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THE HONGKONG TELEGRAPH,
SATURDAY, DECEMBER
PORTUGUESE SENT TO verandah and for all he knew,
PRISON.
THEFT OF GAS BY TRICK.
his own children might have caused the damage. Beyond this, he could not give any" explanation of how the damage occurred.
He had seen meters returned to the Company in that damaged con- dition. He denied having given any of the meter-readers who were unable to enter his house, his own readings, nor was he responsible for the "imaginary. Agures" and erasures mentioned by the pro- socution. His attention had never oven drawn by the Company, to these erasures during the whole
31, 1927.
FRENCH FINANCES.
INTEREST RATE LOWEST
SINCE WARMA
Paris, Dec. 30. The papers remark that the rate of the Bank of France is now reduced to level tower-than-it-has- been since the war and is lower than those of all great countries except the United States.
The case in which A. A. dos Remedios was charged with steal ing gas by false pretences, or, alternatively by means of a trick, and with falsification of the accounts to effect this purpose while in the employ of the Gas Company as a clerk, was concluded before Mr. R. E. Lindsell at the Central Magistracy yesterday after-time he was in their employment.financial conditions are quite sound
noon.
His Worship, while stating that the defendant had no case to Answer as regards the first count, held that there was that case in tha, alternative count of stealing by means of a trick:
For the defence, Mr. d'Almada queried what evidence had been adduced to prove the trick? They had evidence of damage, but was the defendant responsible for the up-keep of the meter in view of his position as a private consumer without any privileges? Was not the Company responsible as Mr. Blackburn had himself admitted, for the correct reading of the meters; and, where they had not taken this trouble, had they not struck an average on imaginary figures and charged them on to the consumer? Why was it, the defen- dant, who was accused of entering imaginary figures in the books to his own advantage, had not been given the benefit of these ima- ginary readings of the Company da well? Instead of this he was prosecuted, and prosecuted on evi- dence which was one tissue of sus picions covering a period of many years and which could only be ex pressed in the term "must have done this" and again, "must have done that."
He did not burn gas all the time, preferring to use charcoal oftener for cooking, and kerosene oll for lighting.
he
He and his wife worked at the cinema after his office hours, up till 11 o'clock, being thus absent from the house the greater part of the day time. From his own experience of gas consumption by the Company's customers thought that his own establish- ment would not exceed 300 feet if a regular use was made of the gas. His ten-burner meter was changed, between 1925-27, to a three-burner, but he thought the difference, amounting to 10 cents per month, was trifling..
"I am not responsible for the alteration of the accounts. There is a special clerk to keep up the meter books," concluded Remedios in his evidence.
His Worship: You allege it is a mistake on his part?,
Remedios: That may be so, my attention was never called to these negligences.
The Cross-Examination. Cross-examined by Mr. Wade- son, Remedios denied that he was looking after meter rentals: he was employed only in checking meter books. He had been through Mr. d'Alminda quoted from cer- the Cash Department, where he tain authorities in further sub-checked the bills as well. Then he mission of the point that a man was put on, cuttioor work, this could not be accused of stealing being to press defaulting con- even after he had defaulted onsumers for payment, and where it payment of goods voluntarily parted was neccesary, to disconnect their with to him. He argued that a meters. He was employed. for careful distinction must be drawn two years on this outdoor work, between "eivll proceedings" and
during which he admitted to ac- "criminal prosecution" by the com- quiring considerable experience plainant in such cases.
with these meters, and could say that when they were not regularly watered, they could not work,
He was then questioned in re- gard to his own meter.
Lack of Evidence. Continuing, Mr. -d'Almada sub- mitted that there had been no evidence of Lampering, and pointed out that an expert called by the Company as a witness, had testi-reader.
Mr. Wadeson: When was your.] gas watered? In 1925 by a meter-
You have told us that you never looked at this meter since you have been there?-The meter reader again put in water when neces sary.
The Journeo Industriello says, that the reduction shows that and it was evidently effected be cause of the exceptional abundance of capital on the Paris money mar ket.
"The Ecká de Paris observes that will enable the the reduction Banque de France to retake full control of discount which for some time past has been diverted from the bank. Havas.
whole of that time. According to that bill, you don't use a cent of gas.-- didn't use any gas in 1925.
Mr. Lindsell: You kept up the fittings, not consuming any gas 7- There are 2,000 meters like that.
Defendant was questioned in re- gard to the number of his children, and said he had seven.
