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HONGKONG.
THE WING ON CASE
STORY OF DESTRUCTION OF DEPOSIT BOOKS," COUNTRY YOKELP” TO GIVE
EVIDENCE
Counsel, continuing, said that it "was decided that a Chinese clerk, who was formerly in the employ of a solicitar should be approached and asked to take charge of the action. Power of attorney was thereupon given to the clerk, Chan The trial of Au Kim Lui and Lama He was to receive 15 per cent. of Fek Chiu on a charge of an attempt to the money when it was received, from! defrand the Wing On Company of the Wing On Bank.. Chan, however, fell $80,000 plus interest of 1863 was continued out with them, and prisoners were event- Yesterday before the Chief Justice (Sir ually arrested. Henry Gollan). The first prisoner is also charged on two rounts of forgery.
Mr. F. C Jenkin, with Mr. H. G. Sheldon, was for the prosecution. Mr. Elsley Zeitlyn represented the first prisoner, and Mr. C. G, Alabaster was for the second.
COMMISSIONED TO HAVE CHOPS MADE.:
Mr. Jenkin continued his outline of the case for the prosecution. He stressed the fact that for the fraudulent conver sion of one of the books, a label with the assistant cashier's signature was accessary. The label was made, and they were able to forge the signature of the cashier, since they had an envelope in which the book was usually kept, with the cashier's signature on it.
After Mr. Jenkin had closed the out- lining of the case for the prosecution,
Sub-Inspector Fallon gave evidence of having arrested the first prisoner Au Kim Lui. He was arrested on A tram, on being pointed out by another Chinese.
'POÓKB DESTROYED.
A clerk in the Wing On Accounting Department, who gave evidence for the prosecution, was questioned by both Mr. Zeitlyn and Mr. Alabaster with regard | to the destruction of a number of deposit books on the Wing On premises. He said that between 8,000 and 7,000 had been destroyed on instruction from the tren surer of the Company. About 900 of these books had been retained.
A TOTAL DENIAL
An interpreter at the Central Police Station stated that in answer to the charge, the first prisoner said he had not done such a thing as attempt to defraud the Wing On Company. The 'Company were, indebted to him in the sum of $50,000, and he had entrusted his solici tors to recover the amount.
Dealing with the case against the second prisoner, he said that he would bring a witness who was formerly in his employ. This boy" had been given a few dollars by the accused who commis sioned him to have the chops made by one of the many chop-makers who were to be found in the town. This witness In answer to the charge the second was a country yokel," but he was able! to read and would tell the Court what were the exact characters on the dummy chops. He would also give evidence to the effect that the chops were eventually broken up, and handed to him by his master to burn in the chatty in the
kitchen.
INABILITY TO IDENTIFY.
Mr. Jenkin, continuing, said that they were unable to identify the person who in fact made the withdrawals at the Wing On Bank on May 3rd and 4th. His case, however, was that although they could
Prisoner had said that he had nothing to say at the moment.
ASSISTANT CASHIER'S' EVIDENCE. The assistant cashier in the Wing On Bank in 1923 was the next witness for the prosecution. He identified a number of deposit books banded to him as being similar, to those used in the Wing. On Bank in April, 1923. That type of book had been used since December 30th, 1992, and they ceased to use it in June 16th, 1023, when another type was instituted.
Mr. Jenkin pointed out that this was
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Prices ranging from $1 to $2. MAGASIN
POSSESSION OF ARMS. CASES AT THE MAGISTRACY. At the Central Magistracy yesterday, before Mr. R. E. Lindsell, the case which is a sequel to the sensational seizure made in the harbour recently of six Mauser pistols, 15 magazines, 330 am- munition clips, and 4.080 rounds of Mauser ammunition,.. again "came up,
In this case, two cargo coolies are charged with possession of the above weapons and ammonition.. Yesterday
GENERAL.
(101
HONGKONG PUBLIC WORKS.
PROGRESS REPORTS..
The following quarterly progress re- ports by the Director of Public Works were laid on the table of the Legislative Council yesterday:
NEW SAITINGPUN SCHOOL. Satisfactory progress has been made during the quarter and the building is now in a fairly advanced state of com- pletion.
not prove that the money was withdrawn an entirely new book with a permanent they were further charged with throwing has been completed; the laying of floor
by one of the prisoners, it was with drawn at their instigation. The original book with the false label was presented on two days and the whole amount was withdrawn.
label.
Replying further to. Mr. Jenkin, wit ness said the handwriting on a label
overboard three caska containing arms and ammunition to prevent seizure.
Mr. d'Almada Remedios appeared for
for the second.
