1924-08-06 — Page 5

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A BANK'S $200,000 LOSS.

DOES IT FAEL ON THE

COMPRADORE

Au interesting ense, concerning the loss +£ $200,000, was opened in the Supreme Court yesterday morning when the Inter- fatinual Banking Corporation, of No. 2, Queen's Road Central," "ated the compra 'dure of the flöngkong Branch of the Bank, in Ku Un and his surety, Ngok Lau," for the recovery of this amount with the custs, of the cass

sented the defendants,

THE HONGKONG DAILY PRESS. WEDNESDAY, AUGUST 6TH, 1024

The rest of the money, usually made up of notes of large demasinatian, was made up iate bundles (a lakh in each bundle) | and plaved" in drawers in the safe. the $500 bills being placed in the left-band drawer and, the 8100 bills being put in the right hand drawer. The keys of these two drawers were kept by the cashier. What money was leit over was placed on the. shelves on top of the drawers,

CORRESPONDENCE.

THE TYPHOID EPIDEMIC AND OUR WATER SUPPLY..

HONGKONG

(TO THE EDITOR OF THE

„DAILY PRESS:"']. SIAt the last meeting of the Sani- tary Board, in reply to a question by Dr. Koch, the .O.H. made the following statement:-

Pokfulam Reservoir has long been known to be a questionable kuneer of water supply, but the water derived

According to the $1.0.H...** typhoid bacilli rapidly die out in reservoirs, so that any attempt to deteel then severat werks after their presumed date of access to che, water is usually a failure “; lint Phe had a strong suspicion that the heavy rains of June and July must have washed into the Pokfulam, Reservoir à great deal of filth, which may well have been mixed with extreta from typhoid carriers," and we have it also from him that he suspected the canlies emplogist in constructing the new motar rond, from! Mount Kellet Road to the Peak Tram

Pokfulam

front it and distributed to the Colony Station as being responsible for un

fouling" generally fret passes through the usual

of this Government filter beds and has also Riservoir outchment area, lately been chlorinated."

What steps did he take to protect" thể, "People who draw water directly from Pokfulam Reservoir run great risk public Did he get in touch with the from time to time of drinking water Colonial Secretary or the Water Autho which has been polluted by fouling ority, that either or both of these the Pokfulam catchment area. Their

only defence is to boll their water.'" Officials could verify his suspicions ? It is probable that recently there Apparently not, because.. from the has beep usual fouling of this catch ment area owing to the number of Colonial Secretary's reply to Mr. Bird's coolies employed in constructing the question, quoted above, we know that the

motor road from Mount Kettet

water in the nullahs entering servpirs Road to the Peak Tram Station."

is not analysed chemically, nor examineil bacteriologically at those points.

new

The heavy rains of June and July must have washed into the reservoir a great deal of fith, which may well bave been mixed with excrete from typhoid carriers."

Continuing Mr. Alabaster said the vault or strong room had two hours and agrill door. The outer door was Stted The care was heard before the acting with three locks, two keys nuda com- Chief Justice (Mr. 1. H. 3. Gompertz).bination. In order to get into the vault The Hon. Mr. C. fi. Alabaster. K.C. (uit would in arcessary to have the key of one of the locks which the compradore stracted by Messi Deacons), appeared for the plaintiffs, ni Mr. Eldon Potter, kept the key which was kept by the sub- manager (My Armstrong) and to know K.C., and Mr. Campbel) Prosser (instruct the combination (known to the cashier). ed to Messes, Wilkinson & trist) One would then require the safe keys and Me Alabaster, perting the case for the keys of the grill door. At night time a person approaching the strong room the plaintiffs, said the notion concerned and unlocking at these locks would have the loss of $200,000 from the International heen noticed by the bank coulies. There Banking Corporation in September, 1022,

was also an emergency door, hut in the and it was brought in the name of the day time it was the practice for this door International Banking Corporation by their insurance agents against the coun-, pot to be used. When the staff arrived pratore and his surety because, in accord the morning it was the usual custom ane with the terms of the compradore's for Mr. Armstrong to turn the key in his imentaire and from the inference of facts,ck and the cashier, about the same time. opened the combination lock and left it alt liability fell on the compradore.

