Page
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21
THE WING ON CASE. §.
COUNSEL ON "SUSPICIONS" AS EVIDENCE.
FIRST PRISONER IN THE
WITNESS-BOX.
"The Wing On case was continued be fore the Chief Justice (Sir Heary Gollan) at the Criminal Sessions yes terday.
Mr. F. C. Jenkin, appeared with Mr. H. G. Sheldon for the prosecution (both instructed by Mr. Bulmer Johnson, of Messrs. Hastings, Dennys & Bowley) Mr. C. G. Alabaster and Mr. Elsley Zeitlyn (instructed by Mr. G. E. Hall Brutton and Mr. Leo d'Almada) appear for the respective prisoners.
A. MISSING KNVELOPE. When the hearing was resumed in the murning, Mr. Jankin called Mr. C Bulmer Johnson, partner in the Arm of Mesara Hastings. Dennys & Bowley,
licitors, to give evidence concerning thei custody of cue of the deposit books.
THE HONGKONG DAILY FRESS, FRIDAY, APRIL 30TH, 1926
$30,000 from a man named Mok in Hong. kong, he went to the Wing On Bank to deposit the money, following it up with $90,000 which was not needed for a per sonal loan. The very documents cited by the prosecution proved this, he said.
in HOITOW
Commenting on the delay in the hear, ing of the civil action, Mr. Zeitlyn said that the other sido refused to answer interrogatories, and, mors than in anger, he added, he must say that it lay it on the lips of his learned friend (Mr. Jenkin) to say that Au Kim Lui could have taken other steps. Ther had heard on Wednesday, too that Au was short of money, and shortness of money was often a serious impediment in the course of justice.
He was going to enll expert evidence to show that the labels on "Nina" and "Emma
were written by one and the same man.
Mr. Jenkin (interposing): Two men have given "vidence that the writing was different and it was not challenged.
Ir
Alter looking up evidence, bis Lord ship said there was a suggestion that it would be challenged, and he could not prevent Mr. Zeitlyn from calling the evidence.
MR. ALABASTER'S AFTLICATION.
LIGHTERMEN'S STRIKE
AT CANTON.
RICE JUNKS MAKE THEIR OWN ARRANGEMENT.
CONSPIRACY TO DEFRAUD. MANAGING PARTNER SENT TO PRISON.
DEPENDANT DESCRIBED AS
The
HOPELESS.
[FROM OUR CHINESE CORRESPONDENT.]
ense in which the Managing The trade junks carrying rice intó Can- ton Harbour from other ports have begun Partner of a Chinese firm of merchants to employ their own lighters to transfer was charged with another man not in cargo to the shore, dispensing with the custody, with conspiring to defraud the service of the regular Highters whose men Hin Yick firm, Wing Lok Street, of have been on strike for some time. The 89,900, was concluded at the Central Police in Canton have assured the juuks Magistracy yesterday, Mr. R. E. Lindsell protection, saying that either the lighter- sentenced the defendant to three months'
to do so. A third party is not to be made men must work or others must be allowed imprisonment."
sufferer in a dispute in which he is not concerned.
INDIAN CLERK CHARGED.
CHARGES TOO SERIOUS TO
ALLOW BAIL.
Before Mr. Lindsell at the Central Magistracy yesterday, Mobarned Rajah Salleh, a clerk at the Ordnatice Office was charged on two counts with posses sion of sulphide of arsenic and potassium
chlorate.
4.
Detective-laspector. T. Murphy applied for a week's remand, stating that the
analysed. He opposed bail.
Mr. A. el Arculli defended and raised the question of bail.
+
In reply to Mr. Zeitlyn, witness and that the label did not come off shortly after photographs of the exhibit were taken by Mr. Dovey (the (lovernment
Mr. Alabaster, addressing his Lordship analyst). Without auch photographs the Wing On Co. were unwilling to answer on the second prisoner's behalf, sub-potassium chlorate had not as yet been the interrogatories. He explained that mitted that the second count should be the exhibit was in an envelope in the struck out. He was charged with having afe and in taking the exhibit from the on May 3rd committed a definite act
His Worship, however, considered the envelope after it was taken from the with Au Kim Lai in uttering a forged- safe on the next occuaion, the two became deposit book, and the evidence did not charges to be serious, and refused the detached. The envelope which contained show that he was even in the Colony.application.
It is anticipated that the prosecution "Emma" was cre
of the Wing On The first time the prosecution casq lank's own envelopes. He could not say brought him into the Colony was some will allege that the chemicals are explo whether the characters on it were the two years after the alleged offence, and, sive ingredients, and ran be used for same us on the cover of the exhibit as moreover, they had had a witness in the waking bombe. he could not read Chinese characters, box who had said that only one person Hr did not think he would be able to uttered the deposit book, and in fact:
was neither of the find the envelope. He did not know that the person what had become of it."
prisoners. Similarly he urged the strik
} The same ing out of the third count. remarks applied, since that offence was alleged to have been committed May 4th. The fourth count, that of endea vouring to withdraw money on August 13th, should also be erased.
