1929-05-06 — Page 1

Page

NEW 1929

GRAHAM PAIGE

SEDAN and TOURING MODELS

Touring from $2,300-Sedan from $2,550.

Sole Distributors for Hong Kong & South China:

KOTEGATE & CO.

Pedder Building, 3rd floor. Telephones C. 93 and C. 741.

The

For THE NEWSPAPER 24

Business Manager.

China Mail

No. 27,171

COURT SENSATIONS

BOX WITH IMPORTANT DOCUMENTS FORCED

PAPERS IN DISORDER

P. R. I. Responsible For All Cash

MAJOR LAKE'S ADMISSION

ESTABLISHBD

1845

MONDAY, MAY 6, 1929,

HONG KONG,

LEGAL BATTLE OF "TALKIE” PATENTS

MANY INVOLVED

SEQUEL TO INJUNCTION BY BRITISH JUDGE

ALLEGED INFRINGEMENTS

CAPITAL INCREASE

CHINA LIGHT AND POWER CO., LTD.

280,000 NEW SHARES

was ap-

Increase of the capital from $3,600,000 to $5,000,000 proved by the China Light & Power Co. (1918), Ltd. to-day when four ordinary resolutions

PRICE $3.00 Per Month.

WAR WITH KWANGSI IMMINENT

TROOPS MOVING

KWANGTUNG ENMESHED IN NEW CIVIL WAR

"Your Eyes Are Safe With Ue"

N. LAZARUS Hong Kong's Only European Optician

Established Over Forty Year). Manager:-RALPH A. CODER, Registered Optometrist by Cadian

Govt. Exam. F.LO. (Loadt.

(Personal Attention).

TREASURY KEYS

NEVER BEEN LOST FOR 8

YEARS

WORLD'S HIGHEST "SKY-SCRAPER”

EIFFEL TOWER

WHAT IS PROPOSED AT CHICAGO

75-STOREY BUILDING

DISPUTED CHEQUES CASE

That as far as he knew the keys to the safe at the Treasury had not been lost during the last eight ONE REDEEMING FEATURE years, was the statement made by the Hon. Mr. McI. Messer, at the London, Yesterday,

Reliable information has reached] Supreme Court this morning on

Chicago, Yesterday. The prosecution of the lega!

the Colony that war against Kwang-the resumption of the were unanimously approved at an

case in Plans have been completed for the battle with regard to the "talkie" apparatus patents is to be pursu-extraordinary meeting held in St./si is imminent and that the first Original Jurisdiction between the construction of the world's highest

shots may be expected within the Colonial Treasury and the Hong building. where the George's-building, the office of next few days. There were two sensations at Scandal Point this morning, whened in other countries

Kong and Shanghai Banking Cor- It will consist of 75 storeys by the West Electric Company's patents Messrs. Shewan, Tomes & Co., the It is known that troop movements❘poration.

Railroad and Air Rights Corpora- the District Court Martial, which is trying Corporal Charles Hendry, are being used according to a general managers.

have already been taking place in The action is a sequel to the tion, and will be 1,002 feet high or a of the King's Own Scottish Borderers, on auruerous counts of alleged for the Engl and Klangfilm Tobis Others present were the Hon. Mr.have been initiated by the Admiral over $250,000 by means of three moter-cars and Turkish baths.--

joint statement issued by counsel Mr. R. G. Shewan presided. the direction of Wuchow and other Carvalho Yeo forgery case, where few feet higher than Eiffel Tower.

West River ports and that measures by the Treasury was robbed of It will include a garage for 1,000 embezzlement, whilst acting as clerk to the President of the Regi-Group, after Mr. Justice Romer

had postponed the cuit for as-in-. P. Braga, Mr. J. Scott Harston, in-charge of Canton's Navy to alleged forged cheques. Yeo is Reuter's American Service. amental Institute, during 1928, was resumed in the Padre's Hunt. junction.