The assistant cashier. did handed to him was his own The entries the first defendant and Mr. M. W. Lo the paving of open playground has been
was not in his handwriting. Referred to the first page of the withdrawal, he said that the items therein were in his hand. writing.
not pay any particular attention to this of $50,000 in the deposit book, "ema" book, and be was easily misled by the} fact that the chop and the signatures were genuine. Nothing of particular in port took place between May 4th and August 13th, except that a cheque of $37.000 was withdrawn from the account of Man Fat at the Bank of East Asia, On August 7th- an account in the name of Kwong Cheong was opened in the Industrial and Commercial Bank. Au Kim Lui, the first prisoner, handed over to the management of the bank the de. posit book. "Nina" which purported that the "Kwong Cheong Firm had 850,000 de- posited in the Wing On Bank. He in structed the Industrial and Commercial
Bank to collect it.
CIVIL ACTION BEGUN.
A representative of the bank visited the Wing On Bank, and presented the book, but the Wing On Bank refused to pay this amount second time. Au Kim Lui then consulted solicitors, and they made a demand for payment. On August 15th a civil action was started, and they tried to achieve their purpose of secur. ing the money from the Wing On Co.,
Aur Kim Lui swore an andavit to the effect that the Wing On Company owed his firma $50,000 and $683 interest, This was wholly untrue, and he knew it, since the money had been previously paid out when the other book, which ke, also knew to be partly forged, was present ed.
He had sworn a further affidavit when he stated that he had the original deposit book in his possession. That book also was a forgery, and be well knew
The
Sub-Inspector Lane asked for the case to be dealt with summarily before two Magistrates, and His Worship adjourn ed the case for hearing on Monday afternoon next. («
Witness was then handed the deposit book "Nina. He said that the hand-
FOUND WITH DAGGERS. writing on the label was not his. entries in the book were, however, in
In another arms case before Mr. his handwriting. The characters on the Lindsell, two Chinese were charged with cnvelope in which the book was contain being in possession of three daggers. ed was in his handwriting..
Asked to explain the procedure for opening an account at the Bank in 1923,
The pinsterwork in the Assembly Hall
boarding has been commenced and the panelling is ready for £xing. The paving of covered playground is completed and
commenced. The swimming pool is almost completed, and the tiling of latrine block is in progress. Fittings to lavatories are being installed and the shower baths are fixed. The electric wiring, and installing Pof water service are both almost complet- cd. The erection of granite, portico tá front entrance is progressing and brick- work generally is being cleaned. -
The school authorities have occupied a
Mr. C. A. S. Russ, who appeared for both defendants, pleased guilty on their portion of the building. he said the depositor interviewed him. behalf, and called attention to the fact and handed him the money. The intending
⠀ FIRE -STATION BUILDING,"
The Contractors have made satisfactory progress, but the work has been seriously
depositor would give him the name under that the weapons were not daggers in which he wished to deposit, the money, the proper sense of the word, because a but no specimen of signature or address dagger bad a sharp edge on both sides, delayed as the ironmongery and sanitary of the depositor would be taken. When whereas those mentioned in the charge goods did not arrive from England until ever the whole amount deposited was
4
withdrawn, the deposit book was retained had only one sharp edge, and resembled by the bank. He spoke of $50,000 being knives more than daggers.. deposited in April, 1923, in the name of
His Worship said that he would have Kwong Cheong, and ite withdrawal in May. He could not identify the person to bold that they are daggers. who opened the account, nor the person Mr. Ruas asked what a dagger was, who withdrew the money. He recollect
the end of March.
The whole of the brickwork is now com-
plete with the exception of several parti- tions on the ground floor,
The doors and sashes have been fixed
ed retaining the book when the with, and His Worship replied that that, was to the three upper floors of the Des Vœux drawal was made.
left to the discretion of the Magistrate. Road portion of the building and painter.
Cross-examined by Mr. Zeitlyn, witness
said that he was in charge of the accounts
Mr. Russ remarked that as he had work has been commenced.
Plasterwork has been carried out to
at the Wing On Bank in 1923, but had pleaded guilty he expected the articles, been on vacation up country for about to be regarded as daggers, but he would the offices on the four upper floors to 30 days in May and June. While he was explain facts in mitigation. The de Connaught Road, joinerwork has been absent, another man took his place, and fendants, stated Mr. Russ, were return fixed and wood block floors are being remained there until he returned.
Questioned concerning the series of ing from Java to Foochow and had no deposit books which were in existence in intention of stopping at Hongkong, on the two upper floors...
The iron railings are being fixed to the
1923, he said that the first number of
laid Painterwork has been commenced
it.
