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THE HONGKONG TELEGRAPH, FRIDAY, MAY 10, 1929.
THE K.O.S.B. COURT MARTIAL.
UTTER CHAOS OF THE P.R.I. OFFICE,
CLOSE OF HEARING.
quite the opposite! $220 was it takes cognizance of these subtle puld out and only $160 recorded differences. in the books. Ah. Here is the actual note: "For 11 months $220 would be paid to you?--Yes."
Judge Advocate: I did not put that down, for you had previously mentioned 12 months at $20 and then 11 months at $20.
The
I will ask you to say that these charges are not proved, Did he do it with the intention of de liberately defrauding? If the prosecution had been fair they would have put in an alternative charge under King's Regulatior" 022/: "Where funds etc...." and Consistent With Untidiness. Mr. Strollett: That may be so, which refers to Section 47. If the but it proves that this man was charges had been brought under The Ulstrict Court Martini, putting wrong entries in the book. that section there is not the Italightest doubt that the accused which for several days has been But who was he defrauding? enquiring into the alleged cm-is all consistent with the un- would not have had any “chargvý
and to answer. bezzlement of P. R. 1. funds by tidiness which has grown
Not a Common Jury, Corporal Charles Hendry, the which has fostered in the office
Advocate: The Judge It is simply due clerk to the President of the of the P.R.I. Regimental Institute, concluded to carelessness. It only required charge sheet has to be settled by its hearing yesterday afternoon, the indifference of the superior to the Officer Commanding the Court. It is too late to make any sugges after hearing Mr. D. L. Strellett let it grow into what it was. plead for the accused.
There are even unrecorded pay-tions. Had you raised the points ments which even Major Ogilvie before they would have been re- knows must have been made. ferred back to the Commanding About 101 people must have made Officer. applications for a host of trivial sums which were granted, and they must have amounted to a considerable sum. But they are not entered in the books. There is no doubt that escorts were paid for but that does not show that Major Ogilvie is wrong. It shows that there must have been many more such accounts unrecorded.
Major Todd, the President of the Court, announced that the decision of the Court will be an- nounced in due course through the
usual channels.
to the
In his speech for the defence Mr. Strellett referred "black tin box" in which Corporal Hendry kept his books, cheques etc., and also cash. The cheques which he kept were those which had accumulated until he had a sufficient number to pay into the bank. Every possible indication
As a matter of fact, said Mr. Bhowed that the accused Was Strellett, it would be Interesting Lentitled to bellove that he was to know what Major Ogilvie was not doing any wrong. As a mat-drawing on when he said he had tor of fact, in regard to the no idea of what was going on and cheques, he W36 nover naked what was an excessive or a rea- about them. Some of them wero sonable sum. I suppose he was kept back, according to the evid- telling us what he thought was ence, for as long as ten days. Not really right. only that, but sometimes cheques covered four or Ave items. Where
la the information to come from
regarding those items? Who else was there in the office? There not a trace of anything whatsoever.
WAS
I
In addition to that, said Mr. further Strellett, there was complication. He saw no reason why cheques should not be handed over to the P.R.I. straight away.
OB
Question of Intent. Now In regard to cash payments. Major Ogilvie, you will remem- ber, could not remember a single cash payment which he had made It would in the office of the P.B.I. perhaps be difficult for some folks to remember cash payments, but not so in the case of the P.R.I. whose office is continually making cash payments. It is a revelation that he does not remember a single cash payment being made. It Is a revelation.
Practice of the Offee. Then they had to consider the
Then take the by-product book. practice of the P.R.I. office. Was
what It forms, the subject of a number that the practice? If was the value of the evidence of charges. The swill contractors which they had heard of tho had to pay a certain sum of money, totals which the Companies had What did they pay? No one but paid in? How could they pon- the contractors and the P.RI. sibly arrive at a-figure which it know anything about it. Corporal Hendry is charged with making was said this man had received?
The Judge Advocate: But he entries with intent to defraud. It seems hopeleas to ask you what ia not charged with that.
Mr. Strellett: I say that how-Intent he had to defraud. Say he ever much he did on one side or the other we are entirely in the dark if that was the method em ployed by the P.RI.
had taken a chequo for $80 and converted it to his own URO. Would he have put that wrong right by paying in a cheque for Mr. Strellett continued that the $20 more than the account was
jar? prosecution could not show and would not prove definitely that the P.R.I had been defrauded of one single cent, Some of the entries were right, and some were hope lessly wrong. Major Ogilvie had admitted in his evidence that over $100 a month was expended and that there were no entries. The cross-examination of Mr. Strellett had shown at numerous Pay
ments were made which, were never recorded.
Routine Carelessness. One of the chief jobs of the accused, continued Mr. Strellett, was to keep the officers' mess books. It had never been explain- ed in evidence what those books were!
