Page
THE ATHERLEY TRIAL. SENTENCE OF TWO YEARS' HARD LABOUR.
.}
AMOUNTS TRACED.
THE HONGKONG DAILY PRESS, MONDAY, JANUARY 18TH, 1926
"Continuing. His Lordship said, "that the evidence which the prosecution bad put before them bad been strongly corrobor- JUDGE ON PRISONER'S FITIABLE ated. In the course of the case for the
CASE.
The trial of James Edward Atherley, former manager in Hongkong of Messrs. Getz Bros. (of the Orient), Ltd., who was charged with fraudulent conversion
prosecution it had been shown charly that were in the hands of accused. It was the amounts mentioned in the indictment pointed out that these amounts could be
KUOMINTANG CONGRESS ENDED.
[FROM OUR CHINESE CORRESPONDENT. ] The second national conference the
of Kuomintang left wing in Canton, which had been in, session in Canton since
gates and many local members of the January 1st, with some 14 outside dale
Kuomintang holding proxies thus provid-
ינג
PONIES FOR SALE. AUCTION AT JOCKEY CLUB STABLES TO-DAY.
MORE DERBY GRIFFINS.
· [BY ARGUS.]
At the Jockey Club Stables, at 6.13 this evening, there will be offered for
traced through his account, and repaying for a memship of nearly 200, closed safe by auction the following ponies: of four sums, totalling 82,275, belonging|tioned in the four counts of the indict.
ments in respect of these. amounts, men- its meetings yesterday.
Uncle Chick Clate Golden Chrysanthe- to his employers, was concluded, before ment, could be traced as having been session included approval of late Dr.reoch) and Uncle Albert (late The The resolutions passed during the mum), Uncle Gusengel (late "Auchen- Sir Henry Gollan, the Chief Justice at repaid into the Company's account. the Criminal Sessioas on Saturday. The
Sun Yat Sen's co-operation with the Wasp). The ponies are the property of Soviets, re-confirmation of Kuomintang the estate of the late Mr. H. H. Tayler, jury after fifty minutes' absence "returned
attitude of friendship with Russia, don-who raced under the name of Mr. with an unanimous verdict of guilty on
demnation of Japanese military invasion Relyon." all four indictments, and prisoner was
of Manchuria, support to workers' hoy- sentenced to twelve months' hard labour.
cotting Hongkong, demands for early ponies ran in the colours of Mr. A. A. Up till a few meetings ago, these on the first, six months' hard labour on
abolition of unequal treaties and for the Alves and were all fairly consistent per each of the second and third, these sen
convocation of a national conference of formers, tences to run consecutively, and a farther
people's delegates in Peking. "Among the six months' hard labour on the fourth
delegates was Mrs. Sun Yat Sen, widow chirge, this sentence to run concurrently.
of the chief of the Party.
TEN DAYS' TRIAL.
The trial had lasted ten days, which is probably the record length of time for a erintinal case in Hongkong. For the second time for many years in the annals of the Hongkong Law Courts. the case wasscontinued on a Saturday afternoon.
AN ** UNFORTUNATE ** PROCEDIRE
A WOMAN NOVELIST'S
'S LICENCE. It had been suggested that they were coincidences. They must ask themselves could they be regarded as coincidentes. You will know," added His Lordship, "that a lady novelist usually uses a coin- cidence as a denouement for her story, but it would need rather a remarkable novelist to extend the long arm of coin cidence to the extent to which it has had for you." gone in this case. However it is a matter
41
TRE DEFENCE
Dealing with the defence, his Lordship sald that their ease was that the monies were advances made by the compradore to Atherley, who did not know that they were the Company's monies. He held that it was solely a transaction between the compradore and himself. But when all the remarkable resemblances in the accounts were shown his answer was that thes were coincidences, and persisted that the transaction was between the com
At the outset of the hearing. His Lord ship said that both Counsel for the pro- secution and Counsel for the defence had stated that accused had had more than ane previous opportunity of making an answer to the charge, and had not availed himself of the opportunity. Mr. Zeitlyn had protested that it was a matter for the accused and his solicitors. He fully pradore and himself. agreed with Mr. Zeitlyn, but he felt that! man like the necased did not always Continuing, is Lordship said that he recognise the advantage of a statement was sure thas in view of the seriousness made by an accused person at the earliest of the ense which they had to decide.
pportunity. II. when a person WILS charged, he made
they would take all possible care to go statement, ank! if that defence were also adopted at the to the evidence giver on both sides, trial, then his statements in the witness they believed the story of the prosecu box would be argued as statements to letion substantially, and if they did not believed..
