Correct Dress
THE HONGKONG DAILY FRESS,
Wear.
Occasions which call for the wearing of Dress clothes are times when a
manwould look at his best, and, in... the knowledge that each detall of. his dress is incontestably correct.
We shall welcome the opportunity of "showing you the new and approved
styles for present wear.
May we have the privilege ?
Mackintosh
& Co. LTD.
MEN'S WEAR
SPECIALISTS,
Alexandra Bay! Hong Kong Des Voeux Rodą.
DAIRY FARM NEWS
FINEST MACAO LOBSTERS
COOKED AND READY FOR THE TABLE.
50 Cents
per lb.
MACAO
60 Cents
SOLES.
per lb.
THE DAIRY FARM, IGE & "GOLD STORAGE CO., LTD.
WINTRY DAYS
OUTSIDE, AND INSIDE THE GLOW OF A CHEERFUL ROOM.
your
worries.
A room with a glowing Gas fire, where it is a luxury merely to- lounge
in favourite chair and forget all
your No bother about coal, no sulky fire that has to be coaxed, no dirt. Nothing to do but turn a tap and strike a match in other words
COMFORT ON TAP.
Therefore,
INSTAL GAS Now
AND
THE ATHERLEY TRIAL.
ACCUSED IN "THE WITNESS-BOX.
SEARCHING CROSS-EXAMINATION BY MR JENKIN.
'The
Case
TUESDAY, JANUARY 12TH, 1926
ATHERLEY'S EVIDENCE. Accused in the witness-box, replying to his Counså, "said that the first time he contracted for loans from the compra dore department was in November 1923 in which James Edward when Mrs. Atherley arrived from U.S.A. Atherley, former, manager
He asked the compradore for a loan of in Hongkong of Messrs. Gatz Brothers (of the Orient),1,000 to enable him to furnish a fat which he had taken at Kowloon. At the Ltd., is charged with fraudulent conver
same time he told the compradore that sions of four sums totaling $3,275 was continued yesterday at the Criminal his bills, would be higher, and asked hin to pay bis (Atherley's) personal bills and Sessions.
the money would be refunded to him from time to time. The compradore agree to do so. When the loan of $1,000 was given, an acknowledgment was made up in the compradore department and brought to him for his signature. It was
Replying to Mr. Zeitlyn, he said that he did not visit the offices of Gets Bros. from the 21st to the 23rd of October, the day of his arrest, and that his papers, amongst which was his paying-in bank book, had been left there. He had not seen this book since. Replying" tou further question he said that none of the acknowledgments when he signed them bore the stamp of the Company,
UK JENKIN'S CROSS-EXAMINATIONS
A
HONGKONG'S VISITORS,
HOW
THE RUSSIAN OPERA CO.
WAS FORMED.
Of the many forms of relaxation' for. the tired mind, there are few to equal the of light music. We in Hongkong
need a relaxation badly, and it is there- fore a matter for congratulation that we are to welcome very shortly, what is described us one of the most highly train- Replying to Mr. Jenkin, accused saided Light Opera Companies that has ever that it was correct that cheques drawn visited us. by him ou various occasions were drawn The Russian Imperial Light Opera to cover some 1.0.U.'s, plus some C.K'd. Company is dus here on Saturday next- bills. He agreed that he had asked ther an all too brief visit of three days, daring which time they are to preform the ever-green old favourities; Gipsy Love," The Merry Widow" and "The Dollar Princess."
Detective Sub Inspector "Fallon who charged the accused, was the last witness for the prosecution. He said that on December 7th he read out four charges supplementary to the ones given, and a typewritten document, on the Com compradore for a loan of $3,000 for the accused said: "I reserve my statement."pany's form, but it did not have the Com-Stock Exchange in March 1924. Asked pany's stamp. That was the only loan he had from the compradore in 1892.
Mr. Zeitlyn: Did any acknowledgment which you anve the compradore have the rubber stamp of the Company 7-No, never
COUNSEL SUBMITS NO CASE -
MADE OUT.
Mr. Elsley Zeitlyn (Counsel for the defence) addressed the Court at length. The accused, he said, was charged an
MONEY FOR THE RACES.
what had become of the returned cheques. accused said that he had destroyed the cheques for March, 1924, but those for the last two months were at the office. On April 1st he drew a cheque for $1.213.20, and said that it was to cover LO.C.'s and O.K'd. bills. Asked whether to him, he replied in the negative.
There are few Operatic Schools in the world which have such a famous a as that of the Imperial School of Opera at Moscow, and practically every Member portals
four specific dates with receiving for and further money transactions with the com. he had kept account of the money lear of this Company has passed through its
on behalf of his employers certain sums of money which he fraudulently converted to his own use. After pointing out that specific sums were paid back by accused to the compradore, Counsel submitted that, in this case, the question of fraudu
lent 'conversion was an inference of law.