Mr. C. A. da Roza (directors), Mr. counter them.

now undergoing sentence of ten Paris is specifically mentioned | Noel Braga (secretary) and As already been reported Kwang-years in Victoria Gaol in the statement, where proceed-Messrs. Allan Keith, J. Toppin, tung has been very lukewarm over Mr. Eldon Potter, KC., and Mr. ings will be taken, but alleged in-F. J. Tavares, A. A. Botelho, Tse an outbreak against Kwangai, but it Sheldon are appearing for the fringed patenta are also being Tsan-tai, A. H. Rumjahn, R.

Crown on the instructions of Mr. employed in Italy, Spain and Pestonji, W. G. Lawson, F. A.

T. M. Hazelrigg, M.C. Treasury's Sweden.

Solicitor. Mr. F. C. Jenkin, in-

The report of the Directors of structed by Mesars. Johnson,

the Union Insurance Society of Stokes and Master,

appears for

Canton, Limited, for presentation to the Bank. The case is being the shareholders at the fifty-sixdb heard by the Chief Justice, Sir ordinary meeting, to be held at the Henry Gollan, K.C. A special Society's office at 11 am, on Friday, jury is empanelled.

THE FIRST DISCOVERY

The first sensation was brought to light when the Court gathered just before 10 o'clock, when it was a box containing the found that documents relating to the case, which had been left in the hut over the week-end, had been tampered with,

The lock attached to the box had been forced away and the interior. of the box was in disorder as if it had been rifled. A hurried search of the contents of the box, however, revealed that nothing had been removed from it, and the documents appeared to be in order.

The second sensation during the evidence of Major Lake. K.O.S.B., who had acted as P.R.I., since October 19, 1928, He stated in cross-examination by Mr. D. L. Strellett, for the accused, that he thought that the King's Regulations laid it down that the

came

P.R.I must himself handle all money passing through the institu- tion. If the P.R.I. delegated the handling of such money to his clerk, then the P.R.I. was responsible for the clerk.

have been paid into the bank by the accused,

Australia is also likely to be involved.

Mr. Wadeson inquired why, and

The Western Electric Co. have Major Lake replied that it had been fled five suits in Berlin to restrict brought to him by the accused to the

Uše of Klangfilm Tobis be endorsed and witness had told patents-Reuter. him to pay it into the Bank. ness added that it was the accused's duty to pay it in.

Wit-

The amount of this cheque, Major Lake said, was for $30.57 made by witness for payment of a bill against him by the N.A.A.F., for cleaning materials. The body of that chaque was written by the accused. The witness learned of the êxistence of the N.A.A.F.I., bill from the accus- ed.

Never Saw Receipt

that that was as far as he could re- member.

Mr. Wateson asked if it was cus tomary for the clerk to make pay ments into the Bank, Major Lake replied that he thought it had al- ways been the custom of the FR.I to send the clerk.

Xavier, Tang Hung-ka. Captain

C. B. Riggs, Captain R. D. Thomas Rainfall to 10 a.m. 0.05 inch. (shareholders).

1929 Rainfall

6.46 inches

13.10 inches

..6.64 inches

Don't Waste Water!

The Resolutions The secretary having read the Average notice convening the meeting, the Chairman proposed each of the Deficit four ordinary resolutions, follows:-

As

be in-

Mr. Messer Recalled

UNION INSURANCE

FINAL DIVIDEND FOR YEAR 1928

May 24, is as under:-

The Board has now to lay before

2

At the request of the jury, Mr. the Shareholders a Balance Sheet 1. That the authorised capital of

Messer was recalled to the wit-containing a. Summary of the Pro- divided into 720,000 shares of the the company (which is now $3,600,000

ness-box this morning. In answer perty and Liabilities of the Society nominal value of $5 each, the whole is being forced to act