Is could be then argued that the de. Faccept the explanations of accused in any fence had been consistent all along, way, then they must give a verdict cause he would have stated at the very first opportunity what his defence was going to be. Had the accused in the present case made the statement which he made in the witness-hox, when he had been first charged, it would be seen how greatly strengthened his defence would have been. It was unfortunate that a statement was not made at once, because any defence. pus up afterwards would have been greatly strengthened hy a clear statement of what the defence was at the first available opportunity.
*MONEY TO CAMELE.
ų
flis Lordship then dealt with the legal construction which had to be placed uni the charges. The jury would have to be satisfied that payment of the amounts mentioned had been made to plaintiff. It was common between the parties that the money had been received. Acensed disputed that the money belonged to Getz Bros. The compradore and cashier in evidence, stated that they were known to be monies belonging to Getz Bros. Fur 1hermore, the prosecution had produced a document which showed the exact pro cedure by which the paymenta were made.
་
edrdingly. Or the other hand, if they believed the evidence of accused, if they had any reasonable doubt in their minus on one, or on all the charges brought against hin, then the verdict must go in hits favour But the doubt must be a reasonable one. They would take each or the courts and give the verdict on then singly.
This concluded His Lordship's sumning
Mr. Zeitlyn" asked that all the docu- ments produced should not be forgotten.
His Lordship replied that all the ex- hibits would he put before the jury.
up.
MR. JENKIN 2 LAMP.
Mr. Jenkin rose and taid that if the
4
i
jury wished to examine the examples which Atherley had given of his siggature, he had a very powerful lamp which ho | could give them. for the purpose. It was however necessary to have a very strong light and us there was no plug in the library, they would, if they needed it, have to go to another room.
His Lordship said that if the jury ex-
WHAMPOA PORT DEVELOPMENT
{FROM OUR CHINESE CORRESPONDENT.]
The Whampoa Development Association at Canton was inaugurated at the Eduen tional Association Building, Eau-yao-fong, on January 14th, some 300 persons attend ing. The Chinese National Labour Union, purporting to represent workers all over China, and 14 other organisations, were said to have signified their willingness each to nominate a representative to form the_excentive" committee of the associa tin.
OFFICIAL APPOINTMENTS. His Excellency the Governor has made. the following appointments :---
Mr. E. R. Hallifax, C.M.G., C.B.E, to net as Colonial Secretary,
for Chinese Affairs and Registrar of Mr. D. W. Tratman to act as Secretary Marriagesi
**
Mr. D. W. Tratnian to be a Member of the Excentive and Legislative Councils. Colonial Treasurer and Assessor of Rates. Mr. J. S. McLaren to be Assistant
Mr. Wong Kwong Tin to be a member of the Sanitary Board for a further term of three years.
RUSSIAN LIGHT OPERA CO.
BRIGHT ENTERTAINMENT AT THE
THEATRE ROYAL.
!1
started us a grifin at Kiangwan in Uncle Chick is a bay 12.2 and since he
February, 1923, he has taken part in 47 races, with the following result:-
First on 8 occasions, Second on & occasions. Third on 11 occasions. Unplaced on 20 occasions.
His best performance was in the Jane Handicap "A" Class, on June 1st last. when, with 135 lbs. in the saddle, "he defeated Saligia (160be). The time for the miles was 2.4.-5.
Uncle Albert (chemüt 13.1), on May 2nd. won the Commonwealth Handicap (8 furlongs) in 1.31.4-6, carrying 147 lbs. (11b. in excess of the weight allotted by the handicapper). At his best, this gelding is more than useful, but he will need a long rest and veterinary treat- ment first,
Uncle Gusengel (dud 13.1), commenced his career here in flattering fashion at the annual meeting last. February; but he has not yet 'won a race. His best
longs, 55 yards) when Grey Knight beat effort was in the American Cup (7) fur-
him by 1 lengths, on February 13th.
There should, at any rate, be spirited
especially among Officers requiring a bidding for Uncle Chick this evening.
candidate for the United Services Cup, to be decided on March 3rd. This peny has shown he can carry weight, and under the conditions for the Cup, he will get in at 2 lbs. over weight for inches,
MORE DERBY GRIFFINS.
The sa Chiang which left Shanghai on Saturday, has on board three more Derby Griffins for the H.K.J.C. mual
meeting.
