MR. BREWER COMMITTED FOR TRIAL.
The
MAGISTRATE'S OBSERVATIONS ON INSTONE
BANK'S ACCOUNTS.
A "PUFFED" BALANCE SHEET.
Magisterial proceedings notice it. Mr. Grantham observed against Mr. Noel Instone Brewer that defendant was president of the Bank and although the entry may who is charged with offences under or may not be true, it was reason- the Perjury and Larceny Ordinable to think the jury might decide ances, concluded at Central Magis- that he knew about it. tracy yesterday, when the defendant was committed for tria, at the next Criminal Sessions.
The case for the prosecution was conducted by Mr. H. Somerset Fitzroy and Mr. E. Davidson repres sented the defendant.
Mr. Davidson had made a lengthy submission to the Magistrate Inst
week and Mr. A. W. G. H. Grant- bam, who beard the case, then re- served his decision for a week.
Nothing Like Par Vains.
The last itemStock, Shares and Investments consisted in the main of shares in the Instone Trading Company. That was a Company which was incorporated thirteen. days before the publication of the
THE HONG KONG DAILY PRESS, WEDNESDAY, JANUARY* 1.
THE STUBBS ROAD ROUND THE COURTS.
INCIDENT.
·CHARGE AGAINST „A MOTORIST.
JUDGMENT RESERVED.
Further evidence for the prosecu- tion in the summons against Mr. E. F. R. Sample for al leged negligent driveing of car in Stubbs Rond On the evening of December 11 was given before Mr. E. W. Hamilton at Central Magistracy yesterday,
Mr. M. K. Lo appeared for Mr. Sample, against whom it was allega balance sheet in the case. The Company never did any business ed that he overtook Mr. A. E and its only assets were shares in Clark's car at a blind corner in the Instone Banking Corporation.dangerous manner, and without any The value of the shares
fore be assumed by the value of the Instone Banking Corporation, and from a pérusal of the balance sheet before the Court, the shares of the Bank were nothing like pas valug, and therefore the assets of the Trading Company were also not worth anything like the figure put in the balance sheet. Consequently it was falue, and it would give a false impression of the standing of the Trading Company.
When the Court resumed yester day the Magistrate dealt with the legal points submitted by Mr. Davidson at the last hearing, and after stating that he felt that under the Ordinance there was suficient evidence to put the defendant up for trial. His Worship observed
**Puffed "* Entries. that in considering all the charges it was necessary to know the state With regard to charge "C" the of the defendant's mind. It was Magistrate said he had to consider impossible to go into a man's mind whether the balance sheet wae in and to determine exactly what he tended to decaive anyone. Mr. was thinking about at a certain Grantham observed that the very time, and much therefore depended-fnet that the entries were "puffed " on the surrounding circumstances.
in regard to charge "A" (perjury relating to a statutory report) His Worship said that the report was filed nearly + year before the balance sheet which formed the basis of the other two charges. One must not therefore, confuse the evidence relating to separate documents.
hese
Disagreed With Defence. After referring to the money ke- tenally received as shown by the evidence, Mr. Grantham remarked that certain entries in the bocks were claimed by the defence as en- tries of transactions in the course of commerce, as cash. He disagreed, with the defence, and pointed out that these entries were transferred to Allotment and Suspense account within a few months, and therefore it would not be unreasonable to draw the inference that the share holders in connection with these entries were not substantial persons, and that the transactions were fictitious. If that was so, there was prima facie enge to answer. His Worship felt satisfied that there was sufficient evidence, to go before the jury on that charge.
and
The Other Charges, Regarding charges "B" C(perjury and larceny charges in connection with the balance
would lend one to infer that they were intended to deceive. The de fendant had claimed that he had relied on the auditor and that this was the usual way in which balance sheets in Chinese companies were After referring to the prepared. evidence of the Secretary of the Bank and the auditor, His Worship said that it seemed clear that the defendant knew all about it.
warning.
►
CORRESPONDENCE.
