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MRS. MOTONO
HAND & ELECTRIC MASSAGE
No. 31B, Top Floor, Wyndham
Hongkong.
THE HONGKONG TELEGRAPH
THURSDAY, JANUARY 23, 1930.-
actions were properly treated, as
IMPASSIONED PLEA BY MR. BREWER. cash transactions. In view of that
(Continued from Page 1") must be taken in conjunction with one another, he said they referred to the sale of the contracts,
cent.
said Mr. Brewer, could he be held to have held 'wrongful intantions
or to have acted dishonestly in doing something which an account- ant had said he would have done?
TWO BROTHERS AT VARIANCE.
· EMBEZZLEMENT LEADS TO
ASSAULT.
11
Taside. In two cases the letter applications had been sued on, taken through to judgment and the defendant had, in no case, alleged
Out of His Depth.
The behaviour of two brothers there was any ground for setting it aside. At the present moment Referring to the Bank business, who appeared in an assault case Mrs. Brewer's Position.
the Official Receiver was suing a Mr. Brower said a trustee bank before Mr. Whyte Smith, at the He continued he had always been man on one of the application never required a big capital, but Kowloon Magistracy this morning, under the impression that Mrs. loans for the full amount, since it was part of the directors was described by his Worship as
baing disgraceful, « Brewer was a trustee, but the letter although the calls had not yet been plan to go in for banking proper
It was stated that the two bro- they were quite justified in wish-thers had a quarrel over a debit written by the Directors did not made 100 per cent.
It had also been suggested that ing to go in for large capital. He and one of them atruck the other Use the word "trustee" and also the letter did not accept the offer to by the scheme, the shares were suggested that it was not un with a piece of wood, the victim refund, but instead the Directors capable of indefinite expansion. reasonablo of him to try and avoid being taken to hospital, where he that one could equally well make the responsibility of handling was detained for eight. days for made certain requests, to buy the capital ten million dollars if $2,800,000. He could earn a certain shares, to sell certain desired. The answer to that was dividend on a capital of $150,000 treatment. shares and to hand the proceeds it was not possible to do the trung but when they talked about The assailant admitted assault- to the company as to the 90 per actions at all unless there was a millions it was going right out of ing his brother, causing his Wor
person willing to accept the his depth. -
ship to remark that it was dis- The matter was important inso-liability. They must realise that However, he did not wish to own brother, but the defendant graceful for a man to strike his far as it must be presumed that although actual bank notes might impede the company's business went on to say that his brother wherever possible the Directors not have been taken out of pockets when and if they appointed the had embezzled a sum of money. were not trying to do anything and paid in respect of the slures, manager.. No one was more an- ultra vires. On the face of the two the mere fact of a person having xious than he was that the com- Worship told him that it was also Turning to the complainant, his documents, he would submit what to guarantee to pay cash on de pany should be successful and one disgraceful to cheat his brother. had happened was not that a trus-mand was sufficient to prevent of good repute.
The complainant admitted that tee had been appointed to hold them, people going in for unlimited Dealing with the statutory rehe had used about $40 belonging but that the Directors had acted in quantities of shares in that port Mr. Brewer and it was quite to his brother. a manner they had power to do, by manner.
customary for such' to be printed
ordered His Worship
both making the purchasing and sale a
and published in Hongkong and parties to sign bonds, for their condition to their expectatibns of
elsewhere. All the statutory refuture behaviour. the refund. In that case they
There was evidence to show ports were typewritten, a number would certainly not have exceeded that some of the men were men of being produced; to satisfy the re- their powers and he would submit substance. There
na. quirements of the Ordinance. that there was nothing on the face evidence to show that they were None of the statutory reports bore of the documents to contradict. not men of substance and the anything in Chinese. If they had
Mr. Brewer commented:-1 don't assumption was, that as Directors been solely for the purpose of Parte suppose the Directors or myself of the company, they were men boosting the company, there would have known, on a date prior to ajof substance. Being men of sub-certainly have been Chinese on recent date, that there was any stance they would not sign their them. All the directors question of uitra virea being rain-willingness to pay money on de Chinese except himself and Mrs. ed on these documents. The money mand unless they were prepared Brewer, and all their customers did not become the company's pro-to meet it when demanded. « A were Chinese, perty, until the sale was effected. man with property would hesitate before signing to pay a demand as he could be sent to prison for debt.
