Page
THE BANK CASE..
MR. JENKIN. ALLEGES, CHANGE OF FRONT.
MR. POTTER RESENTS THE
ALLEGATION."
MR. JENKIN'S BOMBSHELL
THE HONGKONG DAILY PRESS, MARCH 19TH, 1926"
Mr. Fottar roses and said that the ques- tions were not relevant to the case.
Mr. Jenkin, said that his case was that Lammerta were the only principals on the contract of June 8th with the Man Chuen Bank. There was no question of agency on that day. A change of front had been The case in which Messrs. Moxon & made at the hat moment so as to place Taylor ste suing the Man Chuen Bank the defendants as undisclosed principals for the recovery of $37,600 alleged to have and Lammerta as being agcata. When he been fent to the bank through Messrs Gexamined Mr. Lammert with regard to P. & A. Lammert, was continued before the Chief Justice, Sir Henry Gollan, In the Supreme Court yesterday.
Mr. Eldon Potter, K.C. (instructed by Messrs. Johnson, Stokes & Master), appeared for Messrs. Moxon & Taylor, and the defendant bank was represented by Mr. F. C. Jenkin (instructed by Mesare Leg & Russ).
POLICE OFFICER'S
TROUBLE IN THE NAVY AT
CANTON,
[FROM OUR CRINESK CORREJPONDENT]
In addition to the commanders of the gunboats Kong Tai, Kong Koo, and two others who were arrested by the Kuomin tang Navy in Canton, ostensibly' on charges of using Government vessels for smuggling, 13 officers and petty officers of the cruiser Chung Shan, the flagship of the Navy, named in honour of the late Kuomintang chief, have been taken into custody, apparently under a charge of edition. All the 13 are non-Cantonese, baing natives of Kiangsi, Hanan, and
RETIREMENT.
PRESENTATION TO DIVISIONAL- INSPECTOR CASHMAN.
Divisional-Inspector T. Cashman, who leaves the Colony to-morrow on the P. and O. s. Kashmir to proceed Home on retirement, after complating 25 years' service in the Hongkong Police Force, was the recipient yesterday of fare well gift from his colleagues in the wuat happened on October 8th and also Police Force. These parting gifts took Mr. Birkett if he went into the box, His the form of a silver tea-service, dlver Lordship would ses that his cross-tea-tray and silver cake basket, which examination of witness was in no way were inscribed: "Presented to Divi- irrelevant. Up to November 8th there nonal-Inspector T. Caiman by his col-Fukien. was no question but that Messrs Lam-leagues of the Hongkong Police Force mert were the principals, and as such on the occasion of his retirement, March they were trying to recover this money 13th, 1920," from the Man Chuan Bank. But some- The presentation was made by the Hon. time between Noyember 8th and 9th Mr. E. D. C. Wolfe (Captain-Superin- Lammerts ceased to demand the money tendent of Police) at Police Headquar- Mr. A. Nissim, of the plaintiff firm, was from the bank as principals, and it was ters in the presence of a number of in- recalled. He was handed an extract from then that Moxon & Taylor claimed that spectors and sub-inspectors and other Messrs. Lammerts books which contain-they were the principals and that Lam police officials and colleagues of Inspec. ed the simultaneous entry : "Sold 200
tor Cashman, Wharves at $185, bought 200-Wharves at 1993 Questioned with regard to the matter, witness said that meant carrying on, or s loan.
Mr. Potter remarked that Hia Lordship might consider it a bad way of entry.
His Lordship said that he
was not criticising, but all he could say was that it was a commercial fiction.
Mr. Jenkin asked leave to reserve his cross-examination..
Chan Wing Fook, the authorised clerk of Mesars. Lammerts, again went into the box to be further cross-examined by Mr. Jenkin.
A CURIOUS POSITION.
merts were their agents in the matter. Moxon & Taylor stepped into the shoes of Messrs. Lammert, and tried to get the money out of the bank. Then there was a complete change of front, because Moron and Taylor could not get the money out of Messrs. Lammert, owing to their bankruptcy. It was then, and then only, that Moxon & Taylor said that Lammerts were their agents..
Mr. Potter: That's a suggestion of
fraud.
