1909-10-18 — Page 7

OCTOBER 18, 1909,

MONDAY,

END OF THE BUTLER

WRIGHT TRIAL. A

PRISONER FOUND GUILTY.

Sentence of Two Years'

Hard Labour.

Batarday witnessed the conclusion of the trial of Mr W, Buder Wright, so the British Consular Court at Canton on charges of embezzlement of sums of $13,000, $5,000 and $4,000, monios said to be the property of the Canton-Kowloon Railway, of which prisoner was formerly chief accountant.

His Honour Mr. Justice Lindsey Smith, sa Assistant Judge of H. B. M.'s Supreme Court of China and Korea, presided and the jury was constituted as, follows Mesara J. C. H. L. Smith, RT. Matheson, H. Dont, C. H. Reid and Y. HIL

The Crown Advocate (Mr H. P. Wilkin son) prosecuted, being assisted by Mr W. Looker, while Mr J. C. E. Deoglas defended.

satisfaction of the jary.

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ing at things that he was entitled to keep taker should not have occurred, but after the Crown, accused the greener of having back the interest. Of course, what be the explanations given be did not think fraudulently misappropriated a certain sum ought to have done, If this was an action they took on such an ugly look sa ap of imoney. The essence of frandulant mis maraly for temporary convenience, was poured as first sight. It was not the first appropriation was not Ke Douglas had at say rate to have paid that $10,000 time this thing had been done, and, intention. The desnod was that of when he got it into the socount from which nuh the Brst time it had been done with unlawfully converting is his he originally got it. He must have known no intention to deceiva. Prisonars" story, money antrusted for some other objects: fi when he got the money back from the was that he was in receipt of large some of a man: were givet money to take one of Chinaman that be had drawn it out of cash, and the man who had to handle such and instead of that he paid in for his ownL certain account before. He had advanced sums these as well as large amounts of purposes that man was guilty of fraudulent it to himself out of the railway accounts private cash might get a little bit incautions appropriation. The Crown had to prove and if he had tried to conduct the socounts bout keeping office cash absolutely die in this case first of all that prisoner was bonestly he would have put it back again. tinet: Prisoner had told them of two entrusted with portain monies belonging to Instead of that be put it into his own sources from which he received private the Chinese Government; they had got to account a ascond time. At the moment he monies, and that these some were no reprove that he was entrusted with those took the money from the railway sooount ceived all at once. His patent medicins monios for the purpose of being used for so as to enable him to use it for his own brought him in fncome and he was also the payment of railway szpenses; and they benefit they must presume that he was able to sell a third share of bis internat for had also got to prove that he used thus convorting money not his own to his own 89,500. Such a patent medicine was no monies, or a part thereof, for his own Then he had benefit or uso. It was clear from the use. If he wanted money for the silkinsonsiderable thing to own. transaction why did he not get it from also received a sum of $10,000 in soonee evidence that Mr Butler Wright w those mysterious private means of bis tion with work he did for the syndicate for satrasted with certain monies of the rail- negotiating a loan to China. Be admitted way, these monien being put into the about which they had heard so much i rogarded the question of exchange, the that he did take out of one of the socounts International Bank. It was also clear Crown had a right to bring any evidence a sum of 813,000 in the way the prosecution from the very title of the secounts that the which tended to show that the specific alleged. He had previously been talking monies in the International Bank were for ebarges brought against Mr Butler Wright to Mr Richarme about the possibilities of the use of the railway and for nothing ales. xero not an accident. As the jury knew Investing in sily, and abeoquentis-just It was also clear that prisons: did on thres there was a charge in the Court below in re- before Chinese New Year chance came cocazione remove money from the socounts forenes to exchange profits, but he (the along. It was not just then, perhaps, oon-in the International Bank to his own se venient to advance the money, which might count and thereby got possession of certain Crown Advocate) found it quite unneces sary to proceed with that, as those other have been put out elsewhere, but having monies which belonged to the railway funds. Mr told Mr Richarme to let him know when He had, therefore, committed the offence three charges were quite sufficient. Prior to the Crown Advocate summing Wright's contention was, on the whole

on opportunity arose for investment, he with which he was charged. What was the up, he engaired of tho, jury whether they question, that if he had not been arrested, did not like to go back on his word. He defenes? The defence was that prisoner desired to ask any quoations.

