1926-01-09 — Page 5

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THE ATHERLEY TRIAL.

CASHIER GIVES SPECIMENS OF HIS HANDWRITING.

ADMITS INITIALS ON SOME DOCU- MENTS ARE NOT HIS.

The ease in which James Edward Atherley, former manager in Hongkong of Meshes Gatz Brothers (of the Orient), Ltd, is charged with fraudulent conver sinns of four sams totaling $3,575 was continued yesterday at

the Criminal Sessions.

THE HONGKONG DAILY PRESS, SATURDAY, JANUARY 9TH, 1926

A BOOK-KEEPER WHO BORROWED. Do you remember a book-keeper of the name of Joseph in the employ of the firm 1-Yes

He left about February, 1923-I forget.

Do you remember that a gentleman of the name of Humphreys was also book. keeper there t—Yes,

THE AFTERNOON SESSION. When the case wus resumed after tiffin, F. Zeitlyn 'questioned witness with re- gard to the collections for newspapers. Witnesa said that there were seventeen items, and the total collections were $5,081.03.

Counsel (referring to the slips); Look

CORRESPONDENCE,

www.

THE HOTEL FIRE.

(TO THE EDITOR OF THE "HONGKONG DAILY PREAS."']

SIE,-You were good enough to insert a letter from me last week on the süb

tn.

at the name J. E. Atherley. It is. inject of the shortage of water at the Hotel Do you remember if the Compradore your handwriting-No; it is the hand. r, and the consequences attached there Department inde advances to him writing of Young Lau, my foki in the

Compradore Department. Yes..

Look at the signature March 24th

Whose money was it that was advanced'

Wong, the guarantor.

Do you remember if he left without paying the money -Yes: I remember that.

And do you remember the Company paying that back as a special favour I never heard that the money was 'in any way paid 'back.

that of Yeung Lan.

Questioned as to a bank-paying-in slip for 8447.66 in two items, witness said that it was by cheque.

Was not one of the items, that of $144.04 received for newspapers-I forget.

You told us that Yeung Fat Leung Paid $144.01 on March 27th-We have

that entry...

It appears entered in "Mr. Atharley's paying-in book in the handwriting of your

put it to you the sum was not for newspapers-I do not know.

Mr. Jonkin, Connach for the prosecuto Mr. Humphreys -It belonged to Mr.Whose is it!-It is same handwriting tion, retuned has examination of Mr. Cheung Ho Chi, the cashier.

Witness said that an item paid by the Wing On Co. was paid into the bank on April 2nd. Referring to the bank's pay- ing in book, witness indicated that there appeared against this item a cheque for $2,190,40 which was given by the Man ager. It was his private cheque." Re- ferring to another list of payments he said that with the exception of one of *102 all the items were shown on the counterfoil as having been paid in the same day. They were covered by the same private cheque. Another document was then referred to, in which there were three items totulling 873.50. This was paid into the bank or April 24th, 1996. Being shown the office deposit slip and the counterfall, of the paying-in bock, witness said that the dates and figures tallied with those entered in the docu-Joseph left, and Mr. Humphreys also left, Counsel: From the period when Mr.

did Mr. Atherley himself take charge of all the retiring drafts-I did not take notice of what was going on in the oice and I do not know whether that

was so.

.ment.

Counsel asked his Lordship to add the three items included in this sum on the counterfoil of the paying-in book and to compare it with the paying-in slip.

Replying again to Counsel, witness said

Mr.

Do you remember a gentleman of the name of day, who was president of Getz Bros. - knew him, but I did not know, that he was the president.

Questioned as to a circular letter which Counsel stated had been "received frem

Mr. Jenkin asked for a copy. the Head Office in October, 1925, setting Zeitlyn replied that it must be under out all the offices of the Company-stood that he was contesting the case circular for distribution amongst the under great difficulty. He had no copies 5:m's customers,-witness said that he

of the document, which he had, following fia application on Thursday, received from! had never seen the circular.

the bank; but Mr. Jenkin could see it.

Replying to further questions put by. Mr. Zeitlyn witness said that 8447.59,

the manager on March 28th. including $303.64 in eash and a cheque fer $144.04 for newspapers had been given to

Counsel:

WHEN THE BOOK-KEEPERS LEFT.

Witness agreed that Joseph left in

|

amount, $144.94 was not received for I put it to you that the newspapers on March 27th 1-If you say so it must be so.