1930:
SHIP'S OFFICER CHARGED, | KOWLOON. FERRY SERVICE:
ALLEGED THREATS, IN
-NATHAN .ROAD,,
[TO-THE EDITOR OF THE "HONG KONG DAILY FUKSS"]
SI-I feel sure that many who
An officer of the Douglas S.S. Company's vessel, Haining, Mr.eross the harbour on the ferry boata Waiter Cahalne, was before Mr. T.must have often wondered why the 3. Whyte Smith at Kowloon Magis, tracy, yesterday for using threats likely to cause a breach of the peace.
Defendant said that he knew nothing about the alleged incident and asked who was accusing him.
Inspector Marks said that he had doctor's certificate which would prove that defendant had been drinking. The threats alleged to have been made by the accused
Company, instead of herding pas- sengers on the landing stages, us at present, do not arrange the arrival, and departure of the boats go that intending passengers would always and a boat at the wharf waiting to receive them. It would be so much more pleasant to be able to walk directly onto the boat.
I have heard some people declare that the conditions of the journey from one side of the harbour to the other
were that he would shoot certain are so unpleasant that they would Mr. J. W. Franks stated in evid-people. The Inspector asked for anot, for this reason, alone, live on
ence that he was in the left hand remand until noon on Friday with part of the rear seat of Mr. Clark's
a bail of 8500 for the defendant, car. As they were 'rounding a The defendant had undertaken, if
shot granted bail, that he would not in blind corner, a yellow car past from the rear without any terfere with the people ecpcerned. warning. No, horn was sounded, Defendant asked again if he were nor did witness see any glare of allowed to know who was accusing headlights from the overtaking ear. bim. Inspector Marks replied that Witness noted the number of the be would know later. The Magis-" car, 1978, and put the speed at trate remarked that he supposed
about 30 miles an hour.
four
there had been more than one per- Mr. Sample, in the witness-box, son threatened although there was said that he had been driving moonly one incident. It is alleged that it took place on the staircase 12 years. He had tor cars for driven in Hong Kong for
of No. 225, Nathan Road, but it was, not stated in the charge sheet years and during that time "had how many people were concerned
Defendant asked a third time for never had an accident. Detailing his route after leaving Pokfulam the identify of these accusing him, Road that evening on his way to and Inspector Marka replied that the Captain Superintendent of the Peak, witness said that he over- took an Austin 7 below "Wanchai Police was mentioned as prosecutor, Gap. There was a saloon car go- as it was a police prosecution. ing ahead, and at Magazine Gap
Defendant was accordingly re witness was about 20 yards behind wanded until Friday noon. Onus On Defendant.
it. Later, on a fairly straight We have the fact that the road, and before reaching a convex auditor was a man with little know-bend, witness accelerated and orer- ledge of English. It night therefore took the saloon car quite safely. be reasonably presumed that he Witness would sweri that he
sounded his born before passing. shall rely on the defendant as to how the balance sheet should be drawn up. The onus is on the de fendant to show that it is not so, and that the auditor and not him- self, was responsible. I am there- fore satisfied that there is
€450
to the jury on ali charges." Defendant was then committed, the same bail being granted,
The Charges.
lence
Expert Witness Called.
■1
HIS PROFESSION.
A young Chinese who had been enviuted in September and October fur pickpocketing and sentenced to twelve strokes with the cane on each occasion, was again before the Kow-
The Magistrate said that the de- pickpocket and he looked more fendant was evidently a profession- than his stated age (13). A sen- tence of three months' hard labour was imposed.
Mr. C. Lauritsen, of the Dragon Motor Car Company, was called as an expert witness' for the dean Magistrate for stealing a watch and chain from a pedestrian I was explained to witness
in Shanghai Street. that a closed Erskine was going up to the Peak along Stubbs Road at 30 miles an hour on a dark night A Buick 1929 sports model overtook the other car at a plave about which there was some difference of opin ion. in aneh circumstances witness was asked whether a passenger seated in the left hand rear seat of the closed car would be able to see the number of the car overtak- ing it on the right.,
POSSESSION OF AN
AUTOMATIC,
the Kowloon side. Only one side of "the wharf on the Kowloon side is in use but I cannot imagine any reason why, as in other parts of the world, the closing of the gate for one wharf should not mean the opening of the gate for the other wharf.
