Page
THE BANK LOAN CASE. EVIDENCE OF MR. G. E. TOWNES CASE TO CONCLUDE TO-DAY. The case in which Messrs. Moxon &
יד
Taylor are suing the Man Chuen Bank for the recovery of $3,500 alleged to have been lent to the bank through
Messra. G. P. & H. A. Lammert, was
"A BOMBSHELL."
THE HONGKONG DAILY PRESS, FRIDAY, MARCH 19TH, 1926
Mr. C. A. 3. Russ, solicitor for the defendant Bank, said that he had receiv ed instructions from them to interview Mr. Ross He saw Mr. Rosa and told set off against him that they had a Lammerts, and he was told to go to see
VISITING: HONGKONG. NEW YORK POLICE COMMISSIONER ON "LACONÍA."
DINNER TO HON, MR. E, D. 0. WOLFE.
There are many notabla passengers on Lammerts frst. He said nothing about the around-the-world tourist liner Messrs. Moxon & Taylor, and said wit-Laconin, now in port, and among them
THE "LACONIA." DOCKED, YESTERDAY FOR EXAMINATION.
WET WEATHER INTERFERES WITH TOURIST TRIPS.
་་་་་་
continued before the Chief Justice, Sir Reas: it came as a bombshell when 1. Mr. Edward Sykes. Honorary Police tourists on board, yesterday was towed
Henry Gollan," in the Supreme Court yesterday.
Arst heard of it."
Commissioner of New York City and also Treasurer of the Police Pension Fund.
Mr. Sykes, who retired a few years ago from active duty, is a distinguished citizen of New York and he took a large part in the organisation of the Police Con- This closed the evidence for the de-ference at New York" where he met the
** NOT & SLUR,"
Replying to Mr. Petter, witness said Mr. Eldon Potter, K.C. (instructed that it had been arranged between him by Messrs Johnson. Stokes & Master), and Mr. Tinson, the solicitor for the appeared for Messes. Mozon & Taylor, plaintiffs, that Mr. Roas could be called nad the defendant bank was represented as a witness by either party," by Mr. F. C... Jenkin (instructed by Mesars, Lea & Russ).
THE BANK'S CARE.
Mr. G. E. Townes, Acting Chief countant of the Hongkong and Shanghai 'Banking Corporatian, was enlied by the
defence.
fence.
Mr. Potter called Mr. G. P. Lammert, and Mr. Jenkin rose and asked that Mr, H. A. Lammert and Mr. Chan Wing Fook might leave Court while witness was giving evidence.
ין
Mr. Potter: One charge has already been made against 13; one more done not make any difference.
His Lordship remarked that it was better in case of conflict of fact, and there was no intention of casting a slur on any af Mr. "Potter's witncases.
Replying to Mr. Potter, Mr. G. P. Lammert said that be had not the faintest recollection that the delivery order was ever handed to him.
Replying to Mr. Jenkin, Mr. Townes said that on 5th-6th the Man Chuen Bank had incurred an overdraft of $146,328.70 against certain shares which they held as security in the Hongkong and Shanghai Bank. He further stated that having re gard to the state of the Man Chuen Bank's account, the scrip for 200 Wharves would not have been delivered on a de livery order without any part payment.
. Mr.. Jenkin: If Messrs. Lammerts's Chinese authorised clerk had produced a signed delivery order without any moneyBank and get delivery of those shares - Did you go round to the Hongkong would the scrip have been delivered to him without reference to you 7-No; it could not have been done nor considered without being referred to me.
Assuming, that Mr. G. P. Lammert had gone to the Bank and had assured you that the Man Chuen Bank would later pay, would you have parted with the shares-No, the amounts involved were too large.
Cross-examined by Mr. Potter," witness said that at the time the transaction was made he was assistant to Mr. Walker, who was now in London. He agreed that the transaction for 200 Wharves wen: through Mr. Walker's hands.
I did not.
The Cunard around-the-world tourist lineras Laconia, which arrived in port | on Wednesday morning, with ever 600
from the Kowloon Wharves to Taikoo, where she was dry-docked, for the pur- pose of an examination of her shaft stern tube.
