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HONG KONG DAILY PRESS, FRIDAY, MARCH 13, 1936."
BANK SUED
Alleged Frand By Employee
Action was brought against the National City Bank of New York, and one of its employees, Lal Sin- chow yesterday before the Acting Pulsne Judge. Mr. Justice J. J. Hayden in the Summary Court. The plaintif, Fung Kul-hot is suing the Bank for the return of 21.000, alleged to have been ca. posited there.
Mr. A. McCallum was "for the plaintiff, and Mr. J. T. Prior ap peared for the defendant bank. The second defendant was not in Court, nor was he legally repre-
sented.
The plaintiff's claim was that on June 30, 1927, he deposited with the defendant bank 3 sum $2,000 in the savings department, He was given a deposit book and It was a term of the deposit that the bank would pay an interest of four per cent. per annum. In- terest had been credited. in the sald account from time to time and various sums withdrawn, and on May 2, 1933, the balance due to the picntiff as shown in the de- posit book was $1.000. The plain- f had demanded payment of this sum together with the Interest accrued but the defendant bank failed and neglected to pay the money, he claimed,
The claim against the second defendant was that he had falsely represented that he had the au- hority of the Bank to receive the money deposited and to issue the deposit book, and that he had converted such sum to his use, less the sum of $1,323.35 re- eived by the plaintiff. The plain- t also calmed from this defen- dant interest at the rate of fouT per cent. per annum on the said sum of $2,000.
Own
In the witness box the plant stated that he returned to Hong Kong in 1922 after having been in Canada for 20 years. On arrival here he went to the Hong Kong and Shanghal Bank and withdrew 82.000 which he later put into the detendant Bank on the deposit receipt account. He had two such accounts, one for $2.030 and the other for $1,600,
NO MONET PASSED In 1927 he withdrew the $2,000 from the deposit receipt account and transferred it to the savings account. Later on in the" year he did the same with the $1800. No money was passed but the interest was collected. From 1927 onwards he drew money from both these accounts.
Since first going to the Bank he had dealt with the second defen- dant who handed him two deposit books. Towards the end of the year he went to the Bank and the second defendant told him that he had no more money in the Bank. He knew that he had some $700 left and upon the second defen- dant insisting that there was no more money he put the matter in the hands of a solicitor.
TRUSTED LAI
He further stated that be had trusted Lai as one of the Bank's employees and that it did not occur to him at the time that Lai had possibly forged the books.
He had never withdrawn money from the Bank through Lal but always personally, though Lal nad handed him the money..
In June, 1935, witness stated that he had borrowed $350 from
Lai.
Mr. Prior: Why did you not
ECHO
BANK NOTE CASE
EMPRESS BOAT TRAGEDY
Death Of Russian Guard
Appeal Against Sentence
A shooting affair involving the Before Mr. Justice R. E. Lind- Lell, Acting Chief Justice, in the death of a Russian Anti-piracy Appeal Cours yesterday. Judgment | guard, which occurred when the was reserved in an appea against MS. Empress of Asia was on the the decision of the Magistrate, high seas, is contained in a radio Mr. 5. F. Balfour, brought by message received at Police Head- Wong Fa who was sentenced by quarters yesterday. him to six months' hard labour on a charge of larceny.
. It is stated that the guard. named Vassily Georgovich Shisken, shot himself. after having boarded the Asia in Shanghal bound for
Hong Kong
Mr. Leo D'Almada, jnr. instruct- ed by Mr. C. A. Sutherland Russ represented the appellant, whe
The deceased was recruited in Mr E. H. Willams, Assistant At-
rney-General was for the Crown. Shanghal two years ago, and had been engaged since then on anti- In his submission to His Lord-piracy guard work. He went to ship. Mr. D'Almada said the ap Shanghal on the RMS. Empress of was originally charged "Japan on March 6, where he join- pellant with four others with conspiracy
ed the Empress of Asia on the re- common law.
turn trip to the Culony. The Em- to defraud under
the During the proceedings in
press of Asla dirived in port "yes- Magistracy three of the men were
terday. discharged, and the trial in con- nection with this particular charge ngainst the appellant went on
Both of and another defendant. them were subsequent y acquitted on this charge but before such acquittal, another indictment was the appellant. preferred against That charge was for larceny by trick and, alternatively, of ob taining money by fa'se pretences. He was convicted on and was sentenced to six months' hard labour.
