made a strong appeal, for lenience r ties could be terminated. It was a most speaking, more in the custody of the comand attempted to commit suicide. As a in view of his client's extreme nge, when, pradore than the eath in the safe in the result she appeared at the Kowloon be submitted, a certain slacking of the important point in this case. He had
vault; though the Bank took respon Toal grievance against his "friend, Mr.ibility for it. Why was that? Alabaster, who had opened his case with- Ifis Lordship Because you can get out attempting to construe this compra. at it.
Counsel: Exactly, my Lord. It is store agreement. He had merely said the accessible to him in the vault, but the compradore had a key, and therefore the money in the safe is not.
Magistracy yesterday.
Mr. Hamilton, after giving her some wise advice, let her go, on her husband signing a personal bond in 850 for her to come up lar judgment if called upon within the next three months.
moral fibre took place in some people...
The Magistrate remanded the case for sentence for one week, in order that it might be seen what efforts were made by the defendant in the meantime towards an eventual restitution.
REVELATION IN PRICES OF
SHOES. QUALITY
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"AROLA"
16.50
HIGH QUALITY SHOK WHITE NUBUCE. SENT BROGUE
**AROLA**
22.50
*BEST QUALITY-WAITE NU- BUCK, BROWN WILLOW CALF STRAPPINGS.
A VERY SMART SHOE
"AROLA"
20.00
HIGH GRADE PATENT PUMP SHOE, FOR DANCE WEAR WILL NOT CRACK.
14.50
LANE CRAWFORD, LTD.
HOUBIGANT'S
QUELQUES FLEURS PERFUME
AND
CREME EN BEAUTE.
We bave Just Received a Fresh Supply of the above- place-Your Order Early to avoid disappointment.
THE CHINA DISPENSARY
82, QUE S'E ROAD CENTRAL
COLUMBIA NEW-PROCESS RECORDS "SONGS OF THE FLEET "
37
HAROLD WILLIAMS AND QUARTETTE.
fNo 1-SALLING AT DAWN
949 f No
930
51
No. 1-SONG OF SOU“ WESTER No. 3 THE MIDDLE WATCH
PARTS 1-2
¡No 4~THE LITTLE ADMIRAL
No 5-FAREWELL
ANDERSON'S.
1. Powell
Wm
12 Des Voeux Road. C.
JUST RECEIVED.
NEW SEASON'S
VELVETEENS
PAISLEY DESIGNS
AND
SELF
COLOURS
PLAIN AND CORDED.