Wife's Linbility,
Men of Substance.
Was
Mr. Brewer said to his Lordship that he might be corrected on that point.
Remote Contingency.
wore
To suggest that some of the customers might come around to the Court and look up the report
en
EXCHANGE RATES.
Brussels
Amsterdam' « 49 × Berlin Copenhagen Vienas Helsingfors
Lisbon Bucharest Buenos Aires Yokohama Shanghai. New York Geneva
London, Jan. 22.
36
C2
$7
57
OUR NEW BRITISH CROSSWORDS
Across
1 Sound returned.
6 Docorate.
8 Valley.
12 Corrupt political practices.
H Craze.
.34.04 14 Sport.
.123.01
12.105 16 Frolic.
18.195 || 18 Inquiro (Scotch),
20.376 17 Step of Indder.
.34.01 | 10 Unopened flower.
.103% 20 Poises.
.108.25 23 Not many,
..818 26 Seasonably.
.45.1/16 28 Rod.
..2/04 30 Nomed. .2/0.7/32 32 Markets.
.4.80 9/3& ] " Văn
..26.18 34 Flower..
.02.07 36 Bun (Poet),
.18.125 30 Pronoun.
18.216.38 Plunged into water.
.104
40 Wheal.
87.346 42 Feminine pronoun."
....376 43 Ridicules..
.G.7/16 44 Rule. 1/5.15/16 47 Fruit, .....1/7 40 Chance. 20.13/16 51 Aids.
20.0/16
54 Unit.
British Wirelena.
He went on to deal with Mra, Brewer's shares. He said that Mrs. Brewer received the $48,000 worthi
the files was to suggest a Milan of shares from him (Mr. Brewer),
remote contingency.
Stockholm She used it in paying ten per cent.other point was the question of a His Lordship replied that the
Mr. Brewer pointed out that the | Oslo on 4,800 shares allotted to her married woman.
books were consistent throughout, Prague personally and rugistered in her
from the first entry to the balance
Madrid Dealing with the question personal name. She, herself, was
Athens to whother the fully responsible as principal, in
transnctions sheet.
Concluding he said: the Bombay
Rio were fictitious or not, Mr. edmpany law for
the payment Brewer and that the liabilities items are correct, I am clearly Hongkong of the
uncalled capi-of both parties ind entire
suffered innocent. If I honestly believed Silver (spol) tal. She applied for A loan
a very material alteration. The them to be correctly treated I am Silver (forward) of $432,000 in
respect of
shareholder benefitted inasmuch as equally innocent. If there is a which she wis guaranteed by he had the right to inform the disagreement of experts and if my the Directors in their personal world that he was the holder of explanation is the same as it was capacity. With that loan, Mrs. rally paid shares and was a Direc-seven months ago, how can it be to know anything at all about a Brewer was Hable for uncalled for.
particular company merely had to capital, subject, only to the pro-that until the company demanded
The other advantage. was wrong?
"Can I be a
to xe to the Registrar's Office, pay tection of the Directors' guarantee the money he had the right to pay blame, for having produced a the usual fee, and Beetho ducu- which they both trusted. Subject of his indebtedness at times most document which one expert admits ments. The sole object was to see. to that she could have been re-convenient to himself, instead of might be correct if the trans that everything was clear and above quired pay the loan in full and being forced to wait for a call, actions were genuine and another board and to protect the public if she did not, then execution was a matter of experience that expert maintains that it is genuine and to see that the requirements could be levied and she could have calls on shares always came at and that the statutory report was of the Ordinance were being car- been sent to prison.
ried out. nwkward moments.
The com properly prepared? pang's benefit' was even
more Judge. Disagrees,
striking. 11 was true that the His-Lordship:-That is not so' empital liability would be increas- although I did not disagree with ed, but they had the right to sell the security forthwith and could proceed to recover the balance due.
it before.
Mr. Brewer;-1 am sure there is imprisonment for debt..
criminal, or
Dramatic Appeal,
Mr. Fitzroy said that he pro- posed to use the word "caab”. In the | ordinary mercantile; business sense. If a man were going to nut money into a bank, the first thing to make me a condemned criminal, he would do would be to look up
"You have it in your power, gentlemen of the jury, by one ward
It was a far more valuable assctcast, deprive me of my name, re-tal it possessed.
to make me a pariah and an out-the report to see how much capi
What is "Cash"7
55 Pertaining to a 'harp.
60 Implement.
57 Mourned.
58 Small boat. 50 Short tail. 40 Entangle.
61 Grant for temporary use.
1 Qvn.
12
Down
2 Breed of pigeons. 3 Haul.
4 Tender.
6 Dreary,
7 Regretted.
QUEEN'S THEATRE.