The Russian Imperial Light Opera company scored a distinct success at the Theatre Royal on Saturday evening. Hongkong is, and always has been, very of Mr. B. D. "F. Beith and the third Two, are being shipped to the order partial to light opera and our theatre Has been purchased by Mr. Percy going public were intrigued to see, and Tester. It is possible that the two first- lear, something of these graduates of the named will run under the joint owner- Imperial School of Open at Moscow who nothing definite on this point was ob ship of Messrs. Dyer and Beith, but
The jury would also have to be satisfied/ressed a desire to use it, they could came to us with such high encomiumstainable last evening....
that there had been fraudulent conversion of the monies. They could only decide that from the evidence. If they found that accused, knowing that the monies belonged to Getz Bros., applied then to his own purposes, and did so without the knowledge of Getz Brça, then there would be strong evidence that the monies had beer fraudulently converted to his own purposes. It had been admitted that the monies were used to enable the accused to gamble, and if such a position hecame general, it would be very hard on em ployers for they would get no profit on the money which had been used even if the employee won, and they were almost The certain to lose if an employee lost. law on the, matter was quite simple; it was the question of fact which was con- fused and contradictory....
..
PATIENCE AND ENDURANCE,
FOREMAN'S QUESTION.
:
Saturday by the ss. Empress of Austrai lin, and was present on the race-course yesterday morning to see Mr. Dynasty'a string at work.
from their own eficient band of Press MR. F. B. MARSHALL HERE. Before retiring. Mr. E. A Sinon, the agents. Perhaps there was a little
Mr. F. B. Marshall arrived. here on foreman of the jury, asked His Lordship scepticism regarding some of the more. if their verdict would have to be un-i
flattering testimonials showered" upon animous.
His Lordship: 1 would rather not tell them in advance, but the Colony's in- terest was aroused and it decided to The jury retired at 425 p.m. The six | jurymen were: Mr E. A. Simon (fore judge for itself, The result was a packed an), Messrs. Maurice Minney, H. Thouse, and the audience were more than Stainfield, A. S. da Roza, Sheik Juman, satisfied with the entertainment provided.
you that,
and Sam blan Yan. The former foreman, Mr. P... N. da Silva, had been dis- charged on Thursday, owing to illness,
The jury returned at 5.15 p.m. having been absent for nearly an hour, and the foreman announced that they were und animous in their verdict, that accused was guilty on each of the four counts.
A PITIABLE CASE."
In the
ALLEGED "SQUEEZE.”"
INDIAN CONSTABLE CHARGED WITH TAKING 'BRIBE.
An Indian constable appeared before Mr. B. E. Lindsell at the "Central Magis- tracey on Saturday, charged with taking a. bribe from the driver of a motor-car.
circumstances the question. whether all the members of the cast are operatic stars of the frat magnitude,*, 8 it was suggested they were, need not be discussed. They provided a cheery
They sang well. evening's amusement. They danced well, and we sincerely trust that they spoke well. On that subject, however, we are not qualified to express Mr. T. H. King (Director of Criminal FOUR HOURS' READINO,
an opinion. To follow the plot of a Intelligence) prosecuted, and said defen- Owing to the several intricacies of the His Lordship addressing prisoner said: musical comedy in English is difficult dant stopped a car near the Hongkong case, His Lordship had earlier in the week James Edward Atherley, og have heen enough. To pick up the threads of the Hotel on Wednesday, and told the driver intimated that at the conclusion of the found guilty on each of the four counts story in Russian is a task calculated to that his rear light was bad. The driver, trial, he would read all the evidence of the indictment with which you have daunt even the stoutest hearted. All that maintained that his light was all right, through. At il a.m. he began reading the been charged, and I can only say that we can say is that there was plenty of and defendant said he would take out a voluminous notes and concluded at 4.251 am fully in accord with the Jury's ver- volume, and that the leading gentleman, summone. Defendant shortly afterwards p.in, having taken nearly four hours in dict. I do not see what other verdict who was playing the part of the stage again stopped this car, dad told the doing so, allowing for the tiffin interval. they could have given on the evidence. lover, weighed, at a rough estimate, six-driver that be would not take out the Yours is a pitiable care, but not an un- teen stone, and had a voice entirely in summons if he handed over 84. The known one, not an uncommon one. You keeping with his rotundity.
