142
SUPREME COURT. HONGKONG BUTCHERY
CASE,
EUROPEAN ACUQUNTANT'S
EVIDENCE.
24th September, 1890, and for W. Slado, K.C., instructed by Mr. J. H. Gardinor, appeared for the plaintiff and Mr. Eldon Potter, in- structed by Mr. C. E. II. Boavis, of Mossrs. Wilkinson and Crist, was for the dofondant.
THE
Mr. Shido I put it to you that it was supposed by many people in the Colony that the stalls in the Butchory word yours. Thoy sont you orders pretty frequently?
Dofondant-I know that the
whatsoever
to disibuse their
HONGKONG
Witness I could not find it at the time.
Do you remember having a row in the shop with Tatan-Yos, about the power of attornoy,
After you had turned him out of the shop on his roturn from America, he left the Colony again. Did ho subsequently see you again?—I don's recollect,
W18
It
TELEGRAPH FRIDAY APRIL 14
Afterwarde wero you satisfied with your bargain?-No, your lordship, when did ever say 1 was satisfied with it?
What induced you to buy it?-Before I took over this business "was in
YACHTING.
ROYAL HONGKONG YACIET
CLUB
tho The 12th chub races for the market doing business myself handicap and ono design classes in the same line. I was informed and the 4th for dinghies were by Ying Chung that it was a good
;
1011.
OPIUM SMUGGLING.
MANY TINS ON CHIYO. MARU.
There was an important dis- covery of opium smuggling in Honolulu last month, when the "Chiyo-maru" loft for the States. A former Kobe resident now in
inta
RUN ON SWATOW AND CANTON BANKS.
SUCCESSFULLY STAVED"
OFF
Boforo his Lordship tho Chief people know that I was connected
(Tus "TELEGRAPH" CORRESPONDENT:] Justice, Sir Francis Piggott, at the with the Butchery. Even now, Supreme Court Tuesday morning, people send me orders for moat
Canton, March 10. the case was rosumed in which and I sand thomanlong to the But
As the result of a current rumour, a tun has been made on John Tatam, runner of the King hory.
Tang Kee said ho was the sole business and 1 thought I could sailed on Saturday 8th inst. In Hawaii, in the course of a private the Tai Ching brunol Bank at Edward Hotol, is sooking for the
Mr. Shade-You took no stops proprietor of the Hongkong But-make it pay, I was talked over the handicap class seven boats loltor, says: As you know Swatow by its depositors. For taking of accounts of the receipts and disbursdmouts of the long-inds?
into buying it. chory. Mr. Howell had onoshare in
started:Dions, Mr. A. G. M. porkups, the US. Customs uro tunately, the bank had enough Knowing it was doing a big, Fletcher; Iris, Commodoro Eyres, particularly watchful against any reserves, and met the demands of it. Hoacquired itin January, 1897, kong Butchery Company since Defendant-I took no stops one for, he thought, $200. After business you expected it to pay? R.N.; Ada, Col. Chapiann; Kath importation
Honolulu. its customers promptly. The further or other rolief. Mr. M. way or the othor; I wanted to keep that time he not Mr. Howoll. Ho-Well, I was doing business in Jeon, Lieut. A. P. Wodd, R.E putting out of there bound for business as usital. The nowa of While the Chiyo-maru' was Bank has since been doing. as quiot as possible. Being paid the money to Watkins. small way and wanted to do it on a
Colleen, Hou. Mr. Pollock; the coast, the passengers on the the run made on the Tai Ching Government servant, I know I Thoro soma bartering.bigger scalo...
