i
+
ness.transaction.
seen.
IL
THE HONGKONG TELEGRAPH, WEDNESDAY, MARCH 12, 1890.
Every night we had regular watches sel, and each member of the household look his turn of duty. We carried revolvers wherever we went, and gave the two-sword men a wide berth when we met them in the streets; and we were always on our guard when walking about the country, Alarms were fr quent, and I remember one night in particular when the captain of another vessel in port was reported missing, a party of us, well- armed, started out in search of him. After traversing several of the streets and searching the most likely haunts in the settlement, we proceeded to a notable place of entertainment in what was called "the swamp," and there found the causé, of our anxiety, rather the worse for the abundant draughts of raAs he had been taking, and quite uncon. scious of the danger he was supposed to be incurring. While these things were going on in Yokohama, the life of the foreign Ministers at Yedo was by no means free from anxiety, and one or two of the attaches of the legations were assassinated about that time. The capital, remember, was not considered a safe place to visit, and few of the residents of Yokohama had been there. The several consuls resided at Kanagawa, and the trip across the bay was often very unpleasant, as it had to be made in open native boats, some of which were not of consul lived in a large temple which had been adapted for his requirements, and made a very comfortable residence. He was most hospitable, and many were the pleasant dinners we had at his well provided table. His duties were feasts, at which be was no adept, but sometimes more serious functions devolved upon him, and I remember one rather important case corning before his court, in which I was requested to act as one of the associates, when, after listening for a long time to the tedious details, some point of no particular consequence arose,. and rather to the surp ise of every one he remarked in a magisterial fane, "The Court will withdraw for a few moments to consider the point," whereupon leading the way through a door at the back, he took us into his dining room, and producing some decanters, said with n chuckle, "Now, gentlemen, what shall it be p Having settled this knoty question the Court returned to the bench and proceeded with the case."W. S. Wetmore," in the N. C. Daily News.
··(To be continued,}
in the cal nary course by entries in the books, but was het. In order to make up the rest of his deach the prisoner farther drew a cheque, payable to himself, for $3,400 find he made he proper, entries in the book he would have been $10,000, short. The precise amounts he
Smal asking him to come to the office." Freceived Mr. Brandt's letter, could have the wartait. He found the accused sitting has taken, or the time at which he tank them,
Samuel did so, and witness to'd him to go and get the shares. After five o'clock witness sent for Samu 1 again, saying in his chis that if he dil not get the sbarcs that day he would not be responsible for any difference. Samue enne shortly afterwards and said that he could not get the shares--he had seen Bm dt, who had mare "too muchee bebbe y." and he could do nothing more, Witness had the money in the office, ready to pay for the shares. He got. a letter from Brands next day, tendering the shares, but he refused take them. Fiveer six days laver Brandt asked for payment of the difference, but witness said "I won't pay you one cent," for the reason that there had been no tender.
Crou-examined-1 will swear that you did not call on me, or tender the shares, on the 31st October. I never objeded to my share dealings being known at the office. I wrote a chit to you one day asking you not to mention them to a Chinamaa I named, as his father was my security, and it was expressly understood that I was not to trafic in shares.
adjoining went down on their knees, just as is the most substantial character. The Atariican turning away. Brandt said he would deliver the in 'difficultles, because of what he knew of that, Banking Corporation. The prisoner's name is
not able to say, at present, but the fact is and the less clear that he has appropriated bis money belonging to the Bank, which is what we charge him with.
Mr. Pollock obj cted to such a general chaige. bag made it was most preposterous to charge with a general deficiency. The prosecution, of hey could, must show that he had embezzled rome particular sum, on a particular date, and he called on them to do so.
as it was often the custom to deal with the chiefly confined to preparations for his 'dainty then threw it on the ground, telling.me again to | Brande's. The latter says Fukeera told him the: for the prisoner, and I would ask you to grant and'n slip representing it filed 'in the cash-book.
Joseph Samuel, broker, said-I acted for the defendant in this matter. On the 31st October neither the plaintiff nor his broker communicated with me about delivering the shates. At noon the defendant told me to go and get the shares. I went to Brandt and shewed him the chit defendant had sent me, and he told me to mind my own business. As I was shares that afternoon, I told the def adant, and hesaid he was anxious to get the shares. At five o'clock he wrote to me again, asking me to get the shares, and. I again went to Brandt, When I shewed him that chit he read it and thind my own business. We abused each other, and I afterwards told the defendant that I could not get the shares. I had got a letter from Brandt a few days before, intimating that he (Brand) would not have any more dealings either with or through me. That war because I bad recovered several amounts for brokerage from him in this Court. When I called on the defendant after the second interview L saw a bundle of banknotes in his office. On the 25th December I met plaintiff on the Race-course. He wanted to be friends again, and asked me to my in Court that he had tendered the shares but I refused.