Mr. Sheldon he said that he had on December 31, 1928, ated of which have been issued)

under the looked into 68 cheques over the Statement of Working Accounts. creased to $5,000,000 by the creation orders of Marshal Chiang Kai-shek. week-end. These cheques were 1927 Account:-After payment nominal value of $5 each ranking as of 280,000 additional shares of the The only redeeming feature in drawn in favour of the Captain of the interim dividend of 249. the new development is that the Superintendent of Police toward per share and the bonus of 20 per from date of allotment for dividend and in all other respects pari passu

Ironsides and their notorious Gen-the end of 1927. On one cheque, cert. to Contributors passed at the with the shares constituting the Com-

eral are at present a considérable which was for Mr. F. C Mow last Annual Meeting, there remains distance up North and, therefore, Fung, he could notice some differ- a balance of £148,020 Za, 5d. as per pany's present issued capital.

out of harm's way as regards ence in the handwriting. There annexed statement. operations between Kwangtung was another cheque which had un- "The Board recommends that and Kwangsi in the immediate usual features and the handwrit- final dividend of 168, per share on future.

ing on it did not appear to be 135,000 shares be paid to Share- Chu Chao-hsia

that of Tsang On-wing, The holders, absorbing £108,000, and A visitor to the Colony at present writing on all the cheques, how that the Balance be carried forward

to close the Account for the year

company's

share register

逛

to Underwriting Suspense Account

1927.

Replying to Mr. Fitzroy, Major Lake said that toward the end of the accused's time he (witness) might Answering other questions, Major have made some payments into the

2.--That 80,000 of the said 280,000 Lake said that he never saw the re- Bank himself. He could not remem in the first instance (in the propor- additional shares be offered forthwith ceipted bill for which this particu-ber.

tion of one new share for every com- lar cheque was drawn.

Mr. Wadeson: Apart from the last plete number of mine existing shares By Mr. Fitzroy: The bill, witness three months during which time you d

held by them

to the understood them, was for goods sup-have acted as P.R.I., you have seen 5th day of

members of the currpany who on the posed to have been supplied by the working of a F.R.I.'s office in 5h day of May, 1124ure register is Chu Chat-hain, who quite recently ever, was not compatible with the N.A.A.F.I., some time before witness the course of your Army experi- as the holders of the

said 720,000 resigned his position as Foreign handwriting on the three disput took over the duties of P.R.I.

ence? This is my first experience shares at par and so that on accept Commissioner in Canton, his re-ed cheques. Continuing, Major Lake said that as P.R.I., but I think the working of amount of 36 due in respect of each ance of the offer the full nominal

Witness was then questioned by 1928 Account:The Balance of he had asked the accused for the it has always been the saute.

the jury in connection with the Working Account on the 31st such share taken up shall be paid not receipt, and when it was not fortk-

That is in your battalion -Yea

keya to the safe at the Treasury December, 1928, was £136,179 198 later than the 4th day of July, 1929. coming, he went himself to, the

No Entry of a Cheque

and in which the cheque books 5d. as per annexed statement. And that such offer be made by N.A.A.F.I. for it. Then witness

were kept. Asked if any key had The Board recommends that an A cheque for $115 was then pro- notice specifying the number of found that the cheque had been duced by Mr. Wadeson, and Major shares to which the member is en

been lost during his term of office, interim dividend of 244. per share witness cashed and the money not used to pay Lake said that there was no entry which the offer if not accepted by the titled and limiting a time within

Mr. Messer replied in the nega- be paid to Shareholders, absorbing any bill.

in the P.R.I.'s books of this cheque member on behalf of himself or his

tive.

£162,000, that a bonus of 20 per Examined further by Mr. Wade- having been received. There was nominee will be deemed to be declin- son, Major Lake said that the bil-no record of it in any of the four ac- cds and that the directors of the com- liards tables at the barracks belong-counts kept by the P.R.I. Replying to Mr. R. A. Wadeson, ed to the N.A.A.F.I., and the P.R.I.

