1915-06-14 — Page 3

FORGERY CHARGE" AGAINST A, FOREIGNER,

· FURTHER HEARING AT SHANGHIAI POLICE COURT

fraud.

THE HONGKONG DAILY PRESS, MONDAY JUNE 14TH, 1015.

TRADING WITH THE ENEMY.

AN APPEAL IN THE SUPREME

PRINCE OF WALES' FUND.

CANTON'S CONTRIBUTION.

CIGARETTE AND TOBACCO FUND.

FRONT

Asunt acknowledged to 29th

May -ID15 Mr. F. G. Becks (Contribution Sergeant Cashman (Sheung Shui) Late Engineer Commander Ham-

for May)

Mr. J. C. Saunders.....

5,017.11

15.00 5.00

15.00

date, the inference being that the defend ant had probably got hold of a blank form from the marine superintendent'e roan, with that date on it. There were also a | couple of compradore orders on the Hsia

COURT FOR CHINA, Peking, but, it was not certain how the

His Majesty's Consul General, Canton, defendait managed to get hold of these.

MAGISTRATE ORDERED TO CONVICT has remitted to the Prince of Wales' In H. M. Police Court at Shanghai on

Mr. Newman instanced ether cases of a

Relief Fund local subscriptions for May In H. M. Supreme Court at Shangbai inilaranture, and in regard to lose.com- The 7th inst.. befors G. W. Klug, Esqerning Captain Lloyd, counsel and he

on the th inst., Sir Havilland do Saus amounting to £92-89od. The total Alagistrate,

thought the Court would have no hesita marez, Judge heard an appeal by the amount set frour Canton to date is Harold L. Blair, an employee of Messrs. tion in coming to the conclusion that Caption of Messrs. Andrews, von Fischerz &

Crown in connection with the prosecu£1,799 17%, 10d, " Batterfield & Swire, was charged Lloyd's signature had been forged. For that be en June 2nd, 1915, at Shang. It was impossible to prove definitely with George, Ltd., under the Trading with hai, feloniously did forge a certain vala at the defendant's admission with re the Enemy! regulations. - The notice of drawn by the firm of Butterfield & Swire possible to prove, without that admission,ant in a matter entitled Rez (Herbert able steurity, to wit, a compradors order card to all the documents, but it was quite appeal read as follows:-

I, Herlert Phillips, being the complain-; purporting to be payable to ene Captain erat of the cases. R. J. Cain and purporting to be signed Barrett, chief accountant in Butterfield & Britannic Majesty's Pulice Court at

Phillipa) terana Andrews, von Fischers & FOR THE ALLIED FORCES AT THE The first wittens called was Mr. E. CGeorge, Limited, which was heard in Mis the said firm of Butterfield & Swire an Swire's office. He said that one of his Shanghai, and determined therein on dated June 2nd, 1915, with intent to de-first duties in the morning was to ge May 21st, 1916, under the provisions of

Two further charges were added, relat and he then handed them over to the man

through the compraderc's cash; vouchers, Article 13 of the China Order in Council, ing to dates between February 28th and in the office who wrote up the cash book.

1904, and being dissatisfied with so much May 3.st, nemusing the defendant of forg-On Thursday morning, the witness was mined cant upon the evidence that the ing des compradore orders drawn on looking through these receipts, and he said Andrews, von Fischerz & George of the decision of the said Court as deter Butterfichi de Swire, purporting to be came across the cno purporting to be paid Limited, did on or about January Bih, made payable to certain persons and to be

to Captain Cain. Being such an un signed by Butterfield & wire, totalling insually large amount and having heard 1915, open a credit with the Shanghai. the aggregate 33.272.54, with intent to do nothing about it previously, he spoke to Society, a neutral Banking Corporation, Fraud Further, that on various dates be Mr. Towns, his chief assistant, on the sub for the purpose of meeting and paying Branch of the Netherlands Trading tween Aprik 19th and May 31st, thjeet, Mr. Towns professed ignorance for drafts from inte to me to be drawn defendant feloniously did utter the above and examined closely the compradore by Ed. Kauitz & Co., of Hamburg, in Ger untioned compradore orders, knowingerder. the sate to be forged.