Defendant was questioned in regard to the rental of one dollar per month charged on gas cookers, and he was then confronted with bills sent out to certain rela- tives where this amount had been erased and cut down to 30 cents. Mr. Wadeson after hearing a fur- ther denial from the, defendant, remarked that it was curious that these reductions should coincide with all the bills sent to the same family
air. d'Almada in his final sub- missions, stated there had been no conclusive evidence against the the charge with defendant on which he was, 'concerned beyond the dirty mud" thrown by the. prosecution. The prosecution had whole host of wit- brought up a nesses. which had made of the case a "commission of enquiry" into the working of the Gas Com- pany. It was evident that the Company had grievances which could not be legitimately held against the defendant, because they were inspired by the de- falcations of a former employee.
Deliberate Fraud.
Giving his decision, his Worship
fied that the meter must have been i Between 1925-27 was not stated that it had been proved be- for three years in the very same watered?—No: 1 så meter-yond all doubt that the defendant condition in which it was now render water it in 1925 and did had been deliberately defrauding found.
not notice anything wrong with it the Company of gas for years. Defendant had gone into the wit- Replying to his Worship, Mr. since, Wadeson (for, the prosecution)
ness box and then had told le stated that they could have charged
after He. If the defendant had the defendant with stealing gas
not done so, it was possible that under the common law, and would,
his Worship would have considered the indiction of a fine only. in that event; have a larceny case in its simple form and one amena- His Worship: Just now you ble to the scope of the common say you did not water it at all.
But in the Jaw.
present case, Mr. Wadeson: You said that, there was the graver view at Mr. Remedios, and you can't tached, that defendant had tamtrict your statements when you pered with the meter, that he stole find yourself in difficulties. gas by means of a trick. Of such You told us that you looked at offences, Mr. Wadeson gave the the bills and you never knew they instance of a mill operated by were or were not correct?—Yes.
after the meter had been discon-Yes.
As it was, defendant would be sentenced to four weeks' hard la- bour, and in addition he was to remake restitution to the Company:
to the extent of $50, or in default, another four weeks. This was on the charge of stealing gas. On the charge of making false en-
hydrogen gas, which still worked Even in the case of your bills?tries, a fine of $50 was imposed,
gas
or in default, four weeks' hard labour."
nected. On investigation it was You had the meter books in Mr. d'Almada then made 3 found that the was being front of you?--I only looked at the tapped by another line, not affect consumption shown by meters: ed by the removal of the meter. nothing else.
His Worship then told Mr. d'Almada that he was satisfied that defendant had a case to answer on the count of larceny.
Mr. d'Almada proposed to put his client into the witness-box.
In evidence. Remedios stated that he had been 13 years in the employ of the Gas Company, first in the stock department, and lat terly in the meter bills office, where he was engaged in checking bills in conjunction with another clerk named Xavier. There had been no complaints against him during those years,
You would not notice red ink being written across a line in con- tra-distinction to black ink3-No reply.
plea for leniency, pointing to the defendant's long service and the fact of his having been given a good. character, by hip employers. De- fendant, stated Mr. d'Almada, had case a large family, and this would re-act on his chances of ob- taining futuro employment.
No Gas for a Year.
The matter was referred to Mc. After that you sent the bills out, wadeson who stated: I am in- and, I presume, sent one to your-structed by my clients to say that self?-Yes, by post.
You knew what fittings you had this offence has been going on for years, and that they have to in your house?—Yes..
You knew the rental, of your start somewhere to put a stop must to it. But in view of the prison- meter, consequently you
er's attitude they did not feel in- have known that your bills were wrong, that they were incorrect?clined to show any leniency at all. only knew they were incorrect If he had admitted his offence in the first instance, the probability" after this charge.g
Mr. Lindsell: You mean to say I was that nothing further would He first used gas in 1919, but that for three years you never have been heard of it.
Mr. Lindsell I entirely agree get "no allowance for it," paying knew the proper rental of your with Mr. Wadeson. I should have. the same rate as the other con- meter? Yes.
Mr. Wadeson I want to take let him off with a fine, but owing sumers. The first he saw or know
of utter defiance of the damage to the meter was your mind back to 1925 During to his attitude when a workman went to the house that year I assume you received in the box. I propose to send him
to gani. to change it on November 17. It 12 monthly bills, and not once were
. The sentence was confirmed. was kept in the open air, on the you charged with gas during the
*
SALESMAN ŞAM
Damage to Meter.
WELL, GU22, HOVE YA SEEN ENOUGH
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SAY, IF,
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AWRIGHT THEN, GUZZ, WE'LL JUST MAKE A LANDING HERE IN SWITZERLAND -
Now,Witer'N HECK WAS TH' SENSE O' LANDIN' HERE? WE HAVEN'T GOT TH TIME!
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