1924-08-14 — Page 5

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THE MISSIN $200,000. 'HOW WAS THE MONEY LOST COPYSEES MANY HYPOTHETICAL QUESTIONS,"

THE HONGKONG · DAILY PRESS, THURSDAY, AUGUST

Mr. Alabaster Have you ever con- sidered the possibility of the money never having got into the safe at all.

Mr. Courtney: 1 bave. Can you reject that possibility!

COUNSEL'S OBJECTION.'

Yesterday was the sixth day of the

Mr. Potter objected to the question. bearing of the gase in which the Interpointing out that this was the first time national Banking Carparation is suing the in the whole of the case that the other compradore of that Bink in Hongkong side had suggested that the money bad and his surety for the recovery of $900,000 heen taken out in driblets, Rearing out which was "lust from the Bank vault in this, Mr. Potter red an extact from 1992. The rase je heing heard by the Mr. Prosser's notes of Mr. Althaster's acting Chief Justice (r. H. M. J.opening in which he said that it seemed likely that the missing money consisted of um g500 bills and that these were Mr. taken from the left hand drawer. Alafuater was now trying to bring in a point, which was inconsistent with his opening. It was not horne out by the evidence taken by Mr. Jenkin.

Gompertz).

The 11. Mr. C. U. Alabaster. K.C.. appesrod for the plaintiff, and Mr Eldon Potter, K., and Mr. Caqpbell Prosser, represented the defendants.

Coittiming his cross-examination. Mr. Alabaster asked the compradore if he wis now sutistic that the money really missing 7

Witness replied that he was.

WH

Being satisfient that the money is lost, we will now try and discover how and where it was lost, went on Mr. Alabas- You don't suggest that an armed forer age info the back, hell up the

ter

His Lordship: But he does not bind Mr. Alabaster.

His Lordship said the objection could stand over until he had looked up his notes on the point. COMPRADORE'S REPRESENTATIVE IN THE BOX. Making cheng, Bullion shroff at the

END OF THE SHAMEEN STRIKE.

HOW THE SETTLEMENT WAS REACHED.

14TH, 1924

U.S. SUBJECT CHARGED. ALLEGED FALSE STATEMENT IN COMPANY'S PROSPECTUS:

The oft-romanded case in which David In the absence of an official statement Belknap Wickshan, on Anterienn subject, from the Shameen authorities we crproof 2. Traniway Path, stands charged with duce the following statement regauling mis-representation in connection with the the settlement which appeared in yester American-asiatic Commercial Company, day's Canton Garette and represents, of was continued before Mr. R. E. Lindsell course, the situation from the point at the Central Magistracy yesterday after. view of the strikers:--

The general strike against Shamern. which was started on July 15th and has lasted almost a month, is now at an end.

Negotiations which have been evralnet- ed recently between the Government and the British and French Consuls-General have resulted in what is said to be a compromise över the lukeags question which has been the sole ditheulty ob- structing settlement during the past three weeks.

hist

Mr. J. I. B. Nihill prosecuted, and Mr.

Yeung Wing Tsui said that he became . Brower appeared for the defendant.

a shareholder of the company on July 28th, 1944 holding 99,000 worth of shaves. He visites the company's oflees on May 28th this year, to ask for the interest due on his shares, and to see a balance sheet. He saw the defendant in. his office, and

through an interpreter Defendnuť said had a conversation with him in Chinese To-day the lukongs will return to duty he could not pay any interest then, sp that at Shameen and the caployees of husiwitness asked for a written guarantee ness houses and other residents of Sha- that his capital would be returned to him in five years. Defendant signed a docu- miden will resume work to-morrow.

While the great majority of the strikers went and handed it to the witness. will return to work in the next day or Wickershan then asked him to take up a number of them who have gone some more shares, saying that the cou two,

- hank staff, and took the money away 1"-

Ne. I don't say that," replied wit- International Rank, then gave evidence. to their homes in the country districts Pany had bought a large estate in Siam.] He said at the time of the less he was and who may be a little late in return He also showed witness some photo- So, if it is taken at all, it must lave | the colpriilore's representatie, holdinging to the service of their employers will.graphic views of the estate.

beer taken Stealthily -Yes."

the week.

the compradore's key to the vault, and it is expected, return before the end of Now a possible suggestion has been explained that each time he sent to the inate that it might have been taken by vault, the cashier would count aloud the suis ene who had possession of all the

Mr. Brewer: Were you an exployee of the company - held an agency for it. in Kongmonu.

keys or duplicates at them - don't wash in the vault. He was still in the Sun Yat-sen, the Generalissimo, Mr. 1 was dismissed after foor

know that.

Well, do you consider that likely -- can't give it as my opinion that some one seized the keys.

STRIKERS' MERTING. On Monday, under instructions from

employ of the bank. Two days before the

Foo Ping-sheung. Commissioner of theft he went sick, owing to a fall he had Foreign Affairs, communicated to the in mishing to the office. He handed his Strikers' Committee the proposed terms key, to a Chinese named to. The key of settlement. A meeting was immedi- was handed back to him that sight. He ately held, which lasted from one to five could not remember whether he went telock. After long disenssion, the Com the office next day, but the key was mittee, by a majority, agreed to accept handed over to Ilo again. At the close the terms and to submit them to general of the day he (living on the bank pre-meeting of the strikers.