And if all his property had been sold, if he therefore did find the money, thinking it thought he was entitled to mix up his was only to be put out. on short ican and private manson with the manier of the The Foreman (Mr Dunt) made, an on- had been politely asked to come back, and quiry as to funds pinced in a Chinese bank. if bis affairs were liquidated, he could have that he would be in a position to pay it railway, and that he was entitled to with--1OUR DESCRIPTIVE CATALOGUE and the point raised we explained to the repaid the railway all and any sams he had back almost immediately. The amounts draw money from the railway accrusts for taken from them. Tha: was a somewhat mentioned in the charge had come out of himself as long as he could put them brok startling defence, and if that was so he the account William Butler Wright, again. It hail, however, been held hundreds THE ALLEVIA Repayments. should not have left the Shamsen with chief accountant," and he (Mr Douglas) ad- and hundreds of times that it was absolute- itmitted that the jury bad a right and wore ly no defence to ray that a man could Asked if there was any further point the such a big snu to clear up. Ea had, na i jury wished elucidatod, the Foreman said, a very large amount in his hands at entitled to ask for some explanation as to take money entrested to him and use it. Shanghai, presumably to spend in Japan. how these aums were again put back. That for himself simply because he thought they thought defendant should be given ou There was great dificulty in meeting such was an explanation which prisoner desired that at sometime or other he would

back anfortunate clerk and solicitor tried opportunity of earmarking the amounts a datonco as had been put forward. His to gire; he contended that they had gone be able to put it back. Nearly every

Honour would point out to the jury that out of the accounts and had gone which he said he had replaced to make up a person took monios from other accounts again. His story was quite feasible; the Old Bailey were in the same posi- and put them into his own he must it was that the matter was only check tion--they took money, honestly intending His story was that to pay it back. and in that sonae they had His Honour said defendant was brought show that be moant to pay them back ablo by the balances.. up before the Court a fortnight ago and at the first opportunity. Even then it he had made payments out of his own no intention to deceive, but they could

would be very nice question as to

to private cash and that these set off the not put it back before the time mame and One could, over since then he had had an opportunity whether or not he was gnity of conversion. money of the railway which he had taken the whole mattes came out.

I ho of looking through this matter. could have marked these sume which he said natter of law if the chief accountant into his own hands. This had been done it was true, imagine circumstances under of the railway took morey from the rail for some considerable time and the amounts which no jury would convict of fraudulent money even though he had replaced, one would infer that he way account for his own use, got interest repaid would become amalgamated from misappropriation of

misappropriation. would have done it. He (His Honour) and on it, and kept it for six months, he (the time to time by the lumping together of there had been actual himself asked defendant to explain the Crown Advocato) submitted that they must lot of small payments. Therefore it would For example, supposing a millionare with matter but he had only pointed out one and such a person guilty of conversion. be very diffcale indeed to trace all these ample funds at his disposal was so situated Al- one night that he argently wanted to make Defendant was not only in a position wpayments through the vouchers. sum. If ecuusel wished, any document trust but in a position of public trust though these trane.ctions were undesirable payment, and, not having a cheque at revealing these repayments could easily whore he was representing the honesty of transactions it was not prisoner's intention hand, drew from some trust account & sum

