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BANKRUPTCY COURT. THE CASE OF MR. B, B. GREENFIELD.

▲ CHIVALROUS MONEYLENDER.

The mamination of Mr. Samuel Bill ings Greenfield against whom a Receiving Order in Bankruptcy was made recently, was commenced at the Supreme, Court

THE HONGKONG DAILY PRESS, THURSDAY, FEBRUARY

would sell him the 20,000 shares at #10,60 per share. The bargain was concluded. verbally, and Debtor was, told by Mr. Tayler to go ahead and sell for Septem- ber. After selling about 7,000 or 8,000 he

not brought him the shares. Debtor weat became alarmed because Mr. Tayler bad to Mr. Tayler's office two or three times, but was never able to catch him in Finally he wrote a note, and received a

CORRESPONDENCE

IS HONGKONG APATHETIC IN

IN REGARD TO MUSIC ?.

13 BONGKONG

[TO THE EDITOR OF THE

DAILY PRESS.")

CRIMINAL SESSIONS. [BEFORE THE PIANE JUDGE (MS, JUSTICK “ COMPRATZ)].

MANSLAUGHTER CHARGE.

The case was commenced sesterday Sia, It has been stated in The Hory named Li Sing was charged with the afternoon in which a Chinese chauffeur kong Daily. Press that Hongkong in manslaughter of another Chinese named view of the scanty audiences for M.Li San, yesterday before the Chief Justice (Sir reply in which Mr. Tayler denied ever Godowsky's recitals, is apathetic with)

William Rees Davies).

Mr.. G. C Alabaster, K,O., represented Daving sold the shares to Debter and regard to music. Similar comments have the Crown, and Mr F. C. Jenkin de

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the creditors, who were

as follows: Messrs. P. M. N. Da Silva, Mrs. A Razack, Mr. Mitchell, Mr. George Lam-

saying: If you consider I am under an obligation to yon, don't sell any Witness replied on the back of

more."

Mr. Dyer Ball prosecuted on behalf of frequently been made, and it is noticeable tended. that they generally appear in print short- ly after a piano recital.

mert, Hr. E, Edwards, Mr. Ismail and the same date to the effect that if audience either on account of the instru Montieth Webb, and W. A. Eustace

Now a musical performance attracts an Chopard ), F. Benjamin, F. A.

Mr. W. A. Rosc.

Tayler would furnish him with 10,000 of

The Jury were: Mesers. B. W. Brac bury

P. Castro, C. Kow, B.

Mr. Greenfield went into the witness he would consider all their obligations *ype of music to be performed, or on chauffeur, was charged with manslaughter||

the 20,000 shares he had promised already us, to he used, or on account of the

Mr. Dyer Ball said the prisoner, al closed.

necount of the performor. Possibly, cerby running his car over the deceased man. tain of the prospective audience will be The Jury had to find whether the accused attracted by all three.

had shown culpable negligence in his With regard to the instrument to be driving. The facts, according to the pro- used, it seems obvious that the average secution," were that the deceased was run

box, and was first examined by the Official Receiver (Mr. G. N. Orme), ›

Debtor, understood that Mr. Tayler afterwards took this note and showed it to a number of Hongkong brokers. That was the last he board of it, The shares were never delivered to hím His own brokers, and one or two athers had told him that Mr Tagler had Briton is not attracted by the piano. over by car No. 79 on the 27th October been to them with the same proposition. This is hardly surprising, seeing that be on the Castle Peak Road, a little dis Greenfeld tried to get the prices down is not easentially a melodic instrument. same day as the result of his injuries. At the suggestion of His brokers, Mr. is extremely fond of melody and the piano tance beyond Chun. He died the by selling forward 17,000 shares for Sep tember. He told them (his brokers) that Stringed instruments and the human The man was a Government foreman in he was absolutely broke" if the shares voice are essentially melodic, hence the charge of a number of coolies working on went to over twelve dollars, as he would British preference for a string or vocal the road, the surface of which they were be unable to redeem them. Actually they went up to an abnormal price, over 30 Performance. The tendency will be, then, working at the same spot as

tarring and sanding Two men who were dallara

that a piano performance will be found deceased, under him, stated that they had tho His Lordship Is Mr. Tayler in the dull unless the pianist plays well enough no warning of the car's approach, heard Colony now 7

Debtor: China Provident Company.