open ; so that in the day time to get into According to the stat, fent of claim, as read by Mr. Alabaster, which was led the vault it was necessary to have the March 7th last year, the first defen key heal by the compradore's representa. tive. This meant that the geral con- dant was the compratore of the Bank's trot of the vault was in the day time in business in Hongkong and the second the hands of the compradore's repre- defendant was engaged at the request of sedative and the, unshier. In the day the second defendant and the agreement.

time also the steel eesh box was taken fulam Reservoir, to be cut out of the engaging the compradore was dated April out of the safe and its entire contents public supply." 16th, 1913. By this indenture the rstere under the control of the compradore defoulant agreed to be responsible to the

department. plaintiffs for the hugesty and efficiens had to be bound by every deed, net, or thing done or performed by and for and for every liability incurred by any men her of the compradore's staff and to be responsible to the plaintift, for all losses or damnges that might be sustained by the plaintiffs in Hongkong through the dishonesty, want of skill, negligence capneity, or other default incurred by any

ember of the compradore's staff.

The Best defendant also agreed to be responsible to the plaintiffs for the safe custody of and is required to account Inr and over all hank nutes and money entrusted to him,

defendant was a merchant. The first

During the tie that the first defen- dant was compradore, including the 28th of September, all local currency, bank notes and monies of the plaintiffs in the Hongkong other," with the exception of such notes and monies as wore held in a separate account known as eash in re- serve, were entrusted into the eare of the first defendant. On that day, the local currency, notes, etc., in his charge suneunted to $589,32133.

..

Hodgkins was then living at Kingsclere to March tu, said Mr. Alabaster, Mr.

In a ground floor room Whilst there he was robbed of his clothing and his bunch of keys were found on the ledge of the window. Whether they had been in the hands of the sobber long enough for an

pression to be taken he could not say. Again early in 1992 a duplicate of that held by Mr. Armstrong was lost. At that time Mr. Benson had charge of the dupli cate key. New locks were at once ordered but they had not arrived by the time the discovery of the loss was made.

The plaintiffs could not state exactly when the theft was carried out, hat they were satisfied that it did not occur be. fore September 19th because the books of the unk showed that on September 19th the total money in reserve $1,000. It was therefore obvious that the theft could not have been on or be fore that day. It must have been carried gut on a day when the money was there to be taken.

יו

LIST IN THE VAULT.

Was

"And a little further on the M.O. H. said that it would be "safer still for Fuk

"Is the water analysed chemically and examined bacteriologically at the following points?:

It is only fair to assume that had thei M.O.H. communicated his suspicions to the Colonial Secretary, the latter would have taken whatever steps he might have considered necessary in order to protect the public from further dangers.

At the last meeting of the Legislative : I do not suppose the MO.H. even got

this question? Council, the Hoa, Mr. II. W. Bird pit in touch with the Water Authority, as the Chairman at the Sanitary Board's that the question of last-meeting said water supply, the prity of the water and the contamination of the catchment, was no concern of that Borik The Water Authority was Autocratic so far as that was concerned."

(1) Sullahs entering reservoirs, (2) Reservoirs,

(3) Filter beds,

(4) Actual tap supply.

If so could the exact results he stated for the water supplied from Pokfulam Reservoir during the last few months" The Calonial Secretary said that the answer. to (1) was in the negative and to (2), (3) and (4) in the athrmative, and Be then went on to say that "early in July report was received from the Basteriologist that the Pukfulam water was below standard, previous reports Additional having been satisfactory. chlorination was it one findertaken and more recent tests show that the water is now above standard."

1)

Now, how much longe is the Hong kong public going to tolerate this, scandalous state of affairs The bealth

of the community is being threatened and it is disgraful to see that in this British Colony there is apparently, no co-oper" ation or team-work among our highly.

serious paid Officials, even in such fiver outbreak. matter as how best to cope with a typhoid

H

The days of Antoerncy are over, and here in Hongkong we certainly that no use for Autocrats. The Government Officials are only public servants and the public, as the Marter, has the right to demand service and not only service but

vants-Tours, etc.,

The plaintiffs therefore claimed:-) when the theft was nude. On, Sentem tells the publie that the Pokfulam good and faithint service from its ser.'

declaration that the defendants were liable under the terms of the said inden ture to the plaintiffs in respect of the said shortage; (9) damages for breach of the

said indenture..