Great Britain, and while in that position to deliberately defraud the Chinese Gor which he wished to promptly send to be dealt with the accounts in the way he ernment of money. There was perhaps, friend. Then on the next morning be was did. It was, for the jury to say whether some justification for prisoner's way of To taken violently ill, and was prevented for defendant was guilty or not. It was for gardling cash which came out of the con- the moment from paying back that sum. them to say whether defendant had acted atruction scorent at Hongkong cash in Though in such a case he had committed a honestly or criminally, whether he had his own bands when it got to Canton, technical misappropriation ne jury would The Men of the Mountain, by 9. E.. honest excuses, such excuses as would for His Excellency Wai Han seemed to convict because they would say that thisman The Shoulder-Knot, Mrs Henry Dudency. lesse un honest doubt in their minds as to have also regarded it in that light, never intended to use this money strictly Me Janice Raffles, by E. W. Haransg whether he really took the money or not. as from time to time he would ask prisoner for his own purposes. That was, however, Sealed Orders, by A. E. Carey All he old way was that he could not to make this or that little private payment a very different case from the present one. eco how they could ermo to such a view, for him, and to get a draft for £30 or £40 Iere although the money was borrowed pen Country, by Maurice Howlett. His Excellency in September and December there was Kitty Aubrey, by Katharine Tyuan.

Syrinx, Laurence North. but if they considered he was not respon- for him, occasionally.

must have known full well that these same nothing at all to show that any attempt By by besos, by Marriots Watson. sible for his actione, then it would in a

would come out of cash-Mr Wilkinson-was made to pay it back out the follow The Walking Bour, by Harold Wintle. case for dismissal.

Or siberite:") His friend had said ing June. It did appear that prisoner put The Marriage of Hilary Cardon, by Stanley that prisoner was not being charged with back some of the money but he did not Portal Hyatt. Mr D. uge, nddressing the jury on he stealing a single copper cash of axchange, inform anybody he was using this money Two Women, by Baronses d'Anethan. The Foreman said they only mentioned half of the defendant, said it was natural but the statement that he did steal ar for his own purposes, he did not keep The Master Schemer, by Mrs Vero Camp- the point because they thought defendant that in a matter of so much importance as chango was an important one to his learned any slip or record in the public office

-bell should have an opportunity of explaining, a charge being laid against the accountant friend, and this was a matter which the that people might have known he was Feter Homunculus, by Gilbert Cannan.

of the Cantou-howloon Railway that there jury had to carefully bear in mind. In the using money for his own purposes, nor did Trus Tilds, by Q' (A. T. Quillar-Coach). His Honour-He has had an opportunity. should be a great deal of excitement and lower Court they had charged prisoner be, so far as cut was able to ascertain, at Fretty Fanny's Way, by R. Murray Gil-

stir occasioned. Such a thing was only with stealing exchange on a certain bass, the time he took the money have sufficient The Crown Advocate, summing up for natural. But it was not at airy rate and it would have been thought that after means to pay the suma back. He had talked Avenging Children, by Mary E. Mang

necessary that all the wild rumours that maturer considerafino, when they had

slot about his patent medicine and also Cardillac, by Robe. Barr, the proscertion, said it and been proved went about as to the state of the accounts arrived at a different figure 828,000 odd had said that he had a large sum of money A Wild Beauty, by Dick Donover. that Mr Butler Wright was not only should app a in print and by virtue of an against $21,000 before they would have

on one occasion. It was only right, con

A House of Lies, by Bidzey Warwick.“ trusted with the railway property but the written word should receive a sanction bad sufficient confidence in the cinarge, tinued Afis Honour, that it should be The Vulture's Frey, by Tyler De Baix was in charge of it and he himself to which they were not entitled. Counsel Instead of that, however, they appeared to pointed out that there was no evidence to A Country Corner, by Amy Le Fenore. had admitted that he made certain use reminded the jury that prisoner was not have los confidence in it and the charge the value of this patent medicine of whigh Ticas, by Lady Napier of Magdala,

proper wse dropped out. Mr Douglas went prisoner was the proprietor, The only The Forbidden Theatre, by Keighley of the three particular soms mentioned in being arraigned for not keeping

system of accounts, bo we not being on to combat the idea that when prisoner evidence outside what prisoner had himself Snowden. the indictment. Referring to defoodsat's armigned for making errors in the keep left Canton he was absconding, The case usid was that given by Mr Power, who The Third Circle, by Frank Norr atatement that the opening of the accounts ing of the account, he was not being for the prosecution was that he left assets stated that he had neted as an agent for it The Winning Chance, by Elizabeth De at the International Bank was a matter naigned for transferring certain sum behind which very much exceeded that bat had only sont one case to Shanghai. So

Jex of notey from the account of William

amount, and that he had a balanco in hie it did not appear from that it was a very entirely off his own bat, counsel said it was Butler Wright, chief nccountant" to the own private account at the bank of some valuable medicine. A Further point he/The Necromancers, by Robt. Hugh Benson. ? quite einar from the evidence that tho hend account of William Butler Wright." 82,000 na well no another sum of $1,300 wished to point out was that it was for The Two Goodwina, by B.. Marray Gilchrist.