He is the manager of the ad.very few do-to "get" a melody.no horn blown, and know nothing of the It seems hardly fair to rate a communing to them the deceased was run over accident till it had happened. Accord

the ground that the community dislike road. A bucket of tar was standing in ity as apathetic with regard to music on as he was standing in the middle of the a particular instrument.

the road, and was knocked over by the

}

said there was no doubt in his mind as In reply to further questions, Debtor to the genuineness of the agreement be tween them, and though it was verbal it was, morally speaking, bond-fide,

The Official Receiver asked whether it was possible that Mr. Tayler was only making a suggestion to him, and that he expected too much from Mr. Tayler.

Debtor: It was a bond-file sale. Tayler was in debt to him for $3,730 and Mr. Greenfield went on to say that Mr. on one occasion previously he had released

The second point is more or less inter car, spilling over the man, and contri- likely that any person will be attracted used in the making up of the road, and dependent with the first, and it is un-buting to his injuries. The tar was being by a particular type of music if he does was extremely hot, probably almost boil- not apreciate the instrument for which g. Two other men who were also work. ing on the road, though rather higher

it is written.

In the course of the examination the debtor said he was a subject of the United States, and was born in Cincinnati, Ohio, He came out East with the American Army to Manila, and served throughout the Spanish-American War. testimonials as to his conduct and charae. He had tor, and came to Hongkong in 1904. He joined the Harris Keeney Co., chair makers, and acted as an assistant there till 1006. After that Mr. Keeney went home and the firm went bankrupt. Most of the business was owned by, a Mr. Gill man, and witness took it over from him. He worked the business up, and in due course he made a success of it. When the War broke out in 1914 he had made quite a bit of money. Up to that time the business had been practically all whole sale, his dealings being for the most part with "America. In 1911 he married a Misa Euphemia. Sousa. She had between $18,000 and $19,000 of her own at the time which she had made as a dressmaker at Formosa When the War broke out his wholesale business disappeared owing to the fact that he was unable to do any exporting, and he intended to give up business Hia wife advised him to take up money lending, and at her suggestion

pears to the effect that Mr. X. the had that of the owner of the car (a) cular performers. An advertisement an addition to this version of the affair they To proceed to the question of the parti.up said they heard no horn blown. In he gave up the chair business and started

Greatest in the World," will perform right hand seat at the time of the accid- as a moneylender. She pointed out to him from a debt of $37,000, on his pay-ou certain nights. The average person ent. He stated that the car came round Chinese); who was sitting in the rear him that she was making more money atment of $11,000. that time than he was. She was export.

has not heard of Mr. X, though, perhapa, the bend of the road at Chunian, and ing Haiphong embroidery to North and because of this forward sale, and his sug the papers say that Mr. X. is the greatest road He told the prisoner to blow his The reason he had gone bankrupt was be ought to have done. The fact that they saw the workmen-standing in the South America, besides doing a good deal gestion to the Court was that he was of his species is not convincing, because horn, and the man did so. One of the of local work for Indian firms. The misled from the beginning. He had sold self-styled "greatests appear all too workmen was standing, and the deceased moneylending was not a success and he his shares lost heavily. He never kept any ac brokers; the brokers had run after him his previous experiences of piano per- with a bucket of tax in his hand. Some at the suggestion of his frequently. The average person considers was aquatting in the middle of the road counts, and had lost practically all the to buy them. money he had previously saved. He gave this up till the end of 1918 or the Alabaster. In the course of the crosssex He wants the performer to tell him some knocked down by the bumper which pro Debtor, was then cross-examined by Mr. that he has always been bored with them. dashed across in front of them and was formances, public or private, and decides one shouted out run quick," and he beginning of 1016. Then it was his cusamination Debtor said he had never kept thing he can understand, and he has be truded from the front of the car. tom to give assistance to anyone who any books or accounts since 1014; and even come accustomed to the performer's not estimated the speed of his car at ten asked for it.

son was that he had intended giving up So be decides not to go to Mr. S.'s recibend, then only a rough cath: book. The rea- being able to tell him anything at all. miles an hour when they rounded the the business. Also he was incapable of tals.

and alleged that the accused keeping any accrunts, as he knew nothing music as a whole 7. Certainly not.

Is he apathetic with regard to slackened up at that point. The work. about that sort of thing. When his basi is merely, avoiding something which does speed at all. One said the car went on He men were unable to give any definite vess was normal he considered it to hero appeal to him; a piano recital does a hundred feet after striking the dead worth between 820,000 and $30,000 per nct appeal to him, but, for that matter, mar, and another said it went on ten or neither does a ball fight, and some piano fifteen yards. A trathe sergeant, Sergt. recitals must be very like some bull-fights! Smith, who had afterwards taken mea-f In the matter of music, the pity occurs surements at the scene of the occurrence when a performer whe really has some found certain skid marks in the road thing to say is confronted with such extending for a distance of seven feet, meagre audiences at M. Godowsky has and he had given it as his opinion that accustomed to lack of enthusiast? recently been. But is not every pianist if these marks indicated the distance in England he. certainly is.