CASH IN RESERVE.

-

J

Mr. Alabaster suggested" possible times her gard Mr. Courtney was acting, man- ager in the place of Mr. Hog and at the end of that day's business there was placed in reserve 8212,000. This amount was in notes and it was placed tompor arily in a basket on a desk on one of the compradore's staff. At the time that this transfer Was being carried out the cashier's attention was diverted for a certain purpose.

PRO BONO PUBLICO.

HOUSE COLLAPSE AT · HUNGHOM.

FIVE COOLIES INJURED.

Early yesterday morning. & tenement house in the course of demolition in Cooke Street, Bunghom, collapsed and

injured.

Now, what I would like to know is how is one to reconcile the statements made by these two Officialst, The M.O.H.

questionable source of supply and that servoir has long been known to be a people who draw water directly from it drinking polluted water, and that in his run great risk from time to time of opinion, their only defence was to boil it and, not content with this recommen. The statement of deferer admitted the

dation, he even went so far as to say

·Indenture of April 16th but held that the

that it would be safer still for the responsibilities of the first defendant were

Pokfulam Reservoir to be cut out of the defined and limited by the indenture.

Somebody enme, int public supply.' They denied, with certain exeeplious, that the bank to change 500" double eagles

On other hand, we have the Colonial the sum of 502,000,05 cents was under and it was arressary for the cashier: to the control of the compradore or the day handle the transaction. During this time.Secretary's staternent to the effect that in question. At the close of each day's the 82 was left lying in the basket, only early in July a report was receive, scolies working on the premises were business, including September 28th. the It could have been taken out while heed that the Pokfulam Water was below balance of local currency, bank notes and was so engaged. 3any times he had been standard, previous reports having been suonies received in the Hongkong office counting large sums on his desk. and it very satisfactory, and that more recent by the first defendant or his staff were, would have been easy for some one to tests show that the water is now above by the orders of the plaintiffs' manager, slip two lakh bundles on to the floor and standard." delivered over in accordance with the pick them up, when he carried the money In answer to Mr. Bird's question No. terms of the said indenture to the plain- on his forearin down to the vault. He, yiz.: Is there any necessity to hoil tiff's cashier, and the defendant from might have up to 50 bandles and was and filter water supplied from our taps that time consed to have the monies under | unlikely to miss two.

If so why ?," the Colonial Secretary said his control or in his sale.

On September 20th, $120,000 was drawn that "the boiling of water supplied from out of reserve reducing the total from the taps though it may be desirable, is $610,000 to $490,000. On the 27th the not essential."

1. and for the benefit of cashier and a Chinese named Mak opened the public be added that "unles boilding the safe in the vault and took out the and filtering are properly supervised

in the day Mr. they are likely to become a source of

danger rather than a protection."

Compare the above with the statement made by the M.O.H. when he said that the only defence of the people drawing

At the close of the day's business on September 5th the sum of 8569,000.00 was banded over to the plaintiffs by the first defendant and the said sum was *checked by a member of the plaintiffs" | black box. Later on

in the plaintiffs' treasury or strong rount Barr bad occasion to go to the safe. A The defendants said that, the inss was Chinese named. Ho accompanied him and effected without the knowledge or co-opened the strong room for him. At the nivance of the first defendant or any of close of the day $200,000 was placed in

is staff and was not in any way due to reserve, making the total anunt, in water from Pokfulam Reservoir was to the negligence or default of the first de- reserve to $600,000. The $200,000" was boil it? - femiant or sustained through the discarried to the strong ruem of the fore- honesty or want of skill or negligence or arm of the enshiëe and locked up an, It is really a pity that the Colonial incapacity or other default of any mem- usual. Mr. Hodgkins, whilst at the safe, Secretary failed to enlighten the publie ber of the said staff.

noticed there souie hundles of new $5 as to the eprrect method of boiling water, Continuing, Mr. Alabaster said that notes in a place where there were usually as we would the lens, have got Ifore proceeding to enl evidence he notes of larger denomination. He pass something definite from, him, instead of wished to make a statement of the faits ed a remark to link who was with him. the rather vague replies be, gave to some leading up to the discovery of the loss. Mr. Hodgkins' suspicions were suficiently of Mr. Bird's very pertinent questions. Up to March 4th, 1992, all the monies of aroused to make a mental note that lie the Hongkong branch of the Bank were would count the stock shortly. This at all times under the joint control of the eventually led to the discovery of the autupradore's stuff and the foreign stuff.luss.