Achmet Ramjahn, broker, said-On the after- noon of the 31st October I remember standing near the Hongkong Hotel, talking to Brandt, when he last witness came up, and said that Wong Lai-shung wanted the 50 Sugars, at the same time handing him a chit. Brandt read it, and then said "I don't know you, you rascal," and so on, finally throwing the chit on the ground
He afterward asked me to tell Samuel that I hid bought so Sugars that day from him, (Brand), but I declined,
appeared, and said-1 s.instructed to appear At this point Mr. Pollock, battister-at-law,
a remand.
His Worship-I will do so, but I will go on with this evidence at present, and give you a chance to cross-examine.
Mr. Pollock-Will you please allow me to reserve my cross-examination,
ail riddalently embezzled $3,400 bilanging. Brandt anys that he wrote and personally delivered this letter on the 31st October, hehe Bonkland also having stoich might be mistaken in his memory on that point, sum of $15.600, was placed in the kinds Defendant was ten called. He mid that beer on the other hand, that when the defendant if Detective-fospect ir Stanton, who went down bought the shares, as lated, and was prepared says he wrote the iw letters on the same date, to the link with, M. Herbert, and after to take then up on the gist Ocinder." He rever | which were produced for the purpose of shewinir some delay was called in and told to execute saw Brandt on that day, and sent a ghit to that it was highly improbable that
was mistaken. foj:credly in his bedroom, evidently expecting and the other witnesses were mistakes, Burp rest, Mr. Gray made nestatement, and walked am sorry to say I cannot. The question is Has tip to the Central Station so composedly that one Mr. Brndt come here and paijured himself, or (the Zelgraph representatives, who pasted him is then a fraudulent and wicked conspiracy and the Inspector en route, never suspected sgainst him; to make it appear that he never hat anything was wrong Mr. Gray has been in had the shares? Before I come to deal with tongkong about two and a half years, having the evidence and state my conclusions on this previously been connected with the head branch very unpleasant point let us see what the cant home. He is 26 years of age, and is said tract, was, as to the legal position of the parties; to be a native of Orkney, and unmarried.
The prisoner was brought before. Mr. Wode- Mr. Wotton såld that he was prepared to There is a time contract for fifty: Sugar shares made on the 19th August, for the 3rathouse at the Magistracy shortly afer ten o'clock produce the evidence usually ordered in such October. Mr. Brandt undertakes to deliver this morning, and on entering the dock, to useases, and show that the prisoner's deficiency on that number of shares on that date, and the a well-won phrase, remed to feel his position
he sih inst, amounted to $39, 00. That would delendant undertakes to payfor them on delivery, acutely.
be sufficient. That of course East on the plaintiff the duty of Mr. Walton, who prosecuted, said: In this delivering them in some form, but that condition case I appear on behalf of the New Oriental may be waived, either by an express agreement Banking Corporation. The prisoner was the or by the conduct of the parties in connection Accountant and cashier there, and had for nearly with the matter. The legal question will be three years occupied that position of trust, having whether the evidence amounts to
in a great measure control, of the books and a waiver ort not, because it is admitted that there was portion of the money. Therefore a great trust in fact no actual physical delivery of bas been necessarily reposed in him, and it was she shares. It will be important to bean naturally expected that there would be no breach in mind that, before the due date there of that trust Yesterday it came to the know had heen two executions obtained against the ledge of the manager that he had embezzied and defendant by the plaintiff, one for $1OTO, which made away with two sums, one of $25,600 and had been tardily satisfied by instalments, and another of $3,400. An information was laid, one issued very shortly before the due date, forant issued, and he was arrested. I propose to 3675, which was unsatisfied when the shares. Put Mr. Herbert into the box, to give evidence became due. Plaintiff's account is clear on the Mr. H. A. Herbert said:- I am the manager
bearing out my statement. face of it, in thit, he knew the defendant to be of the Hongkong, branch of the New Oriental unsatisfied execution. On the 28th October he says he sent Fakeera, his broker, to defendant. John Gray. He is cashier and book-keeper, and to ask if he was going to take up the shares.