The document was filled up in the Com- pradore Department-Yes.

There is another matter in connection with the same catastrophe which I am

much surprised to notice has never been referred to in public, but which, anyhow

purtance than an adequate supply of in my estimation, is of even greater im-

water.

· That is the question of Fire Alarms, As I mentioned in my last letter, even though the fire took place in the day time, several peoplo escaped by pure good jose only. Had the fire occurred during the night the consequences would have been too ghastly to contemplate.

'Now what was it that woke the resi dents of the Hotel in time to allow them Barely to escape with their lives. Solely the accidental fact that there were people about who saw at once the smoke near the lift, and smelt the burning. This naturally caused excitement and noise, which apprised other people that sonic.. thing was wrong.

In fact pure jess again.

In the hurry there was no time, and if there had been time there was no method by which anyone, and everyone could be

instantaneously warned of their danger. buildings ip Hongkong is a fire alarm in What is ungently required in all the big

the forth of a Klaxon, gong, or some

$144.01 was received from Yeung Ent strument which can be set off by press Witness explained that on March 27th other unmistakable noise producing in-

the counterfoil corresponded. The items

Chan. He put the arst amount in the which included those three were met by

a month after his appointment. But be safe, and when the second was paid he in the building, and which will ring on a cheque paid the same day, April 25thin reiterated that he did not know substituted the cash for a cheque and every foor, and keep on ringing until it The cheque was for $1,273.44, and he be "ether Atherier had taken charge of the paid it into the bank. On being handed is stopped by someone when the danger lieved that it was Atherley's private into 1024. He agreed that the exchange receipts were in that form.

retiring drafts from February right or Atherley witness "said that all the a receipt which purported to be signed

cheque

contract was handed to Mr. Atherley, and he further stated that Atherley had struck out the details on the deposit slips. He never took any notice how the

that the items on the paying-in slip and February, 1623, and Humphreys in March, Leung, and $303.64 from Ching Chauing a button placed at frequent, intervals

THE COMPANY'S CHOP.

J

:

is over,

There is an apparatus fitted in ships which, when the temperature rises to a

alarm on the bridge. certain pre-determined point, sets of an

OFFICE PROCEDURE. Replying to questions pertaining to the process involved in the passing of monies between Atherley and the Compradore work was done after the book-keepers Cheung, I want 85,000 of these bills paid whoever they are, have not adapted such

Counsel: Do you remember that the system of book-keeping was changed. sometime in 19247--I de not,

was never a chop on any receipt which Counsel I put it to you that there he gave you Yes, ou every receipt.

Did Mr. Atherley ever say: Mr. pay the balance into my account-That has never been said or done.

Mr. Athorley gave you a receipt for two sums paid into the bank, and you

Department, witness said a list of cus- tomers' names, together with monies had left. received was made on a deposit slip, and was then handed to the taipan. In April, monies which the jaipon did not retain were crossed out. Two fresh slips were then drawn from the original-one You do not remember that several for monies paid into the Company's a small volumes were received from the count in the bank, and the other for items kept by Atherley, The slip re-Head Office, setting cut instructions as to ferring to the monies paid into the bank how the accounts were to be made up-pradore ever gave him instructions to pay was also kept by the Manager. This I know nothing about them. system was followed for about three months, from March until sometime in June.

THE CROSS-EXAMINATION. At the outset of his cross-examination Mr. Zeitiyn asked witness if he would like to speak English. Witness said that he did not understand much English.

:

Who is the present book-keeper-Mr. Wong Kam Cheung.

HANDWRITING SPECIMENS. Counsel: Do you know Mr. Atherley's paying-in book?-Yes, I have seen it..

Who kept it -It was kept by the man- ager himself.

It is hard to believe that the makers,

an apparatus to shore buildings. 0% course an automatic apparatus, provided it is regularly inspeeted by the firus-who instal it, as lifts nre-or should be is the | handed over to him O.K.'d bills i—Noi

His Lordship remarked that the ques better form of alarm, but failing that tions were very vague.

there should at least be something in the Replying to further questions put by Counsel, witness denied that the com

way I outlined at the beginning, put into all buildings which contain people at money into Mr. Atherley's account. Nei night-time divided among many floors, ther had he heard it suggested, that.

ifennwhile, is there any reason to sup money was being paid from the Compose that if a fire broke out to-morrow pradore Department into the taipan's under the same conditions as the last one, private account,

results would be any different Yours, etc.,

Counsel. Look at this document.which you said was in the handwriting of your Joki, recording a payment made into Atherley's pccount -~The taipan handed the money to my joki and told him to enter it in his private account.