THE CASE
this
count
Cm
LOCAL TRAFFIC ACCIDENTS
No Fatality Reported For
The Week
KAIPING COAL
FOR HOME, FACTORY, & POWER HOUSE -
HOME, FACTORY AND
34
BUNKE S
POWER 'HOUSE,
TUGS &
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THE KAILAN MINING ADMINISTRATION
DODWELL & 00., LTD.. Agents, Hong Kong.
Around the Courts
BANISHEK
On a charge of returning from banishment Tam Chun, 49, un- employed, was sentenced to ten months' hard labour on his ap pearance. before Mr. Schofield at the Central Police Court yesterday, He was deported on January 4 last for ten years. Another returned banishee, Chan Chik-in, aged 18. was remanded unul to-day for
Altogether 33 traffic accidents. involving injuries to 12 people, week were reported during the ended March 7. There were, how-
medical report on his eyes. during the ever. no fatalities
Inspector Logan prosecuted. The evidence in connection with period.
IMMORAL CAUSE that okence was that sometime iri Five people were injured when
the roadway; one Charged with keeping a prosti- 1933 the appellant met the com-running on
the roadway: tutes lodging house at No. 2 Gough .when walking on p'ainant. Tam Lin, and put
in- collisions between Street, first floor, Wong Sze, aged proposition to him to the effect three that he could manufacture bank vehicles; and three when jumping | 30, a widow, was fined $30 or three or off, a vehicle when in weeks' hard labour when she ap- motion.
peared before Mr. Balfour at the Central Magistracy yesterday. Chol Tak, aged 30, also a widow, was similarly dealt with in respect to premises. at No. 46 Gage Street, first floor. The ball of $40 in the case of Chiu Yuet, aged 70, widow, who was charged with keeping No. 166, Hollywood Road. first floor, as a prostitutes' lodging house, was estreated as defendant was absent from Court.
ОПЕ
notes.
became The complainant Interested in this and Went to certain premises where the appell- ant had his apparatus for produc- lng the bank-notes and saw produced. Subsequently, the com- plainant agreed to became a party to the manufacture of such notes and put up $21.500 for this pur- pose.
and
Counsel went on to say that a- though he asked for no sympathy in connection with his client the of same lack of sympathy must course be shown. to, the complain- ant. 'because he was an accomp ice. What took place in the appellant's premises was that the money put up by the complainant was wrap- ped up and placed inside a ma- chine. The complainant went out of the room for short time en his return found the machine, which was a box, go up in names and was told that the notes had been accidentally burnt to asties. complaint to the He made no
this incident for Police about three years and only did so when *appe lant was arrested last January for a similar offerice.
GROUNDS OF APPEAL Continuing counsel contended that the conviction was wrong on the following grounds: (a) that the evidence was that of an ac- complice and was entirely uncor roborated: (b) that the Magistrate must have misdirected himself in the matter of corroboration in that he could not have warned
himself in the circumstances as to
Four collisions between vehicles involved damage to property.
IMPERSONATION
Leung Cht Wun, aged 24, was charged betere Mr. Macfadyen at the Kowloon Magistracy yesterday with obtaining money by false pretences.
It appears that the defendant į rang up a certain shop and said that he was Mr. Mak Kwong of the Sanitary Department. He asked the shop keeper whether he had received a notice from the Department regarding Sanitary
the cleaning of his shop
BEGGING
Lam
A. Macfadyen, at the Kowloon Magistracy yesterday for the possession of seven gallons of duttable Chinese wine; possession of a still and apparatus without a licence; possession of fermenting material; and distilling wine with-
Village" cut a Licence, at Sha Ti Yuen
A second man, Li Klu, 34, un- employed, was discharged.