In which the car had pulled up, the speed He occupies;

would most probably have, been about ten has something to sell, which few people who had made a post mortem examina of the deceased's Injuries. Dr. Smalley, want to buy; and the average person afterwards that at that meeting one of a surfeit of a poor kind of the sant tar, and the skin had peeled off. Five Mr. Aicbacter: Were you informed does not want to buy because he has bad tinn, said that the whole of the body, ex- cept the back, was severely burned with that scme of his smaller debtors peonia your creditors, Mr. Lemmert, asked what thing-in fact, one might say that he hae ribs were broken on his right side and who owed him $50 to $200, had repaid these profits were estimated to be, and bought it too often!Yours faith him, but the people who owed him the most your solicitor replied that he was authfully, had failed to meet, their obligations.

rised to say between $20,000 and $30,000. In answer to his Lordship Debtor anid,

a year. he had no other documents or proofs cf loan from the people he lent money to, other than promissory notes to re-pay.

The Judge: That was extraordinary generosity on your part, was it not?.

Debtor: It has always been my creed to help the man who appeals to me.

The Judge: That's very chivalrous of you. Go on.

year.

Не

In reply to further questions put by the Official Receiver, witness said that he had not expected to make money from moneylending. He Dever had made money frto it. He lost more towards the end and between 1921 and 1929 he was 'roughly $100,000 to the bad. He had deat the sum of 880.000 to a Mr. Best, and another $91.000 to Dr. Jay, from neither of whom had he received payment,

The Ufficial Receiver told his Lordship that there was little dispute over these facts, and he himself could say that Dr. Jay, a Dutchman, had left this Colony that you should continue to run the busi- Mr. Alabaster Was part of that offer good deal worse than he entered it, Many ness for a few years at $400 a month, and of the people the Debtor had lent money that the profits over and above that sum the undesirable position of a person who miles an hour: They then had evidenco |

should go to the creditors i

to were known to have left the Colony. and he did not think these statementa were open to suspicion. There Was a warrant out for Mr. Best,

Further examined, fr. Greenfield said

solicitor, a day or so ago, to attend a Mr. Alabaster: Did you instruct your

on your behalf. meeting of "creditors and make an offer

Debtor: 1 did sir.

·Debtor: It was

Debtor: Yes, sir.

Mr. Alabaster: So that your business is now valued at between $20,000 and $30,000 a year?

Debtor said he considered this to be the case in normal times but these were not normal times.

A. A. G. B. #

there was blood in the plural cavity; one rib was broker on the left side; the left thigh bune was broken in two places and badly crushed the left half of the pelvis was fractured; the right thigh bone was Mr. Alabaster: Did you receive a type on his back near the right shoulder broken in one place; there was a big graze written statement from Mr. Tayler advis blade, and another near the left shoulder ing you to be careful about buying Pro- blade; his left eye was blackened; there vidents?

was a scalp wound on the left side of his Debtor: Yes, after be had led me into it: forehead; a small wound on the chin; Counsel cross-examined the witness at Lald 17,000 Providents in September on another on the head; and his face was great length on the subject of his pass the advice of the brokers. They said 1 badly bruised, The car that knocked Debtor went on to say that in the early Greenfield stated that he had had accounts market, but Mr. Tayler was working Hospital, but he died within four hours, books and cheque counterfoils. Mr, bad better try to break the, price of the him down took him to the Kwong, Wab part of 1929 he had just enough money with three banks, the Hongkong and with them. He ordered his broker out of Dr. Smalley had passed the opinion that to keep the business geing." He was prch ably worth about 810.000 in shares and Shanghai Bank, the Bank of Asia, and the Compradore's ofhce of Shewan, Tomes these injuries might have been caused by "small amounts of cash. He was fully

the Banque Industrialle de Chine. Ha & Co, because he would, not sell him, some a heavy car travelling at a speed of ten solvent on the 1st June of 1927, ac able checked up the monthly statements issued shares I had sold to him (the broker). miles an hour.