has been in the Bank two years and eight 'months,' There is no doubt that Fukeera, went, although his account of his report to Brands differs from defend nt was in difficulties, and Fukeera denies it. But there is no doubt that the defen: dant, apparently was in difficulties, under the circumstances. Plaintiff says, too, that on the 31st he saw the 'defendant, and gave him a letter in which he threatened to sell the shares if they not taken up before three o'clock. I that is true it would be ample evidence of waiver by the defendant. The important part of the evidence is whether that letter was ever written it all or not. On the other hand the defendant has produced two letters which he says he wrote to Samuel, his broker, asking him to get the shares from Brandt. The whole case
onthe genuineness of those letters. If they are genuine it is impossible to suppose that Brand's fciter had been received. On the other band there is the unpleasant suggestion that this is really a letter fabricated for the purpose of creating a wrong impression as to the facts, which necessarily involves the conclusion that if that is so there is, as say, strong probability that there was fraudulent conspiracy between the different witnesses for the defence. In looking at the felter which Mr. Brandt says he wrote 'place a great deal of reliance on the fact that he pro daces a press copy of it. It is very difficult indeed-and he was not cross-examined on this point-to concoct a fictitious press copy of a latter. Of course it is possible that it might have been written and not delivered, but I have to look at the probabilities of the case, and if this letter was written it strikes me as being exceed ingly unlikely that it would not be delivered I am driven to the conclusion that it was written on that date, and if that was so I see no reason why it should act have been delivered. It has been said, on the other hand, that on the 30th October defendant told Brandt that he was going to take up the shares, as he was purchasing them for a friend, That is denied. What is the probability of this? Very strong indeed, I should think. If Brandt knew that these shares were going to be taken up if he provided them would. not be do so, and get the profit? He had a choice between an offer of the money of the libility of a man whom he know a bankrupt position. He would have jumped at the chance it would have been a joyful surprise to him, to learn that he was sure to get the money. Iarch a commumcation. had been made it would have been an act of folly to write the letter he did. Judging by the probabilities I should say that he did write that letter, and presented it. With respect to the two letters which defendant says he wrote to Sanmel,
port, it being considered desirable to make as Mr. Francis, for the defence, said that his much of a demonstration as Lossible. This indecase was a com l-ti denial of the plaintiff's cident greatly marred the enjoyment of the re- allegations. It was very interesting to stand at the Custom mainder of our visit. It was so mysterious ! House, and watch the obsequious demeanour of Nothing could be learned as to those who com- the native merchants towards, these little hide-mitted the terrible act, or its motives, and none and-seck officials, called "interpreters." There of us knew but that we might be attacked in the was to the uneducated eye nothing in their sp same way at any momdat, and arrangements were therefore made for mutual aid in case of pearance of dress except that the officials carried swords to distinguish one from the need. other, but the merchants would kneel on the. matting for a long time waiting for an inter prcter to appear, and when one did, down would | go the merchant's head to the ground with the utmost apparent reverence as If to, a superior being,
Such radical changes have taken place since then in the institutions of the country, and the officials have aped foreign dress and manners to such an extent that it is difficult for those who were not fortunate enough to visit Japan in the early days to realise what it was when uncontaminated by intercourse with the outside world, and whitelt still retained its peculiar idiosyncracies in all their freshness. What struck me first and most forcibly when I re-visited this country, after interval of many years, was the complete die appearance of the two-sword men, and the trains of the daimios which were formerly so often The latter were frequently of a very imposing appearance, not composed of raga. muffins, such as form the retinue of a Chinese mandarin, but of well dressed and armed retain ers, each with his chief's crest on his clothes; and, as the daimio was rapidly carried on by his bearers, heralds, striking the ground with long staves, proclaimed his coming, and demanded the respect from the public that was his dut. Then the people in the streets and in the shops done in some Catholle countries when the host is passing. It was with such a train that the unfortunate Richardson came in contact when fresh from Shanghai, and before he had time to learn that it was not safe to treat the Japanese Chinese, and the result was that he was cut down like a dog and left to perish in the road.
A Japanese noble in an ill-fitting foreign suit, looking as if it had come from a cast-off-clothes shop, with coat, waist-coat, and trousers of diffe rent and unsuitable patterns and colours, and with a hat either too large er too small for him stuck on his head, is a vastly the.. same less imposing personage than individual clad in his becoming native garments, tightly girt about the waist, and carrying two formidable swords sharpened to cut like razors and ready for use at a moment's notice. While, however, the one hand it is much to be deplored that the Japanese are giving up their own costume, which is so becoming and harmonises so well with their stature and movements, and substituting in its place a foreign dress, the proper arrangement and re- quirements of which they do not understand; on the 'other hand it is fortunate that the custom of carrying swords'has been put an end to, or the residence of foreigners in that country would be less, agreeable than it is now, as swords were. altogether too freely used, and often drawn on the slightest provocation, so that assassinations and bloody broils were of frequent occurrence.
