1926-01-07 — Page 4

THE - HONGKONG DAILY PRESS, THURSDAY, JANUARY 7TH, 1926-

Correct Dress Wear.

Occasions which call for the wearing

of Dress 'clothes are times when a manwould look at his best, and, in the knowledge that each detail of his dress is incontestably correct.

We shall welcome the opportunity of showing yon the new and approved styles for present wear.

May we have the privilege?

Mackintosh

“& Co. LTD.

MEN'S WEAR

SPECIALISTS,

Alexandra 89 Hong Kong Des Vans Road

WINTRY DAYS

OUTSIDE, AND INSIDE THE GLOW OF

A CHEERFUL

ROOM.

A room with a glowing Gas fire, where it is a luxury merely to lounge in your favourite chair and forget all your worries.

No bother about coal, no sulky fire that has to be coaxed, no dirt. Nothing to do but turn a tap and strike a match: in other words

COMFORT ON TAP

Therefore,

INSTAL GAS Now

AND

ENSURE YOUR COMFORT.

HONGKONG HOTEL.

SUPPER DANCE

ROOF GARDEN

Wednesday, 13th January, 1926, 8 p.m. to Midnight.

ADMISSION BY TICKET ONLY:- $2 Single.

$3 Double

The whole of the proceeds from sale of tickets and all the profits in connection with this Dance will be de voted to the benefit of the dependents of the Late A. B. BATCHELOR of HMS." HAWKINS" who lost his life whilst gallantly serving as a volunteer worker during the Hongkong Hotel Fire on the 1st January, 1926.

The Hotels Company confidently relies upon the co- operation of its patrons to ensure that this function shall meet with the whole-hearted support its object un- doubtedly deserves.

THE HONGKONG & SHANGHAI HOTELS, LTD.

[96

THE ATHERLEY TRIAL. ACCOUNT BOOKS EXAMINED, DISCREPANCIES ARE TERMED

It makes a lot of difference if you were to put money in a bank with which you were not dealing, Mr. Chauf-Yos

Look at exhibit B. It contains a receipt for money from the Wing On Co. as being paid on March 24th. Is it also the same in CH---Yes,

Further questioned, he said that the translating clerk did not know that the money was paid to the taipan,

Mr. Zeitlyn Is that any reason why in your order book it should be stated that the money was paid to the bank1- The translating clerk was ignorant of it.

"CLERICAL ERRORS.”

The case in which James Edward Atherley, former manager in Hongkong of Messrs, Getz Brothers (of the Orient), Ltd, is charged with fraudulent conver sion of four sums totalling $3,975 was as done with it before Marth 24th the taipan it was the end of the matter 7-

Is it not a fact that the cheque was received by you on March 20th! What

forget whether the chèque was received

continued: yesterday at the Criminal Sessions before the Chief Justice, Sir

on March 20th.":

Wing On testified that they paid you Henry Gollan, and a jury comprising Mr. P. M. N. da Silva (foraman), Mesara, that, cheque on March 20th. Can you Maurice Minney, E. L. Stainfeld, A. Sexplain how it was that it was not enter da Roza, E. A Simon, Sheik Juman and ed at the bank until March 24th 1-That

Sam Mao Yan.

Mr. F. C. Jenkin (instructed by Mr. Pryor, of Messrs. Wilkinson & Grist) appeared for the prosecution, and Mr. Elsley Zeitlyn (instructed by Mesars. Hall & Hind) defended.

Mt. Zeitlyn continued his cross-exami nation of Mr. Chau King Yan, the Com- pany's compradore, the examination con- tinuing throughout the day.”

can be explained by the cashier,

Také March 25th. Your state that the chop in the book dated April and shows that the money was paid into the bank on that day 1-It means that

Look at book C. It states that the money was paid in on the 25th. How do account for that discrepancy-On March 25th, the taipan told me that all the money had to be paid to him. I there fore told the cashier to hand it over to

"NO FRAUD.” As soon as the money was handed to

Yes.

SOLDIERS OF LI FUK- LUM. CHINESE CHARGED AT SESSIONS FOR POSSESSION OF ARMS."

Criminal Sessions yesterday, two Chinese, «

Before Mr. Justice Wood at the

stated to be soldiers of General Li Fuk Lum, were charged with unlawful, posses- sion of arms and amuninition at Tai Oʻ

Originally, there bail been six men arraigned, but the charge against four

Was that a discharge of your liabilities | was withdrawn. to the Company —Yes.

I

the handling was anything but a perfectly I need not suggest, Mr. Chau, that honest proceeding on your part?-Whas

do you mean?

There was no fraud in that i--No.

got acknowledgment from the taipan. Why did you not enter it in B-Well,

Why did you not enter it in C--The clerk did not know of the affair. He simply made a copy from one book to the other.

