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THE ÄTHERLEY TRIAL. SEARCHING CROSS-EXAMINATION OF COMPRADORE.
CHINESE ORDERED OUT OF COURT, The case in which James Edward Atherley, forraer manager in Hongkong of Messrs. Getz Brothers (of the Orient), Ltd., is charged with fraudulent conver- sion of four sums totalling $3,973 was continued yesterday at the Criminal Sessions before the Chief Justice, Sir
Henry Giollan, and a jury comprising Mr. P. M. S. da Silva (foremaa), Messrs. Maurice Minney, II. L. Stainfeld, A. S. da Roza, E. A. Simon, Sheik Juman and Sam Man Yan.
Mr. F. C. Jenkin (instructed by Mr.
appeared for the prosecution, and Mr. Elsley Zeitlyn (instructed-by Messrs. Hail A Hind) defended.
Mr. Zeitlyn continued his cross-examina. tion of Mr. Chau King Yan, the com pradore of Getz Bros.
PAYING CLL'D FEES.'
THE HONGKONG DAILY PRESS, WEDNESDAY, JANUARY 6TH, 1926
Here is an item of 813 paid to the U.S.R.C. Do you know what that is 7 I do not know for certain.
"PUNTING ON THE STOCK EXCHANGE. Mr. Zeitlyn: You remember March 1994, when Mr. Atherley told you that he had beep badly hit in Stock Exchange sharest.
It is a club in Kowloon, the United-He never told me. Services Recreation Club. On two cera- sions you paid Mr. Atherley's club dues, by your own personal cheque -I remem ber Mr. Atherley passing these two bills and asking me to pay them.. I did so by a personal cheque.
There is an item for electrical &ttings for Mr. Atherley's house, and another for the Hongkong Hotel-It might be so, but I did not know what the money was
for..
THE BOYCOTT: REPORT BY THE MERCHANTS". DELEGATION.
Yesterday afternoon a meeting of Did you not know, that Mr. Atherley Chinese merchants was held in the prin speculated on the Stock Exchange-Icipal room of the Chinese General Chamber of Commerce to receive the re did not
port of the eight Chinean delegates who went to Canton on December 30th to dis- cuss terms of settlement of the boycott.
Ale. Li Ya Tauny. Chairman of the
Did you know that he bought shares im He told me at the beginning of 1923,
Replying to further questions, he said that he did notice brokers' runners coming to an office with chits for Mr. Chinese Chamber of Commerce, who was Atherley, but he did not know that he Head of the delegation, in presenting his was punting on the Stock Exchange. report. said that upon their arrival at, Neither did he know that he was dis- Cunton they were met by representatives cussing hares with his (withossa) guar-from the Bureau for Foreign Affairs. antor, Mr. Wong. It was true that he the Public Bureau and the Tour Cham- bers of Commerce. Motor cars were also arranged to convey them to interview the authorities in the Government Officer, Headquarters and elsewhere,
had interpreted for Mr. Wong when he
conferred with Atherley, but there were private conversations into which he did
He had dever heard Mr. Wong accused discussing shares. He
On December 31st, the delegates in agreed that he had heard of shares called company with Mr. Lok Lai Chor, weat "Cements," but he did not know the to the National Government Headquar- quotations, neither had he asked Atherters where they were received by the ley whether it was wise to sell Cements secretary, Mr. Chan Shu Yan: Mr. Wong short. Mr. Atherley had told him about them, but he refused to deal with them. Accused did tell him that there was money
Do you not remember that before the two bills at the Hongkong Hotel were Tryor, of Messrs. Wilkinson & Crist), your clerk totalled up the chits 2-
Yes, that, was 10.
Witness agreed that he knew that bills from certala tobacconists
for not.enter. were cigarettes supplied to Mr. Atherley and
"Counsel: All the money transactions between you and Mr. Athericy throughout Witness replying to Counsel said that the whole period when he was manager were transactions in which you made when he became compradore to the firm, he had to provide a guarantee, the total advarices to him for personal purposes on "amount being $30,000. This included his his personal security --It is not true that personal guarantee, and also the guar-all was for his personal use or on his autees of three other guarantors. He personal security. agreed that it was important for him to see that his responsibility to the Com- pany was discharged in good time. necount in the office dealt with the monies colleered and witness considered that his responsibility ended when he had the papers showing moneys paid over to the He contended in bank or to the office. reply to further questions that as long remember.
is he had a chit initialled by the manager i for the monies handed over to him. his responsibility was ended.
Replying to is Lordship, witness said that for all money he leaned Mr. Ather Amey he looked for repayment "from him
personally.