A five minutes service gun bá the
lines I have indicated would, I sup pase, require more boats than the four now in use but, until other boats are built some of the old boats might be brought into service again. Anyhow the Company is doing so well out of the public and making such immense profits that a little more expense should nct be grudged if it result in increased efficiency and a better service. Yours, etc.,
"PASSENGER."
Hong Kong, December 30.
THE NY.K. FLEET.
OFFICIAL TRIAL OF
TATSUTA-MARU.
The local office of the Nippon Yusen Kaisha has received tele- graphic advice from Tokyo stating that the Tutsuta Maru,sister chip of the Ayama Maru, made 21.83 knots on her official trial run on December 27 off Nagasaki Harbour, which is very stisfactory.
CRAIGENGOWER C.C.
ANNUAL PRESIDENT'S
DANCE.
sheet), the Magistrate said that on behalf of the Instone. Banking possible, and he thought that the automatic pistol told the Magis Club gave the annual President's
The charges on which Mr. Brewet were committed were as follows:-
(a.) For that you, Nee Instone Brewer, on the 18th day of August, 1927, in a statutory report made and filed by you on the mid date: (which report you were authorised to make by the provisions of the Companies Ordinance of 1911), and
they had to consider the alleged and wilfully make (otherwise than Corporation, Ltd., did knowingly falseness of the items on the
en oath) a statement false in a balance sheet and then go on to material particular, to wit, that the consider whether from the evidence total amount of the cash received produced by the Crown, a jury by the said Instone Banking Cor- could reasonably presume that deporation, Ltd., in respect of shares fendant was responsible for making issued wholly for cash, was 8876,750 the statements if they were false, this being contrary to section of also as to whether he knew they the Perjury Ordinance, No. 21 of were false, and whether he made them deliberately.
"Entirely False."
Three of the items-Subscribed
Capital, Accounts Receivable and
1022.
fb.)-For that you, Noel Instone Brewer, on the 9th day of July, 1028, in a balance sheet dated the
Witness considered this was not
ever the mudguard of his own ear, passenger would not be able to see After recalling Mr. A. E. Clark to clear up a point as to the dis. tance hotween the place where the closed car
overtook the Austin
and the spot where it was itself overtaken by the defendant's car. the Magistrate adjourned the case for a written decision to be given on January 7 in the forenoon.
A rattan worker who was charged with unlawful possession of an
trate that the weapon was given him by a friend who asked him to. carry it, and offered $1.
Inspector Fallon said that the defendant was arrested in Nelson Street carrying a bundle of straw in which the weapon was couvealed. A fine of $500 of four months' hard Inhour was imposed.
LOTTERY DEALER FINED..
Mr. B. W. Bradbury, the Presi dent of the Craigongower Cricket dance nt the Clubhouse last night.
There was a large attendance of members and friends, and a spirit of jollity predominated. The hall was gaily decorated, and an cellent band provided music.
Immediately after the midnight gun went off, dancing gave way to the singing of Auld Lang Syne, everybody present joining in most Iustily.
CX-
Dancing was then resumed, and the party broke up in the." wee
A was 'sma cors."
6th day of August, 1999, for the THE WATER SUPPLY.shines is before Mr. Whyte
1928, filed by you on behalf of the
.
pin lottery tickets. He was hned 875 or six weeks' hard labour.
Instone Banking Corporation, Ltd. | FOR 28 WEEKS AT PRESENT A conviction in 1917 was proved.
(which balance sheet you were authorised to make and file by the Companies. Ordinance of 1911), did knowingly and wilfully make a false statement fotherwise than on oath) in a material particular: to wit, that the assets of the said Company consisted of accounts receivable by the said Company which amounted
Capital Uncalled-depended upon period ending the 30th day of April, 11,330 shares which, it was alleged, were never allotted, and His Wor- ship felt that to include this item in Accounts Receivable was entirely false.
