1924-08-15 — Page 5

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dear, may say it is not bolted and harted may say that in order to arrange for quarters for some of these senior non-European civil servants I, with others went to look at various, varant Bats in Victoria, Kowloon and Shumsnipo. At last we got hold of 15 Bats at what we considerril very mode- Tate, renta. They were new and very good houses and we sent a circular round for

THE HONGKONG

THE MISSING $200,000. CONCLUDING STAGES OF BIG

BANKCASE.

JUDGMENT RESERVED.

Yesterday was the seventh day to the hearing in the Supreme Court, before the acting Chief Justice (Mr.. H. H. J. Gom, pertz) of the ease in which the Internn- tional Banking Corporation in Hongkong

DAILY PRESS, FRIDAY, AUGUSŤ 15TB,

THE SEIZED ARMS, [FROM OUR CHINESE CORRESPONDENT. ] WAS THERE MISREPRESENTATION

AMERICAN'S ALLEGED

MISREPRESENTATIONS.

COMMENTS FROM THE BENCH.

WHEN PERMIT GRANTED

At the Central Magistracy yesterday There is no truth to the Kaniniatang afternoon, Mr. R E. Lindsell continued Government charge that, the officers of the the hearing of the Tense against David Canton Merchants Volunteer Corps in Belknap Wickershan, an Amerienn sub- tended to smuggle arms into the turri- ject, of, 2, Tramway Path, who stands tory, according to a members of the staff charged with misrepresentation in con- applicants for them. offering each $100 suing the compradore of the Hongkong in the headquarters of the Carns, who neetion with the American Asiatic Com

for removal of furniture and patting up-| necessary partitions. The response to that circular was so disappointing that we asked the owner of the Bats to take

back right of thein, and we endeavoured 1o get applicants for the remaining tea It was so disappointing that we were wondering whether We had won too hurried in arranging allowances or getting flats. We are building over 200 quarters in Kowloon ou a most excellens site, and i hope they will be finished within the next two years, but I hope

and trust that members of the service will not my they do not want to go into chem.

Branch and his surety for the recovery of $200.000, kat from the Bank in 1999.

After further evidence had been called for the defence, Mr. Eldon Potter ad dressed his Lordship on behalf of defen- dants. He said in the course of his address that the one man "who had the most opportunity to take the money was the cashier' himself. It seemed to him that even Mr. Alabaster (for the plaintiff bark) to his cross-examination of wit- nesses for the defence, hnd served to establish this more than anything else in the case.

The cashier was the man who In regard to Telephones, the future of | admitially received the money at the end the, Telephone Service in Hongkong is of each day's business from the hands of being discussed at present at home, and the compradores staff. That had been erstsin tentative proposals have also come proved out of Mr. Hodgkins own mouth. Forward in this Colony, but it is imite received this money erth night and, possible for the Government to deal with these during the absence of certain admittedly, it was his duty to see that interested persons home. No doubt was properly accounted for: and admit we shall hear the result of the discussions tedly it was his duty to see that it was at home and when the interested persons return to the "Colony I hape it will not placed in the gault safe. l very long before arrangements. for the Future will be rompleted.

THE TELEPHONE SERA ICE,

WATER RESTRICTION IN THE WESTEUN DISTRICTS

It was also

clear from Mr. Courtney's evidence, that the last money consisted of two bundles of a lakh in fach bundle, and, on the face of it, it was practically an impossibility that the two lakhs were taken out of the

rauh safe without Mr. Hodgkins having noticed it. Taking the case for the plain- tif, which was that during all the material times not more than $971,000 had hera put into the safe at one time, it also seemed impossible that the two lakhs were taken out without his notice. If there was 쇠 Muggestion of suspicion

1 would like to explain, to the bon. merter why a part of the Western Dis tract on the rider main system is still having a restricted supply of water. The Pokfulam reservoir cannot supply ail the water required for that part even if it can be altered, and therefore any water required to make up the balance wali have to come form the. Tytam tune which carries 14 millions a day, "but the conduit to the filter beds is constructed to carry only 7 millions a day, while the consumption is not less than p millions a day. An 18 inch pipe | picion rested on the cashier owing to the has been constructed from the any system of accounting adopted by the down to the Eliot filter beds so that | bank. He was the man with the most sutheient water can come through. That full supply we hope will be available in six weeks or two months when jart of eastern filter beds are ready. The Gioverument much regret that the "res'!'c- { tion of the supply has occurred owing the want of sufficiem filter beds and the grent increase in the consumption of

water

Hon. Mr. BIRD, bring naked & question regarding the facing bricks previously referred to, maid: There is very "great difficulty in getting these facing bricks, for I have experienced is myself. We were asked from Shanghai to order some, 1 made inquiries in all likely plaers and we were unable to get them. Of course, you could allow your design and use plaster. Probably it wouli cessitate a new drawing.