Inspector Chester-Woods was for the prosecution and he stated that about 100 gallons of fermenting material were found.
An order was made for the can. fiscation of the apparatus, wine
and materials.
DOG OWNERS FINED
A fine of $25 was imposed upon Mr. E. E. Warburton, of No. 7 HI- wood Road, when he pleaded guilty before Mr. Q. A. A. Macfadyen at the Kowloon Magistracy yesterday for allowing his brown and white dog abroad at Jordon Road with- cut a muzzle ori February 24
Mr. C. M. Sequeira, of No. 0 Soares Avenue, admitted two sum- monses for keeping two dogs with- out a cence and was aned a total of $5. It was stated that it was matter of renewing the enly a Reences; defendant had licences
fer the dogs but had falled to re-
new them.
SNATCHED COINS Alleged to have snatched fifteen five-cent pleces from the counter of a teahouse at No. 114 Canton Road yesterday. Chan Lee, 38, un- employed, was brought before Mr. im-QA A, Macfadyen at the Kowloon and was Magistracy yesterday sentenced to one month's hard
Charged with begging at Queen's Road Central near the Central Theatre. Lau Kin, aged 60. was sentenced to week's imprison- ment when he appeared before Mr. Balfour at the Central Magistrácy yesterday. Another Shu, aged 58, was also sent to pri- The answer was in the affirma-
'son for a week on a similar charge. THEFT OF FISH tive. Defendant then said that if he was given 810 he would sec
Sentence of two months' that nothing was done. asked how the money was to be prisonment was imposed on Cheung delivered, defendant said that he Ftk, 21, unemployed. when he ad- would send his man Wong Summitted stealing a dried fish from to get it. The person Wong Sum No. 359, Queen's Road Central, be- was none other than the defendant fore Mr. Balfour at the Central himself. However, the shop keeper Magistracy yesterday.
Sergeant Guild prosecuted. gave him the money.
When
W35 Later on the shop owner pressed again, but thinking that there was something suspicious about the whole thing, he report- ed the matter to the police and finally defendant was arrested
His Worship sentenced defendant to 1 month's imprisonment:
the danger of conviction; and (c) had misdirected himself ether in that the prosecution had failed to the matter of corroboration or on prove the offence with which the the point of essential ingredients necessary in a charge of larceny appellant was charged.
by a trick.
Mr. Wiliams in rep'y the
for that the probable Crown, zaid
COMPLAINANT A CRIMINAL Further submissions were that
withdraw this money from the complainant was clearly a crimin reason why the complainant, did Bank?
a in that he agreed to become not make any report to the Po- Plaintiff: Lai advised me to
an accomplice of the appellant in lice during the past three years leave the money there and col- lect the interest at the end of the manufacture of forged bank-was that he realised he would not the year. He suggested that I rates and, as such, the well get any sympathy. borrow the money from him and known principa in connection of the with corroboration and warning repay him at the end
case. Apart must apply in this year.
from lack of corroboration, the prosecution had fallad
<
was
The Assistant Attorney-General
a
Detective-
labour.
WILFUL DAMAGE Tsang Sam, 24, unemployed ap- peared before Mr. Q. A. A. Mac- fadyen at the Kowloon Magistracy yesterday, charged with trespass- NO CASE TO ANSWER
ing at the Kowloon-Canton Rail- Appearing on summons for way Station on Wednesday and was
品
custody.
keeping the ground floor of 123 remanded for 24 hours in police Woo Sung Street as a brothel, L1 Koon Chun was yesterday dis- charged by Mr. Macfadyen at the Kowloon
од Magistracy
the grounds that the prosecution had failed to prove that he was at the time the raid was made on Febru- ary 24 the registered owner of the and floor.