Japan was in those days, so far as foreigners were concerned, in all its freshness. To them it was like fruit with the bloom still on. Now+8+ days people are prepared for what greets them there on arrival by the innumerable books that have been written about the country, the copious illustrations by photography of the scenery and the people, and the feds of curls and works of Japanese art that have inundated the rest of the world. Then, to the visitor, who fa two or three days traversed the narrow sea that alone separates her from China, the country burst upon him as a revelation almost of paradise. was likeestering another world. Everything was novel, and in marked contrast with all that bad so recently been left behind in China; the picturesquely beautiful and ever varying scenery, In place of a monotonous and apparently inter minable pinin; a people charming in their manner, full of life and joyousness, generally ready to greet one with a friendly smile and salatation, instead of the stolid Chinese with their air of indifference if not contempt: the houser, mode of life, everything so different from what one had ever seen before or had been led to expect. It was more like a dream than reality! Every rose has its thom, however, and ere long we found that, lurking in this terrestrial paradise, there was a danger, which though we had heard rumours of it, we could not believe bad any existence near us, where all 'was so bright and peaceful, whatever might be the cast elsewhere. It is true that, though the people generally seemed actuated by the most friendly and cordial sentiments, some of the two-sword gentry one met would pass with sullen looks and contemptuous bearing, but that we took little note of, and wandered about the country with perfect unconcern, and without ever meeting with any molestation or rudeness, Thus two delightful months were spent ; each day, seemed to bring fresh pleasures, and a keener enjoyment of the nery life, and we were looking forward to so equally unalloyed delight in the month that still
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SUPREME COURT. IN ORIGINAL JURISDICTION. (Before Mr. Fielding Glarke, Acting Chies Justice).
March 6th, 1890.
THE "SUGAR" SHARE CASE, Oscar Brandt sued Wong Lai Shing for $1,200, due on a share transaction. He conducted bin case in person, the defendant being represented by Mr. J. J. Francis, Q.C., with Mr. Phillippo (instructed by Mr. Webber),
The plaintiff in opening his case, said that the claim was in respect to to Sugar shares which the defendant purchased from him and failed to take delivery of. The defendant, who was compradore to Douglas Lapralk and Co, bought the shares on the 20th August, at 8170, for delivery on the 31st October. On that date they were tendered, but he declared that he was unable to take them up, and asked that plaintiff should sell them and charge him with the difference. Plaintiff did so, selling at $126, which left a difference of $1,202. The defence denied that the shares were ever tendered, or that defendant ever said that he could not take them up, or that he asked plaintiff to sell and debit bira with the loss, or that the plaintiff did só sell them, as he had not got them to sell. There fore the only issue before the Court was as to the question of tender. On the 28th October plaintiff told Fakeera, the broker who had sold the shares, to go and see defendant about taking delivery. Fukeera returned, saying that defendant wanted to see plaintiff personally, Plaintiff went, and defendant said that he was quite unable to take up the shares, but he would pay the difference if plaintiff would sell them. Plaintiff therefore sold them, and informed him of the fact, asking him for payment. He asked for time, and plaintiff at length agreed to wait a month, on the understanding that he was paid a separate account of $675 in the meantime. Defendant was in great straits at the time, being actually in the hands of the bailiff of the Court on He gave plaintiff a clock and a promis- sory note for $300. Afterwards plaintiff heard that he intended to repudiate the transaction, upheld in the Summary Court, and be accord- ingly applied for payment of the debt, to which defendant's lawyer replied-Flaintiff then en tered the witness-box and formally repeated this
writ,
Tong Lti-chun, trader, Graham-street, said that he bought the shares in question, through the defendant. On the 31st October he took $13.525 to Douglas Lapralk's office, and gave it to the defendant to take up the shares with.
Cross-examined-He had, borrow $9,000 of it The Court then adjourned.
March 7th.
4
The hearing of the case in which Oscar Brandt claimed $1,200 from Wong Lai-shing, difference on Sugar-shares, was resumed. Mr. Francis, O.C, with Mr. J. Phillippo, (instructed by Mr. Webber) defended.
The shroff, at Douglas Lapraik's said that on the 31st October be took two chits to Mr. Samuel, for the defendant, who appeared anxious to get the shares. Brandt did not come to the office that day. Witness saw Samad give one of the chits to Brandt, who seemed angry, and threw it on the ground. Brandt had previously Been very frequently in defendant's office.
That closed the evidence in the defendant's
case.