ነ
It was found that something was miss with the stern tube, probably das Hon. Mr. E. D. C. Wolla (Hongkong's to the working loose of some of the ma- Captain-Superintendent of Police), when chinery, but as it was not known how ha attended that Conference, prior to re-long the work needed to remedy this turning to the Colony from Home leave. would take, the liner went into dry-deck Mr. Sykes is combining business with for an examination to ascertain exactly pleasure on. his present tour around-the-what is wrong. world, with a view to further the project. of bringing together the police chiefs of the world and to establish another step: to international peace and general sup-| pression of crime. It was this movement which led to the Conference of polics chiefs from all parts of the world held last year in New York
Colony.. knowledge of polies "procedure in the
It is not thought that anything very serious is wrong, and the liner was 'ex- pected to be out of dock again by this morning.
The departure of the Laconia to-mor row evening is not likely to be delayed between the scheduled time.
Since the arrival of the Laconia in port The programme of the 645 passengers on Wednesday. Commissioner Sykes has on the liner was again considerably mar- conferred with the Hon. Mr. E. D. Cred by wet weather yesterday, and a Wolfe for the purpose of acquiring a
number of the tourists chose to abandon the mapped out trips to the New Terri- tories, around-the-Island, to the Peak and to Macao, in favour of the Hongkong Hotel and the shopping and curio dis tricts. The more hardy and hot-to-be- daunted passengers, however, braved the elements and, clothed in waterproofs and oilskins, undertook the excursions planned and derived what enjoyment was possible from them.
Yesterday morning, Mr. Sykes, accom- order from the assistant manager of the
Would you have taken the delivery panied by Miss K. A. Larson (his secre Man Chuen Bank --No, because I knew tary) and her mother (Mrs. W. L. Cleve nothing about this transaction, and fur-land), who are also passengers on the ther I have only a smattering of Chinese, Laconius, and making the world-tour, and before doing anything in the matter I would, have seen my brother or Mr. honoured Mr. R. E. Lindsell's Court at the Centrul Magistracy and were given seats beside Mr. Lindsell on the Bench They appeared very interested in the pro- ceedings and listened to a number of Chinese cases dealt with.
Chan.
Witness further stated that his firm could not in any way have lent money on June 6th, as it was fnancially impossible
to do so..
Mr. Jerkin: You have no recollection as regards what happened on June 8th-
No.
If a man swears in this case that he,
DINNER TO CS.P.
At the Hongkong Hotel last evening Before the crisis of June 6th the banks in fact, handed the delivery order to there was a very pleasant little function were not sa strict with the parting of you, you are not prepared because of shares as they are now I would not say your hazy recollection, to swear that his when the Hon. Mr. E. D. C. Wolfe was statement is untrue I do not want to
it was on June 8th.
1
Like the tourists from the Resolute, which left here on Wednesday evening for Manila, the Laconia's passengers have so far seen the Colony only at a great disadvantage, and it is to be hoped
But the banks were not as strict as call him a liar but I have a firm convie the guest of honour at a dinner given by that the downpour, drizzle, and over-
they are now-Perhaps not quite.
tion that he never came to ma
This man speaks a little English.-- He may, but I do not recollect him ever approaching me.
There was a falling of optimism abroad in the middle of July, never mind what the views of the Hongkong and Shanghai
Witness further stated that he was at Bank were as to whether those views were too high -No, the first time when some the time running the accounts of the doubt was felt was over the June Serm; and he agreed that he signed the
cheque paid The Man Chaen Bank. ment.
Replying to Mr. Potter, witness said The June Settlement was a heavy one? --There was the possibly of n strike, and that if a loan had been asked for he I think the share market was too top would have had to arrange for it. heavy
at that His Lordship: When you say time do you mean June 7-Yes, the be- ginning of June.
14
MR. BIRKETT RECALLED
Police Commissioner Sykes
Mr. Roger Culver Tredwell (the United States Consul-General in Hongkong) was among the local gusts.
