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securities and the proceeds thereof to his own use.
Some evidence relating to charges Nos. 1, 2, 4 & 5 is not disputed. On the 2nd. August 1913 the fugitive, who was then performing the duties of a Superintendent in the Treasury at Canton, presented at the Treasury an order for money purporting to be signed by Chan Kwing Ming, then the actual, though not the rightful, Governor General of the Kwong Tung Province. The order (marked Exhibit 7) on the face of it was for money required to be sent to Nanking for Military expenditure. On this order two "bearer" cheques on banks in Shameen, Canton, (marked Exhibits 11 & 13) for $100,000 and $50,000 respectively were issued by Treasury clerks on the 4th. August to the fugitive. On the 6th. August, the fugitive obtained two drafts in his own name for similar amounts from the banks concerned, which drafts
he brought to Hognkong on the 7th. August, and later real-
ized.
On these facts after the close of the case for the
Crown Mr. Potter, Counsel for the Crown, intimated that in
his opinion the Crown could not expect to succeed on the Second charge the charge of larceny of money seeing that
the fugitive in fact never obtained the money within the
Jurisdiction of China.
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On the third charge, which is concerned with the lar-
ceny of an account book, the evidence shows that on the 4th
August 1913 a few hours before the Canton Treasury was
abandoned in consequence of a disturbance, the fugitive had
in his possession the book mentioned in the charge, which
has not since been recovered, which no other books then in
the Treasury have since been missed. The fugitive has
neither admitted nor denied possession of the book-; nor has he accounted for its disappearance.
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