to meet his debts. His wife had money by the banks and returned them. When It was a put up job all the way through, Counsel put in photographs of the of her own." She had about $3,000 worth his cheque books were used up he destroy- Mr. Alabaster: Did not the brokers scene of the accident for the Jury ta of "ahares in the China Provident Loaned them as he could see no reason to keep advice you to eut your losses? "examine, and by repeatedly referring them and Mortgage Co., and 400 Docks,

them. At that time he was not in debt At

Debtor: No, all the brokers could have to these photos he sought to show that that time he possessed certain shares, and at all.

covered themselves to within 82,000 or deccased must have been squatting in the these included 200 Langleats, and 500

He further stated that his wife owned 83,000.

froad in a diagonal position, with his back" Hongkong Amusements, and property

400 Dock shares. He had bought them for Mr. Alabaster, Did not the brokers to the car. comprising three houses in Hunghom, but her, but with her money. They were not offer to buy, for you to cover, but you

bis now, and never had been his he had had to sell these to Mr. Woo sozde had never told his broker, Mr. Baznek, that the maket would pally crash, and Court, and examined it for themselves."

preferred to go on, hoping against hope you would get cut with a prost?

time, in May.

J

The Debtor was then examined on the subject of the speculations which the Off cial Receiver described as directly lead ing to his downfall.

He

The Jury were then taken to see the car, which was standing outside the

After this, evidence was called. (Friday).

The case was adjourned till tomorrow

THE FORGERY CASE.

that they were the property of his wife, for he had never seen any reason for so Debtor I should have been glad., 10 doing. Neither had Mr. Razack told him get out on evens, I was, offered shares at that he had better get them back. He a higher price than they stood, but .1) Mr. Greenfield said that in the early denied, also, that he had ever told 3fr refused and then the market jumped ng. part of June, 1922, "Mr. H. H. Tayler, Ratack he wasn't going to ruin his Questioned about the sale of his pro The case in which four Chinese, named manager of the China Provident: Iman wite"

perty at lunghom for $20,000, Debtor Chan Chuen, Ton Cheuk, Ho. Tau, alias and Mortgage Co., was under a monetary

Mr. Alabaster: What about the China said he had used the money to pay off Ho Hau Kwan, and Lt Chuen, were in obligation to him, and he came into Deb

Providerts 1

personal obligations and debts. He had dicted on charges of (1), forging valuable tor's shop one day and said I have

Debtor: That was pure gambling on never kept any record of the way in securities, and (2), forging certain docu- the chance to repay my obligation to you. my own account,

which it was spent.: I have a lien on 20,000 shares of the went all right they were investmente for said he had a ring which had been repre

Mr. Alabaster: It seems that when thingsReplying to farther questions, Debtor merging wat

STAR BASS Bments, was brought to a close yesterday China Provident. There will be a move

Mr. Zeitlyn addressed the Jury, at the ment very soon, and if you can arrange your wife, and when things went against sented to hit as being worth £3,000, but conclusion of the evidence, going over his to take them up and pay cash for them, that was gambling on your own at it was actually worth only about 80 defence soce more that as the Kwanggi you can make a dollar on each share" cout?

He was willing to surrender it to the Bank, whose notes the men were alleged Debtor said he told Mr.Tayler that he Debtor: There was no need. They all Off! Receiver. He had also, once pos to have forged, bad gone out of existence, had not got the money at the time, but urged me to gamble; all the brokers know aessed a diamond ring, but it was only is hotea were worthless and not there-

I had no Providents when I was selling:

Debtor further added that he had Macão for $150

worth about $200, and he had sold it at fors valuable securities On the second count he aged that the only posible. 8ambled in cement shares None of hi Mr Grosgld afterwards went into point on which they could be charged shares were bought in his vile's name. the box and stated that the 400 Dock was one of breach of copyright... He bought and sold about 8,000 in 1921. shares were her property, and the bad The Jary Fund Chan Chuon and Ton

Mr. Alabaster: Then you started reck bought then out of the proceeds of the les gambling in 19211

mals of 3,000: Provident shares, and some privato money of her ow

he thought he could get a loan for the pirpose Mr. Tayler then said he would come back later on, and he (Hr, Green field) arranged through the medium of Mr. Mahideen to borrow the amount at

Debtor: Not reckle gambling; I was

one per cent interest from Mr. Chan Hary, "Compradore of the Sincere Co. Mr. Tayler came to the shop about three days later, and, on being informed that led into it Mr. Greenfield had the money. "said he'

His Lordship adjourned the examine

(Continued at foot of aesi column.) tion" sirse, die.

"and the other two, men

not s

Sentence will not be passed on either prisoner till the legal pointa, raised by: Mr. Zaitlyn in the curse of his defence kavo been decided by the Full Court,

1923

PRIOR TO

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