144
SUPREME COURT.
HONGKONG BUTCHERT
CASE.
EUROPEAN ACCOUNTANTS
EVIDENCE..
THE
HONGKONG
TELEGRAPH
FRIDAY APRIL 14 1911
The Judgment. Ilis Lordship in giving jugs
Thousands of Chinese visitod the graves of their nicestors on Sunday, particularly in the neigh bourlinod of Mount Davies. The Pokfulam Road was crowded for. many hours.
Liout. Houry Reilly, of tlie US Army, has arrived here on his stationed in Manila for many Way to the Staton, Ho hus béáni,
Your corrections! I should you say I am going to be a partner
Continuing, Counsel said there take his (Tatam's) word for ovary of evidenco which wont a long way Major Gilbert Praga liko to know the number of altera- | lu the company. According to was an item for butter sold in Jan. statement he made. It was only to support their position that luns boen ordered to embark for tions. You said the only thing his friend, Howell was connected which appeared in Barker's ac wlion Totam was cross-examined Howell was closely connected in passage to the Minotaur correct about them was the add with the business and the count, as butter sold in Decoms by him (Mr. l'otter) that it same some way with the Butchory Vice-Adinizal the Hon. Sir Hod- tion. I should like to know tie evidence which he put forward in ber. Ho did not know whint out that Tatum himself kopt the Company and tut he had not worth Lambton, K.OB KC.VO
in most important accounts. The divested himself in January 1807, has been promoted to Admiral. mumbor of alterations you made support of that was the cashing the suggestion was ins as a matter of curiosity."
of cheques for Tang Koo and the outcome of Barker's entry of the paly conclusion lo could arrive of the whole of his interests in
Mr. Poyton-Grifin, of South at was that Mr. Sludo did the Butebery but had retained mi Witness, (nftor counting)signing of a ohit for the Ico Com $200.
pany. As to the ownership they His Lordship-Tho suggestion not know anything about it. interest in it down to the present end-on-Sen, arrived in the Colony Before his Lordship the Chief Soventy-two corrections.
Mr. Sludo-Some of those cor fund the ovidence of Watkins, Ho is that the sale of the business Tatum has carefully concealed itay. In conclusion, he went into Wednesday from Home to join Justice, Sir Francis Piggott, at the
from him. As to Howell's offoring the details of the accounts, which, the staff of the "Hongkong Tole- Supreme Court Thursday morn-rections are morely corrections of woll und Tang Keo, and his friend never took place. ing, thocase was resumed in which folio numbers. However it does wanted his Lordship to find flint
Mr. PottorThat suggestion to pay half Tatam's lawyers' foos ha contonded, had been white-graph" those three men had gone into the was aoyor advanced during the at that time the action of 1004 had washed by the defendant's export John Tatam, runner of the King not.mattor. It is immaterial.
Mr. Potter than resumed his clor box and deliberately perjured whole progress of this action. not commoneod und what the witness, Mr. Lowe. -Edward Hotel, is seeking. For the
taking of accounts of the receipts ing spooch. Yesterday, hesaid he thomselves. Watkins said there Proceeding, Mr. l'otter said that lawyers' fees wore for he failed to and disbursements of the long had got to the allegations that was a sale and he carried it out, it had not been miggested to Tang 600. So that Hill's story was, kong Butchery Company since there wassale and that Mr. Howell Tang Kes paid the money to him Kee that there was no sale.. Why ofter all, trus, although there 24th Soptombor, 1800, and for was a part owner of the long and lio gave Howell a chequo, was the question not put to Tag would be no reason to supposemont remarked that the case had furthor or other rolicfr. M. kong Buteliory Company. Before That cheque had been paid into Kes if, as was suggested, thoro tunt because he was a brother-in-boon fought out with consider-;- W. Slade, K., instructed by Mr.going into that, there was one the bank. So his friend wished hind hot no sale? Why was the law of plaintiff, he would coinoable rancour on both sides, and Gardiner, appeared-for-the-point which he would like to call him to and that Watkins had question not put to Tang Keo if, forward and relate a false story, he was not surprised at it see plaintiff, and Mr. Eldon Potter, into his Lordship's attention. Ho perjured himself and it would
as Mr. Slade suggested, Tung Koo Ho subuilted that each and everying the serious allegations that structed by Mr. C. E. 11. Beavis, would find it in the cash book." follow that both Howell and Tang was not telling the truth? There allegation made by the plaintiff in had bou do against
Borneo, Siam, and Indo-China. of Messrs. Wilkinson and Grist, was significant that the com- Koo had committed porjury. His was overwhelming evidence to dis tit-case had failed utterly public administrator. His own years, and has been visiting mission paid by Yuen Ching Lordship was asked to find that prove all the allegations and Plaintiff could not ask for ue-attitude towards the case was was for the defendant.