II.E. THE GOVERNOR Do you em sider. Mr. Bird, that we should alter the design rather than wait?

Hon. Mr. BIRD: That depends on how long, you have to wait. Sir,

The second rinding of the Bit was Agrond La, arid on the motion of the Colonial Secretary it."was referred to the Finance Committee.

THE REVISION OF THE ".

ORDINANCES.

moved the

The ATTORNEY-GENERAL second, mading of the Bill intituled an Ordinance for promoting that vision of Ordinances of Hongkong,

The COLUSTAL TREASURER secondeti." The second reading was agreed to without amendment.

The ATTORNEY-GENERAL then move and the COLONIAL SECRETARY seconded at the Bill be read a third time and Bilf was passed into law.

ADJOURNMENT.

the

H.E. Tug GOVERNORI The Council will adjourn till this day week at lig.

FINANCE COMMITTEE.

A meeting of the Finance Committee was afterwards held, the Colonial Secre- tary, presided.

· CLOTHING FOL PRISONERS.

The Governor recommended the Council to vote of sum of $0,000 in aid of the

Vote Prison Department, other charges, clothing for prisoners.

The CHAIRMAN: This sum of 80,000 is required owing to the unexpected in crease in the number of prisoners

Approved.

ARMS FOR TRK POLICE, '

The Governor recommended the Council to vote a sum of $0,870 in all of the vote Police Department, other charges,

arms."

The CHAIRMAN: Owing to the in- crease in the Police Forte it is necessary to order 150 rifles and buyonets, for which no provision was made. This sum of $6.879 ja to cover the cost of 100 rifles and bayonets recently received from the Crown-Agents. Approved.

against anyone he put it that such sus-

opportunity. He could not believe that any w, let alone his Lordship, would and that fraud or negligence had been proved against anyone of the compra. "dore'à staff on the evidence placed before

the Court.

A FALSE POINT:"

handed me two eppies of clicial docu-mercial Company. ments bearing on the subject dated several dinya before the arrival of the consignment of arms at Canton by the Norwegian 8.8. av.

Owing to a death enquiry which it was necessary "for Mr. Lindsell, to hold before- hand, the case could be given, only a short hearing, which wis entirely taken up by According to the documents, this officer the cross-examination by" Mr.” N, J. pointed out, the Canton Meretants Browar (defending) of Lai Chan Tan, Volunteer Corps could pass the arms and who had given his'evitlence in chief on ammunition, not exceeding the quantity the previous day. stated in the permit, within the three months beginning August 4t through the Customs and other stations.

+++

but the deals fell thringh

Mr. Brower: How you any previous

Witness denied that he joined the American Asiatic Commercial Compang as a sort of compradore. He was engag- The duty of negotiating for the permite as manager of the Fertilizer Depart to import of arms bad been entrusted ment, and to obtain örders for, leëtilizer to Mr. Chung Han managing on commission. He occasionally produced director of the Canton-Hankow Railroad, prospective buyers ready to siga, a con- Kwangtung section, who is also a member tract, by of the Corps. The Headquarters, said my informant, who is a Volunteer Staff experience of import and exports-A Officer, clearly hail no intention of in little triguing for the import of arms, wher the matter of getting the permit was put into the hands of one who knows the Secretary of War of the General Head- quarters of the Canton Government. The documents translated read as follows:

Mr. Hsu Chung Hau, a member of the Merchant Corps, before the permit was issued, wrote to the Secretary of War as follows:

Whom had you been with?--I had studied the fertilizer business..

Have you ever sold fertilizer for any firma.