Testimony, by Alice Claude Askew, office of the milway agreed to the opening The charge against him was a charge of in his Hongkong account, which was ant

which to pay back the Wife by Purchase, by Paul Trant. of the acount, and that the account was larceny. That was to my, he was charged closed me as to the question of intention priser himself to prove that he had these Mortimer Marriage, by Horace Wyndham.

with taking away.n. Aum of money which to defraud, he (Mr Douglas) submitted money he had drawn from the railway The Butler's Story, by Arthur Traio. therefore a railway account. That money was not his property, but the property of that the jury should be satirici beyond accounts. From his pass book it seemed Uncle Gregory, by George Sandeman, was ear-marked na railway money. The the Chinese Goverment, and converting it any possible doubt that there was an actual to him (His Honour) that he had no money The House of the Boul, by J. B. Harria

Burland Hongkong construction account at Hoog to his own see so as to permanently deprive shortage of money and that the Chiness to pay it back. Another thing which did kong fed the Hongkong currency account the Chinese Gesernment of the Lonent of Government had lost that money. As a not look like the conduct of an bonest man Aabes of Fassion, by Mrs Conlon Kanahan.

did they think a problem of human nature

Pas the manner in which defendant went at Canton, and the local currency recount, except for irregularities, was fed from you, Mr Douglas, but this man is not these suns would have simply transfered was true that he let it be known that he

His Honour I am very loth to interrupt man who intended to deliberately steal away from Canton; he slipped iway. It Sylvis, and the Hecretary, by Olivia Ramsey. the Hongkong currency account. Marigned for larceny, but for fraudulent them from one secount to another, so tant was going, but the fact remained that he QUALIFIED ENGLISH CHEMYSTS Butler Wright sid be considered conversion of property.-----. all those

were really the j

an offence treated as Mr Douglasit accounts same as bis own private account and larceny. It is under the Larceny Act.

His Housar Thore are many offences that he had a perfect right to treat them under the Larceny Act.

Butler Wright accounts. No. 1, No. 2. Mr Douglas said that be ceptended was and No. 3. It was, he (Mr Wilkinson) that there must be proved criminal intent of defendant having converted the monies contended, an impossible position for any one to say he had & right to mix up the his own use. The jury had to decide had absconded from Canton, had thrown one could judge, to Japan, where he would

have been consulted.

Mr Douglas said it was a very difficult matter to specify to detail the repayments. His Honour--I think the jury rather think the defendant had no opportunity If he could have done it ho would have

done it.

Mr Douglas cbserved that it was almost impossible to trace out over a period of nine months as to which individual amounts were paid out of private cash or railway ∙casts

PROSECUTION Suma Ur.

Even if defendant was prepared to take

that sum.

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there would be a distinct and clear record went away at a most important time, when in the bank books of the transaction the whole of the accounts were That clearly showed that "there was audited. He did not even tell the sub- zo iptention to defraud. They were secountant before he left what he had bear asked to bellove that for a sum of $9,000, duing with the money: He Ripped away which prisoner and admitted he was ready to Shanghai without getting proper par and willing to pay back if it was proved missing frota His Excelency the Director there was a shortage that for this sum he of the Railway and was going, so far 68

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meant that be intended to permanently here, had thrown over his wife and children, seemed very dificult to come to any other conclusion than that prisoner used the the monies in his own possession. It and had decided to become an outcast and i large. Jump suma entirely as his own for man who stood on a criminal would mean that he would have to hanat bad not sufficient money of his own at the it was all the more necessary for charge, the outcome of which was every- waste places under asumed names, to go time. It was, of course, for the jury to