Yousaw that they had European Dorothea, Mr. E. A. Irving hurricano dock noticed a gasolono bank at Swatow spread to Canton was acting against Government Evoninally they were willing regulations and I wished to keep to accept $200, was a customers and thought you night | Ayesha,, Lieut. Rosomon, R.N. Inunch following along astern. some days ago, and widely and the matter as quietas possible. condition that they should go to make uso of his good-will?—Yes. The course was from the Club Shortly before the big liner bogan rapidly reached the oars of the
Mr. Potter That's my friend's the Registrar and that the name
tarting ling, Lyoniun beacon comination on tho after part of the Had it not been for the timely to get up speed, there was quite a
nonsy dopositors. important evidence.
should be chungel before the ultimato Bottlement, A man
starboard), Kowloon rocks (starship, and the passengers noticed issue of notifications by the Pro- namod Campbell was in the But
board). A good start was made what looked like a huge ship's vincial Treasurer and the Tuotai chery. Witness asked Mr. Wat
at 2.30 p.m. Diono lod from the mattress thrown over the rail by for the Promotion of Industries, a number of Japanoso soumen. and the distribution of home bille kius to got him; his salary was
first. Kathleen outsailed Iris, The mattress was evidently buoyed by the Canton Banking Investiga $50. Ho also agreed to pay $15 for rent for space in Mr.
and keptthe second place through with cord, is it floated. The Howell's house to make sausage;
showed a little of her uld form, notified the police authorities ut out the race. Dorothon (lato Min) Captain, being a little suspicious, Witness did not know who paid Do you remember having a Campbell... Woll, ho, paid it to
and finished 4th, Ayeshu 5th, Honolulu by wireless. We learn conversation with Mr. 'Howell in | Mr. Howell, wlio, was to pay it
with Colleon and Ada 6th and now that the police captured the January, 1807, about the But-over to Campbell, at Campbell's
7th, but same distance astern.mattress, and found it stuffed with chory? Yes.
The corrected times of finishing 200 tins of opium.' aro-as-follows:-
Mark to dato.
Defendant was again called into the box.
to
Mr. Potior You woro asked early in your cross-examina- tion
for account
the suddon ineroase in
your salary, Will you explain to his Tardship how that increase was offected? My friond, your Lord- ship will remember, was making u point of it.
Defendant-Part of it was in connection with running the sweeps in the United Club, which left a surplus.-Thorō's" -no other reason for the increase in my income. In January wont up to Canton and on any return to the Colony I found the Hongkong, Butchery Company closed.
Mr. Potter-Is there any other reason to account for the increase? Dofondant- also received
I' -monoy--in-Canton.. through my to Shanghai through which soat.
me.
Continuing, defendant referred to a lottery ticket which won $1,700.
G. A. Watkins was called into the box.
Mr. Potter-You are manager of Watkins: Dispensary?
Witness-You.
You know Mr. Howell?--Yos, he's a friend of mine.
You know Tatum ?—Yes. You word appointed his at- torney some time in Jamary, 18077-Yos (power of attorney produced in Court).
It is agree that on the 5th January, Tatam left on board the 1 boliova
8. PUTHOR.
"Pelicans" you assisted in securing him tho post of purser?--Yox.
Is it true that you and Mr. Howell conspire together to get Talam out of the Colony? It's absolutoly false.
|
Those
request. Ho supposed that Ho- well paid it over. He had paid another suin of $180 also for The Bowrington rent sums were entered in his cash- book (produced). At one time he and borrowed from Mr. Howell $500, but it was paid back within two weeks,
You say they asked for several hundred dollars, at first for tho business; how much did they ask?—$400 or $500.
Tho Court thou adjourned for luncheon.
Koo, who was called into re-entered the witness stand after the box during the morning, the tillin recess...
Mr. Slado--How much did you pay Howall overy month?
Witness-Oh, you needn't be 80 particular.--Suffice it to say that I paid him what was due to him and he paid mo what was due to me and there's nothing outstanding between us..
Corrected
4 30' 0" Diuno,
Kathloon 4 34° 55 -4407 50
65 70 32
15
4 42 30.
18
51
AND SUCH IS CHINA!
THE RECENT AVIAȚION MEETING IN CANTON.
Au oyo witness informs us that if proof were needed to show how hopoloss and helpless the Chinese authorities seem to bo in Canton As therefore Katlileon and when coping with large crowds it Diono have socured-lat-and-and-was forthcoming during the recent
is for dout on's racing, aviation mooting. has been decided not to resnil. the 6th club race.