In cross-examination by Mr. dates and upon such terms as they prosecution for Capt. P. Perfect, hired them from

that Institute. Strellett, Major Lake said that he may think fit. And farther that any K.O.S.B., Major Lake said that he The hire was paid by deducting from was struck off duty for the purpose of the said 80,000 shares which shal! took over the duties of P.R.I. from rebate due by the N.A.A.F.I. The of taking over his employment as not be taken up by the company's Major Ogilvie about October 19,

men were charged for games play-P.R.I. He had other duties to per- disposed of in such manner at such shareholders In muuneroresaid be 1928. The accused was the P.R.I.'sed on the tables and the money thus form in connection with the batta- time or times and upon such terms clerk at the time.

collected went to the P.RI's offee.lion, but the P.R.I's were his prin- as the company's directors shall in The accused's duties were to keep The money was received either by cipal duties. Witness was struck off their absolute discretion taink fit. various

the P.R.I., or his clerk. "Practical- the command of a Company when between accounts P.RI's office at the Chartered ly always the clerk," witness added. he was appointed P.R.L. Bank, and he also kept the Messing The money should have been paid Book.

Duties of Accused Corporal Major Lake, President of the Regimental Institute, of the 2nd Battalion, King's Oarn Scottish Borderers, was the first called this morning. He was not 'sworn because the Judge Advocate intimated that his evidence waz of a formal nature.

the

The Judge Advocate (Mr. Somerset Fitzroy) asked if the latter book was kept for the P.R.I., and Mr. Wadeson replied in the negative.

Mr. Fitzroy then asked why that book had been mentioned.

pany be at liberty to fix such time and to extend it to such

date or

3. That no shareholder shall be entitled to any offer of a fraction of an additional share in respect of any odd share or shares had by such shareholder.

That the remaining 200,000 of

conditions as the directors

fit.

Mr. Chu Chao-hsin

In answer to another question, cent. be paid to Contributors, witness said that in the event of absorbing about £20,000 and that any keys being lost, the P.W.D. the remainder be carried forward. would be asked to make another

Directors one.

Presumed No Key Lost!

Since the last General Meeting, Mr. Arthur Maegowan, Mr. T. G.

Cross-examined by Mr. Jenkin Weall and Mr. C. G. S. Mackle re- signed from the Board, and Mr. as to the peculiarities of the John A. Plummer, Mr. J. P. War- cheque on which witness said that ren, and Mr. L. J. Davies

the handwriting did not resemble

Auditors

have

Messrs. Lowe, Bingham and Matthews and Messrs. Linstead

election.

that of Tsang On-wing, Mr. joined the Board.

In accordancs with the Articles Messer said that it looked to him of Association, Mr. J. Owen Hughes that the writing was studied and and Mr. W. 11. Bell, retire, but Replying to another question as to

lacked unconsciousness, but it offer themselves for re-election. into the Bank and eredited to bil-knowledge of the work entailed by

was not as neat as Tsang On- liards account.

the duties of the P.R.1., Major Lake

wing's usual writing. Taken back to the cheque for said: "You have to learn the job issued in such manner at such time and accepted by both Marahal Chiang gentlemen of the jury that those and Davis, Chartered Accountants,

the said 230,000 additional shares be signation having been tendered to

Mr. Jenkin: You just told the $30.57, Major Lake said that that like anything else. cheque was entered in the. P.R.I‚'s

The P.R.I. deals with public funds? or times and upon euch terma and Kai-shek and the Canton adminis-wo keys had been in use for retire, but offer themselves for re- book as having been drawn, and there-No, Regimental Funds. I would in their absolute discretion shall think tration. Rumour has it that he per-eight years. How do you know! was an entry that it was paid to not call them public.

Bonally was opposed to Kwangtung's that? N.A.A.F.I. by witness for cleaning

Puppy Day Collection

These resolutions were second- participation in 2 war against Mr. Messer: I have been at the materials.