In view of these circumstances, Mr. H.

to a technical offence with regard to the Somerset Fitzroy entered a plea of guilty

two prisoners' remaining.

Mr. Fitzroy said that it was admittel that the men landed at Tai O with arms and that they had control of them. They were under the command of Leung Kam.. Mo, a lieutenant of General Li Fuk Lum, and on the application of some merchants they had been sont with a cargo of shit in order that the junk"should bare safe The honesty of the proceedings, and passage. They wished to go ashore at the discharge of your liabilities to the Tai O and on debating what they should Company were fully present to your do with the arms, which were the pro- Yes.

Replying to Counsel witness agreed that under Clause 31 of his agreement him, and the talpas gave him a receipt mind at the time of the transactionperty of General Li Fuk Lum's army,

he was called upon to keep the books for it. The cashier thought that in

Iment of accounts.

Mr. Zeitlyn: The clause is as follows: "The compradore shall at all times cause

in such a way as to disclose a true state-handing the money over to Mr. Atherley he had already disposed of it as if he were to have put it in the bank.

Then why was no entry made to show that the money was handed over to the taipan-I ask you to put that question to the cashier.

his accounts to be kept in such a manner that whenever called upon by the Com. pany to do so he would" immediately be able to disclose a trie statement of such account "7-Yes..

He further agreed that in pursuance of that clause he kept books which were exhibita A‚”. “ B‚”, “0” and “N." "A" was his own promissory note-book; "the Chinese account book: 0 the English version of it, and "N" the continuation of that translation."

COUNSEL'S IMPUTATION. books were untrue. Witness denied this. Mr. Zeitlyn put it to witness that his He suggested that there might have been a few mistakes," but it those cases the nccessary alterations were, inade.

His Lordship Assuming that this money had been paid to the taipan should not an entry have appeared in the hook-He gave a receipt.

SALE OF NEWSPAPERS. Counsel: Will you tell my Lord and the jury, how it is that on March 8th there is the following pencilled note "Collected from Sing We On 8720.30. paid to bank "The remarks refer to April 1st paid to taipan; another day money paid to the taipan for newspapers. sold.

...

His Lordship: Why should they refer Counsel: Your books are untrue; they to it -I am unable to give any explana did not disclose a true statement of action, and I would ask you to nak the man counts 1-No one demanded to examine who had charge of the book. my books, but they were kept and did

Is that the Cashier 1-Yes, my lord. disclose a true statement of accounts. Mr. Zeitlyn: Does that also apply to an' entry on March 24th for $144.04, which was paid to the taipan on April 1st and

Mr. Chan, why did you not tell my Lord they decided to take them, with them. and the jury what you told me yes They placed them in a rattan basket, but that unless Atherley would pay you the had no intention of doing other than take terday that it was present to your mind 1.0.U.'s they would be turned against them ashore and back again, the Company's cash account -Unless be Mr. Fitzroy pointed out that it was paid that money, to me, it would be put purely a technical infringement of the on the Company's debit.".

Witness again reiterated that the fact that Atherley had given him receipts was sufficient for his purposes and that he was discharging his duty to the Com- pany.

HIS DUTIES.

Mr. Zeitlyn: Was it not in pursuance of your agreement that you should, if your books, and that they should give a the Company ever aaked you to produce true statement of affairs -Yes.

Do you say that book B was kept in pursuance of this duty, and did you not

keeping of B was my business. say that the keeping of this book was not your business-I did say that the

41

And that it should disclose the state of affairs honestly 7-It should,

in this book By getting a receipt from Then surely all entries should be made Mr. Atherley I tischarged my liabilities.

You said yesterday. that what the cashier did. in this matter, was an your Einstructions?-1did say so.

ENTRY CROSSED OUT Mr. Zeitlyn then asked witness to go through the Chinese book in detail, and without referedce, to the book with the Then why were they crossed out The the 1.0.1's acknowledgments, and re- English translation to give the version cashier was preparing to pay it to theceipts into the Company against the Com as set out in Chinese. Entries for March bank, and then the tapan gave instrucn his response and Mfr: Zeitlyn said that pany's account. Witness again rambled 24th showed collections made from Suitions to the contrary. It was then cross Yick, Bluebird, Wing Oa Company, fed out.

stated that if Atherley did not repay, Counsel again told witness that he had on the same day to the bank-Yes, the (witness) had thought of turning all applies to all.

that

law, and he asked His Lordship to deal with the matter on those" lines. In these times, he said, it was very necessary that the Chinese were shown that justice was meted out in the Colony. Tai O was a very small place and the men were ignor- ant of the law. That was no excuse, but, at the same time it had to be borne in mind

The Crown Solicitor" remarked that Tai O, although a small place, was place where arms should not be. There had been one or two incidents there already, "and it was moet dangerous that arms should be allowed to be taken into

} the village.

month with hard labour, His Lordship remarked that it was on the facts placeil before the Court by Mr. Fitzroy that he had passed such a light sentence.