Yesterday afternoon x mass meeting of mixes) went down to the vult with the'

the Hoi-chu After the cashier bad put the strikers Was held at cashier. $200,000 in the safe, he took out $1,000 theatre, when Dr., C. C. Wn, Foreign Mr. Foo Ping-sheung. bundle from the drawer and aid to wit-Minister, and

Then will help you te form an opinion. If it was done at night, first of all the person would have to try all the keys to ser if they fitted, nod that would take some time-Yes; that is obvious.

Also to do that he would have to know the combination! ; Yes, certainly,

And he would have to be on the link premises where there are many people who would naturally inquire what hisness: Is this a lakh Witness re- Foreign Commissioner, on behalf of the

business was? Yes.

So the chance of that happening at night is extremely renole !-You

Now there is another possibility: that the money was

taken by some one in possession of the genaire keys; that is to say the duplicate keys had been ch Lained from the other bank where they were stered --Quite se.

Now we come to the day-time, it would not be necessary for the thief to possess, the combination and it would not be uccessary for him have Mr. Arg- strong's key of the vault, as these locks wuld be opened'-Yes.

"tr· HE HAD SIN THERE. But at the same time all the other dicalties would be present, so that I think you will agree with me that it was not taken in the day-time (Yes, it seems unlikely.

Well then, if it was not taken in the day-site and not taken in the night-time

the only conclusion you can come to is Ahat it must have been taken from some." where else 1-Perhaps so.

Don't you think that by some sleight *of hamd, or some piece of jugglery, or by sou gross negligeeer, that the money never got there at all -Perhaps so

Witness, in reply to further questions regarding the patting of the money it the safes said: “How should I know I was ok there when the money was put in the safe."

1

Mr. Alabaster questioned witness as ta, the counting of "Double Eagles" on the evening of September 23rd, wheu $24,000 were left on the fat shroff's "desk.

Witness again said he was not there, so how could he say!

31. Alabaster But if you had been there you would have known i—Yes.

In reply to his Lordship, dir. Alabaster said: I know he is objecting to muy put. ting these hypothetical questions, but I am bound to put them.

His Lordship: He is not objecting. Re-examined by Mr.Prosser, the com- pradore said he would not take respon- sibility for the whole of the contents of

plied: No the 'hundredth part of it.”

Mr. Prosser: Bid von ever see the 97th and 9th cashier between the September put a $1,000 bundle "of new notes into the left hand dmwer of the safe!--No,

に Bas 2 $1,000 How did you know

A glance the handle ---I would see at denomination.

Witness went on to say that nothing happened that "night (the 27th) The cashier put the 21,000 bundle back into the drawer. There was no real check of the exsh made by the cashier on that day. Were you surprised to see a $1,000 bundle in that drawer?

Witness: Yes, I was.

Have you ever known'anything but lakh handles being put into that drawer?

No, not while 1 held the key. Describing the visit to the vault on the evening of the 25th, witness said there was no cushier's reserve to be put into the left hand drawer of the safe that evening. As usual he put the black box in the safe. The cashier then counted the cash in the safe. The cashier, after the count, said: "You see what has been two lakhs short." döge! There are Witness nude na reply sad the Enshier again, counted the notes and witness said: "Is it short?" Witness did not count the cash himself. He knew nothing about the loss apart from what he had told the Court.

4

Government, addressed the gathering strongly recommending the settlement of the strike on the terms which had been arranged."

DI. BUN RECOMMENDS ACCEPTANCE OF TERMS

After Commissioner Foo had read and dealt briefly with the proposed terms of settlement, Dr. C. C. Wu spoke.

Were you disassed for inchupetence ! or five months because I did not do erough.busi- ness far them

Can you explain to me why Mr. Wicker- shan should ask you for more money, when you had come to ask for niðurg from him-He asked for more by reason of the company's expansion. --

Does that hook (indicating a little pink pamphlët) say that an estate has beep bought -Yes.

Does it say bought or leased Leased. They are you sure that Mr. Wickershan told you they had bought an estate in Siam That is what the interpreter said. Do you admit it was possible that de fendant never even mentioned an estate in Siam ?-As he spoke to me, he pointed In the photos.

ANOTHER SHAREHOLDER. Lai Chou Tan said that he first met defendant in 1993. He joined the com pany on July 19th, 1999, as manager of the Fertilizer Department, at a salary of He came to the meeting, be said, in a month. His, duties were to sell a dual capacity: ひら representative of fertilizer, but he never in fact sold any. Dr. Sun to advise a settlement of the The reason was that the defendant in strike, and as Foreign Secretary to insisted on buyers either giving the cou form the strikers of the history of the pany a letter of credit or paying 25 per

delivery. negotiationa

L

Dr. Sun had instructed him to convey to the meeting his opinion that the terms of settlement were fair and reasonable and Dr. Sun urged their acceptance by the strikers who should rescind the strike and return to work

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ness was a shareholder in the company to the extent of $2,300.