Was there any deliberate Iti- tomtion to defraud in that? Not at all. Petty errors and alight neglect began to grow in the office of the P.It.1. Corporal Hendry paid more than anyone expected to find. was that Intent to defraud? A for ready cash Corporal Hendry according to the evidence-could have got it at any time he wanted. The charge of attempting to defraud was limited to the P.R.I. There was no comment by the nuditor of the accounts.
Lost the String,
been
Mr. Strellett: I hope it will no prejudice the accused?
The Judge Advocate: The, Court is quite impartial. You have to consider that this Court is not a common jury and is quite capable I am not taking a note of this. Mr. Strellett continued that the accounts were open to inspection every day and were scrutinised every month. All cheques were submitted to the P.R.I.
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As to whether Corporal Hendry "MALABAR".
had misappropriated a single cent, Mr. Strellett would say that there was not, a vestige of evidence. The system employed was one to lead to grose inaccuracy. The prosecution was not in possession of auch facts as to say "we are most of ure that the whole or the money has been used by that Who is going to say "Oh! We man for his own purposes." will cut out three charges?" Who going to say "Well, we will find him guilty on one charge or not?"
The Judge Advocate: This is not a common Jury, and you can take it that the Court are not angry with you. We are listening Intently to your plen.
Mr. Strellett: Unless you can any he has had all the money, who is to say what he line had or not had? Even if this man is not able to account, for all the money, he should be given a nominal punish- ment. Not a verdict that will put The Judge Advocate: If the an end to his military career. man is gulity the punishment is nothing to do with me. It is out of my province entirely.
Mr. Strellett: I would say that thie man be not deprived of hik service and estate and that there
be no circumstances which reflect unfavourably, I hope that you will take as your chief considera- which tion the utter confusion has existed in the P.R.I. office.
Points of Law. This concluded the hearing and the Judge Advocate reviewed the evidence and advised the Court regarding cortain points of law involved. He said:
It is not for the accused to prove himself innocent. It fa the duty. of the prosecution to prove that ho la guilty. Unless you are satis- have fed that the prosecution proved these charges you cannot find the accused guilty, There has been a vast amount of con- A lot of evidence had
fusion, no doubt. Under charge given regarding grand totals.-
The Judge Advocate: The ques-12 there is one cheque which was tion of grand totals is utterly caahed and not used for the pur- pase for which it was intended, erroneous and I shall explain so
Only one man can tell you what the explanation is. He has given no explanation. Do you believe the witnesses?
If there were any defaleations to the Court,
it was purely routine carelessneon, Mr. Strellett: That is why
Further, snil Mr. Strellett, made it my business to cross- take the payments made to the examine the Indian contractors. cinema operator. It was stated Thoy are so elusive. The Regi In evidence that $220 had been mental barber put the receipt for paid for 11 months, and only $160 February into his pocket, and was entered in the books. Where all the rest he filed on a string-and was the difference? In the black | he lost the string,
The question is: Where did box?
Judge Advocate: Wasn't there Corporal Hendry's duties end? some difference of opinion as to Rushing round to all who owed whether they got less than that? money to the P.R.I. and other Mr. Strellett: $160 was entered things. What is the suggestion that all these months went by and the contractors state that they paid. the money to Corporal Hen dry?
by you.
On charges 3 to 9 the question arlae. whether the accused la amenable to jurisdiction. If he is not you will have to acquit him. You have evidence that he is a aoldier and was concerned with 'It has been regimental monies. said that no one but an officer can handle regimental monies. That is a matter which you will have to carefully consider and decide.
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The Judge Advocato referred Judge Advocate: Yes, but it was stated that the amount had
to the cheque which had been cashed by Mr. Gerald Young, the happened to the money, Instead Concluding the Judge Advocate only latterly been increased to
manager of the Central Stores of of paying in the money did the said: "The accounts have been." $20 per month.
Emphatteally the accused can- the N.A.A.F.I. for $115. To cash accused steal it? You have to kept slovenly and the supervision Mr. Strellett: I am going on not be guilty of embezzlement.
that cheque, said the Judge be sure without any reasonable was none too good. But you have my memory, but Private Barres Do you say that there was any
to be satisfied that the prosecu- stated that the payments were guilty intention to deprive owners Advocate, Mr. Young had to get doubt."
special permission, and he paid "On two other charges," said tion has established boyond all $16 and 85 per month-$20. I will of their cheques? On the con- ask my clerk to check up the trary, Corporal Hendry deliber-
the money to the accused, the the Judge Advocate, "You are reasonable doubt the guilt of the shorthand note. The point is that ately took all cheques to the principle in the N.A.A.F.I. being bound to return a verdict of Not accused. I cannot impress that the exact payments were not en-
that no cheque over $100 could be Guilty because they contravene on you too much," owner. The law is not such an
Judgment will be promulgated cashed without special permission. the articles of the section under tered. Not because there Was ass as it is made out to be and I There was no evidence as to what which the accused was charged," in due course. any intention to defraud anyone.
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