:
AN EXCELLENT TALKIE DRAMA.
putation, friends, personal liberly and everything that makes life
'Going on Mr. Brewer's state- worth living.
ment, he would think that he had "Do not come. Hghtly to a de-some security in the form of the
me:
with
Thrills and romance are well
8 Christmas tund.
* Burden.
10 Ingredient of the earth:
11 Sacks,
10 Scholar
21 Lives.
22. As well as.
23 Bellof.
24 Liquid.
26 South American animal,
27 Measured.
28 Hackneyed.
29 Reatare to perfection.
31 Purchase.
33 Foot.
07 Unbeliever.
30 Cleric,
41 Written satire.
45 Star.
46 Part of a flower,
47. Edgen of mouth.
48 List of dishes.
49 Sacred tune.
50 Quay.
52 Solitary.
48 Sledge.
Yesterday's Solution.
PRZEN & TRASH Book BACH CHEE ZONGERVE SATIRIN 2017 BANGH SNOW A E A RELAX 4 4 Y RAGE RAM ALAR H STRIATE LEED VESPERA PLOADND. LAIR WODIOR D 2003 000 LLMS () AN CURCA A A K LADZ. MERIT HAVE. TROOPS ACADEMLA
SHEP WENT
ANILO 3 BLOBA
LOCAL RADIO.
TO-DAY'S HELENA MAY CONCERT,
The feature of to-day's radio broad-
cision for it means everything to bank's big paid-up capital. He woven together in the current cast will be the concert at the Helens I maintain that I have been would have a perfect right to be attraction at the Queen's Theatre, May. Institute. The full programma honest and conscientious. I have Heve that the word "can" WAB not endeavoured
Broadcast by ZBW, on 355 meters. 5.20 p.m. A Concert Relayed from a. the Helena May Institutas
own interests. I have never de- sense. But did the facte justify large audiences to the first show-
to further my used in the common, mercantile "In Old Arizona, which drew- frauded nor attempted to defraud this? The statement read that ings yesterday. This film is an in filing that report.
the total amount was received in "I am not a criminal and it is respect of cash. They to you, and you alone, that I can look for deliverance from this charge."
His Lordship:--You may take it to have the right of forfeiture which extinguished the uncalled from me that that is not fo.
Continuing, Mr. Brewer said liability. The bank's right to that that was their belief and payment on demand was immensely under those circumstances she more valuable than the right to would not have signed for the loan make a call. and he would not have permitted, her to do so, had they not both
"Sent from Heaven" been entirely confident that the Continuing, Mr. Brewer referred Directors were substantial mon to the evidence given on the pro- and able to pay their guarantee. vious day by Mr. Udy, outlined his
Two other points arose. As regards the loan to Mrs. Brewer qualifications and said that he was could the bank properly make it an accountant, a man of standing an adiskt, although Mrs. Brewer and man whose reputation must had been shown to possess only be of some value. $15,000 and he (Mr. Brewer) knew "I нny," continued Mr. Brewer, it to he guaranteed by persons in that Mr. Udy was sent from whose financiul worth he had on- ||tive confidence? Alan were the Heaven. I am not saying that smaller loans made to individual in a loose or cynical fashion. I Directors loans "the bank might
am meaning it. When a person regard as real assets as they were |-- Bt., made to people of known financial is up against things as I have
Object of Law.* been recently he can say things
Mr. Somerset Fitzroy rose at like that and mean them. I 12.16 p.m. to address the jury on Bay Mr. Udy was sent from behalf of the Crown. The first Heaven, probably to prevent a
thing he would do, he said, would be to bring the jury to the actual miscarriage of justice."
charge for which Mr. Brewer was When a man of that standing and being tried. He then read the reputation will go far as charge to the jury.
worth? It was worthy of note --that neither he, himself nor Mrs. Brewer rould conceivably make any personal profit out of the
|SATISFACTION! transactions or out of the sule of
YOU WILL GET IT
FULLY AT THE
shares which Mrs. Brewer held, when they had no beneficial in- terest in the transactions what-
ever.