Plaintiff proposed to call Mr. Webber in
rebuttal of one statement, and
Mr. Webber stated-I have only said to Samuel, in connection with this case, that Brandt might take proceedings if he liked. That was when he shewed me a letter from Brandt threatening to take proceedings; was dated the 31st October, but, he said, had only just been
received.
Mr. Francis, in concluding the plaintiff's case, submitted that the onus of proof of ddivery lay on the plaintiff, and that there bad been no tender and no waiver of the tender. There was a positive statement", by the plaintiff that the shares were offered, that the defendant said that he could not take them up, and that he would pay the difference if plaintiff would sell them. On the other band there was an equally positive denial of this, and the question was which story was most credible. He suggested that Brandt had not tendered the shares, believing that Wong on his own account, and not for a friend
were
to be in
turas
it is clear that the date on the first has been' since altered, both with regard to the day and the month; As regards the other, which it is alleged Samuel, showed to Brandi, it is s point that the paper is entirely different from any other paper used by the defendant in his office, That, of course, may be a mere coincidence, but it is perhaps worthy of not being altogether passed over. It is only reasonable to suppose that Brandt, aller reading that letter, would have taken the shares round, If I believe it is fabrication, the story of Samuel and Ramjaha must be rejected. It is a conclusion that I regret to have to come to, but in the face of this evidence I can come to roother than that their crepancies in their evidence.] These support me to the belief that this letter was really written and seat, but not under the circumstances alleged by the defendant. I do not rely on it as throw ing any doubt on the plaintiff's statement that he delivered the letter on the 31st October, My, conclusion must be that he is entitled to recover the sum claimed, with casts, fr
Cetub
Witness continued-In consequence of some- thing that came to my knowledge yesterday! look occision to examine the prisoner's books. His Worship is the prisoner's salary paid by the Bank!
Witness-Yes. He receives a fixed salary, found that he had drawn a cheque the previous day for $1,400, for which he seems to have obtained from the compradore, which he put into the chah-box to make his balance right. That cheque 'he extracted from among the vouchers, to that I did not see it the day before. only saw it when I asked him to explain tile matter. I had examined his cash the day before, in the evening, and found it apparently correct. The following morning (yesterday) the compradore informed me that Mr. Gray had drawn this cheque for $3,400, and I looked for it among the vouchers, but could not find it. I then called for the cash- book, and found that the cheque had been entered as paid. I then asked Mr. Gray for the cheque and he produced it. I asked him to explain He said he could not do so. I found at the same time that $25,600, which had been paid in the day before by the Comptoir National, bad not been cited in the cash-book I called that it had been paid to our shroff, at the Comptoir National and ascertained
¡Mr. Pollock obi'cted to this. Witness-It should have been credited, I
asked him why it was not credited, as it was
entered. He gave no aplanation-at least he part of his duty as cashier to see that it was
was incoherent. He salf that the money had been abstracted. He sald, "I am sorry about this-it is money that has been awing for some time." He then told me that he was trying to et assistance to return the money, but had not succeeded in doing so. He told me this in the Hongkong Bank, where I found him. He went
with me back to our Bank.
Mr. Wotton This chique was drawn on your Bank P-Yes.
And cashed from your treasury ?– Yes, it must have been cashed at the counter.
And the proceeds were placed by the prisoner inhia, cik box ?--Yes; that and the other accounts made up the deficiency.
Mr. Follock-You cannot say that--you don't
know.thal.
deficiency in his cash. If he had not drawn Witnest-I can say that it made up the
that cheque, and taken the amount credited to the Comptoir National, his accounts would have been wrong. The money for the cheque was handed to him by the compradore. It was quite regular, as bo was overdrawing his
account....
Mr. Walton-Afterthat, you say be abstracted the voucher 7-Yes, it was in his charge, and bo could easly do that.