Am I to understand that in every.case

ever made.

Mr. Jenkin corroborated this and the examination was continued in Chinese.

Mr. Zeitlyn asked permission of Hia money paid into Atherley's account was Witness agreed that all the collections made by the Compradore Department Lordship for the witness to give speci-to be handed to you or your fukit-Yes. were changed into Hongkong currency-mens of his handwriting. Witness was I put it to you that Atherley arranged dollars and cents.

Mr. Zeitlyn: You are the nominee for then asked to write J.E.A.; several with the compradore for the payment Mr. Wong -Yes.

figures read out by Mr. Zeitlyn and also of a certain sum of money -1 do not And you were appointed to Getz Bros. the full signature, James Edward Ather. know whether any such arrangement was through Mr. Wong, who is one of the ley. When witness had done this Counsel That arrangemont was made and you compradore's guarantore-Yes.

asked him to write them again in &

got instructions to pay O.K. bills to him Replying to further questions, witnessmaller hand. Counsel and Atherley in exchange for a simple receipt? said that he had been with the Company then compared notes.

His Lordship remarked that witness for about three years, having joined the

had said that he knew of no such firm at the same time as Mr. Chau, the compradore. He ceased duties as cashier

rangement. in March, 1925, the reason being that the compradore had been taken ill, and he (witness) was asked to assist.

Counse!: Who made out the deposit slips after March, 1995 Mr. Chau, the compradore,

The man who took over the duties of cashier was not so well acquainted with the routine as you were 1-No; but he was not an outsiile man. He had been a member of the Compradore Staff for four or, fye months prior to his appointment.

ADVANCES ON SALARY.

Did you ever borrow any money from the compradore I sometimes had an advance on my salary.

Were the advances you had for months abead 1-I sometimes borrowed one or two months ahead.

You never happened to borrow for a year ahead -No, never.

On being handed an account book (Exhibit B) witness said that he had never touched the book.

Counsel: Do you know who kept that book Formerly it was kept by à clerk of the Compradore Staff.

Did you make entries into the books of the Compradore Department Yes; I made entries in the Compradore's Chi- nese account book.

Witness further stated that all the entries in this book were made by himself personally. Another book in which he also made entries' was, the disbursement book of the Compradore Staff.

Counsel: What class of entries were made in this book-It was used enter up the compradore's commission, and the ex- penses and wages of the Staff.

..

A JURORS STÄTEMENT. .... One of the jurors, a Chinese, then rose and said that the answer to Counsel's question regarding the manager's paying in book had not been properly inter- preted. He said that witness bad used the words "given back to the manager."' The interpreter said that witness's words were "kept by the manager.

His Lordship asked the interpreter te give the words in Chinese. The juror also repeated the words he had heard, and they differed.

Mr. Zeitlyn then gave more figures to witdess to write out. Counsel then said that he would come to the signatures and figures later."

+

COULD NOT REMEMBER. Questioned with regard to a sum of 81,949.00 paid on April 2nd, witness said that he had forgotten the date. Had such an amount been received he held that it would have been entered in his book. On examining his book he said that he could not trace the amount. He could not recollect that that amount had been handed to him by the manager,

Counsel: I put it to you that the cheque was in respect of 1.0.U.'s and O.K.'d billa -It may be sold

ONLOOKER.

THE CANTON POST OFFICE.

NO PAYMENTS IN HONGKONG.

CURRENCY.

[FROM OUR CHINEJ2. CORRESPONDENT.]

Funds which are remitted through the Hongkong Post Office to the. Canton Chinese Post Office "cannot now be paid in Hongkong currency at Canton, as formerly.

The Canton Chinese Post Oce has been instructed to, transact business only in the currency of the ar-Kuomintang Central Bank, which is issu- ing-many million dollars' worth of paper

neney for circulation.

the amounts for which totalled $4,335.13 Questioned as to a number of items, witness said that his books showed that agencies have been instructed to accept All Government revenne collecting

cheque for 81,978.96 paid in on April 4th sums above a dollar. The Central Bank amount. Another item which showed a Central Bank paper money only on all was Atherley's private cheque. Counsel is shortly to open branches at Shiuhing, pointed out that the amount was in ex- Wuchow, Sheklung," Walchow, Swatow, fcers of the amount in the draft. Witness Kongmoon, Laichow, Shinkwan, and other

said that he did not know. Referred by cities. Counsel to an item of 863.50, divided into two sums, received from Nakao, witness zaid he could not recollect the item.