On March 4th the sun of $253,000 was Continuing in the afternoon, 30. withdrawn from the joint control and Alabaster said the money was lost in places in the big security safe upstairs, the vault, his Lendship would have to in the main office of the bank. The com- consider, whether it was taken during adore's staff had no key or any know the day or night... There was no evidence Tedge of the combination of the safe and as to forced entrance. In the event of on he would not have actual control of his Lordship finding that there was no the monies in that safe. Yet for a short question of a night theft it would have time period of six weeks-that money to be considered whether there was any was in a way considered by the compra- collusion in the theft by the compradore's viore's staff, to be part of the general staff... montes.

His Lordship: Then do you say when, for instance, the money is inside the box, inside the safe and inside the vault, and the compradore has some of the keys, that the sulc is under his sole control?

Mr. Alabaster ; I don't say full control, His Lordship Partint control, then?

(Continued on next column.)

The roof of the house had already been

a number of cocles were engaged in removed and at the time of the rollapse cleaning bricks on the ground, arst and second floors. The arcand Boor collapsed and carried away the first fluvir also,

The Fire Brigade and the police from Hunghom station were soom on the spot and they succeeded in rescuing a num ber of people pinned underneath debris. Fortunately no person was killed but four men and one women, after receiving first aid, were sent to hospital for fur ther treatment.

TROUBLE OVER BRICKS.

ASSAULT CHARGE AGAINST A COOLIE.

la Kee, a coolje, was charged before Mr. Lindsell at the Central Magistracy yesterday. with having, with others not in eustody, assaulted three com- patriots.

M. H. C. Lee, who prosecuted, said that the trouble arose when the defendant) naked the complainants. who were all bricklayers, living in a matshed belong- Lo a firm of building contractors, in Des Vœux Road West, to remove some His Lordship asked: Supposing it was bricks. Complainants refused, whereupon possible that while the cashier was carry the defendant and everal others pro ins Indies of bank notes, a light-finger, ceeded to throw the bricks at the mat- extracted a bundle, how would they show ed gentleman of the Compradore's staff shed, injuring the complainants.

The case was adjourned until Thurs that the notes were under the control pf day. both the cashier and the compratore.

Mr. Aldbuster: I say that in auch a case

the notes would have been under the joint control of both of them.

MISTAKENLY ACCUSED.

Mr. Alabaster went on to say that rol-SUCCESSFUL PLEA EN LARCENT bery, with violence was out of the ques tion.

His Lordship asked if the compradore's staff included the coolies employed by the bank.

CHARGE.

Before Mr. Lindsell at the Central Magistracy," yesterday, Kwek Cheang, a coolic, was charged with stealing a Mr. Alabaster said that was defined in purse containing 19 from Chung Shun

the agreement, Paragraph 33 said the | Loi, storekeeper on the s.8. Fung Wa; in vempradore shall engage all the Chinese Queen's Road Central

Mr. Alabaster: Partial control, yes;poration.

It was not until May 15th that the com- piradore's staff knew of this arrangement when it became definitely known as each in reserve: After this the cashier and the conipradore's representative made" ន special habit of counting and checking „the day's figures. For this purpose they used a special book, which Mr. Alabaster called the little black book." The cash in reserve was kept in a separate account in the general ledger; the remainder of the cash was placed each night in the sale downstairs in the strong room. The con pradore's representative and the cashier (Mr. Hodgkins) arranged matters to suit the convenience "of the following day's working. The amount they considered necessary for that day's needs was placed ja a black steel box fited with two Chubb's locks. One key was held by the cashier and the other by the compra «lore's representative. Over-night the any.. Black atcel box was placed in the sale.