Other guests present from the Laconia were a former U.S. Senator, Cornelius W. Pugsley of New York; his son, Mr. Chester D. Pugsley, lawyer and tanker of New York; Mr. and Mrs. F. C. Clark Mr. Potter recalled Mr. Birkett, who on their sixth trip round the world; said that there was nothing unusual in Capt. E., T. Britten, Commander of the that Lammerts cheque was paid to the vessel; Judge Kaarlow Ignatius, Presi Man Chuen Bank before Messrs. Moxon & Taylor's cheque was received. He said dent of Court of Appeal of Finland; that Moxon & Taylor would not have paid Capt. W. R. Carson; Dr. H. Sweet; Mra. their cheque until they had the shares, Edith S. Sawtelle, Mr. John Vester, and Lammerts would not have them until they had paid the Man Chuen Bank.director of the Clark Cruise; the Rev. His Lordship: The more necessary it Father John A. McGoldrick; Dr. J. J.
journalist who is commissioned to write business, so as to protect yourselves to Brennan; Mr. Paul McGinnis, New York
This closed all the evidence.
special articles and magazine articles on observations during the trip. Miss K. A.
Commissioner: Lozzon, Secretary to Sykes, and her mother, Mrs. W. L.-
In reply to other questions put by Mr Potter, witness said that he would not consider it right for a banker to land over shares on the production of a de. livery order without a cheque. He did not think it would matter if the Snancial position of the man was such as to justify delivery of the shares. In his own is to adhere strictly to the rules of case he would not assume it, but would have to be certain of it. Nor did he Yes. think that Mr. Walker would have parted with the shares unless he (witness) wit-
MR. JENKIN'S FIVE POINTS.
The
|
H.R.H. PRINCE GEORGE. PROMOTED TO. LIEUTENANT.
hanging clouds which have enshrouded the Peak and New Territories hills in amist since Monday will clear for to-day, and to-morrow, so visitors may derive more pleasure during their last two days in Hongkong...
that our
It may be mentioned that on her first the round-the-world cruise in 1924, Laconia carried 723 passengers, nearly a hundred more than on this trip,.
An exhibit on the Laconia, which causes much amusement, is a ricksha pur- chased in Kobe by. Mr. Bert Essex, of Indianapolis, Ind. He is taking it home Yesterday the tourists were conveyed to his son in America. to and from the Laconia at Taikoo by
motor cars.
B. & S. STEAMER'S MISHAP. SUNNING GROUNDS AT THE
CHUSANS.
In his report the master of the Kuei- Prince George joined the Hawkins, flagship of Vice-Admiral Sir E. 3. chow states that on the morning of Alexander-finclair, Commander-in-Chief, March, 16th he received a wireless message China, last year, and will remain on from the Sunning, and in consequence that station for the normal period of of this a boat was lowered from the
nessed it. The basis of the advance ru. Mr. Jenkin's speech for the defence quired by the bank would at least be half the value of the shares, and the took nearly two hours. He said that the bank could even ask for more. He, how-fact that Mr. Birkett had stood by for
PASSENGERS TAKEN OFF ROCK. ever, thought that if there was sufficient period of two months without claiming Cleveland were also present. to cover, the serip for the 200 Wharves the money from the Man Chuen Bank
was indeed a remarkable thing.
According to a report made to the might have been released.
His Lordship In view of the fact that plaintiffs had said that the defendant
Harbour Office yesterday by the master evidence has already been given in the bank had made no reference to a set
of the Aucichow (China Navigation case that the shares were delivered with off, though Messrs Lammert owed them out payment of cash or cheque at the a large sum of money. Counsel describ.
It was announced in the Naval ap Company), which arrived in Hongkong time, is it not a fact that he amounted it as a last ditch" story. All that was entered into the account of the de Mr. Birkett could say when asked why livery order significant i-Perhaps the be had let the matter lie for two months pointments of February 16th that Sub- late on Wednesday from Tientsin and Weihaiwel, another China Navigation Man Chuen Bank had not ascertained without moving after he bad found the Licut. His Royal Highness Prince real debtors was that he had some George, fourth son of their Majesties,
the rank of Company's steamer, the Sanning, ground- the amount required.
Mr. Jenkin: If in this case Mr. G. P. friendly arrangements with Mr. Boss, and has been promoted to Lammert had come into the bank and he would see to the question of ex- Lieutenant, with seniority of February ed in the Chusan Archipelago, but subse
quently was re-floated by her master. you thought his financial position to be penses. Mr. Ross's affidavit showed that 15th, and reappointed to His Majesty's sound, would that have affected your he had wholly misapprehended the post ship' ffawkins.