Two further charges of wilfully damaging a railway carriage and possessing a gimlet and a screw- driver fit for an unlawful purpose, were preferred against the accused, Detective-Sergeant Riddell ap- peared for the prosecution and stated that defendant was seen in- terfering with a third class car- riage about 11.10 p.m. yesterday at the Kowloon-Canton Railway arrested and Station. He Was searched and the screwdriver was Defen. Fines totalling $800, with the found in his possession. alterative of six months hard dant had removed the sills from labour, were inficted upon Li Sau- the window and was trying to stuži shan, 23, unemployed, by Mr. Q. A some silk down the window.
Evidence given by the Clerk of the 8.C.A. once showed that the said premises were owned at the time by Woo Fait Sing & Co.
ILLEGAL LIQUOR.
LEAGUE OFFICIALS FOR LONDON
Press” (Copyright.)1
GODLESS ASSOCIATION IN MOSCOW
[Special to the Hong Kong Dally Press Coryright)..
Geneva, Mar. 11.
Moscow, March 11, The Secretary-General accom-
The President of the "Godless panied by several officials of the
Yaroslavski, in aq political and intelligente depart Association," ment of the League, left for Lon- article in the young Communists! don on Wednesday evening in or-paper "Komsomolskaja," declared: der to make preparations for the "The fight against the Church and forthcoming session of the League religion, is not being taken serious
ty enough by certain party-officials" Council there.
and young Communist organisa- Transocean News Service.
|| tippa."
in referring to the question of ac- compice, he submitted that the complainant could not be classed Mr. Prior-submitted that he had
to prove as such because the appellant was no case to answer in that no at-
that the crime was committed atrot charged with the manufac- tempt had been made to show
of ture of forged. bank-noter. He [Special to the "Hong Kong Daily that Lai had authority from the all It was always the duty
was charged with larceny by Bank or that the Bank in any the judge and, in this case, the
trick from the complainant, and way held him out to have au- magistrate, to warn himself of the thority. He then quoted cases to danger of conviction in a case of under the circumstances no cor- The was required. this kind. Even assuming that roboration uphold his contention.
arrested in the His Lordship however ruled that the Magistrate did warn himse'f, appelant was
January fast in there was a
case to answer and there was no corroborative evid-Hotel Cecil on
possession of the same apparatus the case was then adjourned untilence to justify the conviction.
ago, which he used three years April 30.
TRIAL MOST UNSATISFACTORY and that in itself was sufficient
The offence in this case
corroborative evidence,
In conclusion counsel submitted Larceny by a trick, but on looking through the evidence the prosecu- that even if the Court found that the conviction could not stand tion had failed to prove any es- sential ingredients
tnder the charge of larceny by a lead up to the charge. The evid- trick, it cou'd still be pheld un- ence was consistent with the in-der the alternative indictment of focence of the appellant as with obtataing money by false preten- gullt for although the prosecution ces.
Mr. D'Amada remarked notcs alleged that he took the from the machine, there was a'so the two charges were entire y 'T- the probability that he did put ferent and that the Court could them in and burnt them acciden- not substitute the conviction or tally that was the case, the have it varied in any way.
The court rose, after His Lord- benent must be given to the ap
Plant. The tris was most un-ship had announced, his intention satisfactory in that the Magistrate as mentioned.
DONATIONS
S.J.A.A. And Brigade
The Director of Ambulance has the honour to acknowledge with grateful appreciation and thanks the following donations:
Per Mr. G. 8. Kennedy-Skipton District Officer, South (ear marked for Haw Par Hospital, Cheung Chau)," $500.
From the Asiatic Petroleum Co.,
350. From Mr. A, el Arculli, $25.
which
that
CHINESE AMBASSADOR
ENTERTAINED
(Epismal to the "Hong Kong Daily Press (Copyright,}]
Berlin, March 11.
A banquet in honour of the new Chinese Ambassador to Berlin, Dr.. Chen Tien Fang, was held; and de tailed reports will be given later Transocean News Service.
Yaroslavski protested vigorously against this tendency. He stated that the anti-religious propaganda by no means belonged to the past, but that solely "some means in conducting 'it had been altered." The Bolshevist party and Stalin, said Yaroslavski, cannot remain neutral towards religion, but must vigorously campaign against all religions prejudices- Transocean News Bervice.