The witness then inckled Blair Mr. K. E. Newnan appeared to prosecut the writing on the order, and he many, an enemy country, on the said

admitted it was hie. initials were on the order, and he replied through the Head Office in Amsterdam of He asked him whose Andrews, von Fischerz & George, Limited,

Mr. Norman, in stating the farts of th

Towns" Witness spoke again to Mr.the said Netherlands Trading Society and case, said that Mr. Barrett, the head book him, Mr. Towns examined the order 1925, the said Ed. Kanitz & Co. did draw Towns, and in consequener of what he told further that on or about February 5th, keeper in Messrs. Butterfield & Swire's, again and produced a cheque book. He was looking through the returned compra. showed witness the counterfoil, dated dore orders on Thursday morning. Jun June 11th, which was identical with the

He noticed, and was surprised t ser, such a large amount as the one refer nount of the compradore order. After red to in the first charge.

coming to certain conclusions the witness went to the manager's offer. went to another member of the department back to his own office a few minutes later Mr. Town, whose duty it was a ping and noticed that Blair was not at his desk, all compradore crders, the initial beiaz Witness ascertained that the accused-was- in the form of a stump Compradort in the building, and he then went to a pay," with Mr. Towns' 'initiala. Sening the initials, Mr. Barrett spoke to there, and while he was in the room the He met an individual Towns, and asked him how it came about telephone bell rang That such a large amount was paid by the and witness asked him where he was. The

Blair was speaking compradore instead of by cheque, The rule in the office was that the firm did not

actaved replied that he was a long way pay their captains and other employ sex by compradore order unless in cases ut emergency.

cute, and the defendant was represented by Mr. E. W. Godfrey

Brd,

Mr. Barrett

Upon the ecmpradore order being shown to Mr. Towns, he saw the initial en it were not his own. The accused's desk was in the same room, and Mr. Bar rett went acress to Blair, whose businers

it was to write out the compradore or lers before were signed by Mr. To Blair said the compradore order was in his Landwriting Br. Barrett then went back to Mr. Towns, who remembered that the particular amount had been paid by cheque to the same man before. They looked at the counterfoil in the cheque bok, and found that Captain Cain had

certain raoni.

oft.

Ile woul

Witness told him that it would be much better for him if he made a clear breast of the whole business." and asked see Mr. Mackay. him if he would go round to the office and did not care to.

The accused said he the office, and saw Mr. Mackay just be However, he did go to fore half-past one.

made by say client should not be brought Mr. Godfrey-Any statements then it evidency against him now in view of the statement already made by Mr. Barrett and what was held out to him if he wont

to the office.

Mr. Newman-I dare say there was n inducement, because Butterfield & Swire were very reluctant to prosecute.

His worship-There was a particular

on the spid Andrewa, von Fischerz &

George, Limited, for £76.6.10 and that the said Netherlands Trading Society in con- sequence and consideration of the credits so opened as aforesaid by the said paid to the said Ed. Kanitz & Co. the said Andrews von Fischers & George, Limited,

draft, and further the said draft was sub- sum of $26.6.10, the amount of the said sequently, to wit, on or about March 29th. Fischerz & George, Limited, interest being 1915, accepted by the said Andrews, van

draft, as against Andrews, von Fischerz & charged on the face value of the said George, Limited; by the said Netherlands Trading Society at the rate of 6 per cent, as from the date of the financing by the said Bocicly of the said draft as afort until payment and that upon the facts said at the rate of 0 per cent, per annum

George, Limited, had not committed a that the said Andrews, von Fischers offence within the meaning of Regulation Enemy Regulations, 1915," do hereby give subparagraph 4 of "Trading with the you notice that I appeal therefrom to the Full Court as erroneous in point of law, that is to say that the conduct and actions of the said Andrews, von Fischers & George, Ltd., constitute an acceptance, payment and dealing with a negotiable in strument held on behalf of an enemy, they having at the time of acceptance, payment

&

mond, R.N., who met his death A Friend .....

when H.M.S. Triumph was: torped ed

members of the Committee:--

Further

Contribution Mr. D. W. Craddock......$10.00 Mr. Gaston Liebert

14.00

10.00

from

10.00

Mr. W. Barker. Mr. J. H. Gardiner Mr. W. A. Dowley Mr. G..J. R. Sayer

-10.00

10:00

10,00

10.00

Amount expended

A. GO.CO

$6.137.61 ...$4,805.07

8271.54

Balance in hand

the amount sent to date is 1,003,000 Subscribers will be pleased to know thuit

The cost of the Weudbine Cigarettes is Cigarettes and 2,588 lbs. Plug Tobacco. £1 per 3,000, and the Fling Tobacco 11d per lb., these being the same prices as are charged 10 those who order direct from cheaper Cigarettes could be obtained the manufactory at home. Very much locally, but the Committed decided after due consideration to send a class at least. as good as those sent from home. that the consignment ordered by telegram. A communication has been received

following, and it will be acon they are dated 1st May, were despatched to the

different regiments: distributed as far as possible amongst the

Woodbine. Tobacco.