Counsel would also we interested decision in dealing out script against, the tion. Man Chuen Bank account 1-No, it would to learn why Mr. Birkett had not taken not matter whether he was financially recourse to action when the money was not forthcoming from the defendant bank. Counsel, continuing, said that it ap peared to him that the documents al the Stock Exchange "was only intelligible to brokers themselves. There were several factors which went to prove that Mr. Ross did not know the true position of affairs, firstly, there was his affidavit; secondly, his letter to the Man Chuen Bank; and thirdly, his interview with Mr. Is it not significant that evidence has Russ. Mr. Russ, on these three occasions,
The third point which Counsel cited that the Sunning, which left this port already been gives that the shares were had never said a word about Messrs. agency of Lammerts for Moxon & Taylor.meagre particulars available, it appears delivered without payment either by Moxon & Taylor.
He qubmitted that the Bank's case had to disprove agency was the letter from eheque or cash 1-It is very possible that at the time the Man Chuen-Baak might been constant throughout. They held Mr. Birkett to Lammerta demanding pay not have ascertained how much payment that the question of the set off was dis-ment of margin. This had been proceed. cussed. Would not any ordinary business ed by a private letter to Mr. G. P. the Hongkong Bank required,
There has been no suggestion of any man have raised that point? No ques Lammert. Such lettere could never have body going to the Hongkong Bank totion of agency, had arisen until after been written by a person to his agent. ascertain how much was required -They Lammerts bankruptcy. There was not a single document at that period but paid the market value for them.
Witness could not say why the blank which denied expressly the existence of in the order where the amount of the that agency, that Lammerts were acting
sound
Would Mr. Walker have had any authority under the circumstances to have issued this scrip without reference to you 1-No.
Replying to Mr. Potter, who pointed out that no amount was mentioned on the delivery order, witness said that it might have not been handed in in his depart
ment.
in.
two years.
Secondly, any remuneration which Lammerts were to get according to the books was brokerage at the rate of 3150 from" the Man Cheun Bank. That was, of course, wholly inconsistent with the
Then
Aseichow and twelve Chinese passengers were taken off Button Rock and returned to the Sunning, following, which the Sunning beaved up her anchor and re-
the time... turned to Shanghai. There was, states the report, a moderate swell running st
From what can be gathered from the
for Shanghai about ten days ago, was returning from the Northern port to Hongkong, when she struck Button Rock at 7.30 pm on March 14th. She got into chow, which, of course, went to her wireless communication with the Kusi aseistance, but found that the Sunning had been successfully re-floated by the time she arrived on the scene.
Fourthly, the contents of the memoran dum of September 19th were wholly in- consistent with such a case.
Fifthly, the evidence of Chan Wing
The Master of the Kucichow states that money should figure, had not been filled on behalf of the Man Chuen Bank. There Fook, as set out in his declarations, pre, he is unable to state how the twelve
was no such agency. In the first place, cluded them from such a case. Was there any possibility of Mr. the transaction in its financial aspect there was the curious calculation of Chinese passengers got ashore, but ap Mr. Nissin and Mr.parently they had jumped on to the rock Walker having landed, over the shares at would not have supported it, because 81,504 interest. the time the delivery order was taken if Messrs Lammerts were agenta for Lammert did not know how it had been as soon as the vessel struck, presumably Mr. Walker was a careful man and he Messrs. Moxon & Taylor, one would ex- arrived at, but they said that Mr. Birkett without waiting to see whether the had
On would not release shares under these pect that Lammerts would be remune had made it out. Mr. Birkett had said received damage or not.
rated by Messrs. Moxon & Taylor.
that he was not responsible for the calcn- The Sunning did not appear any the 'conditions.
Witness said that prior to June 6th the contrary, it was known that nothing lation. Then the evidence of the bank worse for grounding-and after her pas he had been accountant at the Bank for was going from Messrs. Moxon & Taylor accountant had been contrary to the sengers had been returned to her, he
to Lammerts, because when the $38,450 plaintiffs' case that the shares were de sailed for Shanghai. three months.
Replying to Mr. Jenkin, witness said was received by them, it was to go with livered before payment was made.
Mr. Potter will delivered his address I this morning. that it was not an uncommon practice not out deduction to Moxon & Taylor. to fill in the amount sa delivery orders.
(Continued on next column.)
This is the third accident that has happened this year to the China Navi- gation Company's 'fleet.
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