1926-01-05 — Page 5

Page

THE ATHERLEY CASE, ALLEGED EMBEZZLEMENT OF

-$3,275.

TRIAL OPENS AT CRIMINAL SESSIONS.

OFFICE ROUTINE CHANCEA -

THE HONGKONG DAILY PRESS, TUESDAY, JANUARY 5rg,

Referring again to the change in thè office routine, Counsel said that 3ir. Atherley gave instructions to the compiu dore department, on March 24th, that all the monies received, instead of being paid into the Company's bank, were to

AFTER THE FIRE.

BUSINESS „AŠ USUAL

HONGKONG HOTEL

Business as usual was the motto of

KUOMINTANG CONFERENCE.

NO QUORUM AT CANTON.

[FROM OUR CHINESE CORRESPONDENT. }

The Second National Conference of the

the Company at the Hongkong Hotel Kuomintang Party, founded by the late yesterday. The Cafeteria, " Bessie's " The case in which James Edward be paid to him. He was the manager and Bar, the Dining Room, Root Garden, T. Sun Yat Sen, was to have met 'for Atherley, former manager in Hongkong the compradore was bound to ebey him. Dances and Garage Services are all Executive sessions on January 1st, in

of Messrs. Getz Brothers (of the Orient), Ltd., is charged with fraudulent conver- sion of four sums totalling $3,275 was opened yesterday at the Criminal Sessions

In

On

March, 1994, there was an item of $750 kept by Atherley, but that was due to him us salary for the month. March 9th it appeared that he before the Chief Justice. Sir Henry desperately in need to square Fred Ellis Gollan, and a jury comprising Mr.

Wax

tioning as before the fire, white meals

a la carte (GAN Noom style) may be had in the dining room.

A Daily Press representative enquired yesterday concerning the present accom-

P. M. N. da Silva (foreinan). Messrs.& Co. On this day three araunts total-modation in the Hotel, and was informed

Canton, but a quorum could not be o tained. Resident members were asked to apply for proxies from outside delega tions in order to sit on their behalf. Altogether some 200 were called to order on New Year Day. On account of the absence of outside representation, na

Maurice Minney, H. L. Stainfield, A. S. /ling 81,611 were collected, and they were that there were nowes hedrooms in use. business was transacted, those present | da Roza, E. A. Simon, Sheik Jumah and banded over by the compradore on 3r. all of which were ocčdpled by residents. adjourning until further notice.

Sam Man Yan.

The details of the fourcounts were:

(1) That on the 24th March, 1924, he did fraudulently convert to his own use and benefit the sum of $1,611 received by him Brothers of the Orient: (2) on the 25th March, 1924, a sum of $1,103.52; (3) on the 28th March, 1921, a sum of $72.50;

.for and on account of Messrs. Getz

and (4) on the sth March a Sum $.447.65.

of

The accused returned a 'plea of not' guilty to all counts.

Atherley's instructions. There was an item for that amount. in his banking

account A deposit slip was made out, showing monies received together with the names of debtors who had paid. The deposit slip was retained by the eo Pradere. "The was an item of $141.01 entered at the Chartered Bank, which was received by the compradore From Hung Fat Lung in respect of the sale of a stock of newspapers, which had been going on during the month of March.

and a large number of burnt, out residents have asked for rooms in the remaining

portion of the Hotel as soon as they can be got ready. Needless to say the man- agement are doing their utmost in this direction, but, of course, many rooms which will be put into use shortly are at present drenched with water.

A tea dance took place in the Hotel sesterday, afternoon, and a start was made with after-dinner dancing, which will take place nightly in the Roof Gar: den. Dancing will be from 9.15 p.m. to midnight. There will be no charge for residents, hut non-residents will be charged $1 per head.

On March 25th, the Compradore collect- ed $1,112.82 which was again handed over Mr. F. C. Jenkin (instructed by Mr.to Mr. Atherley. The deposit slip was Pryor of Messrs. Wilkinson & Grist) again given to the compradore. The next appeared for the prosecution, and Mr. item in accused's banking nerotht was Elsley Zeitlyn (instructed by Messrs. Hall

an entry of the paying in of 81,119,99 Hind) defended. Mr. Zeitlyn prior to the opening of theIt was very strange that the two amounts - case fequested that accused be allowed which he had put in on different days were the exact amounts paid in for Getz to leave the dock and sit at Counsel's Bros. There was also an entry in his table. Mr. Zeitlyn explained that owing account for $1,000, but he (Counsel) had "to the fact that accused was not released failed to find out where that amount had being arranged for.

on bail, the preparation of the defence. had been considerably hampered. His Lordship acquiesced and accused left the dock and took a seat next to Counsel.

come from...