The civil case started in August, 1923. the book in the series was 10951, and the Such articles as were found in their courtyard and Connaught Road veran- and a certain amount of enthusiasm was last 13709. This was issued on June 18th. possession were very common in Java for dahs,
The granitework has been completed shown for a few months. But from These books were then discontinued, and the purpose of peeling fruit, and March, 1994, until February, 1926, when with the new books it was necessary for opening coconuts. Therefore, he asked but still requires to be dressed down. the prisoners were arrested, the action depositor to give a specimen of his for a light penalty. had been left moribund. It had become signature, and also his address.. apparent to them that the documents ja
the case were to be submitted to experts for examination, and they feared if that were so, something would be found out to their detriment. They had submitted to the solicitors for the Wing On Bank certain interrogatories in regard to the ease, but they refused to answer them, because we knew they were fishing for Four evidence."
Mr. Zeitlyn asked when the refusal to answer these interrogatories was made. He thought that it just before criminal proceedings were instigated...
Mr. Jenkin replied that the refusal was made on December 4th last year, and criminal proceedings were begun in February.
OFF TO PELLING,
Mr. Zeitlyn: Do you know the reason why these improvements were made don't know.
You never heard of any reason?—That was up to the manager. I never heard of any reason myself.
Would you pay out if your handwriting was not on the label-I would pay out if it were in the handwriting of myself, or one of my fokis. If it were not so I would enquire about it.
Were there any accounts opened, with- out any names at all on the label -No,
never.
"
The soil and rain water goods are being
In reply to His Worship, Sergt. fixed and this will allow work to pro Flaherty said he had no reason to doubt
the defendants were bona fide travellers His Worship fined defendants $50 each, or four weeks hard labour in default. The weapons were confiscated.
IHEATHERLEY CASE.
COST THE CROWN $4,500.
In á "Finance Message" from H.E.
ceed with the external plasterwork."
Owing to the adverse fircumstatices prevailing during the latter part of 1925, and the non-delivery of Indente from England, it has been impossible to com- plete the building by 25th February which is the contract date for completion.
HOME FOR AGED POOR. GOVERNMENT GRANT OF $20,000.
Amongst the votes which were approv« Legislative Council yesterday afternoon, In the printed memorandum relating was one for a grant of 820,000 to the to the various items in the message, it Little Sisters of the Poor,
The Governor to the Finance Committee When you come to-morrow, will you of the Legislative Council one of the bring with you all the cancelled books items was Costs in Rex v. Atherley, ed by the Finance Committee of the which you showed at an interview in $1500. Mr. Jenkin's office, when Mr. d'Almada and Mr. Hall Brutton were present They are, not in my possession.-
is explained that the prosecution in this An explanation attached to the vote Continuing, Mr. Jenkin' said that to-d Mr. Jenkin said that he would produce case was, at the instance of the.com-stated: It was orginally proposed to wards the end of September, 1925, Anthem.
plainants and with the consent of the grant an area of Crown Land to the Kim Lui was merely the nominal plain When the hearing was adjourned until Crown, undertaken by private legal prac Little Sisters of the Poor on which to tiff in the civil action, and acted on be to-day, Mr. Jenkin said that he had titioners. After committal, the original erect a permanent House for the Aged half of his fellow conspirators. In De- arranged to call Professor Shellshear, of complainants declined to be responsible Foor: This proposal was abandoned sember, bo intended going to Peking, and the Hongkong University, when the case for any further costs of the prosecution, and, after consultation with the members in fact did go there. But before he went was continued this morning.
and by agreement with Government the of the Finance Committee in April, 1925, the question arose as to who should carry His Lordship said that he did not think, legal practitioners already in the case and reference to the Secretary of State, on the civil action, in his absence. The it was fair to defending counsel, that undertook to continue the proceedings it was agreed that Government should two other men did not want to figure in his cross-examination of such an import on the understanding that Government subscribe the sum of 820,000 towards the the public eye by being openly associat. ant witness as the assistant cashier should
be postponed.
Mr. Jenkin said he would call Prof. Shellsbear in the afternoon.
The hearing will be continued this morning.
ed in the action. That is a matter of
His Lordship: inference 1N
Mr. Jenkin: No, I am going to prove
would pay further costs not exceeding cost of a site to be purchased privately 82,000. The case, however, lasted much by the Little Sisters The Little Sisters longer than was anticipated, and it is are now in a position to complete the considered equitable that in the circum- purchase subject to the payment al the stances Government should pay $4,500 above aum, and a vote is therefore re-
quested.".. towards the cost of the prosecution.
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