Hay Kory Devily Ass 710/4/11
138
SUPREME COURT.
Saturday, April 8tb.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE),
TATEM E. HOWELL.
The action was continued in which Joha Tato sued Frederick Howell, chief bailiff of the Supreme Court, for an account since 24th September, 1905, of the receipts and disbursements of the defendant in respect of the plaintiff's basiness of a butcher and com- pradore carried on 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. Eldon Potter, who was instructed by Mr. C. E. H. Beavis (of Messrs. Wilkinson & Grist).
The cross-examination of defendant was con- tinued by Mr. Slade-
You told us yesterday that you were in the habit of cashing the crossed cheques of the But- chery Co. business ?--I am afraid I was rather hasty, as on going through the pass-book I find
that was not so.
When did yon begin -I see from the pass hook that on November 18, 1904, I paid over a cheque for $120 and on the 21st, one for 850
Not approximately for the same sum?—I would give a cheque for a less sum aud pay so much in cash.
His Lordship-The point is that we don't want to know anything else except the payments made to the Butchery Co.
Mr. Slado-When you received a crossed į cheque you did not necessarily pay the same sum out, you paid more or less P-That is so. I sometimes gave a cheque for a larger sum and received the balance back,
His Lordship-It is uos a question of your wanting a few dollars. You received from them on the 17th November three crossed cheques smounting to $143.80 and you gave a cheque in return for $120, therefore there is $28.80 balance. You must have kept some record of what you did --I gave it out of my own pocket.
Later it was suggested that the cheque for $50 was made up of the balance of $28.80 aud ! his monthly account for that particular month.
Defendant was questioned concerning a nom- ber of cheques, and Mr. Slade suggested that the system of receiving crossed cheques and
paying them out was initiated by his attorney.
Defendant-I don't think so.
His Lordship-When do you think this ́arrangement was made? It is not a very usual arrangement --He came to me with a crossed cheque and did not know what to do with it, as the man who used to cash them had died. He asked no to cash it,
Apart from the $15 a mouth for the rent of part of your house you have never received any money from the Hongkong Butchery Co ?---No., Among the witnesses you are going to call are you calling anyone who will produce any book to verify that statement - Tsang Ki will be called, but as to whether he is producing any books or not I cannot say.
In Jaanary, 1899, Tatein came back, and whon he asked for accounts, you said as he had been away he was not entitled to them ?-I did not. I made a copy of the accounts and gave it to him. The accounts were made up by Barker, When did you employ him?-When the Butchery was closed.
When did you put Barker on the books?--I should say within a month or so of the closing of the Butchery.
He made the accounts to the end of the year? -I think the begining of January, 1897.
Whom did you employ to collect any outstand ing account P-To the best of my recollection it was Yeang Chang.
Mr. Slade referred to the trial balance sheet which had been prepared by Mr. Howell and Mr. Guiterrez.
His Lordship said Mr. Slade was opening a subject upon which he had to ask several ques tions, and he thought it had better be left over
Mr. Slade Very well, my Lord.
His Lordship (to Mr. Potter)-How many more witnesses have you?
Mr. Potter Four.
His Lordship-Is there a chance of finishing in one day ?
Mr. Slade:-I should imagine that I shall be another hour and a half with Mr. Howell.
His Lordship-There are some important questions. There is a jury cao on Monday.
Mr. Potter--I think we should finish this if This is the more important case.
we can.
·
His Lordship:-The only difficulty is that of letting me know that they will not be required on Monday.
The Press were asked to state that the jury in another case would not be required to-day, and the hearing was adjourned until this morning.
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