1931-09-26 — Page 7

SATURDAY, SEPTEMBER 26, 1931,

WHERE GUIMARAES GOT, MONEY

Mother And Sister Give Evidence.

A BIRTHDAY LOAN.

Chinese Visitors At Caine Road.

The Court was crowded yesterday, when the hearing was re- sumed of the case in which Kong Sze-yik and Leo Guimaraes are charged with larceny of $7,000 by a trick.

THE

CHINA

the previous November he sent for the witness and told her he had made provision for her son for $1,000 in his will. However, he had decided to pay it then and there, instead of at his death. It was his intention to cancel the provision in the will accordingly, but actually he had not done so. Counsel produced correspon- dence between the executor and, witness's husband, which he did not wish to make public, to save embarrassment.

His Lordship: If it is not evid- ence it can hardly go in. Perhaps

After consulting with Mr. Fitzroy Mr. d'Almada informed the Court that Mr. Fitzroy had kindly contented to waive ex- amination on this point, which need not therefore be gone into.

During the afternoon Guimaraes' sister gave evidence of lend-you might let Mr. Fitzroy see it. ing her brother $2,000, half-of which was to pay his debts, the other to speculate on the Stock Exchange. She said that she had kept $1,000 of the money in a wardrobe in her house for some months before finally deciding to lend it to prisoner. The money was a legacy left to her son. The balance was her own.

Mrs: Guimaraes gave evidence as to Chinese callers at her house at 6, Caine Road, to whose presence she had more than once objected. She said she saw the $2,000 handed over to prisoner by his sister upon the occasion of his birthday.'

RESERVED POINT. DROPPED.

Where Money, Camo From.. Mr. d'Almada proceeded to question the witness as to the brother. Witness snid she with- other $1,000 she lent to her

draw $700 that she had on fix- ed deposit in the Hong Kong and Shanghai Bank. That was at the end of March.

Then how is it that you did not hand it over then? had practically decided to do so, but then had scruples about it, and changed my mind.

At the opening of the case, What made you lend him the His Lordship, Mr. Justice Lind-money?-He kept pestering me sell, uddressing Mr. Leo for a loan to pay off his debts. But finally as you were sure d'Almada, said, "With further He wanted $1,000 for that, and the market was good, you decid- reference to the legal point as to another $1,000 as murgin oned to lend it to him?-Yes, the non-admissibility of first speculation in shares. prisoner's evidence against the second man, I don't know if you have noticed this case... which he then quoted.*

When did he first mention the subject? In March.

Why did you not lend it to him at that time?-Why did you wait until July?-He told me the share market was good, but I waited, because I wanted to make certain.

Was there any arrangement as to getting it back?-If he made enough profit he would pay in full, and any surplus would be divided between us.

|

That accounts for $1,700 al- together. What about the other $3007-I got $200 in February

MAIL:

But I understand it was not yours at all7-1 thought I should be able to repay my son. He is only nine years old. I was sure I could do so,

Mr. Fitzroy: But anything might have happened to you. You might have died. And you might also have got interest on the money. The bank only pays two per cent.

Mr. Fitzroy: That is better than nothing at all. The money might have been stolen. My servants can be trusted And 1 always keep a few hundreds in the house.

Mr. Fitzroy: Thieves, have been known to get into houses, I am told.

Mr. Fitzroy asked if other people knew the money was there?-Nobody. My husband knew I had money, but he didn't know it was in the house.

You also had $700 of your own

per cent. interest. money on deposits?-Yes, at two

She told the Court that on July 26, about 9.30, four visitors" called, but were not admitted. She

saw them as they went away. They looked like detec tives, one being "dressed Euro- pean, and the others Chinese." She at once went to Kowloon to find her younger son, and to get him to tell the elder one. Her younger son was not where she sought him, so she sent a boy with a chit to the Hotel Nathan, where her elder son often spent the night.

How did you immediately con- .nect the visit of the Police with your elder son?-They came at such an unusual time. And on the previous day there had been Chinese at my house, with him. My younger son was having tea in my room. I told him I did not like having them there. ·1. Hnd you spoken to your younger son about Chinese visit ors before?--Yes. On the 18th. A Chinese came to the house on that day. He said his name was Ho. He appeared to be insolent to me. He also wanted to get money from my elder son, who On July 22 you came to the he said was in a concession with conclusion that the market was him. I told him to go away, as good, but whether bull or bear I had nothing to do with my eld- you didn't know? I left it er son's affairs. When he re- all entirely in my bro-fused to do so, I called my young- ther's hands. I knew people er son to deal with him. were making money in the mar-

Do you take any interest in the stock market?—No.

From March onwards did you keep watching it? Yes.

ket.

·

Did you know whether he was going to buy or sell?—No.

Held $22,000 for Son. Witness recognised a man pro- duced in Court, who gave his name as Ho Pui-yim, as the call-

Then your study of the marketer. was of no use whatever?-The reply was not audible.

She went on to say that when her younger son returned home in the early hours of Sun- Mr. d'Almada said that to be

Trusted Her Brother. day, July 27, she told him about perfectly frank he had not yet

Witness said even her hus- the Police callers. He seemed had the liberty to go into the

band told her people were mak very annoyed about it. subject. He had some authority |

or March from a money loan as-ing money in the stock market. with him, however, which ap-

Then you had not decided de-sociation. The other $100 I had peared to support His Lord-finitely between March and July? saved up. ship's contention that such evid-

-No. ence was permissible. Hin Lord- ship, after reading a portion of the case before him, said it ap- peared to be conclusive.