Mr. Zeitlyn: There is an item hero of $83, paid to the China Underwriters, Lil, constituting Mr. Atherley's quar terly premium on his life policy. I cannot
Replying to further questions, he said that he did not know that an item of 312.56 was payment for a leather case He agreed Mr. Zeitlyn: Did you not loan money for Mr. Atherley's mah.
in them.
Mr. Zeitlyn: Then you knew that Mr. Atherley was garbling on the Stock Exchange-Yes, in June 1925.
You knew it in March 1924. when he
Ching Wai, Chairman of the National: Council, being then away on some other business. Later in the afternoon, while in conversation with Mr. T. V. Sung, the Finance Commissioner, the delegates were invited by Dr. C. C. Wu to his office where they were informed of the receipt of a letter from the Strike Committee
asking to be informed as to the nature and extent of the responsibilities of the
Hongkong delegates,"
to Mr. Atherley - did have gurrent; that an item of $73 water tax was for dated cheques for Mr. Atberley, and had mostly with"the past stages of the Strike,
account with the manager.
14
the use of water at M. Atherley's house.
He agreed that he had eashed post
many times shed his personal cheques. He had also done this for other persons. You had it since November 1922--
He remembered when Mrs. Atherlev Whenever the manager wanted some money from me he signed a slip, with his went home to the United States, and head out of the Company's cash.
knew that the fare was 21,500. Mr. |
ificials.
Is it not true that since November and you have made advances to him of con-
siderable sums-That money belongs to the Company.
MRS. ATHERLET'S PARL
told you that he had been badly hit by the March settlement day. He told you that he had lost 85,000 and that he would be obliged if you would loan him the sum.
DISCUSSION WITH PHE, STRIKERS. and you replied that you would see what
On January 1st the delegates were in- you could do --No; but he did say invited by the Strike Committee to dinner March, that he wanted money.
at the Hotel Asia. Among those who You agreed to lend him money-made speeches was Mrr So. Saiu Ching. ever did.
Chairman of the Strike Commission." in the course of his speech which dealt
Mr, So said it had not been the wish of the Strike Committee to put the Chinese merchants to great inconven- Atherley did not ask him to lend him Questioned as to the procedure at the ence. As regards the strikers' demands office arranged between Atherley and him he said that with the exception of those self, witness said that it was his custom involving political affairs what remain- to bring to Atherley the counterfoils of ed to be considered were questions con. his paying-in book. He also agreed that he had brought him the receipted billscerning the strikers themselves, especially reinstatement" which, he thought, it for the items which Counsel had enumer
He disisgreed that he had ever paid was not within the power of the iner. any monies into Mr. Atherley's account chant delegates to negotiate. As to tho and denied that in pursuit of a request wages of the strikers during the strike by Mr. Atherley for a toan that he had period, until an accurate estimate could International Bank. ever made payment to his account at the be made, he could not tell exactly what
that money.
Did you say that you would ask Mr. Wong, your guaranter, to advance the money, and when Mr. Wong came did you not ask him for it-1 did not. Replying to His Lordship, witnees said Did you bring that money to Mr. Ather that whenever Mr." Atherley sent in a chitley in banknotes -Yes; brought himated.
the money in banknotes. asking for so much money, he (witness) "was obliged to hand it over to him.
His Lordship: Was it the Company's money or your own, and Was it for the Company's purposes-All the money I put it to you that you were asked to which Mr. Atherley got from me was the loan the inoney and you subsequently dil It was not a loan from us at all Company's money and for the Company's It was the Company's money and paid Mr. Atherley for his wife's
ригровез.
rh
Was it a loan: If it were not, what was it then?-r. Atheriey's instructions were that all money collected was to he handed to him personally as he wanted the money for his wife's use.
over to
passage.
What did you think about giving $1,500 for Mrs. Atherley's passage! -Nothing at all.. "When the manager asked me to give him the money, bow could I refuse?
Did you ever think that his wife was a member of the Company - did not know,
יי
OFFICE PROCEDURE,”
Mr. Zeitlyn: I further suggest to you- that after such payments you came to Mr. Atherier with the counterfoil of the paying-in hook and with the receipted bills, and that the two items were added together, and the acknowledgment, ob tained from Mr. Atberley--I never did, *that.
He agreed that all the 1.0.L's were initialled by Mr. Atherley, and he some times appended his full signature.
THE AFTERNDON HEARING.
the amount was.
In view of the fact that the questica
of reinstatement of the strikers was not within their province to deal with, the delegates, after paying their return visit to the Strike Committee, returned to the Colony on January 2nd.