Captain A. S. Crosswall, The Continuing his address after gradually dwindled toward the although Tatam had not been able every suggestion that had been counts, because he had them that ho had insisted upon we had gone to pross Wednesday, no when he gave up the busi to give any evidence, to support malo by Mr. Starle had been The accounts were shown to be every point boing thoroughly Buffs," na been, dotailed for n Mr. Fottor, said this the plaintiffness. There was a falling off, and that allegation, and the only complotoly answered. The truth true and further showed that olucidated. There were many tour of duty with the 3rd Special had apparently so instructed his that must mean a proportional evidence he had in support was of a plaintiff's caso could be plaintiff was boavily indebted to things which required explan- Reserve Battalion, Canterbury, in falling off of the gross accounts the cashing of choques, the pay-woll tosted by his statement Howell. There was very good ations such as the matters rofer-rolief of Captain P-8. Harland, Counsel that thoy lund mixed up what took place in January, 1890 received by Yuen Ching. Andment to Campbell and the lettor of claim, and where it was roason to suppose that Howell ring to tho choques, and he must who has exchanged to the 2nd and January, 1897. The state (consol) thought a fair in- to Johnson. Take, the cross-exalont that the statement of lund never boon connected with say that Howell's explanations Battalion, Hongkong. Captain ments were wholly misleading. Ching did not find it
ference from that was that Yuen amination of Tang Kec. They claim was untras, then the case the present Butchery Company, had not been altogether satis Cresswell joins at onco from tho
was called him the owner of the failed. It was alloged by the Each and every allégation of factory, He did not think that, if 1st Battalion at Dublin. The whole thing wash mixture of
The Admiralty has approved of a facts and dates, What wera tho true.very fair arrangement for him business, and he said "I am the plaintiff that Howelf had landed, frand had been disproved utterly.Tatam hud had a legal advisor, MR. SLADE'S ADDRESS. the sale would have gono
week's additional leave bbing facts of the caso? Io would call give 5 per cent upon the gross sole owner." He asked him to him threo accounts, which to
ns it did. Ho thought that Howell Mr Shade in stating the caso thomadmitted facts. The business receipts, He then came to the "His Howell any concern with his knowledge were false and
orned shallow-draught, stenmors of the Hongkong Butchery Com-question of tho alleged fraudulent the business" and ho replied fraudulent. They now know for the plaintiff said that they land was to blame both in his own in-granted to the half crews of the walo and theallegation that Howell No. Nona whatever." In cross-that the accounts which had been listened to Mr. Puttor's lengthy teroat and in Tutam's. The evi- Woodcock, Woodlark, and Wid was a large owner or sole owner examination the question put was delivered to Tatum in January, address, in which his friend at for him to say there had been a defe Far East in the cruiser Cres- pany was started in October, 1895,
dence was not sufficiently strong geon, who are returping home from and Howell - advanced KÖINU $1,500 by way of capital of the Hongkong Batchory this "lave you over paid Howell | 1897, wore nothing more than a tempted to throw cold water onbornto frnd upon Tatam," ILiho | cent on completing two years' Docomber, mooting was hoki in Cumpay. What was tho ori-a corumission" and Tang Keo slip of paper on which appeared what he (Mr. Putter) would noetion were brought, those allega sorvico on the China Station.
