HK. Drinky Pass of 12/4/11
SUPREME COURT.
Tuesday, April 11th.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR IR FRANCIS PIGGOTT (CHIEF JUSTICE).
TATEM. HOWELL.
- The action was continued in which John Tatem saed Frederick Howell, chief bailiff of the Supreme Court, for an account since 24th September, 1907, of the receipts and disbursements of the defendant in respect of the plaintiff's business of a butcher and com- pradore carried ou under the style of the Hongkong Butchery, and for a receiver.
Mr. M. W. Slade, K.C., instructed by Mr. J. H. Gardiner, appeared for the plaintiff, and defendant was represented by Mr. Eldou Pottør, who was lustracted by Mr. C. E. H. Beavis (of Messrs. Wilkinson & Grist).
Mr. Potter re-exaruined defondant: Mr. Howell, you were asked early in your cross- examination to account for an increase in your banking acconut for 1897.
Mr. Slade-I did not follow it up.
Mr. Potter-He was going into a question of
a lottery. Will you explain how it came about ş Defendant-Part of it was in connection with the sweepstakes of the United Club. This is one of the circulars.
Mr. Potter-Two hundred subscribers at
$5 onch.
His Lordship-You were the treasurer ? Dofeudant-Yes.
Questioned as to alleged discrepancies between commission and sales as shown in the cash book and the amount paid into bank, defendant refer- red to one occasion on which the amount paid into bank was five dollars more than shown in the cash book,
As to the number of customers plaintiff said they had increased by leaps and bounds.
Have you worked out the figures ?-Yes. In October the ledger accounts show 204, in November 237, in December 229, and in January 203.
Mr. Potter-There does not seem to be any eaps or bounds among that lot.
As regards the sale of the Batchery for $200 Did you regard that as a fair bargaining price? -I tried to get more for it, and after bargain- ing that was the arrangement which Mr. Watkins and myself arrived at. The business was closed. There were no cu tomers.
How long was the business closed before it was sold?It was closed on the 2nd or 3rd January and re-opened on 15th January.
Between these dates the customers must have goue elsewhere for their meat, ?--Yes,
Mr. Slade said he had just received a piece
of information which was important to his case.
He would like to put this to defendant.
His Lordship I do not think I can refuse it,
if Counsel says it is important.
Mr. Potter-It is in your Lordship's hands. His Lordship-I thought you were objecting. I saw a frown on your face.
Mr. Potter-I meant it for a smile, my lord. (Laughter.) It is rather annoying to have your caso broken into by fresh evidence.
His Lordship --Unfortunately there is no control over these things.
Mr Potter-I have not asked your Lordship to expauge it. If your Lordship is intinenood by my frowns and smiles 1 shall indeed ba happy.
Mr. Slade (to defendant-Is it true that you have since the closing of the Butchery in 1897 received orders for meat yourself in the registry of the Supreme Court?-I might have done so and forwarded them to the Hongkong Butchery, His Lordship-Have you ever received orders from friends or strangers in the registry and forwarded them to the Butchery Company - Somebody might have asked me to get them a bit of meat and I might have done it as a friendly action.
Mr. Slade-I put it to you that it was supposed by a number of people in this Colony that the stall in the Butchery was yours, and that they sent you orders frequently?--
At
the beginning of the Butchery
it was fairly well known in the Colony that I was connected with it, and people outside might have thought I was connected with the company and sent orders to me which I forwarded to the company.
were
I put it to you that you took no steps to disabuse the minds of people that you connected with the company ?--I took no steps one way or other. I was not connected with the company. As a government servant I was acting against regalations, and must keep as quiet as possible.
His Lordship-Supposing several people had seut you these orders for the Butohery, wouldn't you naturally tell them to send their orders direct?-It was only on a special occasion that an order for meat would be sent to me. Mostly the requests were for passbooks.
Mr. G. A. Watkins spoke to having a cou- versation with Howell in January, 1897, and to receiving from Tatem his power of attorney. It was false to suggest that he had conspired to get Tatem out of the Colony. The business was sold for $200 and he paid the money over to Howell under Tateur's power of attorney, the letter having instructed him to hand over all moneys
to Mr. Howell. Witness andorstood that Taton i was largely indebted to Howell. The business was sold for $200, which was the best prics they could get. He understood the business was a failure and the estate had to be wound up.
Cross-examined--He took no steps to ascertain the value of the business. He understood both | from Tatem and from Howell that it was a failure. To all intents it was a bankrupt jestate. Tatem went away to sea, aml he under- stood that he was stranded at San Francisco. On his return Tatem never asked for a state. ment of accounts.
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