Speeches of the same purport were nisa made by other members of the delegation.
Our Chinese correspondent writes, with reference to this meeting
Mr. Li Yau Tsun spoke of the kind. reception received at the hands of the At the outset of the afternoon hearing Custon Government and the Strike Com- Mr. Jenkin informed His Lordship that mittee, but added that tre Strike Com- Show me any instructions from your he had brought another interpreter to mittee brought up questions other than Company that when the manager asked Court, who previously had had nothing strike pay and relief, which the dele
to do with the case. He would say some-gation had no power to discuss. you fer money, you have got to give it
thing about the other, man at today's to him!--I refer you to my agreemer.t.
Witness pointed to a clause in his agree-hearing, when he had seen hin. ment and contended it implied that.
Mr Zeitlyn: When you so advanced hiq money did he give you an 1.0t -- Sometimes he did, and sometimes he merely appended his initials to a chit, stating that he required so much money.
Counsel then stated that he would take witness through a list of monies paid by him for the Company's purposes, and with the Company's money. The list of accounts totalled over $3,000, and there were such items as ferry fares, cigarettes, newspaper advertisements, hotel bills, etc. Mr. Zeitlyn: These were perfohal bills of Mr.. Atherley's, and you paid them - Whatever bills are presented for pay inent, Mr. Atherley simply O.K.'s them, and we pay. I cannot say for what pur-tip. poses he wanted the money,
A BABY'S PRAIL
He could not remember whether $159.50 paid to Whiteaway. Laidlaw & Co. was for a baby's, prata. He disagreed that several of Mr. Atherley's personal ex- penses were paid by him by way of loan.
Mr. Zeitlyn: Every bill paid by you was 0.K'd. by Mr. Atherley, who thereby showed that he was responsible?-No matter what was paid out, we had to have an OK. from Mr. Atherley.
Replying to His Lordship, witness said that all those bills were OK'd. by accused,
MILK AND CHAMPAGNE.
Do you say that is an instruction to you to use the Company's money for his his champagne --He is the baby's milk
His Lordship: Do you say that this clause is authority for you to advance the ai money for his milk bill 1-It mins mean that.
Witness further stated that whenever he paid the top money, te debited him with it. His Lordship said that was sufficient, since witness regarded his taipan's instructions as definite.
INTERPRETER ORDERED OUT OF COURT.
At this stage Mr. Zeitlyn pointed out a. Chinese sitting near the Counsel for the prosecution, und said that he had seen him shake his hedd at witness.
His Lordship again remarked that he considered the behaviour of the other interpreter as a very serious matter.
Mr Zeitlyn continued his cross,examina. tion of the compradore.
Counsel asked if on April 1st, 162, Atherley had paid witness a cheque for $1.210.98, covering LOU's and a num her of O.K. bills; on April 11th a cash cheque for $2,000 whether on April 7th be had taken up OK bills amounting to $307.44; and had paid 92,910.49 by cbeque the came day; if he had repaid $1,636.10 on April 23rd; 81,27104 on April 25th $1.491.14 on April 26th, 22,006:49 on May 8th: 9819.72 on May 15th: $358.19 on the 25th; 8874.33 on the 30th; and 2631.75
on June 6th:
Questioned with regard to a convérade, tion between Mr. Kelly (President of Getz Bros.), Mr. Parkhurst and Mr. Atherley on October 21st, he said that he did not hear Mr. Parkhurst say to Mr. Atherley "What about this money which you owe?", but he had been told by Mr. Kelly that Mr. Atherley had stated that it was a personal matter between himself and Mr. Chau. Witness told Mr. Kelly that it was not se
Mr. Zeitlyn: I put it to you that you were there on that occasion and that Mr. Atherley told you to fetch the 1.O.Us. 1- That was not so. Mr. Atherley did not.
The conversation which took place was speak He only put his head down. of supreme interest, to you -No. Witness said that he could not remem
Then why should you prosecute him!- ber, but if the money was paid it was I did not do so. put into the Company's account. Neither
Further pressed, witness reiterated that could be say whether some of the cheques be did not hear : Atherlay tell Mr. were post-dated cheques, but he agreed Kelly that it was a personal matter. He Mr. Zeitlyn pointed out that in the bist
that he had sometimes paid post-dated left the room and went to his office to there were items for Mr. Atherley's rent.
cheques, two or three days ahead Fe
get the IO.US. and payments for milk from the Kowloon
also agreed that Atherley was entitled to When Mr. Zeitlyn suggested that when Dairy,
Do you know whether that milk was aution whereupon His Lordship" ordered draw on the office's account for certain witness returned from his office the purposes. because he was the taipan." 10.Da. were not there but that his
THE MEANING OF TAIPAN.
guarantor had them, witness replied that Mr. Zeitlyn: Mr. Chau, I suggest to he handed them to his guarantor the fol- you that is the stock answer for the pur lowing day. He did not hear. Mr. Ather- poses of this ease. It is not so, but beley say that the compradore would be
Mr. Jenkin said that he had not noticed it, but the man was Messrs. Wilkinson & Grist's interpreter.