Mr. Joakin said that he had for the present restrained his language. He sub mitted that certain documents wire found, which prevented Moxan & Taylor taking the stand that Lammerts were the agents of the Man Chuen Bank. That occasion ed a further change of front. If he could On being handed a document and re-establish that Moxen & Taylor and quested to explain it, witness said that Messrs. Lammert had taken absolutely it referred to a sum of $309,200 lent by different stands at different times with Lammerts to Mr. Tsang. It was to be regard to the alleged contract, he would asked his Lordship to disbelieve the case- repaid at the September. Settlement.
of the plaintiffs. He would show how Mr. Jenkin: The arrangement therein ludicrous it was, if, as was stated, a meet referred to was arranged without youring was held in the Official Receiver's knowledge 7-Yes; it is the Erst time I Office when the bank was called upon to pay the money over to Moxon & Taylor, and not to Messrs. Lammert.
mave heard of it.
Do you say that you have no idea as to whether it has any reference to the transaction of June 6th --I have no idea. But the document indicates that this arrangement was come to on July 28th 1 Yes.
Witness recolected that at the July Settlement, Messrs. Moxon & Taylor extended the loan to Lammerts at $1963 per share to be paid at the. September Settlement. He also agreed that on Jaly Settlement day he went to defendants but failed to secure the money from them. Mr. Tang asked him to set off on the flat rate basis, but he refused to do lo, A short time after the July Settlement, he again interviewed Mr. Tsang and arranged with him for an extension. The "rate "of interest was to be the same as the former rate. The first rate was 8423 per share.
Mr. Jenkin pointed out that Messrs. Lammerts, had agreed to pay $100 to Moxon & Taylor, whereas Mr. Tsang had only to pay $182 to Lammerts. About $1,600 would be paid by the bank to Lammerts, and the latter would have to pay 81,700 to Maxon & Taylor. He re- marked that it was very curious.
Witness agreed that the original' con- tract between Ladmerts and defendants
Mr. Potter said that all that need be established was that Mesars. Lammert negotiated a loan.
3. Jeaksia: I am going to ask his Lordship disbelieve Mr. Chan's evidence.
to
Mr. Potter replied that in that case Mr. Nissim would also have to be dis believed. If Mr. Jenkin was correct then it was a swindle of the first count. The suggestion
was that becouse Messrs. Moxon & Taylor, could not get the money out of Lammerts, because they were bank rupe, they fraudulently turned the account agamat another man.
His Lordship I am not giving an opinion. Mr. Jenkin's case is that the transaction was solely between Messrs Lammerts and Moxon & Taylor.
Mr. Potter said that even if Messrs Moxon & Tayler had never heard of the bank he would submit that in law they were entitled to recover from an undis closed principal
His Lordship: Yes; that is obvious. :) Bickett even if he could not say anything Mr. Potter Baid that he would call Mr. relevant to the case after that atatement of Mr. Jenkin's.
of agency was a pure afterthought. It Mr. Jenkin submitted that the question had never been thought of by the parties, and only arose when under the stress of circumstances Lammerts estate was not worth powder and shot.
PRINCIPALS AND BORROWERS.
At the afternoon hearing Mr. Jenkin continued his cross-examination of Chan Wing Fook.
Among those present were Mr. T. H. King (Director of Criminal Intelligence), Mr. C. G. Perdue (Assistant Director of Criminal Intelligence), Captain Blox ham, Mr. W: R. Scott (A.S.P.), Chief- Inspector W. Kent and Chief-Detective Inspector J. Grant,
In making the presentation, Mr. WOLFE reviewed the cares in the Force of Inspector Cashman and said he had al- ways proved a splendid, conscientious, and painstaking officer,
Inspector Cashman suitably acknow. ledged the kind reference made to his service by the C.S.P., and thanked his colleagues for their much-appreciated and valued gifts.
On reaching Home, Inspector and Mrs. Cashman with their four children, intend to settle down in Cork
BOY SCOUT RALLY. By kind permission of II.E. the General Officer Commanding (Major-General CC. Luard, C.B., CMG) a Scout Rally for the Prince of Wales's Banner Competition will be held in the grounds of Headquar ter House, on Saturday, 13th inst, com- mencing at 3 p.m.
Four Squad tests and one Troop test will be given, and points will also be awarded for good average turn out, and correctness of kit, uniform, etc. About 15 Troops will take part in the Rally.
BROKEKS MUST PROFIT.'
UNWANTED.