The Chief Justice said that the case was one involving the question of fraudulens conversion.
Counsel cited a case from the Times Law Reports, in suppert of his contention that to prove fraudulent conversion, there must be evidence that the owner had been permanently deprived of his property.
Continuing. Atherley said that he had pradere in 1923. The first loan was during the June Race Meeting, when he asked the compradore for $200 or $250. The money was given to him and he signed an acknowledgment. During the year he had further miscellaneous loans. sometimes semi-monthly and sometimes
He paid back lanna on his personal bills
monthly.
„STOCK EXCHANGE VESTURES. During the same year, 1923, he said, that he became interested in the Share Market and had one or two minor kesses, about $200. His personal bills had at this time also somewhat accumulated.
rb.
It is of interest now to record how the REMARKABLE COINCIDENCES."
Company came to be formed. Before the Counsel: Does it not strike you as a Revolution nearly all the Members of remarkable coincidence that that $1,913.13 the Company ware playing in Russin, was the exact sur received from the and most of us know to what a high Bluebird and the Ching Shan Chan nestandard Operatic Art had attained in count? Yes, it occurs to me now; it is Russia in the Old days. Then canis the Revolution, and most of the Members He agreed that the sums from the Blue drifted across the border into Siberin bird and Ching Shan Chan totalled where there na more safety from the $1,2319. He also agreed that a cheque Reds. As the influence of the Reds ex- for that amount was paid into the Com-tended East, so did the Whites travel pany's account. He had given the com- pradore a cheque for that amount on the
a coincidence.
same day.
And you say that the fact that your cheque and those amounts are exactly equal was a coincidence -Yes.
East, until they found only Vladivostok open to theat. Finally that place went Red and after a more or less brief. sojourn at Harbin, Tientsin or elec where, most of the present company found. themselves at Shanghai.
His Lordship said that in the present bought had had a serious decline. It was th. Accused said that it was also for scene. Who that has been in the East
case there was evidence of intention deprive Getz Bros. of cheques. ·
to
1/
Counsel submitted that there was no case Day, and asked him if he would be good newspapers. Counsel asked whether he Ladow, being in his way as great a judge
4
11.
for the jury,
flix Lordship held that monies alleged to have belonged to Getz Bros. were dealt with by accused as if they were his own.
ATHERLEY'S CAREER. ̧·
He told the compradore of his ventures on the Stock Marwet in March 1924, 'when he informed bin that he (Atherley) was going to be very badly hit in. the arch Settlement because the shares he had then that he told the compradore that he would require "somewhere in the neigh bourhood of $5,000 for March Settlement enough to loan him a portion of it. He told him that he needed from $9,000 to $3,000 and that he needed it not inter than March Settlement Day. He showed the compradore at the same time that he had other dealings forward in the share market, and that profits would come to him. They never materialised, because he waited too long before selling. When the compradore banded him an amount for Settlement Day, he was also naked to pay off some personal bills which had accumulated. For that reason the com. pradore deposited a sum of money to his banking account which was at the International Bank. Prior to March, 1924, the bad a banking neront in the Asia Banking Corporation, which was in in 1929. This hank closed, and he there existence, when he arrived in the Colony
Counsel: The compradore applied your cheque to the newspaper draft-Yes.
Referred to a cheque for April 7th ler 307.14, and the sanin amount received from Sui Yick, accused said that he con- sidered that alep a coincidence.
THE AFTERNOON HEARING. Mr. Jenkin continued his eross-examina- tion in the afternoon.
Replying to further questions, accured said that the cheques he had drawn in represented loans from the compra- dore. He did not know where the money which the compradore had advanced. bint
Turning to the Jury, Counsel said he had thought it right to submit to His Lordship that there was no case to go to them, but His Lordship had deided other wise, and he was glad of that for the reason that it was of the utmost import ance to Mr. Atherley that the case, having been investigated as thoroughly as it had been, should have a decision from them that there was nothing in his conduct that should call from his fellow human fore transferred his account to the Inter- beings the censure which would undoubt-national Bank.
Dealing with the acknowledgments he edly follow if he were found guilty of the said that these were brought to him by charges alleged against him. Atherley, the compradore or the cashier, and the Counsel went to to Bay, was 40 years of appended his initials and sametimes his it not come as a surprise to you —No,
age, and commenced business at the age of 14. For eleven years--1908 to 1980-he was secretary to the Toyo Kisen Kaisha. He had also been the American head of the Asano Kisen Kaisha, and in that capacity had under bis control sums of money ranging from one to ten million
dollars. Throughout his commercial career, neither his probity nor respect ability had ever been questioned.
initials and surname. When the acknow ledgment was presented to him, the com- pradore would also show him his paying. in book together with bills paid on his account. It was sometimes done on the same day as the bills were paid. and sometimes a few days later.