Hearing was fixed for Thursday next
INGENIOUSLY CONCEALED
HEROIN. FRENCHMAN CHARGED WITH POSSESSION.
Mr. E. Davidson appeared for the prosecution, and Mr. T. J. Prior de fended.
Previous evidence given in this case showed that the firm in question was enk of Californian merchants, and like many, similar firms, it had a number of de positora Troubles developed and no business was done for some time. Early this year, three partners, including the defendant, decided to dispose of a piece of property. With the money received it was proposed to pay off certain engum brances and to pay the remainder to the depositors in the form of a dividend. A claim was eventually received which was alleged to be a fraudulent one.
Certain promissory notes mentioned in the course of the case were claimed by:
accountant of the firm to be far- geries while certain depositors of the firm also stated in previous evidence that they made application to defendant for the return of the money they had de posited with the firm, and were unable to get it from him..
Mr. Prior, for the defence, said that an agent was appointed by the defend. ant to make certain payments to deposi. tors on behalf of the firm, but whether these payments were made or not, de- fendant did not know. They had not seen this agent, who was a relative of Mr. Zeitlyn asked witness questions
the defendants since the Court proceed. relating to the delay which had occurred
ings started. They believed, however, in the preparation of exhibits They had
that he did make the payments, although actually been prepared in June, 1993,
Joseph Torre, a French commercial it was stated by the prosecution that and it was not until September, 1995,
What he traveller, residing at the Astor House payments had not been made to the that answers were given to questions in respect of the civil action brought had already said applied to the fourth Hotel, was charged at the Central Magis-depositors concerned. against the Wing On Bank. The inter-count also, but in addition he would say tracy yesterday, with possession of a regatories in respect of which the photo that there was a total hiatus of evidence. quastity of heroin. The exact quantity graphs were made were put to witness There was nothing to connect the second had not been ascertained, but it was prisoner with the fourth count at all. stated that 31 ounces bad already been in December, 1894.
The only witness from the Industrial found. and Commercial Bank had said that the bank's chef was on exaN out the matter did not pass through his hands
Mr. Zeitlyn: And your firm, shortly after receipt of them, wrote to Messrs, Wilkinson & Grist, who at that time had the custody of the exhibit. "Nina," asking for that book for the purpose of taking the photographs which were actually not prepared until June of the following year. In the meantime, you did nothing1-I gave instructions to couusel on March 31st to answer the interrogatories.
not.
His Lordship, after some, hesitation, said that he thought it better that this should go before the jury as a whole.
FIEST PRISONER'S EVIDENCE.
a visit to
Defendant, giving evidence; stated a relative, that the agent, who was asked him for the repayment of several thousand pilars the Hin Vick firm owed him. Defeudani put him off and then gave him the promissory notes and asked. the agent, who agreel, in pay the people He understood that the concerned. people had been paid," but he never re- crived the promissory notes back.
Mr. J. D. Lloyd, superintendent of imports and exports, who prosecuted, said that the drug was in a number of battles which had been found in defend ant's possession. The battles contained chalk and starch, but a roll of war paper had been inserted in the middle After lengthy cross-examination, dur- of each bottle. The drug was found in ing which defendant gave a different tubes wrapped up in cotton wool. Each version and explanation of affairs, than tube contained about three, grammes. had been indicated by the defence. Mr.
Defendant admitted the offence.
**
DEPENDANT. LYING.
Lindsell interposed that defendant was Hearing was fixed for to-morrow at 11 lying and that he had been lying ever
Au Kim Lui, the first prisoner, went He spoke of his into the witness-box. acquaintance with, Fak, the other pris Mr. Zeitlyn And on January 21st, oner, who had decamped whilst on bail, 1925, you had received a letter from the and with the second prisoner. Early in
since he went into the witness-box. solicitors of the plaintiff, now first de- the Spring of 1923, he let Fck $20,000, aim.
Mr. Prior addressing His Worship, fendant, asking you for your reply and sometime later went, on You did not reply to that. Apparently Canton,
a civil action against the Wing" On said it would be seen from the evidence A day after he had returned he met
acti Re-examined by Mr. Jenkin, witness Fok and asked him for the return of Bank. He empowered his eldest brother how simple the defendant was and bow
on his behalf. easily, he could be imposed upon. and Chan Sham to' said that the delay was due to the other the money he had lent him. The next He then went to Peking and was away was for the "prosecution to prove that defendant knew that his agent had not side not pressing the case and to the day he visited Fok in his office and advice of counsel.
paid the money to the people concerned. eventually he went with him to the Bank from Hongkong for some fifty days.