Mr. Slade Chontedly)-But Iris can't you see, sir, that the point Dorothea 443 54 is how much you paid him? Ayesha This book, my Lord, has been Colleon 450 34
Ada drawn up during the progress of this action.
Cross-examined by Mr. Slade- Witness said he had only made this book up roughly at the end of last Chinese your. This was
Mr. Potter-Oh, Mr. Slade, the only book he lud for last year, you really shemddn't say that Ho Jaad also had one European Do you suggest that the book Acting under the intractions of customer's book, one general look has been drawn up for the pur- at you insorte un atvertise and general books for European poses of this ense
This general book His customers,
Mr. Mr.Pottor-After Yuen Chung's ment In the "Hongkong Tole-had been carried on for a number Slado-means is that something is
apli," I believe.
of previous years. When an old not forthcoming which might Calling in all the debts?—Yos. book got filled it was burned and throw light on the issues of this What was the business sold
a new one was started, old debts case. for?-$200 for the business, fur being taken forward.
A now niture and goodwill.
book was not necessarily for one year only.
system can into oporation Tatam took in the slips and handed them, to you?
Dofondant-Yes.
Mr. Potter-Yosterday, a lot of items were put to you and certain discrepancies wero pointed out?
Dofondant-You.
Why was the business sold for $2007-Because that was the only price that could be obtained for it and I wanted to clear my dot The business was sold to Tang Kec.
+
Consol informed his Lardship that what he wished to point out was the similarity of the sum paid into the bank and Tatum's slip. To whom was the money paid? (To defendant)-Tatum said It was either paid into the Bank. lat
of Cit8- or to Howell, I cannot remember tomors increased by leaps and which. It was eventually paid bounds. Had you ever taken the trouble of finding out the number of customers?.
the number
to Mr. Howell. I don't remem bor paying in notos,
Why was the money paid to
Because those were my in-
Atthis point, witness procended · Howell ? to enumerato the number of customers on the various dates instructions. question.
Mr. Potior-The customors don't soom to me to have intrunsod by loups and bounds. Would you regard the sale of the But- chery at $200 a fair price?
Defondant-YON.
Mr. Potter-How long was the
Who gave you the instructions? Talan, of course."
You went to the Supronio Court Registry?
Yes, only on condition that Tang Kee was to be registered as the owner, otherwise there would
His Lordship-Is it a general thing for Chinoso firms to carry their all paid accounts for ward into a new book and destroy
Lordship--What
4 52 15 20,
it
tion Society, assuring the pub- Tai Ching Bank, and repudiat- lic of the soundness, of the
scenes similar to that in Swatow ing the news of its insolvency, might have occurred in Canton.
CHOW DOGS GIVEN TO RESCUER.
À GRATEFUL, HONGKONG
BOATWOMAN.:
The full square rigged mor- chantman Arrow, which lay in Hongkong harbour for several months, has arrived safe and- sound at Baltimore. As it hold the opinion that "il such a trip had boon made without adventuro navigation is getting a pretty slow occupation for a live man," the "New York Herald" inter- viewed Captain McIvor and asked for his yarns,
It is estimated that over fifteen thousand found thoir way on In the one design class five. Thursday to the scene, but very boats started, viz Hulcyon, fow hail the conscience or the sailed by Mr. A.. B. Rouso courtesy to attempt to pay a. cont W. Bird Alanual, sailed by gathered round, and patiently how he pulled a Chinese child out Bonito, sailed by Mr. at the entrance. The luge crowd
Ho had two to toll, ono as to Mr. A. Buno; Ailsa, sailed by waited for a free performance of the water in the harbour on the Mr. Poller-The suggestion
Mr. R. Sutherland; Daphno, The niass of people woro day they sailed, and the other leads one to boliove that the book suited by Mr. Brown, R.E.
silout and sullon, thousands of about how apprentico Hotchkiss has been propared for the pur-buoy (Sturboard), Channel rocks although the authorities had pro- out of the saine element, so the The course was Moyer's west soldiers wore on the ground, and a fow days later pulled a aliark poses of this case.