Mr. Wotton-As a remand is asked for do not propose to produce any more evidence at this moment,
Mr. Herbert, manager of the branch, was then re-called. He said-The primer is the cashier, and receives all cash paid in, seas that the cheques are in due onder, and proter payments made, and is responsible for the halange in hand. He also has to keep the bill registers, in which bills from different quaters for collec ion are entered. He has also to compare the vouchers of the day with the cash-book of the day, after the Portuguese cleiks have written it up. He has to balance the cish cach day. The vouchers consist partly of slips shewing the nouns paid in to the credit of customers, and other payments, the rest being cheques,. drafts, and cashier's orders, In the case of a among the vouchers. Each day's youchers are stret paid in, a cashier's stip would be placed
filed separately. The prisoner and the com- pradoré have each keys to the safe, and it cannot b opened u til the chief accountant has un. locked the cover to the lock. On the gth inst. a sum of $25,500, was collectable from the Comp toir. If it was collected the prisoner's duty was to see that it was paid in by the compradore, The cash would go into his cash-box. The- slip produced is in the prisoner's handwriting, and refers to the sum of $25,600 to be collected from the Comptoir National d'Escompte." On the evening of the 5th, I examined the voucheri made out on that day, and did not sen that voucher. It should in the ordinary course have been placed on my desk. After a telegram. had been sent to London, 'on the 6th, I again looked for it, I found it, but noticed that it had not been passed through the cash-bock, appeared as $10.551. instead of $36,153, and the as it should have. The balance that day only smaller amount was in the cash-hox. On the 6th inst the compradore informed me that the previous day the prisoner had drawn a cheque for $3.400. I looked among the vouchers for the chique, but could not find it. I found it entered in the cash-book as a payment made. He had no authority to draw the cheque, and no account with which to meet it I sent for the prisoner, and said "You drew a cheque yes- terday for $3.40; it is not amongst the vouchers, where is it? He it in his hand, and gave it to me. I said "How do you propose to meet it ?" to which he replied "I can't," I said "What have you done with the money?" and be replied. "I paid it away." I did not then know of the $25,600. I said "You'd better get the money back, if possible; who did you pay it to" He said "I paid $2,000 to Wallace," I told him to try and get it back, and at the same time sent a note to Mr. Wallace, asking him to call. He came, and we had a conversa- tion about the matter. In consequence of that I said to the prisoner "Mr. Wallace says you didn't pay bim that money what did you do with He said "I put it into cash." I told him it was a serious matter, and I should have to yuspend him and telegraph to London and tell his father. He said "I don't think that is necessary," I did not then know of the $25,60, and thought it was only a matter of $3,400. There had been no money paid on the cheque-it simply looked as if that amount had left the cash-box. Gray had no credit account with the Bank; be owed about $1,800, baving overdrawn, to some extent, without permission, After that the compradore and accountant told me that a sum of $25,600 had been paid by the, Comp- Loir National the day before, and no voucher given, On heaving that confirmed by the Comptoir I applied for a warrant. On return- ing I heard that the prisoner had requested the compradore to wait until four o'clock, before closing the cash, as he expected to get some money from Mr. Chater. I went to look for the Shanghai Bank. I said "What did you do with prisoner, and found him in the Hongkong and
the money paid in by the Comptoir?" He was incoherent for some time, and then said "I don't care that (snapping his fingers) for myself, but I am sorry for you, and for my father and mother," I again sald "What have you done with the money? "He said "It has been wrong for some time-eighteen months." 1 said "How did you do it?" and he replied "Cash was paid for. bills, and put through the books the following day; bills were paid on the 31st March and put through on the 1st April, to the extent (witness believed) of $19,000." I then went to Mr. kong and Shanghai Bank and he told me that the prisoner had not seen him about getting any stoney. Prisoner, Mr. Chater, and I returned to our Bank, and shortly afterwards the prisoner was arrested...
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remained of our vacation. In this we were in consequence of a plea of non-tender being Lai-shing was dean who could take up evidence is false. [He then referred to severaldis. His Worship--There is a good deal of evidence Chater-prisoner promising to stay in the Hong.
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statement.