DAY & NIET TELEPHONE: 492. man who had handled railway accounts thing to him, in complicated matter of to places where he was not known, not to decide and not for him (His Honour) to do

bots before Un pop on that, the couple accounts to go into

and

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for his so. But if they came to this conclusion

New San Menyan Aksturot)

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"Guilty could not possibly be mixed up with bis give a clear and concise lecture for an hour to pay him what they owed, To take these

and a

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Zes to his whoresboots a All these assops of one of the Consular rooms and were absent fraudulently misappropriated three specific Quotations for any description of Machinery or Engineering Plant

The law always regards of other persons. If he was night in think he (Mr Douglas) submitted that the ste his would be gone tha ho. Was to GTA MOR ing it was within his province to treat which defendant wished to put before this for the sake of a paltay 89,000, which

serious in your case becaNSE you as himself as only responsible for the yearly the jury did not strike home to their he was said to have stolen. Concluding, When they returned the Foreman was Englishman have chosen to defend this balanoss and to say that he, and be alone, winds entil Mr. Wilkinson had gone counsel reminded the jury that if they asked by the Clerk of the Court (Mr Rosser) offence and have been found guilty.

through his cross-examination, Defendant found that the accounta aot quite was responsible for what happened to the had told them that · any....... accounts for right, whatever the cause might be-who. whether the jury had agreed upon their After making every allowance for what ponty after sub-division-in-Canton, he the inllway not kept in the Hongkong and ther it was that being eldish not in should have boon most careful that the Shanghai Bank were, strictly speaking, not good health, he was an old man of The Foremap-We have.

The Clark of the Court than enquired in climate in which the sentence will A Brilliant, Safe and Cheap, Illuminant by Kerosene Oil Intemational Banic was not led into error milway accounts at all. He had further two hot summer-but wore satisfied that specifically what the verdict was on each of by having an secountán a somewhat simil.told them that it was his duty to organise it was tree that prisoner had honestly be the three counts in the ebarge, the Foreman pass sentence upon you of two years". hard )

the accounts, and that he required very loved-the-socounty to be in order, that he

FELBONER'S COMPOSUŁY. name. Defendant had said he thought the large eh baisages from time to time, contended, absolutely negatived the inten-replying Guilty in each instance.

CORPORATION MANAGERÉ ÚRSSURED,” milway accounts were the same as though balances which must come into his own tion to defrand the railway, and prisoner

Prisoner, who had been standing in the His Hapour said he had been handed an they were his, but from the evidence and hands and immediately pass out again. It was then entitled to acquittal. The jury

the jury. He did dock all the morning, appeared calm and from his actions, it was apparent that he was to deal with this situation that he must be satisfied that a criminal offenes expression of opinion really did not think so. The defence was opened, on his own initiative, three had been committed Prisoner was no not know whether or not it was regular, composed throughout, the only occasion an

Accounts in the International Bank,

it in any case. It ink being tried in a civil action for breach of but he would read that he thought he had a perfect right to scéounts which had been variously describ-greement or nonfalfimenit, of duties." I stated: The jury, are of opinion that which he betrayed the lenat men draw these three cheques, which were for his | od, but accounts-which were in the name was very much, more serions thing grest negligence has been shown by the being, when his counsel made reference account in the bank to which was attached ant; "William Butler Wright, chief verdict would mean prisoner's ruination: not being aware that large sums of money on that account. Then he seemed to the name of Mr Butler Wright. If he did scoountant;" Willian Butler it would mean his imprisonment in Hong were drawn from the Hongkong bank and honestly think that September 14th, Wright." He had told them that he did kong prison--imprisonment in the Fai placed into other bank accounts which were fare some little dificulty in retaining December 30th and February 4th he had a this without consulting with anyone. He East, which meant that it would be operated upon solely by defendant. Had his composure, though he did not give ways Undersigned have been appointed. BOLE AGEN18 In Hongkong and right to draw those cheques for his own did, of course, lake certain amount of under conditions which would sartainly be an edit boon takes earlier, the present to his feelings. He listened to the Judge's private purposes, to obliga a friend or to risk and responsibility, because, strictly very severe for a man of hir position. It might have been averted