Mr. A. R. Lowe, Chartered Ac-(port), Cust rock buoy (port), mised to help control the trallic stories were somewhat similar. conniant, was called into the box. Channel rocks (starboard). The nothing was done to enable the The shark, however, wes caten He said that he had examined the start was made at 2.10 p.in. All Aviation Co. to collect revenue by the Japanese crew, while the books of the Hongkong Buteliery he boats were close together at from the crowd who filled the en-mother of the child, a local bodt. Company. He had been through the first mark, and when rounding closure. The bulk of the so-called woman, gaye two clow dogs to the lodger, ink-book, pass-book Ailsa and Bonito collided, the soldiers were on the ground eager the Captain. Both are alivo and and other books of the Company former carrying away her bowy watching devolopments, or doing well. He had made up the profit and sprit, which throw her back con in the tou-shops enjoying them- loss account and balance sheet for siderably, and caused her to lose solvos, utterly oblivious of re- the first four months' trading. - all chance of the race. Haleyon, sponsibilities or duties.
Mr. Potter at this point wont sailing well, led the whole way with witness through the profit and finished with two minutes in it.
and loss account iten by item and land. The times are:--- Mr. Slado (to witness)-Did I found that the sum of $3,419 was you pay Mr. Howoll commission duo tollowell, made up as follows: of any kind at all?
-Cash paid in $5,000; loss thren payments on account of $1,500; goods supplied $81; which left $3,419.
the old book?
Witness--Yes.
Mr. Slado-It is a very common thing?
Mr. Potter-It is a very unusual thing, my lord. I have nevor lourd of it.
His Lordship—I have heard of
WitBoss-No.
Has any commission of any kind over been paid by you to Mr. Howell 7-No.
At this stage of the proceedings, Did you over makeupa-balance | Counsel read a statement which sheet ? No, it is my own busi-was affixed to the accounts by business closed before it was re-
be no salo.
Mr. Stade Did you make in-balance sheet?
Hoss and why should I make up a ↑ witness to the effect that the ac- opened?
Defendant 600 it was requirios as to the state of the bus
I'll tell you why: because there oponed on the 15th January. inoss at any time previous to its you employed people in the shop
Mr. Potter-So that customers sale?
on the same forms as other
noks was closed 2———
Dofondant-Yen.
C. A. Watkins was called into tho box.
had to go elsewhere to buy theirWitness-None-whatever Chinese-that is to say you gave moat during the time the basi-understood from Tatam and flo-thom a bonus on the profits at the
well-that-they wanted the busi-end of the year ?No. ness to be sold.
Didn't you pay your people a Do you remember Tatain com- bonus at the end of the year? ing back to Ilongkong on board Yes, I gave them--a-bonus of Mr. Slade-Before we take wit- the "Gaelic," I think?"
$20 or $30 every year-what I 1 remember im returning to called "cumsha." ness'ovidence, I would like to have Mr. Howell in the box. Absolutely the Colony but I don't remember now information have been re-either she ame of the ship he coived by us five minutes ago, 1 camo on or the duto of his return.shoj?-No; not according to the will ask permission to call lowell Tatam saw you in your shop? into the box and, if necessary,
his evidence will bo supported by Watkins.
Mr.Potter-It's rathor peculiar application to make, my Lord. My friend should tell us.
His Lordship He can't tell me. Mr. Potter-He can tell me. At this point Mr. Slado ongaged in conversation with Mr. Potter.
Mr. Potter-It's for your Lord- Bhip to decide.
His Lordship-I thought I saw a frown in your eyes! (Laughter) Mr. Pottor I was merely per spiring, my Lord! (Laughter), It's rather annoying to have your caso broken into suddenly. Of course, if your Lordship is infu- enced by my smiles and frowas, I shall only be (Laughter)
too happy
Mr. Slade-Is it true that you havo, since the closing of the But chory in 1800, received orders, for moat in the Registry of the -Supreme Court?