doomed to disappointment. Late one Sunday afternoon, the captain of a Dutch vessel then in port came in to are us; he was a quiet, amfable, and inoffensive man; and after spending some time with us he left, as we supposed for his ship. A little later, while we were Cross-examined-The brokers on the defen. sitting at dinner, a friend came in, almost dantis side were Messi. Samuel and Reuben. breathless with excitement, with the start Samuel did not come to me on the 31st October ling news that some foreigners had been and ask me for the shares-we were not assassinated in the main street only a few rods on speaking terms, and I would not have from our dwelling. We hastily buckled on our allowed him to address me. All business between revolvers, and, going out at once, were the fint Samuel and myself was conducted by corres foreigners to reach the spot indicated. There pondence, I saw the defendant on that date in we found a group of natives already assembled, his office at Douglas Lapraik's, when I gave him who were gazing with awestruck looks at several
a letter informing him that I should sell the pieces of matting lying in the road and covering shares if he did not take delivery. I had written something, what we knew not, until, lifting see to Mr, Samuel on the 23rd October forbidding of them, we discovered a human hand; another, him to deal with me, as I was going to conclude and we saw an arm and a third, disclosing a all my contracts directly with the principals. I mangled body, which we at once recognized as
do not recollect Mr. Samud coming to me near that of the captain who had left us so short a the Hongkong Hotel, and handing me a letter, time before. A little farther on were more
and my throwing it on the ground. It is one of matings which covered the scattered remains of his romances. He came idling up to me on another captain. Soon the foreign residents begin the 31st October, and I told him to get away. to arrive in numbens, and Japanese of all classes | Mr. Ramlabs may hava sıked me what was the As well, including officials and many of the two matter. I don't recollect meeting Samuel on the sword men, until a large crowd was gathered/race-course in the 25th December and asking upon which numerous Lanterns threw their filcker him to swear an affidavit that he had been Ing glare by whose light the Japanese could be tendered there shares. I had a few hundred seen exchanging uneasy and what seemed to be Sugar shares to deliver on the 31st OctoberĮ pinister glances. We knew nothing of the per can't tell How many from mentory." bard had petrators of the deed, whether it was the act of notice to produce all my books, and have brought desperadoes or the beginning of a plot for the all I have, I had only 75 shares in may possession, general sanasipation of foreigners, which some as I had received notice of any defaulters, but I appeared to think it was ; but, of one thing we could have got more if I had needed them. I were sure, that it was entirely unprovoked. The had not the scrip actually in my possesilon-
feeling of the foreigners present was so strong, and manifested in such namlıtakesbla langu, age and gestures, while the Japanese were to excited in their manner, and those who were armed to aggressive in their demeanour that As the crowd swayed to and fro 1 expected every moment a collision would take place and any imprudent act on either side world doubtless have led to one. Such a catastrophe was, however, fortunately avened and, having taken charge of the bodies of the two murdered captains, the foreigners withdrew day or two after, the funeral took place, with Masonic rites and all the ceremony which the resouos of the settlement permitted, and was attended by the several Consular representatives, the colke foreign community, and the crews of vosssis in
don't think I over, in all my transactions, had a single sham actually jo my hands they were always left with the broken, der
Abdullah Fakeera, braker, was then called Ho sald-In August I sold to Sugar shares for the plaintiff to the defendant, through Messrs. Samuel and Reuben, took no further part putting the transaction, through
William Howell, second bailiff of the Court, produced a whit ef execution for 3010, oblained by Brandt against the defendant Brands told him not to be barsh, but to take instalments, Brand subseg tently got another whit for 8675 against defendant, which, was settled by the execution of promissory note and the transfer, of a clock belonging to defendant,
* väst ölosed the pinístiffs cRBO.
the shares, and, knowing that he was in difficulties, he did not provide the shares. It was evident that Brandt had not got many shares-he did not want to pay any more broker age that he could help, but relied on the inability of the purchasers to do more than pay the difference, in which case tender was unneces⚫ sary. He shewed that by his annoyance at learning, late on the afternoon of the 31st October, that Wong Lab-shing was able to take up the shares, contrary to that expectation,
The plaintiff, in coecluding bis case, left the legal points to his lordship, but contended, with respect to custom as regarded "render" that it was not usual to take the scrip round to the purchaser, a note on the bank or broker being being almost invariably given. Similarly, he was quite justified in dispensing with the services of his broker as soon as the sale had been com- pleted, knowing the defendant's portion, as he had inquired beforehand If the shares would be taken up, and when he did so he had only to write an order on Toeg and Gubbay forthe shares. But there was no intimation that they would be taken, until five o'clock in the afternoon,
His lordship pointed out that defendant had said that be notified Brandt on the oth that he wanted the shares,****
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Plaintiff With lnterest
His lordship —Yes, with interest at eight per cent, and interest on the costs from the date of taxation, som ho nas pa le feudiced 11
IN SUMMARY JURISDICTION
still to be produced. At present there is nothing.
Mr. Wotton There is a good deal. His Worship Still a good deal remains to be proved. I thought you would have been prepared to go on to day. Have you nothing here-no booka 7
Mr. Wotton-They can be got, but I did not propose, for reasons I prefer not to state, to offer any further evidence.
1
His Worship Then I will remand the case, il you both with it, till Monday at ten o'clock
Mr. Pollock-Will your Worship allow bail 7 #Mr. Walton--I must oppose that.". This is a serious charge, and the amount very large. Prisoner was a clerk is a position of trust in (Before Mr. A. G. With, Acting Pulsni - this Bank. At present we bave only discovered defalcations to the extent of $29,000, and that gradually, but it is impossible to say whether We may not--although we hope not-dis- cover others. He had control of the books and documents. It is very difficult for us to say the exact amount yet..