Mere Jugglery?
30
Mr. Brewer's address to the jury occupied 75 minutes. After various points mentioned by the jury had been cleared up Counsel for the Crown commenced his final
address,
to say that he being In my position Under the requirements of the would have faaned the statutory Companies' Ordinance, he continu report. s I did, I must maintained, it was necessary for a Statutory regarded.
all-talkie, and, based on found,
Henry story, it has many attrac- five features.
however, that only five per cent. had been paid in cash, and that promissory notes were held for an- other five per cent. Promissory notes were clearly not cash.
His Lordship at this point sa he was going to leave the matter of the definition of the word "cash" to the jury..
the tracking down of a notorious The main theme of the play is bandit, named Cisco Kid, by a U.S. Any patrol led by Sergeant Micky Dunn. It so happens that the sergeant falls in love with the The Ordinance demanded a state-girl adored by the Cisco Kid-a ment of cash, continued Mr. Fitz-spirited young maiden who faj roy, for the protection of the always out for the main chance. public. If the company had pro- How the Kid finds a way of wreak- missory notes which might be meting revenge on the faithless girli could they define them as cash? makes one of the best climaxes we Would any juror any that he had have seen for a long time. cash if he had a promissory note The acting throughout is very in his pocket? How could they good, especially that of Dorothy say that they had cash if they held Burgess as the girl, Edmund Lowe promissory nates? The man who as the sergeant and Warner Bax- signed the note might die or leave ter as the Kid,
In addition, the programme con- the Colony,
Shortly 12.35
Mr. Lains a Fox movietone, news reel,
With regard to the transactions FIAT GARAGE xenerally, were they actual trans- og det should be very strongly trar of Companies. The object of Fitzroy's addresa concluded, and one of tile features of which is the actions or not? It had been sug- Mr. Brewer recalled further this provision was 80 that the his Lordship adjourned until this address by His Majesty the King gested by the prosecution they were more juggiery, having no evidence of Mr. Udy and pointed public should know how every com-afternoon, when the summing up at the opening of Newcastle's new
will commence.
bridge. valur and capable of being sellout that, he had said the trans-pany stood. Everyone who wanted
67. Des Voeux Road C. Tel. C 4821
A COMFORTABLE SLEEP
IS ASSURED BY USING A GOOD
HOT WATER BOTTLE
We have an assortment of all gizes.
THE PHARMACY
(FLETCHER & CO., LTD.)
A.P.C. Buliding.
Tal. C. 345.
FRECKLES AND HIS FRIENDS
WELL! THIS IS A |SURPRISE" WHAT.
WELL-WHEN. ARE YOU FELLAS STARTIN' UP TO YOUR UNCLE' CLEM'S RANCH, OSSIE ?
'SALL OFF!! EVERYTHING IS ALL OFF...
MOM SAW TO THAT !!
| HAD YOUR MOTHER
TO DO WITH
IT?
Oscar's Punishment!
PLENTY... SHE PUNISHED ME WHEŃ
·SHE HEARD I WAS PLANNING, ON US
ALL GOIN' OUT
WEST !!
WHAT DID
SHE DO TO You.?
YOU'D BE SURPRISED
Programma.
I. Troia Preludes, C. Debussy. (a). La Fille aux cheveux de lin. (b). La Cathedrale. (c). Minstrels. -
Madame Bonenfant." II. Operatic Arias (in English);,
(a). Mimi's Aria (La Boheme): (b). One Fine Day
(Madame Butterfly), Puccini. Mrs. A. M. Bowes-Smith. III. 'Three Phantaziestucke for
Pianoforte and Violin.
B. Schumann.
· Madame Bonenfant and Major. P. J. Macnafr. IV. Songa,
(1). In Exile, Teresa del Riego. (2) Four Jolly Ballormen,.
Edward German. Mr. R. A. Green,
V. "Jardine sous la pline
Debussy,
Madame Bonenfant, God Save The King. 7.00-9.00 p.m. Iecorded Music and
Experimental Relay Transmission 0.00 p.m. Chinese programme, -10.30 p.m. Close down.
MY MOM CAN PUNISH WORSE THAN YOU EVER HEARD
OF
SHE MADE ME STAY IN THE HOUSE WHILE SHE WAS
TAKING HER
SINGING
LESSON!!
By Blosser
Page 5Page 6