SHED FOR STRIKERS WHO DID NOT COME.
[FROM OUR CHINESE CORRESPONDENL]
The Strike Committee special reception sted at Shumchun close to the Canton Kowloon Railway erected recently to welcome the expected return of workmen the effort to engineer another strike in from Hongkong will be shortly removed, Hongkong having failed completely.
ALLEGED MISAPPROPRIATION. CHARGE AGAINST CANTEEN MANAGER WITHDRAWN. MAGISTRATE ON EXTRAORDINARY
· PROCEDURE.
At the Central Magistracy yesterday afternoon, before Mr. R. E. Lindsell, the case in which the Chinese canteen mana- ger of EMS. Titania, who is employed by C. Ah Ying & Co., Ltd., of No. 45, Connaught Road, Central, was charged with having destroyed certain signed chits for goods supplied to the Warrant Officers of the ship, again came up for hearing.
Defendant was further charged with failing to enter the mounts in his account.
Mr. M. H. Turner, who appeared for the defence, said that Mr. C. A. 85. Russ, who was engaged elsewhere and could not be present, had instructed him to in- form His Worship that he (Mr. Russ) did not intend to go on with the case on" instructions from his client. This client had given instruction to Mr. Russ to ap- ply that the charge might be withdrawn.
His Worship asked if the police knew anything about this
A Police Officer stated that this wES the first be had heard of it.
41 21
Mr. H. A. Lammert, giving evidence, said that his authorised clerk, Mr. Chan, came to him on June 6th and asked him if the firm could grant a loan to the Man Chuen Bank on the security of 200 Wharf.
His Worship said he was not quite cer shares. He told Chan that he could not tain that the case should be allowed to do so, but later Chan informed him that he had arranged for a loan from Misera. be withdrawn. It was most extraordin Moxon & Taylor. He had that day secx Mr. Tsung, the manager of the Many procedure on the part of Mr. Roas Chuen Bank, in Ice House Street The transaction was eventually passed through his firm
Replying to Mr. Potter, in regard to Office, witness said that Mr. Teang was the meeting in the Official Receiver's
requested to repay the loan, but asked for time. The day for repayment was fixed interest were to be paid back for November 6th when the principal and
On being asked by His Worship whe ther the police knew anything more about the case, the officer concerned in it re- plied that the case had been left entirely to the solicitors.
In reply to another question, Hia Wor ship was informed that the complain- aat was not present.
His Worship Did Mr. Buss indicate any grounds as to why he wishes to drop the case
Cross-examined by Mr. Jenkin, witness said that his firm were the agents for the Man Chuen Bank in the transaction.
Mr. Jenkin: You brokers do not gener- ally interest yourself in any matters ex. Mr. Turner: Yes. In his opinion, he cept in anticipation of some proft-No feels it would be useless for him to go Have you ever before acted as agents on with the case as he does not think in transactions of this kind 1-Perhaps he would be able to bring the charge home That is to say that you have previously and would not, even, be able to make out On being referred to documents pertain ing to loans secured by Messra. Lammert acteu se agent in transactions which you a prima facie case. was in the name of Mr. Trang, but he from the Man Chuen Bank, witness agreed did not stand, to make, à cent ?—I don't
that $95,500 borrowed in March was re-understand it in this way.
If the contract of June 8th had been payable on June 3rd, but a sum of completed, how much profit would you $13,000 bad to be repaid on June 6th.
have made out of it --8150 Witness denied that on June 6th when Mr. Tsang told him he was badly in need of money, that he said anything about the money which Messrs. Lammert owed. to the Man Chuen Bank.
was always under the impression that Mr. Tiang was acting on behalf of the bank Questioned with regard to a meet- ing in the Official Receiver's Office, wit ness said that it was for the purpose of getting the bank to repay, the loan.
Mr. Jenkin: The purpose of this meet- Mr. Jenkin: Your firm owed ing was to get Mr. Tsang to admit that $13,000. Do you suggest that some
tion at all was made of that? Not & the lean had been taken out in the name word. of the bank, since there was nothing to Mr. Tung did not suggest that Mesurs, show on the document that it was so faminert should pay this sum; nor did he ask for an advance on the other amount which would have been due in a fortnight's time ----No.
Yes.