driver did not have any money with him, His Lordship's summing up was brief.were betrayed into living extravagantly, The brightest part of a bright enter. but it was agreed that they should meet He informed the jury that all the exhibits and then, in your endeavour to recover tainment was the dancing in the second next day, when the money would be paid. to which reference had been made would yourself, speculated with the monies of act, and particularly, the eccentric danc The driver reported the matter to the be put before, them. He was sure that your employers, and so find yourself in ing of one of the male members of the Police, and he was given four marked 81 their patience had been considerably tried the position you are to-day
chorus. He was a splendid athlete and notes: The Police kept watch and saw in listening to all that repetition of what I do not desire in any way to add to his prowess took the house by storm.the driver and defendant meet, and bad been said, but he would assure them the pain of your position, but I must The loud and insistent demands for a though the actual transfer of the money that his endurance had been no less taxed remind you, that you were in a position encure which came from every part of was not seen, a detective, would give in reading it to them. He had thought of great responsibility, and you failed the building demonstrated the apprecis evidence concerning this. it was only fair to do so, so as to refresh those who put their trust in you. You tion felt for & wonderfully good perform The case was adjourned until Wednes their minds. There had been a large bave persisted to the end in denying the ante. The lady members of the chorus day, bai! being fixed at $800. number of facts given, some relevant, charges brought against you, and I can- were sprightly and pleasing to look upon. and others irrelevant to the case, and it not but take a very serious view of the It was a pity there were not more of was, just us well that they should have matter.
them. The only blemish in the produc RAINFALL AND TEMPERATURES. On the first indiciment you will be tion of which notice may be taken was everything necessary in their, minds be fore coming to a decision on the very sentenced to one year with hard labour, the lack of an orchestra. M. Sergei Guy, serious charges which it devolved on them on the second to imprisonment of six of the plane, if it was hf. Sergei Guy to decide. As a matter of fact, the case months' hard labour, on the third to im was probably doing his best but for a was really a simple one, and he would prisonment of six months' hard labour; put it before them in its simplest form, and on the fourth to six months' hard but they would have to keep in mind, labour. The first three sentences will relevant and documentary evidence put run consecutively, and the fourth sentence before them.
concurrently.
سین
THE PROSECUTION,
comedy which depends to a large extent upon music for its success, he wanted more assistance than two violinists could provide.
December the average mean temperature Observatory, returns show that during was 62.9. The maximum temperature 0.76.3 on the 1st, and the lowest minimum was 46.8 on the 30th. There were, 182.9 bours of sunshine whilst the. It is difficult to place the members of rainfall was 0.225 inches. The average Atherley heard the sentence without the cast in their proper rôles but those humidity was 58. trace of emotion, and passed from the taking part were: Natuli Bochagova, The rainfall for the month at the The case for the prosecution was that dock calmly, in the custody of two Mary Insarova, Vladimir Darrow, Botanical Gardens wre oin. .29 on 3 days, Mr. Athericy on March 24th, 1924, had warders..
Bakaleiniko, Leon Yanushev, Tonin at the Matilda Hospital, Mount Koljett, got into serious financial difficulties, and During the afternoon there were ap- Mazet and Ivan Lantzoff. The Company it was gin. 38 on á days, and at the ordered the compradore to pay the Comproximately a hundred persons in court, is under the direction of M. Bakaleinikoff Police Station, Taipo, it was Din. 28 on pany', monies to bim, and in consequence including a large number of Europeans and is organised by the Shanghai Thea-3 days. PART "of this, he took the monies belonging to On behalf of the Attorney-General, trical Enterprises of which Mr. L. Ladow The lowest reading of the barometer.
the Company, placed them in his own Mr. Jenkin handed in a holle prosegui the Managing Director
(M.S.L.) was "20ina „008 až 15h on; account, and used them for his own pur. on another indictment containing forty-
Yesterday (Sunday) the Company gave the 15th poson. The prosecution stated that he
"The Merry Widow" at The Star The maximum squall velocity, as re paid them into His account with that in-
Theatre, Kowloon, and this evening they corded by the: Dines Bazendell anemo tention, and that he know all along
will present The Dollar Princess," A graph, was at the rate of 61 miles per whence they came
visit, can be thoroughly recommended." hour at 2h. 57. on the 18th.
one counts.
His Lordship thanked the jury and absolved them from further attendance for two years,”
CORONA
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30 and 31, Connaught Road Central. Tel. C. 191.
COLUMBIA NEW-PROCESS RECORDS
"FOUR INDIAN LOVE LYRICS.”
(THE TEMPLE BELLS
1664-
1665-
| LESS THAN THE DUST.
THE KASHMIRI SONG \TILL I AWAKE
AT
Coyle Baritone.
ANDERSON'S.
WM. POWELL, LTD.
TAILORING
AND
GENT'S OUTFITTING DEPTS.
REMOVED TO OUR MAIN STORE
DES VOEUX ROAD,
BUSINESS AS USUAL.