Witness went on to relate bow the de- fendant instructed, him to make a Chi- nese translation of the little pink pam phlet produced. Defendant handed wit Dr. Wu then proceeded to detail the ness some M.S. in Mr. Rohn's handwrit course of the negotiations from the eveing, and asked him to type a copy of it." of the commencement of the strike, when Soine minor alterations were made in his he was first approached by the British copy, and he was told to type it out again. Chairman of the British Municipal Coun- ness' interpretation, to get on with the

work as quickly as possible. and French Conaals-General and the Defendant asked the priater, through wit eil of Shameen.

OBJECT ATTAINED,

3

On an elderly Chinese woman being brought inte Court, the witness said that; Ile pointed out that the object for she came to the office in May last with which the general strike had been called, letter from her. husband asking for divi- mit Hegulations of Shamcen, had been pay her anything at the moment, but amely, the cancellation of the new. Perdends. Defendant said that be could not book The lady could not read, so wit achieved by the negotiations conducted asked her to sit down and read a pink within the first six days of the strike.

Unfortunately, the lukong question ness, at defendant's suggestion, read out caused a deadlock which bad dragged on parts of the pamphlot to her, and showed The lady for three more weeks. After protracted her, the photos (produced). and varied negotiations, the terms anally went away apparently satisfied. arranged were now placed before them and, the acceptance of which Dr. Sun commended.

strike was

Dr. Wu explained that throughout the Cross-examined by Mr.Alabaster, wit-period of the strike, the altitude of the Department of Foreign Affairs and the ness' said that a few days after the "loss Bureau of Foreign Affairs was the general a mätter between Shameen had been discovered the pupradore came

and the strikers. His part, when ap to him and said, that the manager had preached, was to find terms that would trnaeferred the cashler to another posi- be satisfactory to both sides, and he had tion in the bank and hit be, witness, been in touch with the Strikers' Com-

mittee in order to ascertain their views. would also have to feastix position.too

The Government had endeavoured to possible be- and take up another past in the bank. find as early a solution

either of the Chinese or foreigners. This was being done so as not to throw cause the strike was not to the interest Dr. Wa then proceeded to explain the terms of settlement and he referred also to proposed changes in the Shameen Trae regulations which had been sug Mr. Alabaster: That means that, ac-gested by him and accepted by the Sha- cording to the Bank, there was certain meen Municipal Councils, amount of blame attached to both of

it out that the cashier was to blame. He was transferred cordingly and handed over the vault key to Ho.

On July 9th last, continued the witness, be laid certain information at the Central Magistracy, and on the afternoon of that day he accompanied the police to No 2 Tramway Path in order to point out the defendant

. The hearing was adjourned unfit this

afternoon.

TERMS NOT AVAILABLE.

In an editorial the Canton Gazette

states:-

Shameen" general strike are released for Until the terms of settlement of the publication, it would be premature to make any comment. It is reported that the difficulty over the question of the reinstatement of the ukongs has been deadlock which has persisted for fully bridged by a compromise, and thus the three weeks has been overccine.

General relief will be felt on all sides at the termination of the general strike, few sporadic incidents, inevitable in all such affairs. has been conducted sensibly and with due regard to public decorum. There has been go rioting or wholesale disorders, and while the people have been put to some incon- venience in their daily movements on the misconduct has been avoided. The strik- Eund and other parts of the city, serious ers are to be congratulated for exercising grent care in preventing any molestation of or trouble with foreigners.

the vault. Such a responsibility would you ?--I don't know bether the bay advised acceptance of the terms of which, barring

be too great. Not at any time would he be responsible for the contents of the

ault.

la reply to his Lordship, the compra- dore said it was only on rare occasions that any person apart from the compra. doro's staff passed by the cashier's desk where the money was placed in a desk basket.

Mr. Courtney, recailed, said in reply to a question by Mr. Potter, that it was his opinion that the missing money con- sisted of two lakhs of dollars made up of $300 notes.

were of the opinion that the cashier and were to blame. I had to obey orders," Docs, it not bioan that in the opinion of the bank you had boll shown a certain amount of slackness in carrying out your duties I can't say shether the Bank holds such an opinion, I was told to transfer and I did.

I put it to you that while the Bank i not going to discharge you for dishones: they were of the opinion that you had been negligent?—I have done everything The case was again adjourned until this morning.

"NG "MAFFICKING." Concluding his address, Dr. Wo strong settlement en blue. The general strike having originated outraged feelings and injury to their self-respect; now that the cause had been removed, it was the duty of the strikers to return to work immed ately and resume normal relations with ing There should be no question of vic their cumployers. He added a final warn try or defeat over the settlement of the strike. Undus jubilation or exultation should be condemned. There must be no mafficking, as such conduct would be with the motive whie inconsistent prompted them to strike.

The terms of settlement were then put to the vote and accepted by a large inajority.

(Continued on net column.).

Resort to a strike is always to be de plored, and we regret that the necessity ever arose for "the general strike which was called. As a peaceful demonstration but neither Chinese nor foreigners will protest it has succeeded in its aims, want to see it repeated bereafter.

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