Then you have gained your experience

of buying and selling fertilizer without |ever having sold aạy ?—Yes,

On the witness intimating that he did not understand a question of Mr. Brewer's the Magistrate remarked “ It My Dear Secretary Chung We is a very simple question. Mr. Lai. "You The General" Headquarters of the Canton Merchants Volunteer Corps can understand Mr. Nihill (counsel for have decided to purchase from abroad the prosecution) and I do not see why arms and ammunitions, but they must you should not understand Mr. Brewer." have a permit from the Department (of War) before concluding the terms. In a conversation yesterday, you have signified your willingness to do this Now I enclose the original note benr ing on the subject and ask that the showed the photos to prospective share permit be issued Monday.

bolders, Mr. Shoffer (a member of the "Thanking for the kindness, etc.-firm) was in ha office, Deferidant used

Witness denied that he had ever per- suaded any of his friends to pay a cent When defendant into the Company.

Yours, etc.

PS-Please 51 the permit good to come to witness' room for the purpose for three months."

of showing the photos. Except on two occasions. Mr. Shoffer had never been present at such times. The photoa used to be kept in the private office, from which the defendunt used to bring them

in Canton:-

~)

The Permit by the Department of War to show them to people. Permit (Mo) No. 53.

"According to petition of Chan Liz Pak, Commandant of Canton Mer chants Volunteer Corps, it is proposed

His next point was as regards Mr.

The following was issued by the Secre- Alabaster's cross-examination. Mr. ALL- baster had tried to make out that be-tary of War, August 4th (1924), of the cause the compralore brought forward 13th Year of the Republic, from the the total balance, of the cash-in-band he General Headquarters of the Government admitted liability for it. That was a false point. is contention had been all along that this total cash lalange includ ed every penny in the lank, for which the compradoïe could not be held liable. There was every day a large portion of the wash in land which had already been accounted for by the compradare, which the cashier hiraself took down to the vault. The while of the money in the safe was not brought out each day. The cashier would each day put a certain amount into reserve and in doing so he would say to the compradore's repre- sentative: Your carh is correct. I wil lock this ensh reserve into the sale (of which, by the way, he only had the key) and this will save us ecunting it at the end of each day." That was the system adopted by the Bank

Mr. Potter's niet point was that throughout the whole of the eighteen years which the compradore had been in the bank he had never checked the cash in the vault and be had never been called upon by the bank to do so—a most amaZ- ing fact. Mr. Alabaster had said that the money was put into the safe for greater security, but he contended that it was not put there in the same way as the con pradore put in the subcoin for which he was responsible.

He submitted that they bad proved that the compratore had accounted for every penny in his care and that therefore there was no claim against the compradore or his surety.

A NEW PLAINT.

Mr. Alabaster, addressing the Court, said that his Lordship sitting in the place

1924

AERTEX

Warmth without Discomfort

Coolness without Chill.

1989 Tennis Shirts 1989 Day Shirts

$ 9.50

8.50

1700 Tennis Shirts

7.50

1700 Day Shirts

6.00

1989 Under-Shirts

6,00

..

1989 Trunk Drawers

931 Under-Shirts

6.00

3.50

931 Trunk Drawers

3.50

1989 Combinations,

10.50

Mr. Brewer. Are you positive?.. want you to be very careful, because youį

We Stock "AERTEX”

Three Weights.

1989 Is Very Fine and Very Light

933 Is Medium Weight

931 Is Course and Heavier.

LANE, CRAWFORD, LTD..

HOUBIGANT'S

QUELQUES FLEURS PERFUME

AND ...

CREME EN BEAUTE.

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

are likely to be contradicted on the point THE

year I will swear to it.

to purchase from. Rifles, 4,950 that you saw those photos in May this pieces; Ammunitions attached to same, 1,300,000 rounds; Mauser pistols, 4,331 pieces; ammunitions attached to same, 2,000,000 rounds; Larger and small revolvers in total, 680 pieces; and am munitions to game, 104,000 rounds; in cases, 1,190 germission, therefore, is requested, to impart."

Permit (ha chino) is hereby granted with request that all Customs and Stations and Military and Naval Forces and Police pasa (these articles) without interference or obstruction...

To the bearer, Chan Lam Pak, Commandant of Canton Merchants Volunteer Corps.

Good until (or limit to) November 4th (1994).