Bir. Potter: That is our contentionemployees of the Corporation except Complainant said that he was looking. partial control only.

those Chinese engaged direct by the Cor-into a shop-window, when be felt a hand in his pocket. He turned and seized the defendant just as the latter was handing the purse to another man, who bolted with it. Witness retained his hold of the defendant, blew a whistle, and gave the defendant into custody. Witness had a foki, with him, who pursued the other man, but give up after a few paces, realizing that he could not eatch him.

The foki gave corroborative evidence." Defendant asserted that somebody else picked the complainant's pocket, and the complainant accused him (the defendant) of being the offender. It was a mistake.

The defendant was discharged.

and that is sufficient. We say that no Mr. Alabaster then proceeded to read one can get into the safe without the the agreement, stressing paragraph 4, compradore's key. We say that he is which was the ong on which the plaintiff an insurer of the keya under his sole or relied. The paragraph stated that the joint control. We also say he is respon compradore" shaß he responsible for the sible for any negligence of the staff under honesty, etc., of his stall. his control,

Mr. Potter: Lahould have thought that negligence or fraud would have been eliminated from my friends pleadings as we asked for particulars of negligence or fraud and they were unable to give

(Continued on next column.)

bir. Alabaster concluded his opening by contending that according to the agree ment the comprudere was an insurer for the funds of the branch and as such be was liable for any loss that might be incurred.

Evidence for the plaintiffs is to be called this morning.

JEWELLERY

JEWELLERY

AND WATCHES CAREFULLY REPAIRED ON THE REMISES

BROOCHES BRACELETS NECK CHANS

VANITY CASES LINGERIE CLIPS

HAIN RAGS

KTE, ETC.

STICK.

LADIES

AND

GENTS 9,15, AND 18 CARAT GOLD SIGNET RINGS $12.50 to $45.00

DIAMOND AND JEWEL SET ENGAGEMENT RINGS $125.00 to $1000.00

ENGLISH HALLMARKED:

# CARAT WEDDING RINGS $18.50 to $35.00

GOLD and PLATINUM TIE AND COLLAR PINS

$3.75 to $25.00

DIAMOND AND PLATINUM

BROOCHES

FENDANTS, BRACELETS

AND

WRIST WATCHES

PRTOFS

ON APPLICATION.

BLAVE BANGLES

EX

9. 15 AND 18 CARATS GOLD

WE HOLD A COMPLETE UP TO DATE.

STOCK

0,7

MODERN JEWELLERY "TO SUIT ALL TASTES

GOLD COLLAR STUDS DRESS SETS TIE FINS THE CLIPS WRIST CHAINS GOLD FOBS

AND

GOLD `ÇIGAKETTÉ,

CARD, AND MATCH CASES.

"GENTS

SOLID

GOLD

SHIRT

CUFF

LINKS

$10.50 to $80.00

ALL SIZES AND STYLES IN STOCK-

LANE, CRAWFORD, LTD.

PHONE 4567,

SILVERSMITHS HONGKONG HOTEL BUILDING

JEWELLERS and

HONGKONG.

HOUBIGANT'S

-QUELQUES FLEURS PERFUME

AND

CREME EN BEAUTE.

We have Just Received a Fresh Supply of the above- place Your Order Early to avoid disappointment. -

THE CHINA DISPENSARY

3262

2283.

3264

נד

82, QUEEN'S ROAD CENTRAL.

WIRELESS MORSE CODE

ON

COUMBIA RECORDS.

(PART 1-ALPHABET, ELEMENTARY..

-FIGURES, EASY LANGUAGE,

(PART 3-MORE DIFFICULT, PLAIN LAUGAUGE, HIGHER SPEED

FIGURES.

4-STOCK QUOTUTIONS, ETC., HIGHER SPEED THAN

PART 3...*

PART & MISCELLANEOUS MATTER SIMILAR TO REGULAR

WIRELESS TRANSMISSIONS.2.

8-CONTINUATION OF PART 5. BUT MORE DIFFICULT,

REPRESENTING REGULAR COMMERCIAL WORKING.

35.00 PER SET (3 RECORDS)

AT

ANDERSON'S.

Powell

12, Des Voeux Road C.

JUST RECEIVED.

NEW SEASON'S

VELVETEENS

*

PAISLEY DESIGNS

AND

SELF COLOURS

PLAIN AND CORDED.