1926-01-13 — Page 2

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A

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THE ATHERLEY TRIAL RETRACTION - OF ALLEGATION OF FRAUD.

ALL-DAY CROSS-EXAMINATION

MR. JENKIN.

The case in which James Edward Atherley, former manager in Hongkong of Messrs. Getz Brothers (of the Orient), Ltd., is charged with fraudulent conver sions of four sums totailing $3,273 was continued yesterday at the Criminal Scasions.

REQUEST BY ACCUSED,”

At the outset of the morning's hearing accused asked permission to be allowed to remark on certain statements he had made on Monday. ***

Asked by Mr. Jenkin as to whether he expected to and it in that shook, necused said he was no book-keeper, and he could not say because he had no chance of going through the books. He held that it should have been enterod because is was part payment against a draft "Mr. Jenkin! And because it is not, you consider it part and parcel of an attempt to involve you -Perhapa.

Your account was in fact debited with $10 on March 20th -Yes

30.

And you say it was altered-That is

"

NEVER SAW COMPANY'S PASS FOOK, Mr. Jenkin: I ara now producing the Company's pass book, which as yet has not been shown. Do you admit that this is the Company's pass book I have never seen it before.

You are the only person in Hongkong who could use it and you say you have never seen it --It was kept by the bank: it was never in the office.

Let us assume that it is so. Look at Do you see that $1.137.18 was paid in that day, and the amount includes a cheque for $102) 28 shown on the paying in slip ?--Yau.

His Lordship refused permission, 2 March 29th, 1994. said that Mr. Zeitlyn, accused's Counsel,

could do that.

Mr. Jenkin continued his cross-examine tion of accused. Counsel said hewable question him only on cheques which ar. Zeitlyn bad stated had been repaid to the compradore in respect of 1.0.U.'s

Mr. Jenkin Take your cheque of May 13th for $818.72. It also entered in the Company's banking account, is it not? Yes, there was a cheque of that amount according to the cash book, but there are entries in it which are inaccurate, and there are also corrected entries. That is what I wished to explain.

His Lordship: Were the books not under your control?-I did not see them, and yesterday I took Mr. Jeakin's explanations

alamise

As a business man have you, any doubt but that that sum of 81.157.19 was paid March 29th 7-Now that I have seen the into the Company's banking account en

pass book, I have no doubt.

Then the alteration, was the correct one-It seems so.

AN ALLEGATION WITHDRAWN..

Then exhibit H. has not been forged ?- No, but my previous replies were with regard to the other bocks which had been

shown to me.

Then will you withdraw your allegation that it was forged, and that it was done to involve you-Yes; but I will say that the hooks under my control were not audited properly to give me.a true state of affairs with relation to this part of the transaction, and I have been giving evidence from exhibits presented to me, which I believed were in order.

His Lordship You stated that the books had been forged. Do you now with- draw that 1-I do, but the books I had showed it.

Mr. Jenkin: You could yourself beve

Mr. Jenkin: I put the cash book to you I did not read out figures to you. You Have me totals of items, and I find or rections have been made in the Comasked for the pass book before making that allegation; don't be childish, Mr. pany's cash book.

Arheries

His Lordship: With regard to any amounts put before you yesterday, you can be re-examined by your Counsel

Mr. Jenkin Contine yourself to a cheque for $3,006.-13. We shall see if there is anything in this allegation Is there anything wrong with that There is nothing wrong with that, but I want. to see the Company's paying-in book.

Take the cheque for 88,197; that was the only cheque drawn by you on the day given According to a statement in the books it is 20.

Have you any doubt but that this cheque was your own 1-I have no doubt Take your next cheque, for 8354 1 May 28th. Does not the Company's pay, ing-in book show an identical cheque la They are the same

I

had o, opportunity to see the books.

Mr. Zeitlyn: He has heen in prison and

Questioned again as to the cheque for $102, reveived from Po Wo, and asked whether he suggested that the cheque which went into the Company's account was any other than bis own, accused said he did not believe it was collected from

Po Wo.

Mr. Jenkia: Do you say that you had no idea that that cheque was not going that all cheques I gave to the compradore into the Company's account 1-I did say were cashed through the Company's

Account.

That is the first time you suggested that you knew where your cheques were going I have been trying to tell you all along

HIS LORDSHIP'S DILEMMA

Had you any doubt on that day that is the est time you have stated His Lordship: This is news to me. your cheque went into the Company's that you assumed at the time that the account I had no idea where my chequecheques you paid were being cashed was going

His Lordship: You thought it was for L.O.C.'s and O.K'd bills?—Yes.