Mr. d'Almada said it seemed Lo-settle the point. His applica- tion for it to be reserved would therefore be withdrawn.

Sister's Story.

Mrs. Isabella Maria Guimaraes Remedios was then called, She said she was the second defen- dant's sister. She had lent him $2,000 on July 29, his birthday, this year.

WAS

Can you give His Lordship some explanation as to how you got the money?—There $1,000 in my possession, which had been left as a legney to my eldest son.

Mr. d'Almada explained to His Lordship that the executor of the will under which the money was left was away from the Colony, and would probably not be back for some time. Therefore a few 'words.

$1,000 in a Wardrobe. Mr. Somerset Fitzroy then cross-examined.

With reference to the first $1,000. Where did you keep it? In my wardrobe. There were two $500 bills. I think they were on the Hong Kong Bank, but am not sure.

You received them.when?— Early in November.

Why didn't you put them in the Bank? I wanted on the matter might to buy something for the house make it clear. The gentleman with them. The money was concerned died last January. In surprise..

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Witness also said that her Mr. Fitzroy: Would it be cor-younger son had never given her rect to say you heard that, your money to keep for him prior to brother said he could make July 22. Then he gave her back on the money, and you lent him your $2,000. He took money and were not interested 25th. At lunch time in the same as long as he made a profit. day he gave her $900 to keep.

course, on stock Did you return that before his That is of market dealing?1t was not arrest on Monday las

to part with so easy for me

I wanted to be! much money. certain.

And when the time came you were so certain that you, had no knowledge of what he was going to do?-I thought he could man- age it properly.

Mr. Fitzroy: We should all be millionaires if we could manage the stock market properly!

Mr. Fitzroy suggested that witness had the money at her disposal for four months, and suddenly made up her mind to give it to her brother.

Saw the Money Pass.

In cross-examination, witness said that the $2,000 was compus- ed of three of $500, two of $100, two of $50, and $200 in $10 and $5 bills.

Do you know where he got it from?-From my daughter.

Had you seen money in your before daughter's possession that time? She came to

my house at lunch time and handed over the money in my pre- sence. She said: "This is the money you asked for," and add- ed congratulations

upon his birthday.

Witness described how the money was made up. There Do you know how she came were the two $500 bills in the possessed of it, by any chance? first $1,000, one $500 and two-No. $100 bills in the $700, and the balance of $800 was made up of $200 in $10 and $5's and two $50 bills.

"It Is the Truth!" Mr. Fitzroy: You decided to lend this sum to your brother on his birthday. It was an extra- ordinary amount for him to be in possession of, and might have been acquired in some other way. So you are quite certain your version is correct, and that you are not saying something to help him? Witness (emphati- cally) Oh, no! It is the truth.

Where did you hand him the money?-At my mother's house. That was on July 22.

Is your daughter well-off?— Yes. She keeps a banking ac- count, and I know her husband is in a good position.

On completion of Mrs. Gui- maraes's evidence the defenco closed: The hearing was ad- journed until Monday afternoon, when it is expected the verdict will be returned.

SHARE MARKET.

Weekly Reports by Brokers.

G. A. HARRIMAN.

His Lordship: To your know-

Hong Kong, Sept. 26, ' ledge did your brother ever G. A. Harriman's weekly share speculate on the stock exchange report and market review issued at before? Not to my knowledge.noon. September 26, states:-

How old was he?-Twenty- There are many interesting fea four.

tures to report for the week under for the

I think you know that for 22 review which was noted years he has held a clerkship in almost meteoric rise in Exchange the R. E. Stores? Yes.

from 11% to 1/1%, thereby caus- Do you really say then of a ing a setback of from 1 to 2 young man of twenty-four, work-points in most of our speculative ing in the R.E. Stores as a clerk, counters. There are many people that you were willing to trust who labour under the delusion that him with this amount when heif Exchange rises local, sharei had no experience whatever?—I must fall, their reasoning being thought the share market was that operators will rush to buy good, and I wanted to make some Sterling, thereby causing tightness- money myself..

in the money market. That may How could you trust him be the case tó a certain extent when he had no experience?—I when the pound has really never thought about that. found its economic equilibrium,

Do I understand that as re- but until then there is. gards the $1,000 to pay his debts actually very ·little Bkell- you never expected to get it back. hood of funds being converted be- How were you going to get it yond ordinary requirements. # back? Little by little, if he just so happened that Exchange. did not make good.

took this jump on the eve of the

But did you expect to see him September Settlement, and the make $2,000, out of $1,000 capi-people referred to therefore rush, tal-I expected him to make ated to Hquidate their holdings at Icast $1,000 in several transac the beginning of the week, sonti- tions. My $1,000 was to be used ment also was against them as the as margin in speculations, London Stock Exchange was clos. "Mr. d'Almada was

permitted

ed for a day and this excentuated to put one,, further question, the Balling wave. However, to-, which was: Had your brother wards the latter part of the week over made any mention of any the liquidation came to an abrupt brokers or share dealers who halt, and we had a very steady might advise him in share tran-market showing a slight recovery sactions ?-No.MENTAT

Mother Gives Evidence. Mrs. Guimaraes, accused'a mother, was then called.

from lowest levels: „The Invost- ment section suffered with the rest

(Continued on Page 8.))"

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