Referring to the application forms, Mr. Grantham said that the thing that struck one were the words, agree to pay a cash deposit of -- per cent. thereon. That blank was not filed in at all. The defence had argued that these, applications should be read to mean that the applicants were willing to pay what was due on them, but it was not an unreasonable inference these forms should be taken to be
to the sum
of $221,380.87; of collatoral and security loans which amounted to $301,020; of mortgage and long teron loans which amount- thated to 8266,60: stocks, shares and investments which amounted to $494,831.80; and uncalled capital
what they claim to be on the face which amounted to 31,420,940; con- of them, and the Magistrate added that it appeared to him that nothing trury to Section 7 of the Perjury was intended to be paid on these Ordinance, No. 21 of 1922-
forms.
CONSUMPTION.
Hong Kong.
·
The total storage in the island reservoirs on the morning of Mon- day. December 30, amounted to 1,327.27 million gallons shewing a decrease of 16.06 million gallons during the past week; the amount collected from streams being 1,48 million gallons.
The week's consumption amount ed 20-47.54 million gallons.
Kowloon,
TWO GHOSTS. TOO EXPENSIVE.
HAUNTED CASTLE UNSOLD.
ANNUAL K.F.C. FUNCTION. | · Two ghosts, one of them far-fam-
MARRIED. SINGLES FOOT-
BALL MATCH:
The annual New Year's Day celebrations at the Kowloon Foot ball Club will be held as usual and a very good programme has been arranged. It includes, of course, football match between the Married And Singles, and motor cycle football during the well earned
ed, were offered for sale at The Mart, Queen Victoria-street, E.C. recently.
There was no purchaser for them. the historic castle of Hurstmon- ceux, Sussex, which they have haunted for centuries, being with- drawn at £35,000.
An air, of reverence, not often linked with the sale room, charac- terised the auction. The auc tioneer, reciting the ancient gloriea of Hurstmonceux, might have been a monk reading from
some old The teams for the motor-cycle football match are as follows:-
missal. Words like "postern," "mullion," "manoriak" fell so soft- H. K. V. D. C. (Motor Cycle Section). S. C. Banks (A.J.S.), Wy from his lips that people sitting Miller (Excelsior), B. S. Rogers two or three rows of chairs away (A.J.S.). S. J. Clark (P. & M.) and could not hear them at all.
The total storage in the main-interval: land reservoirs on the morning of (c)-For that you, Noel Instone Monday, December 30, amounted to "Deliberately Made,"
Brewer, being a director of the | 437.54 million gallons, showing a The item of uncalled Capid, published or concurred in making, during the past week.
Instone Banking Corporation, Ltd., decrease of 8.93 million gallons said Mr. Grantham, was putter eirculating or publishing a wrong ward by the Crown as not only mis- statement, to wit a balance sheeted to 24.95 million gallons, not in HG, Wilhams (Humber), Reserve.
The geek's consumption amount lending but totally and utterly false. of the said Company, dated the 6th cluding 1.90 million gallons supR. W. Sapsed (Raleigh). He agreed with that view and add day of June, 1928, for the period plied to water boats at Lai Chi ed that it would give a false im ending the 30th day of April, 1928, Kek, pression of the financial position of filed by you on the 9th day of July', the Company; and therefore. it 1028, with the Registrar of Com River and streams during the week The yield from the Shing Mum would not be unreasonable to say panies on behalf of the said In that these entries were deliberately stone Banking Corporation, Ltd...
is 15,03 million gallons. made.
which you knew to be false in a material particular, to wit, that the
Value of Loans.
Lieut. Howard's Team.-E. J. Spradberry (Coventry Eagle), F. ley), W. Borrowman (Triumph), Baker (Harley), W. Simpson (Har
Lieut. Howard (B.S.A.).
The High Jinks follow:- 10.15 1.-Sir Cumference and
Going on to Collateral Securities, assets of the said Company con- HEALTH OF THE COLONY.Lady de Tong will arrive at the
His Worship observed that as re sisted of accounts received amount. gards loans, they had before them ing to 8221,360.87; of collateral the fact that the Bank held a lien securities and loans amounting to on a number of its own shares, and $340,630; of mortgage and long term
Star Ferry. They will be escorted to the Kowloon Football Club by 38 SMALL-POX CASES LAST the Motor Cycle Footballers.
10.30 8.m.-Full procession of carnival sprites and what-not will leave the Club for a tour of the
WEEK.