The next cheque, which Counsel referred
Now another character appears on the to was one for $1,873.08 drawn on April 1.0.0's and O.K'd. bills. He agreed any time at all but has heard of Louis that the same amount was recorded in Lactow.one of the best-known of Shang the cash book as having been paid for har's, many well-known characters. Louis considered that also as a coincidenec, and of what would catch the public fancy as accused said that he was of opinion that George Edwardes, of Daly fame, wax the compradore had wrongly applied it in his, at once saw the possibility of taking advantage of the fact that Shang- to the newspaper draft.
hai had become the home of several in dividuals of outstanding merit in the operatic line. He thereupon set out to find someone who excelled in both stage craft and musical direction. Here his luck stood him in good stead as he hal not gone far before he came across M. Bakaleinikoff. Now My Bakaleinikoff is a well-known personality, throughout -Russia and Siberia. For over filtzen years he has been connected with what is known as a Circuit in both countries. Like every other White Russian, he had to flee before the onward surgo of the Red: menace, and a story of his adven- tures, as related to the writer, would make a series of articles in itself. Lonis Ladow and M. Bakaleiniko bo- tween them, combed. Shanghai with a to for them, and os a consequence of the fine comb. Nothing but the best would methods adopted in the formation of the Company, we shall be privileged to see this week a Company that it would be hard to equal in any part of the world.
singing and dancing win, such old They are all consummate artista and their favourites as they are showing is likely to take Hongkong by storm. As regards the Balles, consisting of Thirty: All-Star Artists, wo venture to predict that it will be many a day before Hongkong forgets the magnificent spectacle that will be presented of some of the most gorgeous dresses ever seen on a Hongkong stage got to mention anything about their charming and attractive wearers- Communicated.
had come from 1
Counsel: What would "you say that the cheques drawn by you were for-In hquidation of my obligations to the com pradore and O.K. bills.
From March 24th to April 28th, $21,000 was paid into your private account. Does
1 knew that money had been deposited.
Did you know it at the time 7-Yes, And do you repeat that the compradore
had no idea where it came from-Yes. gave it to you, and that otherwise you The total for your salary was only 8873 and $21,000 had found its way into your account-On March 28th. I had $1,000 from Mr. Mau Fung.
the Company at the time-Yes.
M.Mau Fung was heavily indebted to
Are there any more items which will help you to make up, the amount?-I can
not remember the amounts.
I take it there were no other sources
TAXING CHARGE OF THE DRAFTS Continuing, he said that when Joseph, & book-keeper, left in 1023 he personally took over the presenting of the retire ment drafts at the bank. He also covered the exchange. At the same time the deposit slips were made up in the compradore department. Such deposit slips were never used by him for the--Perhaps there were from share brokers; purpose of deducting from it monies which from Mr. Carroll personally. had been paid back to the compradore.
Replying to Mr. Zeitlyn, he said that a sum of 81,641, which was one of the specific charges. had never been received by him on behalf of the Company or his employers,
Continuing he said he knew in the latter part of 1924, that Getz Bros. were terminating business in Hongkong. His contract expired in July 1925.
- NEVER DENIED IT.
Did you keep a statement of your deal, ings with stockbrokers 7-Yes; I produce'
list of Carroll Bros. showing my in- debtedness to them.
RAISING A FUND.
Take the cheque for 84,335.15 for April lat. You had it from the compradore in request for a loan 2-Yes.
You were accumulating a fund since. you anticipated debts on the Stock Ex- change Yes
Will you take it from me that the total amount' entered for April in your account was approximately $15,000-Yes.
