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THE

HONGKONG

TELEGRAPH

MONDAY,

NOVEMBER 2, 1938.

CLAIM AGAINST on account without the honesty of the Chinese staff?---

LOCAL SOLICITOR

FORMER EMPLOYEE BRINGS ACTION.

MONEY SAID DUE ON AGREEMENT

Mr. F. II. Loseby. solicitor, and his firma, Mesars, Russ and Company, were sued for $737.80 by a former employee, Mr. Lo Kwok-min, at the Summary Court this morning, before the Chief Justice, Sir Atholl Mac- Gregor.

affecting the instalments,

3

Witness: No.

was because you, Wong and Sung

to make up the defalcation?

falled

WATER PIPES DAMAGED.

OFF JOINTS

before Mr. W. Schoñeld, at the Cen- lu Nam, 20, unemployed, appeared tral Magistracy this morning, charged

SALARY REDUCED

The accountant absconded with Subsequently, the plaintiff was re-

about $8,000; did you know It?-No. engaged by the defendant at why the, defendant did not pay you LEAD SOLDER RIPPED

I put it to you that the reason reduced' salary of $225; 15 per cent. commission; and one month's notice on either side.

Sometime in January, 1030, news No. For several years I have told won obtained that the defendant's the accountant was very suspicious. the defendant that the conduct of predecessor was returning to the

I was never allowed to look into the formation, the defendant spoke to the plaintiff, asking him if he would remain in his employ or join his predecessor. The plaintiff Intimated that he had not made up his mind, whereupon the defendant replied that he would leave the matter at his discretion,

Colony, and, as a result of this in-

The defendant's predecessor ar- rived on January 15 last and was

accounts.

In that case, how did you know hat the defendant had drawn about $10,000?--I looked into the accounts after the accountant had tisconded. MONEY RECEIVED In reply to further questions, the plaintiff admitted he received $500 from the defendant, shortly after the payment of the $600, but denied visited by the plaintiff. After that it was for salary, commission The claim was made up of $400, preliminary talk, the plaintif decid- and the instalment of $100. It was Orch.alleged to be due on a certain agreed to enter his employment, and the money he obtained for the firm

ment, $112,50 for salary from Janu- accordingly wrote to the defendant, and which was given to him in part ary 1 to 15, 1938, and $225 for one not actually giving notice but asking settlement of his claim. month's salary in lieu of notice..

for permission to leave. On receipt of this letter, the defendant was enraged and immediately, without further ado, told the plaintiff to leave the office at once and stay out it, threatening to call in the police permission to remove his private if he refused. The plaintiff asked belongings, but even this request was not granted.

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Mr. M. A da SHva appeared for the plaintiff, and the defendants were represented by Mr. A. el

Arculit.

After stating that the defendants were one and same, Mr. Silva said his client was formerly employed by Mr. Loseby ns. clerk and Inter- preter. He had been there since, 1020, but previous to that he was employed by defendant's predecessor.

In 1928, Mr. Losely bought the practice and came into a certain agreement with the plaintiff, a Mr. K. K. Wong and Mr. Sung Kwok pak. By reason of that arrange- ment, the plaintiff was to receive

salory of $275 and 20 per cent. commission on business obtained by him. The plaintiff was to remain with the firm for 15 years. From August, 1934, to July, 1035, however. the plaintif did not receive a single cent. There were certain disputes in regard to this, and in July, 1935, the plaintiff, in pursuance of notice given by the defendant, left his employment and put in a claim for $4,000 odd for salary and commission for the period mentioned.

In connection with this action, the defendant wrote a number of letters to the plaintiff, and a final settle- ment

was eventually arrived at. The plaintiff agreed to accept $2,800 in settlement of the claim, the pays

of

reason

with the theft of eight pounds of lend from water pipes at Victoria Road; receiving, and possession of a ham- mer, two screw-drivers and a knife for an unlawful

posscasion. Defendant denied the frat two charges, saying he had picked the lead up in the rond, but admitted the ed, and the first two charges dis- third charge. Hta pleas were accept- inissed. Sentence of two charge.

2.30

months'

Was

and labour was imposed on the third Detective Sub-Inspector Johnson The plaintiff was shown a receipi sald defendant was arrested at about for the $500, on which was shown 20 p.m. on Saturday, carrying a that the money wan for salary, etc. Enquiries were made, and it

Bitck which contained the lend. and he said he signed it without found that the lend solder had been looking through it. He was ripped off the joints of an 18-inch pleased to receive the cheque and did pipe running along Victorin Rond. not trouble to look at the receipt.