It was announced yesterday that the Hotel Bus service will start from outside Mac's Cafeteria, and not from Statue Square, as was previously stated.

Messrs. Thomas Cook & Son carried on in their old promises yesterday morning, but it is understood that new offices are Mesars. Powell & Co. (Men's Department) has been trans An entry of $3.50 was the next item ferred to the main shop in Des Voeux in his banking account. This was also Road, and the ladies' department of the Company's. monies received in a Messrs. Lane, Crawford & Co. has been A JUROR'S RELATIONS.

similar way. This was not the total cof transferred to the jewellery department. Mr. Zeitlyn before the case opened also lection for March 28th. In addition there All except the pavement on the op- asked whether a Mr. Rosa, who was on

posite side to the Hotel of Redder Street were 8300, which were not taken by ac-emains closed. Des Fuux Road has the jury, was any relation to the Mr.eused. This amount was collected from been re-opened and the trams are run- Rosa who was an accountant in Getz person named Horter Barn, and was ning as usual. Bros. and would be called as a witnesa entered in the Comparty's hanking ac for the prosecution. Assurances were

count The 0th item in the accused's given that the juror was in no way con- banking necount was $147.66 also received nected with the other Mr. Hosa.

from the compradore.

›

THE PROSECUTION.

head of the Company in Hongkong.

Atherley. This sum had been reached by gradual misappropriation.

Yesterday architects and experts sur reyed the ruins, and precautions will have to be taken to prevent the falling of charred and cracked masonry-

THE COMPANY'S COMPRADORE..

CONFISCATED TOBACCO.

CASE TO BE RE-OPENED.

As a sequel to the seizure of 37 baloy

of raw tobacco at Yaumati breakwater on Monday last, when a confiscation order: was obtained, Mr. Lea. D'Almada applied for a rehearing of the case, before Mr. R. E. Lindsell at the Central Magistracy. yesterday.

Mr. D'Almada said it appeared that the consigament of tobacco was sent from Canton in a fishing junk to Hongkong. and was seized. An agent of the owners subsequently interviewed Mr. Lloyd (Superintendent of Imports and Exports), and asked to be allowed to pay the neces sary duties, but he was apparently dis- satisfied, and he told the agent to go to the Court next morning.

The agent understood, however, that he was to ap pear before Mr. Lloyd at his office, and that was the reason why he did not come to Court. Now that the man was in Court, he had evidence to show that hẹ was the rightfal agent for the owners, and they were prepared to pay the neces sary duties.

Saying that he saw no objection, Mr. Lindsell adjourned the case until Friday, so that Mr. D'Almada and Mr. J. D. Lloyd could discuss the matter.

ALLEGED EMBEZZLEMENT.

CHINESE CHARGED WITH CON VERTING MONEY TO OWN USE.

At the Central Magistracy yesterday afternoon, before Mr. R. E. Lindsell, Wa Tong, was charged with converting to his own use the sum of 8672 belonging to the Hop Wo firm

Evidence given showed that the man-

beri-beri At that time the value of the

COMPRADORE'S RECEIPTS SURRENDERED. Mr. Jenkin, outlined the case for thei

Continuing, Counsel said that the de- prosecution at length. He' said that Mr.posit. receipts were surrendered by the

Chau Keng Yen said that he was Atherley was charged with fraudulently compradore to Mr. Atheries, but in retorn formerly compratore of Getz Bros (of the Orient), Ltd, which ceased business converting to his own use $9,275, belong he gave him a final receipt covering all in October 1925. He was appointed com ing to his employers. Mesars. Getz Bros. the amounts, totalling 813,149.34: He predore in 1921. According to the con- tract, members of the compradore staff (of the Orient). Ltd., a well-known Cali (Counsel) would produce this receipt and were regarded as employees of the Conager of the firm had left Hongkong for fornian firm, dealing in foodstuffs. Mr. he would prove that it was signed by Mr.pany. He was responsible for the collectie because he was suffering from Atberley was appointed manager of the

tion of all outstanding accounts, and furniture in the shop was estimated at books of account both in English an$3,780. When the manager returned be Hongkong branch in August 1999 To-

Chinese were kept. Mr. Atherley was found that the furniture had been dis gether with the office staff there was also