The Crown Advocate said he understood observation with raps attention and did fond out on interest on a silk transaction, speaking, he was travelling outside the would mean ruination for him and for

"1

and

have to be served, I cannot da less than:

labour.:

did so he would like to say that there had pamed A few moments later he left the been placed in his hand a letter which box, and, sooompanied by the naval petty arrived yesterday in which he was asked to officer in whose chargs he had been, took make such use, of it as he thought it. He his departure from the Court, being later had therefor thought it proper that it sought down to Hongkong gol

or to invest in shares, he would not hare limita of the agreement, but if the Bank family. But even so, those were facts his friend was going to address the Court not exhibit the least agliation or display. taken the trouble to first draw the money failed, or anything of that sort happened, which should not make them shrink from os the subject of mitigation, bat before ha any emotion whatever Then sentence wa ont of the railway count, then put he quite realised that he would have had to weighing up the evidence. If there was it lato his private account, and then make good. It might seem a little difficult reasonable doubt, however, prison was draw it out again in order to utilise it for to understand, but what he wished the jury entitled to be sequitted, the particular purpose for which he re to see was that defendant's way of looking to quired it. It would not have been neat things it might be right, or it might be JUDGE'S ADVICE TO THE JULY. accounts were his own. Referring to the out of the construction sccount, they be

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$1,000 POLICY FOB 22 0.8.

cessary to take all that trouble, if all the WROTE:Wis "that" once the ravnice polis Honour, in -hig'address to the should be laid before His Hopout After prisoner left the Court the Urown over £12,000,000. sik transselin, Mr Wilkinson à 12 Me came, cash in the kande of William Butler jury, mid he wished to impress upon Honour, who glasoed through the contents money found on prisoner af: Shaeghel THE STANDARD LIFE OFFICE

them-the-great, necessity of eliminating Butler Wight thought be had a right to Wright. Referring to the system of not them the de ans fact the bad Plas FOR LIKHUY "take"money from the railway account for counts, counsel contended it had not bees. rd or anything that had been told them Már Donglás ndāramling His Honour, saldaentioned that the Court had power sander ! this purpose then.... hahould "soon i understood by the sadítors or his learned that had not been proved st the ts at If he wished on behalf of prisoner to sale the Order-in-Council to order that prisoner. §

· have paid it back and not create the song friend, and certainly had been discarded show had been told soything or, had read i Court to take into consideration: the fact Pay the costs of the prosecution. There ww!The above monthly premium will secure £1,000 Polic plications he did. He loaned ont a sum of by the auditors. If there was a proper

of age and that he would havO) to $20,000 on silk, and what was more, be organised: system of payments accounted anything in the papers, and had thereby that Mr Butler Wright was an old did it at a prof. He converted this eum for by voucher they amply, had to take gobozne knowledge which had not been 56 yours of a by his own use by dwing it out of the the mam total from the sum total in the proved at the trial they were to break if us serve tar manteros reposed under oon Hongkong Construction count and lend a book, and it did not matter whether bang absolutely untrue that was to my ditions Thigh would be and dingly krying ing it to a Chinaman, through the bead of the balance was in the Bank or in a lump must be dismind altogether, from their to a man in his position Jardine, and in cims got the money back sum on the amos for. In further observe minds. The three charges were all the To BuZICK. They that they and Bed & bryin

His Honour (addressing

W It appeared to be defendant's way of looks transactions to which soepdon na boản

of

good life aged 25 next birthday PREMIUMS BY MONTHLY INSTALMENTS

the Court 4 After argument, His Bono said the

Before the Court ros Els Honom told matters raised could be discussed at Khang-

parience, And they would be exempted

from Das Okusinan, as wall, sa Vas interest tona Mi Douglas mid haramished that kinda" 1 with them wanacally... Og sacht charg®) Ham Hatlan Wright,www.on hava basu found di nom serving for the nazë three yeaZÉL

WITHOUT EXTRA CHARGE.

For rates and full partien!

DODWELLE CUP TID. 4.

4