The lead had been ripped off at Mr. Arcull: I put it the

to you that son why the defendant gave fifteen Joints, and at two the water you the $500 was that he knew you

was gushing out. It was a high The plaintiff then gave evidence were hard pressed and had told you of water had run to waste.

pressure pipe, and a great amount and stated that prior to 1020 he was, that whenever you needed cash he

There in the employ of Mr. Russ, defen- would let you have

Was no It

evidence that defendant In dant's predecessor. He

advance of was then what was due to

himself had done the damage. getting $150 a month, but when Mr.

Witness: You think he is so good. the complainant.

you?

Mr. II. Ewing, at the P. W. D., was Loseby bought the practice, he made He is very hard up himself. an agreement with him, Mr. Wong and Mr. Sung, whereby he was to receive a salary of $275 and 20 per cent. commission. The agreement also stipulated that the defendant was to draw $800 a month from the profits of the firm.

BUSINESS BAD

From August, 1934, to July, 1935, he did not receive any salary and commission, because e defendant old film business was bad. Another reason was because the accountant the and absconded with money of Arm, He did not know how much. he was not allowed to look into the accounts. Later, he found out that the defendant had drawn about $10,000 during the ten months from August 1934, to

July 1935,

the accounts?-I was for the pur- Why did you want to look into

pose of finding whether or not the defendant had drawn money from the firm from 1028 to 1935.

In answer to further questions, the plaintiff said that a few days before the return of Mr. Russ, the defendant called to his office one by

one the members of the staff and asked the questions like a judge sitting in

in Court.

Mr. Arcull: Did you go on board to, receive Mr.

Mr. Russ? Yes. Did you send a wire, signed Wong Lo, asking Mr. Russ to return to the Colony? Yes. The cable was signed Wong

Lo-sung

AN OBJECTION Mr. Silvu: 1 should remind the other side that nobody is on trial except the plaintiff and the defend-

nt, If you can call that a trini.

POLICE RESERVE

ORDERS FOR CURRENT WEEK

Orders by the Hon, Mr. T, H. King. Inspector General of Police, state:

Chinese Company

Mr. Ta'o Tsun-on, Assistant Super- intendent of Police Reserve returned from leave and resumed command of the Chinese Company, Hongkong Police Reserve, as from 2nd Novem- ber, 1936.

Training Course: Part -The undermentioned members will attend Chinese Company Headquarters on Tuesday, November 3rd at 17.30 hours for Part II of Training Course: ItConstable R4 Tam Tim-fung, R3B adduce evidence not concerning the is rather

her improper, I think, 10 Henry Wong, and RGG Edward 110.

Indian Company case at issue.

Training Course! Part 11Th

Witness then referred to his claim for $4,000 and the settlement, and said that when the first Instalment asked for it, but was put off by the became due on January 1, 1930, he ments to be made as follows:—A sum of $886 to be paid forthwith defendant, who stated that he had and the balance to be paid by not enough money to pay the other

His Lordship: Surely the ques-undermentioned members will attend monthly Instalments of $100, begin- members of the staff.

asked by Mr. Arculli were to Indian Company

Headquarters on ning from January 1, 1038. It was Cross-examined, by Mr. Arculli, prove that the plaintiff's dismissal Tuesday, November 3rd also agreed between the parties, that the plaintiff said be lind

was rightful. Mr. Arculli is now hours for Part II

Training whatever the net cost brought in by solicitor's clerk for about 20 years, adducing evidence to show that the Course:Constable 1201 the plaintiff for the firm, the money and denied that the agreement plaintiff invited Mr. Russ to return 210

210 Abdullah Shal, R213 S S. B. Hus was to be paid to him as part pay which he made with the defendant while still in the employment of sian, R216 Lal Khan, R230 M. S. ment of the settlement. If the when he bought the practice was for Mr. Loseby. Mr. Arculli will, of Dillon, R2017 Fazal flah! Oppal, R206 money brought in were sufficient to 10 years.

course remind me, Mohar course, in due

Mohamed All Oppal, R225 Kusim All, wipe off the whole debt, it would; Mr. Arculli: One of the terms of sitting as judge and Jury in this R224 A. R. Razack, and R203 Jaffer be cancelled, but if the amount the agreement was that you, Wong case, to take this fact into considera-Mohamed. were insufficient, It would be count and Sung should be responsible for tion. I will, of course, dismiss the Traini

Training Course: Part II-There

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other aspects from my mind entire-

ly.

Mr. Arculli: I am rather surprised that my friend thought at any ulterior motives. I only asked the plaintiff these questions in order to prove his loyalty in a servant.

Mr-Silvai-ao-not-suggesting that Mr. Arcul has any ulterior motives. He is only the solicitor conducting the ease.

Mr.

Arculli: Nor my client.

The plaintiff, In answer to further questions, denied that he rented an oflee for Mr. Russ in the Bank of Canton Bullding, but admitted he had been to the place.

The case is proceeding.

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