Plug

10,000 and 44 lbs.

44,,

22

1st York and Lncaster

Regiment 1st Loyal N. Lancs. Regt... 10,000 2nd

Northumberland

Fusiliers

1st Manchester" 3rd King's Royal Rides,

27th Division

10.000 5,030

5,000

received exactly the same amount a few statement made by Mr. Barreit, a person and dealing reasonable ground for belies 2nd Cavalry Division 5,000

days previously, Mr. Barrett went to see Mr. Mackay, the manager, and when be came back he noticed that Blair had -left-the-room-Mr. Towns was-instructed- to make inquiries, and he went to a cer tain room where he saw a boy packing a bag, which was taken to Batterfield & Swire's office. Mr. Barrett spoke to the pening to ring up a place where Mr. Bar defendant over the telephone, Blair hap

that Blair inade cerinin statements.

He

in authority over the accused. The lowing that the anfd draft was held on behalf is very clear on this point.

Mr. Barcett continued that he was in-

structed to investigate the cash books with Blair, who had, en witness suggestion.

esanted to assist him.

of an enemy.

4th Oxford and Backs L1, 5,000 No. 2 General Hospital 10,000 No. 3 General Hospital...10,000). 2nd Devon Regiment....10,000 2d Northampton Regt....10,000 1st. Gloucester Regiment. 10,00

AN APPEAL.

22

22

INTIMATIONS

LANE

CRAWFORD & Co.

(ESTABLISHED 1850),

(TELEPHONE 1743).

TROPICAL WEIGHTS IN

AERTEX CELLULAR

SHIRTS & UNDERWEAR.

3001.

AERTEX

VESTS

$2.00 to $3.50 EACH,

AERTEX

DRAWERS

$2.00 AND $3.50 PER PAIR.

AN AERTEX CELLULAR COTTON VEST (HALF SLEEVE)

AND TRUNK DRAWERS, an illustrated, is An Ideal Suit of Summer Underwear,

WHITE LISLE DAY SHIRTS SOFT SINGLE CUFFS,

$3.75 AND $5.00 EACH

WHITE LISLE TENNIS SHIRTS COLLAR ATTACHED,

WHITE

$3.75 EACH.

'COTELLA” DAY AND TENNIS SHIRTS

$2.75 EACH,

Wear AERTEX Cellular

and keep cool.

......

AERTEX ventilates the body-lets out the heat and keeps the skin dey and

It prevents that ancomfortable warm feeling caned ly too closely woven underwear. It is beautifully soft and will bet irritate the most sensitive ekin. Doctors recommend if sa the mort healthy fabric over invented.

LANE, CRAWFORD & CO.

Mr. Gec. J. B. Sayor, Hon. Secretary, WE and Treasurer, of 18, Queen's Road Cen-

Fags fing tral, makes the following appeal to the generously disposed to Keep the old

said he knew about these things, and frore sub-Ranager of Butterfield & Swire, was the Eremy Regulations, IL (4), - The Battle and who are keeping the old Flag

a lot of compradere orders he picked out those produced which he had obtained money on. The total amount was. $5.130.50.

His worship, continued Me, Newman, would hear that the accused's methods were different in most of the cases. For instance, with regard to the first order, at would

he appear that

inade

out the whole of the order, and Mr. Towns would give evidence that the signature on it was not his.

The Court would also hear that a cheque was paid lo Captain Cain for similar amount à few days previously, Captain Coin left -olus-ship almost-immediately, and-Blair rashed the order and 'received the money. At the interview with Mr. Mackay, the defendant handed over 8000, which were in his pocket. He said he wished to re- turn it..

His worship said he must bear the evi deace, and then he would give a ruling The Court was ordered to be cleared for this purpose.