Mr. Jenkin submitted that the fact that manager of the firm, being appointed in posed of at less than half its value and the compradore staff. The compradore had to produce his books for Mr. Ather-monies belonging to the firm were taken August 1929, and he was solely respon that, the shop had been converted into a ley's inspection, because he was the scic by Mr. Atberley and entered in his own sible in Hongkong to the head office in tea house, Money for furniture had been private account constituted a misappro| California In pursuance of a clause handed to the defendant by Lui Tee Kai, The Company would import goods from printion of the Company's monies. Coun the agreement, he (witness) collected the salesman of the Tai Cheung furniture California and the head office there would se! quoted the law on the question and accounts, and sometimes he left the workshop, and by Lau Tat Choi, salesman of draw on the local office in Hongkong the referred to the arguments in the ease of to his foki. First of all an invoice and the Wing Hing furniture shop. It was promissory note received from the cus alleged that the defendant converted some value for these goods. The system re- Horatio Bottomley.

Counsel further "stated that accused tomer, were sent to the compradore quired that promissory notes should be

of this money to his own use, using the taken from all. Chinese deniers for their drew out cheques on June 4th, another department, from the manager's office. remainder to carry on the ordinary busi respective shares in consignment of of the Stock Exchange's settlement days; He then entered particulars of amounts ness of the shop he was in charge of.

Defendant admitted that he converted goods imported. As these promissory $4,000 being paid to Carroll Brothers, and he bad to collect in a promissory note notes fell due it was the duty of the further sum of $1,901.30 to Fred Ellis book, which was paid for by the Com- 8900 to his own use.

& Co. compradore department to collect the moneys due. After the amoants were collected the compradore would report to the manager, and set lown on a de posit slip the amount he had received. Having done this the compradore also set down the amount in the paying-in book of the Chartered Bank, which was the Company's bank, the sims he had collected.

The amount received on one day was also paid into the bank the same day,

TRANSACTIONS WITH BROKERA......

AN EFFORT TO REFUND."

Later, however, as Mr. Andrewes re marked that his client was anxious to recover the furniture, although they did

A cheque of 83,000 was also pany. On March 24th. Mr. Atherley in- Me L. R. Andrewes (Mesara. Johnson, drawn. Was it not signiscant that onlorised him that all modies thereafter Stokes & Masters) prosecuting decided, the small salary he was drawing at the collected were to be paid to him person. His Worship's suggestion, to reduce the amount involved in the charge to time that be could draw such amounts? ally, and he complied

Cross-examined by Mr. Zeitlyn, witness $200. The prosecution.stated that he bad those amounts wherewith to pay the brokers said that he could not speak English well He agreed that he had frequently con- from the compradore.

versed in English with Mr. Atherley con

acted as interpreter when his guarantor, fr. Wong Pai Chan, had conferred with Mr. Atherley. He also agreed that he had sat on juries, but when Mr. Zeitlyn asked him if he would speak English then, he said that he had no confidence in speaking English and preferred speaking his own language.

From time to time sums of money had terning the business, and that he had not want to press for a heavy pensity on

found their way from Atherley's account to the Company's account at the bank They might, however, have been monies which bad heep left as outstanding and had been paid previously to the firm. This closed Mr. Jeakin's speech.

BANKERS' EVIDENCE

Continuing, Counsel said that March 2th, 1921, was an important date because it was then that misappropriations were. begun. On this day Mr. Atherley opened a private account in his own name at the Mr. Sheldon Munroe, an assistant of International Bank March 24th was the the International Banking Corporation, eve of the March settlement day of the produced a copy of accused's account at

International Bank.

THE BALLEY OF ACCUBED.

A BROKER'S EVIDENCE.

Replying to further questions, he said Mr. Atherley became manager in 1999

Mr. Zeitlyn: Had you to be responsible for the contracts which you had guar- anteed? And did you undertake to guar- antes only certain contracts Yes.

defendant, the original charge was pra ceeded with...

• After hearing further evidence," His Worship adjourned the case until Friday' afternoon.

WHITE GLOVES.

*PRESENTATION MADE TO MR

RE. LINDSELL,

local Stock Exchange. The same day, the bank. He stated that on March 24th, the office routine was changed in a radical 1924, accused paid in #1,641.including a

The fact that there was not a single manner under the directions of Mr. Ather- cheque for $307,93. He had no private

The contracts out of which these charges new case down for hearing in the Senior ley. And on the very same day, also the account at the hank prior to March 24th.