MEYERS LAMMERTY DEBT TO THE BANK Mr. Jenkins Messrs. Lammerts owed a sum of $48,000 plus interest to the bank This money had been advanced to them. by the Man Chuen Bank 7-Yes.
The original sum lent by the bank was $31,500 but Lammerts had paid back $3,000-Yos
When you interviewed the defendants with regard to the Wharves question, Lammerte indebtedness to the bank was also discussed? Yes,
On every occasion at which the repay ment of the Wharves account was dis cussed, Lammerte debt to the bank was also discussed Yes, on every occasion alter the July Settlement
Mr. Jenkin repeated the question and witness again replied in the negative.
His Lordship remarked that it was a
very
curious transaction. They went to Mesars. Lammerts and borrowed money from them as principals, and at the same time Messrs. Lammerts were indebted to
Mr. Jenkin said that the mon
money had been leat by the bank sometime pre- viously
them. Annua
Mr. Jenkin (to witness). I put it to you that such a conversation did in fact take place and you said that the money was not due, but that you would see Mesars. Lammert about it No.
You consulted M Lammert and told Mr. Tang that the firm would lend his the money. Nó
Was it easy to borrow money on shares at this time Yes; fairly easy...
You knew that Mr. Nissim bad some 250,000 which he wanted to put out on Witness agreed that ho had acted & shares--I did not long sole laterpreter for Mr. Isang at the Replying to Mr. Potter, witness said Interview in the Official Receiver's Office, that he was authorised by the Man Chaen Bank to raise a loan. As the authorised but denied that Trang had mentioned clerk of Messrs. Tammert, he could deal Lammerts indebtedness to the bank at with brokers and dients. that meeting.
(Continued in ne? Ciluma.).
Out of whom 1-Out of the buyer, we You really mean that? Yes. get no brokerage out of brokers,
But this was a lost-You
In addition to paying you for 200 shares at 19 they would have to pay you $1507e could receive it or waive It all depends on the contract at the beginning
This figure of 84.25 which was the result of the arrangement made between Chan and Moxon & Taylor was profit You had to pay that to Moxon & Taylor on behalf of the Man Chuen Bank-Yes, Would it be in your books that when
get $150 for brokerage 1-1 believe so. the contract was completed you would
LOBING $100.
His Worship said that on the charge of making false entries in the book he considered there was & prima facie case. Mr. Turner: Whether Mr. Russ know my answer to that charge or not; I do not know, but my answer would have been that the writing was not defendant's At BIL
Mr. Turner added that Mr. Buss told him that he did not think it would be any use going on with the case as be did not think he could possibly secure a conviction.
His Worship: Your defence would have been, so far as these returns are concerned, that they were not made by the defendant, but by an assistant.
Mr-Turner said this was so. He could have proved that the assistant manager
and that all receipts for: money were had disappeared and could not be und
given by the assistant-manager.” This man kept the books, and complainant bad, wit-security for the assistans manager, huf not for the manager, which went to show that the assistant-manager poked after Mr. Jenkin: Do you know that under the financial side. The case for the de this agency contract you would be a fence would have been that the man who loser by completing it—I do not know i should really have been before the Court that.
On being handed a memorandum ness said that it had been signed by his
brother. Mr. G. P. Lammert
Under the contract you would have to pay $30,300 on Settlement Day, whereas you would get only $35,200 from the Man Chuen Bank. I will wager Mr. Lammert that you never entered into such a con- tract before? No.
That would entail's loss of 50 cents a share -Yes
was not here. The defendant was u Feochow man; while the others were Can- tonese. It might have been that after the assistant-manager ran away they thought the manager might have-hal something to do with it and prevented him from running away
Mr. Turner added that it was serijus to arrest a man like defendant, when they had had so very little evidence so Ifr which would lead to anyone swearing information, porn
I put it to you, Mr. Lammert, that there is only one explanation to this document, and that is you were not agente for the bank. A mistakes was probably made by the clerk who typed it out, or Messrs, Moxon & Taylor were willing to waive, something. We would not have a loss in that way, although we were very friendly with the Man Chuen Bank
At this stage the case was adjourned.
His Worship: In view of what passed propose to discharge the defendan= suggest that the police report this matter to the Captain-Superintendent fl Polica It in a breach of courtesy on the part of Mr. Busenitzende Defendant was accordingly discharged.
DRESS AND THE MAN.
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