STOCK EXCHANGE 1098ES."); After his arrival in Hongkong to take up bis post with Getz Brothers, 'Counsel said, a pressing circumstance the sadden arrival of his wife-led the accused to ask for a loan of $1,000 from the compradore
Will it show that you received money for household expenses, and this sum and
trom them No it will not show that." subsequent other personal loans were
Sball we allow that the money you This is a cheque for April 3rd for given by the compradore, which were
could have received from brokers would 8910.79. You did not know where it came always acknowledged and, on the com-
not total inore than $1,000 —I should say from and the suure answer applies to all that would he approximately correct. questions dealing with these cheques -- pradore's part, were duly noted by him
And is that all There might be a com. That is so, * or by somebody in his department on slips
mission of 840 gold, making $100 Mexican. of paper which were either initialled or He admitted that he owed the com-
Your salary was $873.70, you had 81,000 signed by the accused. That went on to pradore sums of money, and had never from brokers, and $100 commission. That March, 1924, and during that period Mr. denied it. The last conversation he had
is all your total from outside :sources, Atherley paid back sums of money to the with him was in October 1325, shortly There remains over 19,000 paid into your compradore. He ran up these loans, until after the arrival of Mr. Keily, vice account by the compradore, and you say they had amounted to something like president of the Company, and Mr. Park that you have no idea where it came This $15,000 was paid into your account $3,000. In March, 1994, Mr. Atherley, aurat, general. manager for Chiga. The from 1-After receiving the loan of $4,000 to establish a fund out of which possible like those better than himself, made some conversation was private, and the com- odd for the March Settlement this 84,000 indebtedness might be paid-Yes ventures on the Stock Exchange, and was pradore asked him about the money he represented a margin which I had pre. Then why did you pay out cheques And he want to the com- owed him. He replied that he was enter viously arranged with Ellis and Co. by totalling over $14,000 to the compradore pradore, told him that be had lost. sameing into business on his own account on which they would carry certain shares during April -Because I needed thing like $5,000, and asked for a personal the termination of the Company in Hong which I had contracted the same day, and funds, I paid it back to the compradore. loan of $3,000. The compradore said kong, and he was arranging with friends it was necessary for me to arrange for
All right," and Atherley said: "I will to get a loan, and the money would be further loans to meet further losses at a ing --I was establishing my credit with Your possible indebtedness was vary see when I can pay." The monies were paid back to him. A few days later the later day on this particular share transac the compradore. I also showed him my faid 'into the accused's banking account; compradore again approached him and tion. they never touched his hands with the asked him about the money, and he re-
accounts at the time with the share exception of small sums of money-pocket plied that he had a fair prospect of secur
Replying to another question, accuseil brokers, and he fully knew my position. money Mr. Atherley said-paid, to himing it
said the brokers had arranged to entry Further questioned as to why he should He then told me," added his Cements short to June, on the under received loans on one day and repay by for office personal expenses.
immediately, he would have to turn my to call on him prior to June for further cused said that they were probably post- accased, that if I did not pay the money standing that they would possibly have cheque another loan on the same day, no acknowledgments in as cash against the margins. His losses had been something dated cheques. He, bowever, agreed that Company's account. I told him that my like 80,000. He went on to explain at certain repayments could not have been acknowledgments were personal, and that they could not be credited on the Com-Cength, how he had, lost in selling his by post-dated cheques que for 1914
ENSURE YOUR COMFORT.imself hit
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GENERAL
FACCIDENT FIRE & LIFE
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His Lordship said he understood that cheques which were paid into the Com- pany's account, were paid into Mr. Ather ley's banking account.
pany's account as easb." *
$18,000 IN LOANS.
..
Do
Counsel: Not one single cheque was handed to Mn Atherley. All money was
short. He again told Counzel Referred to a $1,421.14 paid into Mr. Atherley's account.
that the sum of $21,000 found its way into | drawn by bim a day after a like amonut Referring to what his learned friend
his account following upon requests he had been collected, he said that it must had described as the significant date of Dealing with the conversation between had made for loan from the compradore, have been a coincidence. He also held March 24th, Mr. Zeitlyn said that all the Mr. Kelly. Mr. Parkhurst, himself and He had made inmerous requests to the that the items which amounted to a radical change referred to was in the the comprature, at the offices of Getz compradore for loans during the thirty similar sum for, which he had issued a system of banking, and in this connection Bros. on October 21st, accused and that days in question.
cheque the same day, were not the whole Counsel: Would it be fair to suggest collections for that day, and the com they had it recorded by the compradore Mr. Kelly had asked him about the money himself, for his own personal reference, which he owed. He replied that he did that the majority of payments into your pradore must have enumerated the that sums of money on this and sub-we the compradore about $18,000, but account reaulted from your requests to amounts to tally with his cheque sequent dates, received on the sale of it was a personal matter. between the the compradore fo advance loans I-Yes, -Counsel This is your cxplanation: ta newspapers, wore handed to the manager compradore and himself. Mr. Kelly then
You staved off Ellis and Co., for at day because I am drawing your attention to be paid into the bank on another day, alleged that he had signed for the money least a month by virtue of a loan? Yes, to these very curious incidents now?--I Since Atherley's arrest he had left every of the Company and he denied it, and by arrangement
Sventure that suggestion, enf thing as it was in the office and there had asked that the acknowledgments should Look at the item for $447.68 naid.into, Could the comnyadors do that with been no attempt to secret anything he produced The compradore said that your account, -What did you want that the collections of April 25th, because Mr. Atherley Counsel said, had asked they were in the possession of one of his money for I knew I had further ac- Four cheque tallies with the entries 1 the compradore to make advances, and guarantors. Mr. Kelly then asked him counts to meet
Your cheque was drawn up next day -- bis case was that if the compradore used to sign over two months' salary, and some,
That is a coincidence. the Company's money the compradore commission which was due to him, and was responsible to the Company for it.
he did no.
Had you any idea where it came from?
No
(Continued on next column.)
At this stage the bearing was adjourned until to-day.