His lordship observed that there was no Assistant Judge to constitute à Full Court, but the nature of the appeal was such as to make it unnecessary, in his At this stage Captain R. Nelson gave opinion, that there should be two judges evidence. The compradore order pro

Counsel then opened his case, and much and the signature was his. The other one, craft had been bought or not on the Bank dused, he said, was in his band writing argament ensued between Judge and He asked the de-however, was not in his handwriting.

counsel on the question as to whether the rett was at the time. fendant to go and see Mr. Mackay. He

neither was the signature his. He thought. In giving his decision, his lordship did so. and Mr. Barrett was present at the interview, and the Court would heart was an attempt to imitate it. The only said: This is an appeal from a finding of

item in his handwriting was the date.

the Registrar sitting summarily on a In the afternoon, Mr. Jeht R. Greaves, charge brought under the Trading With called. He said he was present at the words are: "Any person subject to the interview betwen Mr. Mackay and the ae

jurisdiction cf His Majesty's Suprem ensed on June 3rd.

Court for China, who accepts, pays, Mr. Godfrey said the objection which hotherwise deals with any negotiable took before applied equally in that case. Instrument held by or on behalf of an His objection to the evidence of the enemy, having at the time of such accept alleged admissions made by the defendant ance, payment, or dealing reasonable a hope of grounds for believing that such instrument was that an inducement, favour, was held out to him to go to Mr. is held by or on behalf of an enemy com Mackay's office, and that therefore the evimits an offence."

In deciding the case, it seems to me that dance of what happened there was in

the Magistrate based his decision on his admissable

coming to the conclusion on the evidence that this draft had been purchased by the Netherlands Trading Society. Now, it is A question of law whether on the facts be fere the Court there had been in fact a purchase of this draft. The evidence was that this draft, dated February 5th, was drawn by an alien enemy on account of Dealing with the compradore orders.20

goods which had been shipped to them lative to the second charge, Mr. Newman

and they accepted it on March 2018, a said that the order was signed by Mr. Fin

date posterior to the King's Regulations. layson insteal of by Mr. Murray, The

It was payable to the Netherlands Trad defendant went to Mr. Finlayson and ask

ing Society, and the Society here now holds it. ed him to let him have a duplicate of the

On Jaguary 6th, 1915, they The next witness was Mr. D. J. Firlay opened a credit with the Society, here, for original order, as he wanted it for book purposes.

When he got it, he cashed it sen assistant superintendent engineer. the sum of £2,500, and an advice of that with the compradore, In each case he was handed a compradore order pay-fact was sent to the Society at Amsterdam, forged the endorsement. It was made out able to J. Williams, chief engineer, on sick The bank in Amsterdain paid, on Febru to Mr. J. Williams, &'greond officer on one.

pay $400, signed by Mr. Murray. The ary 20th, 1915, the amount of the bill, the of the B. & S. heats. There were several other order for a similar amount was sign. draft, on account of that credit of £2,500. letters asking the compradore te pay Mr.ed by him, the explanation being that The question is, whether in those circum Williams his pay from certais dates, be Blair went to him and said the original stances the Magistrate was right in com- ing sent in from time to time by the cap had been lost, and he wanted a copy for ing to the conclusion that there had been I think if one tain of the vessel-the Kuching,

There was a similar inci a purchase of this draft. It was the book office, an order on Butterfield & Swire to pay the dent with respect to a Mr. Murray, an looks at the whole of the transaction, the proper. conclusion on those facts to come captain when te went to the office, and engineer.

Mr. J. T. Towns, an assistant book, to is that this is purely a banking trans when he called he was given a cheque ar a compradore order. as the case might keeper, produced the counterfoil of action, and that in this matter the Nether be. There was no direct evidence, cheque paid to Mr. Cain. He said that lands Trading Society in fact acted as bankers. It does not seem to me that bui. Mr. Nowinan said it was obvious, that the defendant get the letters, and put the rubber stamp on please pay." and Mr. Towns would teil the Court that his signa- ture had been forged. The letter was the a presented to the compradore.

It was impossible for the compradors to say now whether he paid the money over to Blair or not, but his submission was that Blair picking out the letters proved that he had got the money. There

Mr. Barrett later continued his evi. dence, and referring to the orders drawn in the name of Captain Lloyd, said that on the date the order was presented by the accused, the Captain was on a journey from Tientsin to Swatow. On June 2nd, the date on which the compradore order in the name of Captain Cain was presented. the captain was not in Shanghai, and the same eferred to Captain Davies.

........

he was handed a compradore order for a similar amount on June 3rd, the signature they bought the draft from Edward. on which was not his He gave other in Kanitz & Co., but that they were being em stances where the signatures on the orders ployed by Kanitz to enable him to dent were not his, and continued that on June with the respondents, and the respond 3rd he went to the defendant's rooms, en were also carrying on their dealings where be found a boy packing a bag. This with Kanitz & Co. through a neutral bank in order to avoid difficulties which might at some time arise. In this case they have

was taken to the office.