Howell's house. The accounts were examined on soveral occasions
Whether thero-was-profit-or
acted asho did. Paintill admitted“
defondunt,
1
接
The cruiser Kont, Chinn'
a cruise through the.
Wo have recover from the
the, lettor which has already appeared in our morning con temporaries on the subject of the need for adequate supervision of sampans and launches owned or hired by boarding house keepers" with a view to minimising the obstruction they, causa to stomi
Chamber of Commerce a copy of
which the plaintiff had denied that he hul. Titat suggescortain drawings made by Howell," doubt be pleased to torm fallacions enco called before them to prove those tion, was not made to Howell. No suggestion warnow advanced facts by a siethod of ingenious tions lead to bo madound the ques tion was whether hecould find they and, in lowell's opinion, the busi-allegations? -Firstof all there were Pint was the, furthest his friend that theso, accounts were false reasoning. Tatum knew nothing had been proved. No; ho could Squadron, is absent from tho
Campbell's payments. Well, they would go, when he had tho pro-and fraudulent, nor could there of his own knowledge from the ness was not doing well. Howell had had explanations, explana-prietor of the Hongkong Butchery be. Fortunately, they had been time ho left the Colony in Jan, not. It was the most serious flag ou told plaintiff that he would not tjons given by. Campbell, flowell, | Co..in the box. Tang Keo had ablo to secure the services of Mr. | 1897, to tho time ho returned to charge that could. ho brought. islands of the Pacific. Sho was continue to finance the business and Tang Kee. Ho'supposed the froduced his book and bo, Howe, who was of the opinión | The Colony two years Intor. He gainst a man: Howover diffident recently-at-Honolulu-"showing- loss, Ikawolf was entitled to live on to be made by his consol, thought his Lordship that the accounts, so far from necessarily had to glean whatever he might feel with regard to some the flag" at a port over which friend was that, because Howell was sutisfied that it was a book being incorrect, were quito correct facts he could from his friends, of the itoms, and concerning the Union Juok slwuld luve been that. They found Tatam himself paid Campbell, he was a share which was well and properly kept, and the only thing which was The sole question to a decided some of the explanations which flying had it not been for the holder in das Hongkong Butchery although his friend suggested that wrong about them was that was whether Howell had divested were not altogether satisfactory, Little England policy of succes arranging with Yuen CC. It was a payment made it had been propared for the item of $200 had been himself of the business. Iter yet he was bound to hold siyo Chadstonian administration. Up to that time there was to
"Is London, muses the openly by cheque, so that it could purposes of that action. That pat on the wrong side and the departuro of Tatain, Howell that the clurge of fraud had not room for fraudulent representa be traced. It would have boon vory was a suggestion without quest instead of $1,400, the had unt entirely divested him- been made out. Therefore, judgRevista" (Roma), "a beautiful tions for lowolf. Ho had a lot at stake. 11o had capital at stake muke to payment by cash particle of evidence to support it, plaintiff owed Howell $1,000, self of the business, it hadnt must be for the defendant city, or the contrary!" Holding and that could never liave bom It was not suggested to Howell Tho recounts had been tested by retained for himself secretly with costs. But ho thought your breath, you almost fear to and there was no reason for mak-traged. Tho nost point suggested that he was in conspiracy with an expert and had not been found any interest in the prosent but-roat deal of the case and the read further. Having got over
length of the examination which ing fraudulent representats by the plaintiff was that Howell Tang Keo to dofrand the man, and wanting. The export dared not chery as it had been carried on
your panic you find in the next and, in fact, it was not now cashod a cheque for Tang Kes. for the purpose of assisting him challenge the accounts. Aftog nit was being carried on, tho had been necessary, had been paragraph, "It all depends upon gosted that in Docomber, 1895,
Howell says "I did and then in the conspiracy he and Tang all, that was the foundation of tio defendant was linble in that brought about by the more than the visitor's standpoint and his or January, 1890, he had and ninkes a mistake himself saying Keo had prepared the book. It plaintiff's case, for ho claimed care. What was Howell's post: They did not come under the rule thing about the "Revista" is its injudicious acts of the defendunt, notion of the beautiful.” Ono fraudulent representations. Theroos, Fearhart choques from the would be idle to suggest that that he was entitled to have the tion in 1897 and now? I was of misconduct, but a great deal of brilliant inability to tie itself they had a gentleman who pro very beginning." Now they found Tang Keo mundo such a book in accounts. Howell when in the Government servant and was fossed a vast amount of ignorance he rat mule a mistake, for the 1909, 1900 or 1910 without box could not explain the neprohibited anker tho rules of trouble Indone from in down.: onteflifg into most important first time ho eashed a checno for having been approuched by the counts, as he was not an expert service from engaging in abuse would therefore makona equi- financial arrangements with Yaten
Tung Red was in 1902,
So much for the accountant, just as any otherness. They knew that he stated tablo order that the defendant Chung He did not think his
Counsel was hore corrected and allegation of the fraudulent sale of ordinary person was not an expert in the box that he was trying to should pay to the plaintiff the Lordship would accept his state- ment of total igyono. Plain-then said, "There was one in the business, which was disprov accountant. All he knew was keep quiet in the matter. Al- cost of three days of the trial.