ŁOANH TO CEL BHAM. Mr. Jenkin: They did not appear to of East Asia. There Fok presented a
Chan Sham bad asked him several Mr. Prior went on to argue that defend-. be worrying about the matter 7--No.
cheque and drew out $75,000 and return times for leans of money. He bad leat ant was a man on whom it was very sady Mr. Jenkis: And neither did you lied to him the $50,000. He then went to him sums of 850 and 830, but on his to impose and submitted that he was not
Wing On Bank and, deposited 830,000 Mr. Hugh-Jones, of Messra Wilkinson in the name of Kwong Cheong. He re return from Peking he refused to comply a man capable of conceiving a fraud of
with Chan Sham's request for more
No.
On the 27th
&Grist, gave evidence with regard to ceived a deposit book. accepting the custody of the original de April he returned to the Bank and de- posit book Nina" from Mr. D. H. posited the other $90,000. He had Blake, when the latter went home.
originally retained this amount for a He mortgage, but it was not needed..
EXPRAT EVIDENCE TO BE CALLED
loans.
!!
"COUNTRY YOKEL" "HISSING THE
when Mr. Zeitlyn concluded his exami. nation, Mr. Jenkin before beginning his
It
the kind which the prosecution were at- tempting to throw upon his shoulders. It was a clever fraud, and the man who was clever enough to invent it was closer. enough to impose upon the defendant.
43
Mr. Zeitlyn then addressed the jury retained possession of the deposit book cross-examination, informed his Lord His Worship would see how hopeless de- He would not at this stage, be said, up to the time he desired to withdraw ship that following a request made by fendant was and how slow he was and indulge in anything like criticism direct, the money from the bank on August 13th, the solicitors for the defence, he had how, shallow. His lies had been exceed. Tam Lay, the witness who at Wednesdefendant realised even now what had rd the case as presented for the prose 1923, when he opened an account in the naked for the further appearance of ingly shallow. He did not think that cution. He would studiously refrain Industrial and Commercial Bank.
Mr. Lindsell convicted defendant and Later in the day he received & com- day's proceeding was severely 'censured happened. from commenting on the very strange. medley which his learned friends called munication. from the Industrial and for refusing to answer a question put evidence which was presented before His Commercial Bank, and he saw the assist by Mr. Alabaster. Tam Lay, however, remarked that it was quite clear that he
defraud the depositors of the firm, He would say ant manager. He was informed that the could not be found, and it was likely was a party to a deliberate attempt to Lordship and the jury.
"Had it not been for his age," con. nothing as to the inferences, conjectures Wing On Bank had refused to pay the and the suspicions which at the proper money. The manager of the Wing On- time, in his submission to the jury, he Co. who was also present, told him that Replying to Mr. Jenkin, Au Kim Lui eluded Mr. Lindsell, I would have Bent. to Messrs. consideration his age, I give him three deposit books were would ask them to say was the sole the money had already been collected, said that he did not know that both given him six months, but taking into quality of the case presented for the and intimated that the money would not Hastings, Denny's & Bewley on the after months. It is not a case for a fac.'!.
be paid. prosecution.
Counsel went on "to detail the career
Continuing, he said, that even when poon of August 13th. He did not suggest
that he had bolted.
A TOTAL DENTAL
of the first prisoner, who was 35 years he asked the Wing On Bank for the that anyone in the Wing On Company
and affixed it to the other, but when he had heard of it, it came as a great sur- prise to him:
of age, having lived 17 of those years return of the book it was not given to had taken off the label from one book
Ho, however, received a receipt, in Hongkong. He mentioned the respon him. sible positions he had bald and described and later consulted Mr. Blake regarding how defendant, having resigned, toge- the matter. Mr. Blake, the assistant ther, with others, from a local bank, manager of the Industrial and Commer determined to start one of his own and cial Company, and himself then went went to Canton for the purpose of rais to the Wing On Bank, and there they saw the aesistant manager. He, too, ing money.
Mr. Zeislyn described how the first de refused to hand over the deposit book, fendant, after raising the money, a com- but next day, on August 14th, it was plete account book of which was in sent to him. On being further, refused nolicitors' honde, had been raised and the return of the money, he instituted
(Continued on seat Columnɔit how that having received payment of
CORRESPONDENCE.
FEMALE FRANCHISE.
[TO THE EDITOR" OF. THE
DAILY PRzes.")
HONGKONG
He was previously employed in s BE
SIB, Bumour hath it that the post- Chinese Bank at 865 to $70 a month. later became a share "and mortgage broker and had carried on business for ponement of the election to the Sanitary about two years. He had, however, saved Board is due to. there being no complete between $12,000 to $13,000 having deposits list of voters. Is it perhaps that the had. $10,000 worth of bonds. He took names to the voting list 7. Burely it is time. three banka in the Colony. He also Government is adding some women's that women should be given the rate and these to Peking.
the right to sit on public Councils and
HCOPLEY MOYLE. Boards in this colony. Yours truly.
Hongkong, April 29th, 1926,
Mr. Joakin was questioning prisoner he stated he had made, when the hearing. concerning numerous speculations which was adjourned until to-day.
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