In sentencing the prisoners to one

THEFT FROM A EUROPEAN.

CHARGE AGAINST A LUKONG,

SAD ENDING TO A FILIPINO DINNER.

Before Mr. R. E. Lindsell at the Cen-

value of 8190.

it had no reference to his question, and and Ying Fat Lung. With regard Witness agreed that a similar entry

again repeated it. Witness, eventually to the Sui Yick item, it stated with reference to a collection from Ying said that he could not give a direct reply,

suny of $307.44 was received Fat Lung on March 31st, paid over to the but that he would have to make an extral Magistracy yesterday, a Chinese on March 24th, and that it was paid into faipan on April 1st, and catered in the Planation. Later, replying to bis Lord. lukong, attached to No. 2. Police Station, the bank on April 7th. The Bluebird bank the same day, was crossed out for ship he said that matters had been left was charged with the theft of a gold collection of 8768.81 was paid into the the same reason. Replying to further in suspense. He considered that in doing watch and chain, $40 in bank notes, an bank on April 1st. Another entry was questions regarding the sale of news-

so, he had not fully discharged his overcoat and some private papers, to the crossed out. This item was for $144.04 papers, witness said that it was the first

duties. received from Ying. Fat Lung for news payment rande in this respect which was.

A MISTAKE.

An application was made by Detective papers. There was a note to this effect banded over to Atherley. That was on

Sergeant O'Donovan for a remand, the Mr. Zeitlyn asked witness what ex-officer stating that he wished to make On April 1st paid to ipang another March 24th. He had express instruc-planation he had to offer for the entry further enquiries. day paid into bank.??

tions from him not, to pay the money in the book that collections on March received for the sale of newspapers into 25th amounted to 81,112.82, whereas when the bank. He agreed that the cashier he himself had added up the figures in of the sale. was bound to make the entry in respect Court, they only came to 8090.82. Wit dess replied that he could not account for that misleading information, but it might have been a mistake.

Counsel: You also stated that this $1,113 was handed by you to Atherley

bave already explained that this writ ing was done by the clerk. *-

I put it to you with deliberation that these mistakes are trands? They are not

On March 25th there were items collect cd from several other firms. Some of the items were stated to have been, Faid into the bank, beside others there was the English chop mark, giving different, His Lordship: gather that the items

days from that when the monies were said to have been received. In a few places there were pencilled remarks:

After being questioned several times with regard to the pencilled remarks and other writing in the account, to which he previously gave indefinite replies witness eventually replying to His Lord ship said that none of the entries in the book were made by him personally.

Mr. Zeitlyn: Why were items crossed out? Those were monies paid to the tafpan and not to the bank.

THE ENGLISH TRANSLATION

were crossed out according to instruc- tions?..

Witness in reply said that they were crossed out because they referred to newspapers, and he had instructions not to send the money to the bank.

Mr Zeitlyn: Did you hand the monies received for the newspapers to the tapan I did not.

Can you explain why it is stated that payment of this entry was made to the bank on March 25th, and why all entries on that date appear as being paid to the bank, and that the Chartered Bank -When the collections were made that Mr. Zeitlyn then asked that the Eng-day, the money was paid to the taipan, lish translation of the foregoing items and when we had a receipt from him," should be read out. The total for March we entered it is as having been paid to 24th was stated to be $1,641 paid into the bank.

the Asic Bank, and that of March 25th His Lordship: You took at that it had as 81,11282.

been paid to the bank-Yes,

As a matter of fact these monies were not paid to the bank on the day men tioned in the book No.

His Worship decided to hear the pre liminary evidence first.

Mr. William Allen, of No. 4, Moreton Terrace, Causeway Bay, said that be attended a Filipino dinner at the Nan Tong Restaurant, China Building, which he left about 12-35 a.m. Taking a tram- car in the direction of Causeway Bay, he alighted from it near the Bowrington Canal Bridge: While waiting for a rick- sha, he laid his overcoat on the parapet for a few minutes. When the ricksha arrived, he found his coat was missing. and on searching his pockets he discover If you produced, these books to the ed that his watch and chain and $10. Company, would they not be deceived which was in his trousers pocket, were Mistakes are often made."

His Lordship pointed out that witness had explained that they were mistakes, and that his additions were wrong.

also gone. He immediately reported the loss to the police and went home. Tho next morning be made the further dis covery that a sum of 817 in new one dollar notes, together with his trans ticket and private papers, which he car ried in two envelopes in his inside cont pocket, were also missing.