Mr. Jenkin: On the same day a cheque for 38,785 was also your cheque I have

no doubt at all.

And you also swear, Atherley, that you did not know it was going into the Com- pany's account -That is sc.

. '។

direct question had been put to me. The through the Company's account-No previous questions were concerning the. allocation of specife accounts.

$5,000,

Mr. Jenkin You knew that at the time that it was in fact going into the Com you gave each cheque to the compradare,

pany's account?- will answer “yes.” Accused agreed that on two occasions

You gave him cheques in April to the the same day he had told the compradore tune of $14,700 odd dollars, and in May that he would "pay off two promissory notes and two O.K. bills, and had debited cheques to him. He did not know that previously, but his Counsel had inquired at the bank that morning. They were cash, cheques and he disagreed that it was a presumption on his part that they were drawn that day.

Counsel: On June 6th there cheque for $1.75 The Company's pay- ing-in slip shows a like amount Have you any doubt but that was your cheque

I believe it was my cheque,

His Lordship: And it went into the Company's aunt 7-Yes, according id this exhihit, but I had no idea where the cheque went."

It is also shown on March 29th that. $102 is being paid into the Company's account in respect of the Po Wo raisins' account -Yes, that is go, but I should like to explain. May I have the certified translation of the Chinese rash hook, the Company's bills payable book and the deposit slips for Match 28th and 30th, and exhibit C. Y. K.2.

Mr. Jenkin I am afraid you will and yourself overloaded up there.

ין

Accused disagreed that the amounts of the cheques in May totalled over 85,000. He was allowed to aggregate the amounts, and after doing so, he agreed that it was

And you knew that that amount, ap- proximately $20,000, was going into the "Company's account-Yes.

You have noticed have you not, very striking connections or intimacy between the amounts of your cheques and the afmounts in the Company's records—I can explain it.

Yesterday you told us that they were coincidences --Yos; but I want to make an explanation..

His Lordship: We have had so many explanations this morning, and it becomes more and more involved.

Accused There is a cheque for $1,940 on April 22nd, and I have not suggested that one went into the Company's account.

His Lordship I am not a commercial án and have no knowledge of book- keeping, but you say that you knew that the cheques you gave the compradore were going into the Company's account, If your cheques related to matters solely which between you and the compradore, and had nothing to do with the Company.

..

A WRONG GÜLLECTION, Accused: I will refer to shows a collection for 10 chests of grapes

102 Exhibit B. shows collection why should you assume that the money made by compradore on March 25th as went into the Company's account? You $100.01. Therefore exbibit C.K. Y. does said they were not in respect of the Com- not contain correct, information of the pany's monies, ut in respect of loans total which should be reduced by $1.36. made to you by the compradore. Why This exhibit is not a true representation should you not assume if that were so of the collections made. It should also that the monies were from his own poe- be noted that the last two items, origin kett Why should you assume that the ally dated March 28th were corrected to cheques in return were to psas through March 9th. The counterfoil of the pay the Company's account He advanced ing-in book has also been corrected from me the money. March geth to the 29th. In the Com- pany's bills payable book the date is March 28th this has not been correct to the 20th.

The transactions were between you and the conipradore, and you said it was merely a private matter. You refused to diaenus it with Mr. Kelly.

Mr. Jenkin: Do you suggest that these Accused said that the monien came records were altered in the manner you from margins in the compradores possea have indicated in order to inolta von sinn.

in any shape or form1helieve bom-Mr. Zeitlyni rose and said that the com referring to these exhibits that suetunos pradore treated the Company's monies

the case

Do you suggest that it was really ddac --It seems so

the And why was it done -This os sibly done after my arrest.

Why, to show what-To show that. I of my knowledge received and receipted for Company's moшes. fe stranden 4

Accused gave a long explanation, which he iterated his former statement with regard to the Po Wo account, and held that the auditors failed properly to check the entry Examining the bills pay able book he said he could not find the entry.

bis own. The defence were not con coined as to whether it was the Com pany's money; the ease for the defence was that the compradore treated it as -his own...

His Lordship I confess I am puzzled. Perhaps the fury will underetand better than I do. Pak VER

Mr. Jonkin put it to the accused that the obvious explanation was that his personal cheques were refunds of Cam pany's monies which had been previously misappropriated by him. Accused denied ite

(Continued on page 3.)

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