(Signed) "CHING CHIEM,

Secretary of War Dated, August 4th, 1934,

Mr. Potter: I must protest against that. Mr. Alabaster is raising an entirely new point. It has not been pleaded and neither has it been brought out in the evidener..

.."

His Lordship: It is certainly a point that has never occurred to me before.

Mr. Alabaster said that it had always been his case that they always went down

Did you ever speak to Mr. Rohn senior (General Manager of the Company) about the Company's affairs-Never. Why should" It.

Witness said he could not say what had happened to Mr. Roba's original M.S. of the prospetus, or to the copy of it which went to the printer.

Mr. Brewer: You used to be in a solicitor's of5e, did you not?—Yes...

You knew Li Hung Mail-Yes.' You remember when he was tried for champerty and obtaining false witness? Witness at first said he could not re member, and just afterwards, in answer to the Magistrate, said he did not re- collect the matter.

Why did you leave the employment of Messrs. Lee and Russ-I cannot tell you" It is my own business.

Witness denied that he ever obtained or attempted to obtain $5,000 from a certain person by means of a forged 1.0.0.

On Mr. Brewer pressing certain ques

of a Jury would have to consider three to the vault together and, that being ŝn, questions: (1) Was the loss of the money there was a dual responsibility. Why did established-bad the Rank lost the the compradore's representative go inside tion's as to the witness going with the money; (9) how and from where was the the vault If,hs ouly held the key, why money lost; and (3) whether the facts did he not stay at the grill? It had to be police to 2, Tramway Path, His Worship brought out in the ease bring the case remembered that the compradore's repre-enquired Why, in fact, was this man within paragraph 4 and part of 10 of the Bentative always went inside with the taken alongt" Mr. Nibili replied that compradore agreement. It was admitted cashier.

that the money was stolen and in order Mr. Potter: Then surely we should have tu answer question No. 2 they had to con-been told of this.

the police thought that he might be useful in poisting out office correspond- ence. His Worship remarked that the proceeding had been most underirable.

Mr. Brewer Were you with Inspector Reynolds during the whole time of the search 1-Yes.

"Were you at any time in the same room with Mr. and Mrs. Shofer-Yes, with Inspector Reynolds.

Witness was ' then aben

Bizall

sider the possibilities and draw implien- His Lordship: Then you put it as high tious, The possibilities, suggested had as this, Mr. Alabaator. Supposing n been reduced to two-the money was European by some aleight of hand-man- stolen from the vault when the compra- aged to slip two handles of notes up his dore's representative was present, or it sleeve when the compradore representa was stolen before it reached the vault, tive was present, you say that the com and was lust through the slackness of the pradore should make good the loss

Mr. Alabaster said he did, provided the cumpradore's represcatative. If it had dropped, he should have seen it. Para compradore's representative was present. His Lordship: Well, I have no doubt graph 4 of the compradore agreement said: The compradore shall be respon about it that the matter has never been Bible for the honesty and efficiency....brought up by you and it was not put and for every liability incurred by every to any of the witnesses and you are not tortoise-shell toilet box, and said that nember

the compradore staff... and entitled to open it now. shall be held liable for any dishonesty, Mir. Alimster contended that the cash he had never seen it. Mr. Brewer ex. negligence, want of skill on the part of was entrusted to the compradore both plained to the Magistrate that he had night and day, and although it might put it in, because, before the search, the the compradore staff."

I say it was the duty of an honest have been a convenience to leave some box had contained $65 for the payment man, who was present a second check money in the vault for which he was not The CHAIRMAN: This sum is required and as one who held a key of the vault directly responsible, he maintained that of a bill, and after the search the money was missed. The witness was the only for the rent of the 4th, 5th and 6th floors to see that the money was carefully check whereas the compradore should have ac of the new P. & 0. building which are ed and to carefully watch that the money counted for $532,303.35 cents he did not other person there besides the police. to be occapied by certain Government was put into the safe," continued Mr. do so. There were two lakhs missing.

The hearing was adjourned until this Alabaster, departments.

afternoon. Approved.

TEMPORARY GOVERNMENT OFFICES,

The Governor recommended the Council to vote a sum of $10,000 on account of Miscellaneous Sorvices, rent of tempo rary offices,

ST

(Continued on next column.)

He asked for judgment for the plaintiffs.

Ilis Lordship reserved judgment.

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