BOOKS NOT CLOSED, Further interrogated by Counsel, wit notice to terminate his agreement with ness said that he had three months'

Detective Sergeant Donovan, anid Getz Bros. in August, 1995. He admitted that he saw the defendant on duty at that the books had not been made up.. the police station and took him to No. Counsel: Is it possible that they have 238, Queen's Road East, second floor. been made up to fit the case which you There defendant admitted he occupied a would like the jury to believe No, I cubicle in the building and when a search How do you account for that 1-Pay could not close the account because the of the place was made, the coat was I want you please to add them up. ment to the taipan was considered as books were taken to Court,

found hanging on a wall, and, in a basket Witness added up the Sgures and said payment to the bank.

Asked as to when the clerk who had under a bed the watch and chain, seven- that came to $990.

Mr. Zeitlyn And that was the Charwritten up the books, resigned, witness teen one-dollar notes and a five-dollar, Now refer to the opposite page: whattered Bank -Yes, the clerk who looked said he left in January, 1525. He could note were found. does it state-It states that $1,119.89 after the book thought that the money took charge of the books himself. When remand for one week, which His Worship not get another clerk, so he (witness) Sergeant O'Donovan then applied for a

Counsel: It states that the collec- tion for March 25th was $1,112.82. Please add these 6gures up, Mr. Chau. They were not written by me.

was paid into the Chartered Bank had been paid to the bank..

On being again aaked to refer to the English translation, witness agreed that it stated that $373.50 was paid into the Chartered Bank" on March 28th and $1,307.03 on March 28th."

witness box.

agreed to."

Exhibit"C" in a translation of it was pointed out to him that there were "B"Yes.

no entries after May, he said that he Then why do they vary-Witness-gave had little leisure and he could not always a rambling answer, in which he stated see to them. Further questioned, be

TRAM COLLISION SEQUEL. that his clerk did not know what had stated that after the clerk left, another Counsel: How is it that the English happened, and in adjourning for the man took his place for a time. He die EX DRIVER FINED AT MAGISTRACY, version gives different dates from that tibn hour His Lordship remarked that he agreed Anted to explain un entry Mating where was a sequel to a collision of of the Chinese-I not know.

would like to the clerk had been an a The entries are found by reference to left to his imagination to make up the that 8373.50 was paid into the Chartered December 11th at the junction of Pedder the numbers of the drafts upon the pro- books,

Bank, on March 26th witness said he had Street and Des Voeux Road between i missory notes f-Yes; but I do not know

forgotten the item. Neither did he re- tram-car and a motor-car belonging to the THE AFTERNOON HEARING, whether they agree with the draft. I

member a similar item on March 28th. Peruvian Consul, at the Central Magis refer you to the promissory note book.

The compradore again went into the He said that an item in book B. stating tracy yesterday when the Chinese ram Counsel suggested that the date of

that compradore's commission had not car driver (who has since been dismissed) On being asked by Mr. Zeitlyn whether been paid and references to other fees, was summoned under the Tramway Ordi 27th March in the book referring to a he had found any explanation why one had not been written by him. He far-nance of 1902 for failing to stop when collected item was a corrected figure. Witness said that he did not know. After book stated that money was paid to the ther stated that what he meant By the signalled to by a trafic policeman. being asked carefully to examine the bank on March 25th and the other that translating book B was that he entered Evidence given by Inspector Alexander, figure he said that it appeared as if it it was on April 21st, witness reiterated the names of customers in another book showed that the defendant stopped the had been corrected.

that the taipon had instructed him to Counsel closely questioned witness with car at the junction of Pedder Street and. hand over the collections, and he had to regard to an entry of March 28th, which Des Voeux Road Central for passengers obey him. He informed the cashier of the he held had been changed to March 29th to alight. The police constable on traffe gan's instructions, and told him to Witness said that to alteration had been duty at this point, noticing a motor-car make out a list of monies, collected just made. Asked whether Atherley had travelling down Pedder Street, signalled as was done when they paid into the given him a cheque for $10% on March the tram-car to remain stationary Be bank The taipan acknowledged the 20th, witness said that he could not re-fore he removed the signal, the drivers Mr. Zeitlyn Take the date March amount by giving a signed receipt. We collect it. He denied that he had altered re-started the car and collided with the 24th in each book. Do they state that never thought then that there would be the data on the slip, nor had he instructed motor car, which received slight damage of East Asia Is it not true that st selves," added witness," because as a remarks written in the book he again

ad into the Bank ween the and our anyone to that time the Company was not dealing rule when money is headed to a taipan reiterated that he had not written them. with this bank 1-Perhaps it was in Hongkong, the matter is finished ss. clerical error.

At this stage the hearing was adjourn far as the employees are concerned." ed until today.

Counsel enumerated other items and asked when, according to the book, the monies were paid into the bank wit ness said that it stated 28th March

THE WRONG BANK

the

The defendant said he tried to stop. tram-car, but it would not stop dead - Defendant was fined $10, with the alternative of fourteen days' hard labour.

*