There were 36 more cases of small-village.
the market value of these shares loans amounting to $200,000; and was considerably under the value of stocks, shares and other invest- of the loans. From that a jury ments amounting to $484,831.80; and box last week (one of them “Non- 11 a.Married v. Single match could reasonably find that they were of uncalled capital amounting to Chinese") and 16 deaths. No other will commence, Mr. E. Cock, kick- not collateral securities at all. $1,420,960; with intent to 'dcecive | cuscs of notificable disease were re-ing-off.
After much preliminary coaxing the bidding started at £20,000. It crept slowly up by five thousand. and one thousands, and then came to an abrupt standstill.
Little Grey Lady.
So Hurstmonceux's two ghosts-- the famous drummer, who beats a tattoo on the ramparts and a little
grey lady who walks the noble staircase hall-remain for the pre- sent undisturbed.
The castle is in the market in consequence of the death of Colo- pel Calude Lowther, who spent more than £100,000 in restoring It is regarded as one of the finest examples of domestic architecture of the fifteenth century, and stands
in à Bussox village eight miles from Eastbourne.
Sir Roger de Fiennes,
Touching the entry Mortgage shareholders of the said Corpora ported. There were 30 deaths from 11.20 am.-Half-time. and Long Term Loans," His Wor- tion and to induce persons to be tuberculosis, 16 from malarja und 11.30 a.m.--Motor-cycle Football. ship said that 8230,000 out of come shareholders, or to entrust or 1 from influenza.
brgins. $260,000 was merely a cross-entry to advance money to the said Cor- On Monday 13 more. enses, of 12.10 p.m.-Married
1+ Bingle between two branches. The defend-poration; contrary to section 21 of small-pox (all Chinese from Vic match will be resumed. norhimself admitteduthinte blanderson. Ordinancevehernyshidendeur of Trasa malub cross-entry but claimed he did not 1880.
diphtheria were reported.
and raffles.
who fought at Agincourt, built the castle in 1440. In 1777 it was de molished internally, and so temain-
Claude Lowther in 1910.
SPECIAL
ALL
OFFER
TOYS & GAMES
LESS
25%
ALSO
A LARGE SELECTION OF
DOLLS
ᎪᎢ .
HALF PRICE
COME EARLY FOR THE BEST CHOICE.
LANE, CRAWFORD, LTD.
MEZZANINE FLOOR.
Tunes that Father Loves. GAIETY
ECHOES
Columbia
New
Process RECORDS
MELODIOUS
MEMORIES
CHORUS HITS OF YESTERDAY INTRODUCING-FALL IN AND FOLLOW ME-ANOTHER LITTLE DR-DOWN AT THE OLD BULL AND BUSH
I DO LIKE TO BE BESIDE THE SEASIDE-TIPPERARY HELLO, WHO'S YOUR LADY FRIEND -A ver Dzoor & Dou IF YOU WERE THE ONLY GIRL-MADAMOISELLE FROM ARMENTIEREA
BY THE ZUIDER ZEE-TAKE ME BACK TO DEAR OLD BLIGHTI
The Anderson Music Co., Ltd.
RHEUMATISM
and BACKACHE
Génasprin does not merely relieve the pains of Rheumatism and Backache, it acts as a solvent of Uric Acid, the principal cause of Rheumatic trouble, and is thus of permanent benefit.
Make sure you get
GENASPRIN
The SAFE Brand of “Aspirin^
which is manufactured by Genstosan, Ltd, Loughborough, England, and is untouched by hand during the process of manufacture. Gennaprin contains ad substance which can offend in any way the laws relating to food, and may be taken by members of any caste.
-Oblainable from ali Chemists and Flores in bottles of 86 tablete.
SOLE AGENTS:-W. B. LOXLEY & CO. TEL 2633.
Parfumerie Rigaud
PARIS.
"FLORE DIVINA”. EXCELLENT SCENT.
Most Popular & Famous Perfurae. Moderate Price.
ÜSTAINABLE AT
All Drugs, Chemists and Leading Stores.
AGENTS:
VICENTE ATIENZA & C007
No. 54, NATHAN, ROAD,
·TEL K. 155.
Page 5Page 6