Mr. Potter: I take it they will tiff was careful mako a very 1900 and then 1903, One was ed by treo witnesses that Howell that lie had paid evory cent le though a good many people in tho
bo sot off.. good bargain with the com- cashed by Howell himself and the was a part owner of the long-hind received into the bank. The Colony knew it, he did not wish
His Lordship: Cortainly. Ile accounts could not be explained the matter to become known pradore. So far, whore were thus others by his attorney. Whilst le tong Butchery Company. frauds and misrepresentations? was on that point; he did not submitted that they could not till Mr. Lowe went into the box more and, apart from his position
HONGKONG DAY They did not exist. The plain know whether his friend intond-have a more completo failure of and then they were explained fully. as a Government servant and his
BY DAY. There were other minor points relationship with Tatam ho con- tiff's principal allogation was thatod to make a point of it. What any allegation."
His Lordship-Thoro's one im- which had not arisen on the pleuil-tinued to keep quiet. If, as they there had been no sale of arguments his friend intended to business. That was the position found on this he could not con-portantallegation I would like you ings but had arisen in the course suggested; and, in fact, were go- He had been forcol into, bocauseceive.. le supposed he intended to deal with, regarding an entry of of that action of the power of attoring to prove, lowell had got Tid if there had been a salo, it did not to say that Howell must be a part- $200 made in thonecount book us noy. The power of the attorney of the
in that caso was given for the which left plaintiff in the cold matter i jot whether Howell was nor or else those payments would beingjaid in December. the owner of a quarter, half or not have been made. If that were
purpose of winding up the busi- and flowell in the warm, then three-fourths of the business. As to be sufficient ovidence of a part-
ness. If Watkins had exceeded the that was another great reason for A Fong sands us a photo of the a matter of fact, Howell did not nership it would be ensy to prove
powers given, plaintiff's remody secrecy. It was therefore very difli- successful flight of Mr. Van don own one cent in the business, a partnership, and it would also
lay in the bringing of an action cult to prove defendant's conuce-Born at Canton on the 6th. The Chief Justice said that he that court and prove he was a bo easy for any man to come to
against Watkins. It was certain- tion with the business. It could
Young Ki Chung, shroff of the
Advertisenonts had been put to Howell showing that the "China" arrived on such and such a dato and butfor was adfortisod as be- ing-sold. When lang Keo was in the box his friend did not ask him one question with regard to the butter incident. He did not. ask for any explanation as to the lottor admittedly written by fo- well in 1908. The last little bit of evidenco was that Howell had signed a chit for the Hongkong lee Company. They knew a chit was signed last March when lowell knew that the man was claiming that ho, Howell, was the
谢
Mr. Putter-Oh yos, I'll 'deal with the point shortly.
His Lordship Oh, no, shortly. I would like you to with it fully.
not
den
business 011 terms
Business is reported to be very quiet in Macao. There are a few visitors still there.