Sometimes more than Regimental ed, respectively, by the Hon. Mr. Kwangsi, and that he intended to Treasury eight years and no re No Money to Meet Bills Funds Tattoo and Poppy Day, for J. P. Braga, Mr. J. Scott Harston. retire for a time to his village home port of any loss had been made to books coming from the Treasury Mr. Wadeson: When you took example? They are most essentially Mr. Allan Keith and Mr. A. H. at Huahsien, in Kwangtung Prome.

were sealed and after the addi- over the duties of P.RI.. that in Regimental Funde; the Poppy Day Rumjahn-and carried unanimous- vince.

Is that your only basis for say- tions had been put thereon, they stitute was in debt?-Not actually collection was made within the Re-ly.

It is reported that his successor ing so?-It seems to me to be so. were returned to the Treasury will be Chan Cheung-lok, also a Can-Just because no report was made also sealed. A clerk always ward I found that there was a lot Answering other questions, Major DECEASED MINISTER tonese, who has been stationed of to you, you therefore

counted the number of cheques in presume -As far as the witness knew, it of outstanding bills and no money Lake said that there were orders

late on Hainan Island.

Little is that no keys had been lost? Yes, each book on reception and count- had been the practice for the P.R.I.'s to meet them. At first there looked and regulations to guide him in his BODY TAKEN FROM SWEDEN known of his career or his abilities

Have you examined the keya? ed again before returning to the like being a good credit balance duties as P.R.I. The rules for the

for the post of Foreign Commission-I have seen them.

Treasury. er, as he has not been in the lime- In answer to further questions, light to the same degree as other of Mr. Messer said that he would not the Cantonese leaders.

Mr. Wadeson replied that it was relevant.

The Messing Book

Replying to Mr. Wadeson, Major Lake agreed that the Messing Book was kept in the P.R.L's office and was done by the latter's clerk

clerk to pay moneys into the Bank

for the various accounts run by the P.R.I, These moneys were brought into the P.R.I.'s office and either paid to the P.E.I. himself or to his slerk, the matter depending on who was present at the time.

at the time I took over but after giment.

the Bank, but actually, there were, conduct of the P.R.I, were in a book

a good many outstanding bills and when the witness took over he against that credit.

studied that book.

The witness said in reply to an- *Mr. Strellett; The three main other question that the main sources duties of P.R.I., are to receive

TO ENGLAND

KING'S ACCESSION

Teang On-wing's Career Tsang On-wing was then called

SIR J. T. VAUGHAN ·

go so far as to say that Yeo had to continue his evidence. Asked London. Yesterday.

made a habit of having his tifin to give an account of his career, The Swedish destroyer "Ehrens-

at the Treasury. He would, how-he said that he was educated at of revenue of the P.R.I. were the money, pay out money and keep ac- kold" reached Sheron (7) with the

ever, say that Yeo took his. tifin Queen's College and was two Cheques paid to the P.R.I.'s rebate of the N.A.A.F.I., and rebates counts?—Yes.

body of Sir John Tudor Vaughan,

To-day is the nineteenth anni- there quite regularly. There were years and a half in the top form office were kept and paid into the and rent of the tailor and barber.

P.RL. Responsible

British Minister to Sweden, who versary of the accession of His other members of the staff who before he left school to seek em Bank of the discretion of the F.R.L.There was also an amount of P.R.I. Which of these duties are taken died suddenly a few days ago.

Majesty King George to the Bri- did the same. Mr. Moosa, the ployment. He had been a teach- These cheques were usually kept by trading (the F.R.L. sold a certain on by the P.R.I personally? There The "Ehrenskold" was met by tish Throne.