His Lordship asked if anyone else had observed it, and Mr. Stainfield, a mem ber of the jury, said he had seen the
the man out of Court and intimated that for the Company, or for Mr. Atherley's if he saw anything of the kind in Court baby I do not know what he required again, he would send the person to prison the milk for. (Laughter.)
Counsel: The Company was in San for contempt of Court. Francisco, Mr. Chau-rather a long way.
ACCUSBO'S BANK BOOK.
to come for milk to Hongkong, was it Mr. Zeitlyn, continuing his cross-was the faipa
not 1 was referring to the Company in examination, asked witness if he ever Witness agreed that the petty expenses, Hongkong only
had custody of Mr. Atberley's paying-in the pay of the employees, and his own He agreed that the bill was in his bank-book. Witness replied in the acga- enlary was taken out of the Company's possession and when Mr. Atherley O.'d. five.
it he subsequently paid it. He also
י'
moniee...
Do you think it was a frank answer when you said that you did not "know
Tepaid.
Mr. Zeitlyn: Did you hear Mr. Kelly ask Mr. Alberley if he would hand over two months salary due to him and also some earned commission to the compra- dore an act of good faith -No.
Did Mr. Kelly draft out the assignment
agreed that he had paid bills to the kept by a member of his department whether you were entitled to draw on of Mr. Atherley's salary and commission?
Pharmacy, but he had forgotten, what the items were.
There is payment of a bill of $185 to Lane, Crawford, Ltd-1--I forget..
Would you remember if I told you that it was for à present for Mrs. Atherley
I do not know.
When Counsel referred to another Com- pany, witness said that he knew they made ladies dresses, but he did not know whether the account was Mrs. Atherley's, Counsel. There is a bill paid to Donelley & Whyte Do you know whether that was for milk, M. Chauf-I only know that they sell wine.
You knew that it was for champagne supplied to Mr. Atherley I knew that it was for wine,
થી પર
He could not remember whether three bills paid to the Wing On Co. were for groceries supplied to the Atherley family
When Counsel suggested that it was
witness said that he had seldom seen it.
Further interrogated, he said that that account or not?-I only know that ho was not employed by Getz Bros. now. Mr. Atherley was the nipon, and had A new Company called the Getz South to obey his instructions. China, Ltd, were carrying on business Mr. Zeitlyn: It seems to me Mr. Chan, at the same premises, and he was work that the word taipan is like the blessed
word Mesopotamia. ing in the offices of that Company.
Mr. Zeitlyn: I put it to you, Mr. Chau that Mr. Atherley's paying-in book is in your custody, and I ask you to produce
it We have not got it. +
When you made payments into Mr. Atherley's banking account, did you not enter it up yourself, or instruct one of your clerks to do so?-Personally, I have never written in it, neither do I know whether 'any of my clerks did so.
4
His Lordship I take it that the word tipan is well known in business, and the jury will know that all employees he his instructions..
Mr. Jenkin rose and explained the word. Mr. Zeitlyn: Oh yes, I have heard the word mentioned.
Mr. Zeitlyn then handed witness Ze- ceipt and asked if it was a receipt which had been presented to Mr. Atherley, and which he had signed. Witness said that his cashier had handed the receipt to
(Continued on next column.
His Lordship, Had you as a matter of fact ever made any payments into accused's banking account yourself - Mr. Atherley. personally never did so.
did not see it.
In reply to further questions, witress said he did not see Mr. Atherley sign the assignment. Witness admitted that, he asked Mr. Atherley about the money which he owed him and that Mfr. Atterley said that he had made arrangements for repaying him.
At this stage, Mr. Zeitlyn said that he had had a very tiring day and asked His Lordship if he would adjourn the Court.
your cross-examination so as to save this His Lordship: I suggest that you limit
jury's time.
Mr. Zeitlyn My conclusion will not be long
His Lordship: I was brought up a Presbyterian Mr. Zeltlyn, and I know that that “in conclusion" means at the end of a sermon
The hearing will be continued to-day.
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