HMS..Kinsha and Woodlarkers outside the harbour. The matter is one that cortainly needs the attention of the authorities. left Shanghai on the 7th inst
delivered his decision at the His Lordship the Chief Justice
Supreme Court Thursday morning in the Bankruptcy action which. brought by Mr. A. G. M. Flot- chor, Official Receiver, in whichhe sought for a certain payment
noticed that the large amount was partner if he wanted to do 60 point was 60 important: Burke raised in that netion, which was of such errors of judgment which ten days ago with about $1000, creditor to Messsis. Melchora
Mr. Pottor-I did not think they not a question which could be onlyle done by taking advantage Hongkong Club, absconded about which was made by a Chinese-
in January.
MF. Slade: It turns out on the ffice of the ledger that the small account was in December and the large account was in January,
Mr. Lowe on being recalled said lo understood that Mr. Slade took out the figures.
Mr. Slade- jotted the figures down and they were added up by
an accountant.
Witness: The only correct thing about them is tho adding up. I ivant to understand where the errora come in. Will you plonso answer my question plainly with out comment? In the books,
"
His Lordship The important point is that Barker made up the accounts from vouchers.
Mr. Potter There has been no suggestion made that prior to the sale of the business in January that Howell had conspired with Tang Kos or any other person for such sale.
:
?
a claim for accounts and contain-Howall might have displayed from
The Crown Colonies will be re-and Co. to be set aside on put down the sale of butter ined suggestions that there had 1897 onwards-errors of judg-
ground of fraudulent: occinber which really should been no sale. For the sake of mont which were automatically presented at the Coronation by the have been in January.
argument, would assume recorded, so to speak, and which six governors or ex-governors ro- preference. His Lordship, hold that Watkins land in fact ex could be produced. What were prosonting-six different groups that there was no fraudulent pre- coeded the powers given him: the definito fucts of the case Lieutenant H. A. Thewles, ference and dismissed the motion. Even then, the plaintiff was They know about the appointment "The Baffs," has bean posted to Messrs, Deacon, Looker and Dea not ontitled to bring an action of a new manager. If the infer the 2nd Battalion, Hongkong, on con appeared for Masers. Melchera against the wretched man who rence was correct that Howell and restoration to the establishment.nl Co. and Messrs. Wilkinson bought the business; lo might Tang Keo were in conspiracy Mr. A. G. Leo, acting second and Grist were for the Official
Receiver. ho entitled to bring an action together, not much credence class draughtsman at Devonport against Watkins, in which case should be attached to Tang Kee's Dockyard, has been appointed
A very pleasant-ovening was they would be able to meet it. evidence. The effect of an expin-established second classdraught spent at Kowloon Dock on Thurs- His Lordship Tho suggestion Nono know botter than Tatam nation diuinished when a whole man at Hongkong.
day evening, when the bachelors himself that ho could not hope series of facts had to be explained Thess. Mongolia, duo.on 21st word the hosts of the married has been hung on all along.
Mr. Potter It should have boon for success in an action of that away. The evidence for the defouce inst., brings thirty members of members of the staff and thoir more than hung on. It should kind. Counsel touched upon the from the eminently unsatisfactory the Chicago Chamber of Com-friends. A distinct feature of That's all that interests mo. 4 sole owner or largest owner in the have been put to Howell speci-question of undervalue. All the nature of it showed that the do- merce. They intend to study the evening was the orchestra
customers of the Butchery hand, fendant was trying to conceal his trade conditions in the Far East which was in attendance, com-27. There is a balance in the books Hongkong Butchery Co. Further-fienlly.