Chief Clerk, was one of them. -- er of English at the Whampoa the P.R.I.'s clerk.

amount of goods) and various other is no regulation as to which he had the two British destroyers Trini- the warships in harbour were Mr. Messer said that Carvalho half before he joined the Hong In honour of the occasion - all Re-examined by Mr. Sheldon, Naval School for two years and a Proceeding, Major Lake said that odd things.

to perform himself, but he is res: dad" and "Teazer" and escorted when he first took over the PR.I's In the latter connection, Major ponsible for all of them to the harbour-British Wireless dressed, and a Royal salute was Yeo kept his account books in the Kong Government Service in 1914. office the cheques were kept by the Lake mentioned the Tattoo account

Are there any regulations as to Service. PRI's clerk, but later witness started keeping them himself,

and the Poppy Day collection, which what duties must be done by the also passed through the PRI's accerk?-No: he has to do whatever count before being paid out. duties the P.R.I. chooses to delegate

At this stage the Judge Advocate to him. inquired if there was s charge Do you adhere to that? Not ex- against the accused of falsification tetly. I think that the regulations of the books. N

say that the P.R.I must handle

Procedure After Discovery

SOUTH POLE

WHAT SIR H. WILKINS HOPES.

TO DO

Answering further questions by Mr. Wadeson, Major Lake said that all cheques were brought to him by the clerk before they were paid into the Bank. He looked them over, en-

LEAVING IN SEPTEMBER dorsed them, and then gave them to Mr. Wadeson replied that there money himself. If he delegates that the clerk (accused) to pay into the was not; he was only charged with part of his duty to the clerk then

London, Yesterday. Bank, instructing him to bring the embezzlement.

he is responsible for the clerk Sir Hubert Wilkins, the Arctic paying-in slip back to him imme-

Answering other questions, Major and Antarctic explorer, landed at diately on his return from the Bank

Major Lake, proceeding, said that Lake said that certain payments by Plymouth to day. On his last A Cheque Daly Endorsed after he discovered that the cheque the P.R.I., were made by cash. From Antarctic trip Wilkins explored One cheque was produced by Mr. for $30,57 had not been paid to the time witness took over luntil 1,200 miles of coast line, dis Wadeson and this Major Lake Bald N.A.A.F.I., be continued the old sys- November 19, 1928, he had drawn covering 20 islands, two channels had been endorsed by him and it tem of the accused paying cheques cheques from cash. The first was at and one strait. He returns to the should have been paid into the and money into the Bank for the the end of October for $199 to pay Antarctic next September when be P.B.L's account at the Bank. As far rest of the time the accused worked extra daty pay, and another at the hopes, with seroplanes, to explore se the witness knew, however, it was for him, but he ordered accused to beginning of November for $59 for 2,500 miles of coastline between not paid into any of the PB.I.'s produce the paying in counterfoils Battalion Cook's pay. four banking accounts. It should I immediately

Witness added The case is proceeding,

Grahamsland and Ross Sea tish Wireless Service.

fired at noon.

CLOUDY

This morning's weather re- port issued by the Royal Observatory, statedinjen

The anticyclone which has attained considerable intensity is now central near Tokyo. Pressure is relatively low over China and Tongking,

Forecast-E to 3. winds, moderate; cloudy and misty at first, improving later.

TODAYS DOLLAR

The closing rate of the dollar on demand, to-day was 1/11 7/16,

same safe where the cheques were He was now 35 years of age and kept.

married.

Witness was then asked to des- More Precautions

cribe his handwriting on several Principal Warder Didsbury, offi- cheques. He said that on the cer in charge of the printing de cheque to the C.S.P. on which Mr. partment at Victoria Gaol gave Messer noted the unusual features evidence of how the Treasury's of the writing, he wrote what he cheques were sent to him for cer- called his school-boy or copy tain inclusions to be printed on book writing."

the cheques. The words "Order," Ordinarily he wrote all

all his Cashier Colonial Treasurer, the cheques in his "ordinary office date and the serial numbers" were writing," which was written rapid- the additions to be stamped on ly, and the noted difference would sach cheque. This was done by be found on the "m" and “n”. hand, and the cheque book zeed There were several other not be unbound for the purpose. cheques which he wrote in bis By the Jury: Cheque books "copy-book" writing and some of from the Treasury used to come them were written eighteen wrapped up in paper with a string months before Yeo joined the tled across it. The parcel was Tres

He then went into never sealed, but since the lengthy details cheque by cheque.. Carvalho Year case, all theque The case la proceeding.