An employee in the compradore's office

of Butterfeld & Swire gave evidence freason, in consequence of the passing of

when the compradore orders were paid, and spoke of those which were paid to the defendant...

was another order to Captain D. F. Davies, signed by Captain Nelson, the harine superintendent. The original The Court adjourned-.-C. Deity would be produced from which the others. one was copied in detail by the defendant, as it was one which he picked out from the The Times military correspondent as Jot but before him. The initials on, the serts that no German offensive in France original were these of Captain Nelson, on a large scale is practicable before the but those in the duplicate were not. The end of July, and not then if the Russians defendant must have forged the whole of hold together. Our present duty, he the document, forged the marine super-urges, is to exploit the delay, take intendent's signature, and also the ini-advantage of the German caster, offen tials of Mr. Towns, It was a very good sive, and send every available man to imitation, and the caly thing on it which prosecute our offensive in France and was written by Captain Nelson was the Flanders.

Don't forget we are living in a well- governed and tight little Island in ease. and comfort, with every good thing avail ahlo. Our friends who are fighting our flying for our beloved King and Country, our hands, which will let them know that are deserving some little consideration at although so far away we are thinking of them in their hour of need

Many more acknov "edgments have been received from the brave fellows at the Front and Trenches showing their appre ciation of the gifte, which are most accept- able, and thanking the generous donors. I give an extract from a letter sent from France, dated 23rd April, 2015:-

"It is always nice to know that our. kinsmen in the Colonies are thinking about us hero, but a little help of this kind is worth heaps of sympathy."

THE HONGKÒNG VOLUNTEERS.

CORPS ORDERS BY LIECT-COL. A. CHAPMAN, V.D.

LEAVE...

ARE OFFERING FOR ONE MONTH ONLY

A

SPECIAL

IN

LINE

DRAB LINEN,

COAT AND TROUSERS $7.50.

1. Pte. D. G. Bruce is granted leave of

absence from 12th June, 1915, to 12th LONDON CUTTER. December, 1915.

PARĀDEA.

2-Parades for Monday, 14th instant.

5:30 p.m. Right Section M: G. Co-

Squad Drill and Skirtaishing at Head, quarters."

5.30 p.m. Signalling Section-Aiming drill- and Musketry exercises at Headquar tors.

Corp!. Grimes, I.K., will attend.

DETAIL.

3. On duty at Headquarters: H.K.V.R. On duty at Gun Club Hill, Kowloon:

H.K.VR.

At Kowloon (Deteution · Camp),

On duty 14th instant: Scouts Company.“

Officer on duty; Lieut. Weall.

Orderly Officer: 2/Lieut. Boonar.

H.K.V.R.

Onderly Sergeant: Sergeant Hurley,

H.K.V.R.

G. E. STEWART, Capt.,

Adjutant, H.K.V.C.

HONGKONG POLICE RESERVE..

(CENTRAL FOLIDE STATION.).

PARLUES.

the King's Regulations; and if one looks The order issued by curtesy of the Press

I

at the transaction as a whole it seems to ma that the gist of the whole matter is that this document should be held on behalf of Kanits & Co. by this Society in the ordin ary and proper course of their business. Unfortuntely for the respondents, the Legislature has now stepped in and say that such an act is not to be tolerated, therefore think the Magistrate was wrong in holding that this was a purchase; end as it was not & purchase, but a transac tion such as I bave described, he should have held that the draft was held on behalf of the enemy. The matter will therefore he remitted to the Magistrate, with the direction to convict.

en evening of the 11th inst., and morn- ing of 12th Inst., are cancelled, and the following take their places:- Monday, June 14th-No. 1 Platoon British Company, with Servico. Rifles; also Indian Platoon, 5.30 p.m. Tuesday, June 15th-Portuguese Company

under Chief Inspector, 5.30 p.m. No 2 Platoon British Company at Water Police Station, 6 p.m. Examin- Wednesday, June 16th Chinese Company

tion of candidates for NC, rank.

and Indian Platoon, Rille Exercises, 5.20 рід.

F. C. JENKIN, D. S. P. (Reserve). --

GROSE & CO., LTD.,

Hongkong, 14th Juse, 1915,

BEFORE

TAILORS,

29, DES Vœux ROAD,

LEAVING

HONGKONG.

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