Did you pay them that bouns on the amount of the profits of the
amount of the profits. 1 gave them a certain "bomis.
Your business has been a sue- cessful one from the beginning?
Yos.
And asked you for accounts? llo did not. Do you loan to say that a man-Middling, who gives you power of attorney and goes away does not ask you for accounts on his return?
·Tatum had alrondy had all the particulars he wantod from
Howoll.
Didn't he ask you in your shop for the accounts?
He did not nak mo for the accounts.
Didn't you tell him he was not entitled to have them?
I did not.
Didn't you turn him out of the shop and practically threaten to have him ojected by a policiaan? 1 told him I would not return to him the power of attorney I held. I hold powers of attorney for several people and I'll never return them ou any account,
You made money every year from the very beginning?-Some- times yos; sometimes no.
counts fairly disclosed the busi- noss of the Hongkong Butchery Company. There was no evidenco amounts. of bad debts other than small
(Towitness)-That was the con- clusion you arrived at after you hat inspected the books?...
Witness-Yes.
In your opinion, was the loss attributable to the withdrawal of capital by Howell?
No, Howell always paid in more than ho took out, oxcept in De comber, when he took out $500 and paid in $500.
Do you think the business was upset owing to the withdrawal of capital?
His Lordship--This has nothing to do with the question of capital. Mr. Potter-I meant to ask the question, Have you nude money from His Lordship-It's clear that the beginning every year? the balance-shoot doesn't touch Some yours
I lost. When busi- the question of capital." ness was slack I lost.
Mr. l'atler-I put the question Looking in that book can you to witness-Do you think the busi point out any payment to Mr.ness was upset because of the with Howell? No; there is a Re-drawal of capital? esived No. 3106-$6,31 Mr. Ho Witness-That's not possible, because Howell paid in more thun he took out., I've checked the balance sheet and find it correct to a cent. Tatam's no- count is $1,570.84,
wall.
Mr. Howell has told us that he was in the habit of giving you cross-choques?—Yes.
For how long? I think sinco 1903.
Did you start those cross-choque transactions with Mr. Howell as attorney or with Mr. Howell him- self? I cannot day,
Did Mr. Howell over receivo ordors for you and send them to
His Lordship Why not? Witness-Not by any chance. Defendant I might have dono Thoy can have the thing cancell-your stall?--No. so I cannot say, I know that | od but I'll never return them. Mr. Sethi, the former Registrar, Mr. Stade Do you remember Was a 'oustomer of ours and fre- tolling Tatam two months ago quently asked me to send meat to that you hand lost the power of at- him to Macao,
torney?
Don't you remember him pas sing on orders to you by bringing people ?-Novor
The Chief Justice You bought this business in 1897 ?
You tell us that you have traced the súms and found them cor rect to a cont?
The dobit account.-Yos.
Actual
Halcyon 4. 15. 10 Bonito...4. 17, 10 Alannali 4. 17. 43 Daphno 4. 19. 14- Ailsa 4. 25, 30
Marks up to and in- cluding 11th Club Race, 00 32-1.2 21
TRADE IN THE EAST.
So disappointing was all this to the promoters as well as the aviator The export trade from Northern and it was found imperative that China is reported to be very slack; the ground should be enclosed mainly, no doubt, because of the with a big twelve-foot mutting plague. The import trade, on the pallisade. It was naturally in other hand, has become more ferred that this would tend to active. During the severe portion augment the receipts at the gate. of the winter imports are almost But as the next day wore on, it stopped, but now that spring is was found that along the whole approaching they have begun length of that two miles of rail again, and no doubt the stocks woro Chinese heads, All kinds on hand in the large towns are As there is a protest by Ailan of devices had been brought into against Bonito, the marks gained being, in order that they might in this race cannot be stated until have a glimpse of the whole field after the matter comes before the free of charge. Recks, miniature yachting committee, but in any sandhills, anything and every Case Halcyon takes first prize. thing was being used as a stand She had 9 wins out of 12 racos, a | which might sorve as a suitablo fine record, and Ailsa gets second prizą
37-1.2
There was quite good racing in the dinghy class. Five bonts started-Black dingly, Mr. O. B. Howe; green dinghy, Mr. Hunter (sailed by Mr. Shiolds), pink, dinghy, Mr. W. B. Marshall; red, dinghy, Mr. R. F. Long; light blue, dinghy, Mr. Capt. Arthur (sailed by Mr. Denison).