Replying to Mr Zeitlyn (Counsel for have arisen were contracts guaranteed Magistrate's court at the Central Magis- moneys of the Company, instead of going into the Chartered Bank, were entered as the defence) witness said that the first by you --According to the agreement tracy last Wednesday morning formed an a private account by Mr. Atherley, at the amount paid in was by cheques for $100, am responsible for some contracts, but occasion for an interesting little ceremony ibis court yesterday morning.It-being Further pressed on this point, witzessual event, it was decided to pre- 567.93, $795.09, and $177.30 in cash. He for others I am not responsible: could not say whether accused had trans- ferred to the International Bank from said that he did not know whether the sent Mr. R. E. Lindsell with a pair of Accused at all material times was another bank; neither did he know that charges arose out of contracts which he white gloves to mark the occasion. The receiving a salary in Hongkong of 3450 Mr. Atheries had scrip and deposits at had guaranteed or not. Mr. Zeitlyn then Captain Superintendent of Police (315. gold, averaging 3870 Mexican per month. his bank. He could not say how the gave the names of several Chinese who P. P. J. Wodehouse, C.LE.) made the

had contracted with Getz Bros., and wit presentation. 15 He (Counsel) was not concerned as to other amounts were distributed, so

ness agreed that he had collected accounte Mr. WoDERnus said: If I may be whether, that was adequate or not; but to give details of cheque and cash from each of them. He agreed that the allowed to interrupt, I wish to congratu between March 24th and the end of amounts.

promissory note book was always in his late you. I think last Wednesday there March, a period of 5 or 6 days he paid into his private banking account a sum Mr. P. Tester, a local share broker, was control, but he did not keep the Com- was not a single east in this Court, not of $5,1-18, which was equivalent roughly the rext witness for the prosecution. He enlign bank book. That was even a hawker. I think this event is by the Chinese book-keeper. He probably absolutely unique in the annals to six months salary. On April 24th, he said that the settlement days of the local further held that the keeping of a book of the Colony. We all hope, for the good paid in 321,327, which was equal to two stock exchange in 1824 were March 15th, in which be recorded what he paid into of the Colony, and the neighbouring pro- years salary. He (Counsell did not know April 29th, May 27th, and June 24th the Company's account, was a discharge vinces, that the present state of afinirs where he got all the money from, but it Fred Ellis & Co. were share brokers in of his daties to the firur He knew that may soon come to an end, and nerma) was a significant fact that on March 26th, the Colony in 1924, an also were Carroli Messrs. Porcy Smith, Seth & Fleming communication be restored. Yet, from the day of the settlement of the local Bros., and the firur of George P. and were the Company's auditors, and that the purely police point of view, we should Stock Exchange, accused had drawn out H. A Lammert, and M. A. Razack & Co. they came to examine the books each like the present conditions to remain as cheque for 84,022,60 in favour of Fred He also know a Mr. J. H. Pidgeon who month. He did not believe that the audi: they are. I have now much pleasure in Ellia & Co., well known share and stock in December, 1924, was connected with tor's visits were to see that his liabilities handing to you this

his pair of

of white gloves brokers, The fact that it was the first | Carroll ́Bros.

as compradore were discharged. He to mark the occasion cheque draws, and a day after the scaplying to Mr. Zeitlyn, witness said thought that as the Company was a limit-

D'ALMADA that as only count had been opened, showed that it has a sum of 817 was made out in theed one, anditors had to be found a solicitor in Court he wished to the cate was a pressing need of Mr. Atharley's name of. A IL Carrol, he would not take Further questioned, he agreed that he himself with Mr. Wodehouse's remarks, to pay over that amount to Fred Ellis & it that the amount was due to Carroll was responsible for the exchange con- He congratulated Mr. Lindsell on behalf "Co. This private, account bore no re- Bros. as stock brokers, nor would be contracts.

of the profession. semblance to that of a man earning only sider a sum of 8200 paid to Mr. J. H. Mr. Zeitlyn: You were responsible for Replying Me LINDRELL anid: “I thank 8870 a month. It would be the account Pidgeon as a payment to Carroll Bros. the gold value of the goods sent to Hong- you for this interesting token of recogni- of a very wealthy man.

HC. Kwok and Pun Puk Yuk, of the kong?-I only guaranteed to see that tion of an event which, I agree with you, clerical staff of Messre Wing On & Co, customers here paid the equivalent in is so far as I know, unique, At deposed to having made out certain silver.

the same time, I think it is rather you cheques to Getz Bros.

and your force that should be thanked, I thank you."

Continuing, Counsel said that these misappropriations were going on through out 1925, until October-23rd when Mr. Atherley was arrested,

"(Continued on nezt Column).

At this stage the hearing was adjourned until to-day,

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