Mr. Zoitlyn said that it was one of the specific charges and be must make a point of "it.

"A FAKED, DOCUMENT." Questioned concerning the Company's chops, witness said there were two; one in the possession of the manager, and the other was with the manager's clerk." The Compradore Department did not possess

000,

*

YESTERDAY'S FIRES." "WING LOK STREET BLAZE

DOES MUCH DAMAGE."

:BOY SCOUTS TURN "OUT.

yesterday evening, when the building on A fire broke out in Wing Lak Street the ground floor of which the Lai Kee shop is situated was affected.

The Central Fire Station was called as Witness was handed another document 7.44 p.m. and two appliances were sent stated to have been signed by Athority out. The engines of Wanchai and Ken- He agreed that he had compiled thenedy Town followed. document, but he could-not remember whether he had made a duplicate.

On the arrival of the brigades, the "second floor upwards as well alight.. Counsel: The word, received," was The fire was extinguished within twenty put there after it find bien signed by minutes, and the firemen were ably as On being referred to April 10th wit AtherleyIt was not. nees said that he had collections for that

sisted by a troop of boy scouts under the Counsel produced a document and ask Rev. Mr. Waldegrave. date in his book-collections he had reed witness whether it was the duplicate. ceived from Mr. Atherley. The total Witness said it appeared so. amount was for $1,949.09, and it was deposited on the instructions of the man- ager. The book did not show where the collections came from; but the amount was handed over by Atherley, and, it was put in the bank on April 17th...

The contents of the upper rooms which were apparently coplica quarters were The word received," was not there destroyed, and the roof was also burnt when Atherley signed it1-At the time it out, and the staircase damage. Tho contents of the shop on the ground floor. Why does it not-figure in the dupli-were saved. eate then 7-The word was on the original

The fire is believed to have broken out when the taipan signed it..

on the second floor.

was there.

Counsel: How did the manager pay This document has been faked by back advances made to him? Was it by putting the word "received" there after Was there any book in which loans to cheque or cash --Customers sometimes Atherley had signed it-It was there anybody made by the compradore were paid by cheque, sometimes by cash, and before he signed it. entered 7-There was no such book. the monies handed to me by Atherley.It was faked by putting the stamp on Entries for these were never made; ac were sometimes by cheque and sometimes it after Atherley had signed it-It was knowledgments were received for money by cash.

not falsified borrowed.

Were post-dated cheques ever cashed? We never made advances on post-dated cbequca.

I put it to you that the manager never gave you this $1,049.09.-He did; the first item was in notes and two other items in cash.

His Lordship repeated the question to witness, and he gave the same reply.

At this stage the hearing was adjourn, ed until Monday,

ELECTRIC CABLE BLAZE. Whilst, the brigades were engaged at the Wing Lok Street fire, a report was received that there was an outbreak et the substation of the Hongkong Electric Co. in Sutherland Street. The fire was caused by the fusing of a twelve foot electric cable, but it was extinguished by an employee of the Company before the arrival of the firemer.

BENGER'S FOOD.

DELICIOUS AND

HIGHLY NUTRITIVE

ALIMENT FOR

INFANTS & INVALIDS.

SPECIALLY REDUCED

Large Size

Small Size

PRICE:

per tin $2.10

1.20

LANE, CRAWFORD, LTD.

+)

Drug & Perfumery Dept.

VALUABLE COUPONS

WILL BE GIVEN AWAY

BY

WING ON CO., LTD.

DURING THE

SALE

From

Jan. 9th to Jan.

28th.

RDS

COLUMBIA NEW-PROCESS RECORDS

BY

VIVIAN FOSTER (THE VICAR OF MILTH).

I.

1

2567 THE PARSON AT THE SEWING PARTY. 3505-THE PARSON AND THE COLLECTION, 3693-THE PARSON ON MARRIAGE, 32:8-THE PARSON ADDRESSES HIS FLOCK..

AT

ANDERSON'S.

(23

WW POWELL, LTD.

WM

WINTER SALE

NOW PROCEEDING.

GENUINE

REDUCTIONS

IN ALL DEPTS.