youtage ground. The neighbour- ing hill was described-by-our-in- formant us being a hill no longer! There was nothing of it to beseen; it was a mass of human beings. Rudely erected tents had bean pitched immediately outside the pallisade. Ancient-looking Chi- meso, with their many wives, vied with the younger men for a suit- able position to view the progress
1
run down. By the way, it may be interesting to state that Vladi vostock is just now doing a fairly good business. The port has suffered very soriously in couso, quence of the war with Japan.→
The Statist."
•
NEWS FROM THE NORTH.
(FROM "N.-O, DAILY_Nawn.")
POLITICS IN-RUSSIA- London, April 7.-The Russian Council of Empire, by ninoty oight votes to fifty-two, hosadopted the interpellation which, while The course was Meyer's cast of ovents all free of charge, bowing to the will of the Tsar buoy (Star), Cust rock buoy (star- Officials galore walked in with charged the Government with a. board), No. 1 Dock buoy (star-numerous if not imposing rotinu breach of the fundamental laws of board), Meyer's east buoy (stars, all kinds of unwashed lade the Empire by its action in con- board), No. 1 Duck buoy (etar swolling the crowd and carrying nexion with local government in board), Mayor's cast buoy (port) banners. There were hundreds Poland, and demanded an Light Blue, well handled by the within the enclosure and hundreds oxplanation. This interpellation old hand Mr. A. Denison, outsailed occupied the five-dollar scats, but was the first (of its nature) in the all the others, and finished about 5 very few parted with cash. The history of the Council of Empire. ninutes ahead of the 2nd bont presence of the police and the Speakers who sided with the ma (groen), Tho times
soldiers hund little or no effect on jority declared that Itussis was follows:-
the huge crowd, and it is for entering upon a new era in her tunate in the estimation of strugglo aguist reaction. our corespondent thut по CHINA AND THE TELE- untoward event occurred to
*GRAPHS. prevent Mr. Van den Born from making most successful flights.
aro OH
Marks to date.
0
Light Blue:., 4 1. 10 Groen ...... 4. 5. 50 12 Black...4.0.40 15 Pink not timed 6 led.........
3
Peking, April 7--The Chinese Telographs administration, in view of tho intimate working ar- In a city which gives such rangements with the Eastern flagrant examples of non-control, Extension and Great Northern for yachts stored by ladies on the of one of the higher officials dis- csivo £500,000 advance on tho It was intended to hold a race and a city where the body-guards Companies; has arranged to re- 17th, but the Committee have de- played the most despicablo cow-foreign traffic dues of the next
Correct to 2 cents (Laughitorioided to postpone it until the 22ndardico in the hour of danger, little eighteen years. Half-yearly ad
I'm much obliged (Laughter). Since we have an export in the box, we must be correct.
Continuing, witness agid that apparently there was money com- ing in, olthor in Howell's hands or receivable, which was paid into the bank in June..
instant.
Mr. Jupp has kindly prosented a cup to be sailed for by craisors, and Hon. Mr. 11. Keswick two cups, one for all racing boats be longing to the It.f.K.Y.O. and the CYC one for cruisers be longing to both clube,
can be expected of real progress justments of the principal ure to or officiency for many years. There may be the outward vencor, but
that is all.
T.
Count Rox, the new German ambassador to Jupen, wä
be made, and the advance is to carry interest ut five per cent which the rates at present cover It is stipulated that the only to be utilized for this ment of telegraphie phones