The total output of the C. E. &posed of members of the Dock for January 31st; why did you not noro Howell was eashing cheques At this point, à cortain docu-been lost at the time of the sale true connection with Tang Kec. take them out I cannoboxplain.
for Tang Kee
of the business, so that it was It was the habit of the witness M. Company's three mines for the staff, including Mosers. Groy W. to the present I am not asking you to explain moment; not only in the face of pont was produced in Court,
ofear that Tang Kee had to ob in question to destroy all the cash week ending March 25.amounted Brown, Taylor: Owen, Silps, and Mr. Sinde-That lasn't been tain them all over again.
books, His Lordship had had to 28072.48 tone and the sales Sontor, Mr. David Gow acted as what I did but what you did. You the present action, but in face of
His Lordship But Tung Koo considerable experience of Ch during the period to 80175.57 MC, while Mrs. Taylor was in took ont. all the accounts which Howell by the man, when he was opportunity of soring it before. thought it worth his.while!
the proceedings takon against put in evidence. I never had the
nose methods in thng Court for tan were outstanding on the face of
charge of the refreshments. Mr. the books at the end of January? suspended by the government. "I think. I've a duplicate account who takes over a low concory. A ship must. bo well aware that if to nudit the Hongkong Electric submitted the toast of the bache Mr. Potter-So does overy mana mubar ofyear and his Lord- We are informed that subject R. M. Dyer, during the evening, Could it bosuggested that, because Howell cashoil, cheques up to the in my safe." It was never pro-person must be convinced that a Chinese had nothing to conecat, Co, Ltd., will pay a dividend of lore, in a very happy spocoli, And you find in those figurespresent moment, and becauso he duced in evidence.
thing is worth his while before they preserved their easli books 12 per cent and a bonus of 1 por thorb are a number of omissions? signed a chit for the Lee Co
Mr. Potter-It was, Your Lord-making a purchase. But there's for a vast minber of years. The cent, for the year ending 28th- cup for competition at tennie, -Certainly.
he was a partner. They knew ship any it."
anothor point. Who would loso cash books could not be added to February, 1911, *
gonte singles. Mr. W. Davidso What is the total upon the face that ho was suspended because Ilis Lordships-I remember soo by an undervalue but Howell? in respect of items, while the The annual dinner of the Enst
responded, thanking Mr. Dyor for of the ledger 2—$3508.53 ! Tatain had said lio was a member | ing it but it's not marked. The discrepancies which had been ledger was capable of being alter-Asiatic Society took place on 11th his kindly interest and generosity; There is a difference of $110. of the Hongkong, Butchery Com
Mr. Slado-I can't understand are no discrepancies.
ed. They treasured the cash book; ult, at Haniburg. Prince Henry, The health of the orchestra ypa Items which I can give you hore pany, and they knew that after how it got to be there without my Continuing, Counsel said that in foot, they attached almost the brother of the Kaiser, was submitted by Mr. John Lambert, are not in the lodgersundry investigation ho was re-instated, seeing it. You are not at liberty, Mr. Lowe had pointed out that it a superstitious reverence to them.prosout, as well as high officials (Lloyd's Surveyor) and noknow. small items in February and The cheques were not cashed and Mr. Potter, to put in anything in wagaureusonable to ask a man to One other item to which he wished, and officers who have born in the lodged by Mr. Hilaan March. They are only small and the chits were not signed; ho-ovidence which I've not had an Inspout his own books after a to refer was the Cioroughly un- Far East aimount to $110, and I can give canse Howell wash partner. von opportunity of seeing.
lapso of fourteen years. If there satisfactory nature of Howell's At the annual meeting of the you what I should say might be snow Howell cashed cheques and His Lordship--I don't quite was anybody who could explain whether he Jund ever netopted Dr. Forsyth was re-olcoted pro answor to the question ns. to Hongkong Tennis Clab last night reasonable explanation or assump if that were to be takon as proof understand how this document the accounts, it was Tatam. It tion,
that he was concerned in 'tio firm, fins come to be hore
was significant that when Tatam, orders on behalf of the Butchery, sident, and Mr. A. O. Brawn vice- it would moan Howell was dying Mr. Poor Unlosait was hand- was in the box, he was never When the qudation was put to him promident for the ensuing year in the face of the government,od to your Lordship and got mixou asked anything regarding the lie ansv
may have done: Mr. J. It. Wood was elected vive in and saying "I don't care what up with the papers,
This accounts, Hin friend seemed to I don
-Yos,
Let is see whint the items are. They aro roally small figures Apparently the largest is $18,
The defondant I ́remember said:
ཙཱ་༢
and promised to prosent a silver