Judge)
March 11th,
d
wwe
ANOTHER BHARI CÂÏE... Adolf Bruil, assistant In the Austro-Tungarian Consulate, sued Theodors. Traulsen, clerk in the employ of Carlowite and Co., los $477, being, the difference on fifty shares in George Fen wick and Company-Mr. Hastings posared for the plaintiff, and defendant.
w is not to attendance. Plaintiff continued that the defendant was com-
Plaintif stated that од the Igih July he sold prador to a leading fim, yet he had produced the shares for the 30th September, at B16. On to letter-book or cash book—he had no books due date, when the price had falle; to 816, de fendant refused to take them, an?; they were at all,
His lordabip--You appear to be in very much sold at a 10
amou it be now the same position, de
claimed, with $6 Pislatiff-Oh 1 no, my cash-book is all right. Ezra Solomon, broken proved the market His lordshipIt is six of one and half-a-dozen ralat tardahl save judgment for $462, with of the other,
His lordship Plaintiff then spoke for
half-hour another after which
His lordship delivered judgment. He said :—
LEGED EMBEZZLEMENT In this case there is a very unpleasant, jasne to which is generally fit to a jury, and bens jury try, because it is a question of oath'against oath,
BTM BANK CASHIER, Á
decide these questions they are not under the THE PRISONKE BEFORE. unpleasant necessity, which is cast on the Court' when the Court has to decide ther of stating Yesterday afternoon (6th inst:)) their reason for coming to those conclusions manager of the local branch'of seems to me am sorry for it, but I am driven, Bank Corporation, applied to say it that it is probable that there was pess forawarrant fi Jury on one side or the others I wish I could adopt. "Mr. John St, Rosa! mom charitable explanation--I with T could embezzlement say "cliner on the ons hand that when: Mril Gray "ll hating}
costa
THE
oflay Grẩy.
'the'gir March
His Worship haveno objection to granting ball, but it must be prohibitive; at least it must be a very heavy amount india
Mr. Pollock-What will you fix it at ?
Mr, Walton I would ask for nothing less than $50,000
Hie Wonhip-Yes, I don't think that is excesive. Two sureties of $25,000 each,
The prisoner was then removed,......
MAGISTERIAL PROCEEDINGS,
At the Police Court, this morning (roth'Inst.), before Mr. Wodehouse, John Gray, 36, of St. Ronaldry Scollay, was charged on remand with embezzlement, Mr. Wotton prosecuted, and Mr. wwrackPollock defended.,
%
to
Mr Pollock called on the prosecution definitely brmulate, the charges agalaat the
prisoner
Mr. Walton-From my statement the other day, which owing to the shortness of time, was necessarily brief, your Worship would gather |that, the New Drienisi Banking Corporation charge the prisoner with taking two sims of moncy-sue of $15,000, and one of $3,400, 15 may state that on the 5'h of this month the prudoler was short in his accounts $19,000 HOn that day the Comptols National paid in '4a5 Góu, which should have been accounted for
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Mr. Watian-Just refer to the October entries, Mr. Pollock objected. The prosecution murt confine itself to some particular date.
Mr. Wotton-I propose to put in an entry In this book to shew the manner in which this embezzlement was hidden from time to time."
Mr. Pollock still objected. The prisoner was only charged with embezzlement on the isth March, and nothing else could be gone into.
Mr. Walton-Should it appear during the investigation that the prisoner had committed oiber offences it is quite competent for the Crown or wheever prosecules to charge him with them also. I am going to shew the machinery of the fraud. In order to have his cath balanced the prisoner abstained from making entries in his books when money was received, until, some times, some days afterwards, and i propose to shew by the books that he made an alteration in one receipt for money by which it appeared that:
was paid in on the 1st October, whereas as a raatter of fact it was paid on the 30th September.. That gave him money to mike his books balance for that day.
Mr. Wodehouse thought that was hardly admissible,
Mr. Wolton. You see it is impossible to polet out the precise dates when the money was taken, but we know that on the 5th March, when we found these discrepancier, the prisoner was $19,000 short. He must have carried it on, and concealed it as he did, by suppressing the receipt of the $25,600 and drawing the cheque for $1,400.
Witness-Every time I checked his cash it balanced, so he must have done that.
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|| Mr. Wotton—I shall shew that that is in itself - an offence under the Ordinance.
Hi Worship-Charge, him with."; It, then, Until you, do I do not think this evidence la worth anything, peeled fo Mr. Wotton Very well, I will charge him with it, then, da sva pod size and duran Winsar continued:-1 charge the prisoner with being deficient $29,000.
Cross-examined--At ten o'clock each morning the prisoner takes the carb out of the suicy and