1929-06-27 — Page 4

TIES OF

CHARACTER

THAT TONE

CORRECTLY

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AND

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THE HONG KONG DAILY PRESS, THURSDAY, JUNE 27,

K.O.S.B. COURT, MARTIAL.

ALL THE EVIDENCE NOW CONCLUDED.

MAJOR OGILVY'S CROSS-EXAMINATION

WHY CORPL. HENDRY WAS TRUSTED.

The examination of Major G. M. H. Ogilvy, K.O.S.B., was con- cluded yesterday at the Court Martial sitting in Murray Barracks. The Major is facing charges of negligence while performing the duties of P.RI. The case is a sequal to the "Corporal Hendry

rauds."

Corporal Hendry, who was Major Ogilvy's clark, misappro priated about $1,000 from the P.B.I. funds and is at present serving a sentence for the offence imposed by a previous Court Martial,

CHEAP TENNIS RACKETS FOR SOLDIERS.

Cross-examined by Major Armit-him, and from the papers he pro- age, the prosecuting officer, Majer duced, and after making compari Ogilvy said he did not ask Corpl. sons with these and his entries, Hendry bow much the swill money made them right. came to each month. He asked Trusted Corporal Hendry, Hendry to keep a book recording" Did you trust Hendry --As much, the names of men who purchased right to the end, as I did Sergt. tennis rackets from the P.R.I. The Wylie. rackets were sold at 610 each and the men were allowed to pay for them at the rate of 21 per month. The book was intended as a record of payments made.

He did not recollect receiving a cheque for $188 and "signing a receipt for it." When he checked the P.R.I, books be failed to notice that it was entered.

You have said in your evidence that knowledge of certain. bills was kept from you. Did not that arouse your suspicious ?-I thought Hendry was slack and I think I told him that I should get rid of him if he. did not improve. I did not think he was dishonest but thought he might have mislaid certain bills.

You did not suggest, when you Accused told the Judge Advocate made the statement, that Hendry that he could not swear that be had was doing anything dishonest 1- signed a receipt without seeing the No. money for which the receipt was drawn, over so long a period ns three years.

w&5

done so.

M

Major Lake has also given er dence of finding the accounts in a muddle. It seems rather remark

He would say, however, that hejable that neither you nor Major· he had not Lake thought of anything sus- pretty certain

picious! Why was the swill account Checking Stock,

paid some months by cheque and After the, tifan adjournment, acometimes in cash The only rea- cused was further examined" and so I can suggest is because it was said he did not think it was neces- such a small amount and either way sary for him to take steps to see was convenient. that morning papers were paid for. or entered in the P.R.I books as liabilities. He did not think he ever checked P.R.I. stocks together but be undoubtedly checked parts

of it at a time.

الأو

When the balance sheet for Sep tember 30, 1928, was compiled, he did not check any of the stock be cause he knew the accounts would be audited and the Audit Board were quite at liberty to check all stocks if they so desired, or they could ask any questions. At the same time, witnesa agreed that he was the person responsible for the P.R.I. stock and also that various outstanding bills were entered on the balance sheet.

No Training. Accused' went on to say that be knew that Sergt. Wylie had signed receipts bat accused gave Hendry instructions that he (accused) would sign all receipts, *-

President: But Hendry took over" from Sergt. Wylie and the inference is, observing that Wylie had to thoroughly instruct him in his duties, that Hendry would adopt the same procedure with regard to the receipts as the sergeant ?

Accused: Yes, suppose so. Have you been through the Senior Officers' Schools Only dur ing the war. I have not been since arrived out here. I asked if I could, but

1929.

| HONG KONG COURTS,

REPORT OF THE REGISTRAR FOR 1928.

Three hundred and twenty actions were instituted in the Supreme Court during the year 1928, na against 410 in 1997. One hundred and thirty-six were disposed of dur- ing the year and 31 were settled. or withdrawn beforé trial as against 185 and 80 respectively in 1927.

20.

The claims amounted to $2,994.331.

The debts and damages recover- ed amounted to $1,200,788,02, as against 82,051,486.11 in 1927.

The fees collected amount to $14.924.50 as against $18,780.80 in

1927.

1

Summary Jurisdiction,

Two thousand and ten actions were instituted during the year os against 1,857 in 1927.

The cases were disposed of us follows:-Settled or withdrawn 531, judgment for plaintiff 945, judgment for defendant 48, nonsuit 8, struck of, dismissed or lapsed 44, and

Pending 434; ns agninat 447, 881, 46, 8, 47 and 448 respectively in 1627.

The claims amounted to $389,941. 93, as against $557,904.19 in 1937, and the amounts recovered were $284,809,60, as against 8251,590,00 in

1927.

The number of rent distress wat-

1,447, repre

rants issued was senting unpaid renta amounting to 8201853.11, of which #58,020.20 was recovered by enforced sales in 461 warrants; as against 1,334, $307,987.70 and 880,568.92 respec-' tively in 1927.

Nine hundred and mine warrants were withdrawn on settlement be- tween the parties, as against 313 in 1997, and the remaining warrants were cancelled or otherwise dis- posed of.

The fees collected amounted to 822,577.20, as against $90,966.70 in 1927.

Criminal Jurisdiction. There were D1 cases and 118 per- sons committed. for trial at the Criminal Sessions, as against. 112 and 189 respectively in 1927.

The number of persons actually indicted was 115, of whom, 73 were convicted, 41 were acquitted, 3 dis. charged (case abandoned), and one person's trial was postponed. In 1927 the figures were respectively 112, 47, 30 and one bail forfeited.

Appellate Jurisdiction. Six appeals were lodged during the year. Of the six, two were granted and the remaining four were withdrawn or settled.

F

Admiralty Jurisdiction...... Twenty-nine actions were institut- ed during the year. In eight cases judgment was given for the plain- tiff, in three cases for the defend- ant, fourteen were settled or with- drawn, and the others are pend

The fees collected amounted to 81.376.65,, as against $650.95 in

son I asked was because part of

Never mind that, now. The rea- ing the training is in connection with the keeping of accounts.

1997.

The Company subscriptions to the It was intimated that written Probate and Administration. cinema were entirely voluntary and statements would be handed in by

Two hundred and forty-eight would vary when detachments were the prosecution and the defence at grants were made by the Court away on special duties. Outdoor | 9.30 this morning.

being:- performances were given at some barracks and, when the weather was inclement, programmes would be impossible and subscriptions would suffer accordingly. Therefore, a xed sum as contributions could not be guaranteed and would account, in accused's mind, for any varia

tions.

"

12 The 0.0. and Accpsed.

In answer to questions put by Major Miles, the defending officer, accused said that, for the quarterly audit, all receipts had to be pro duced and, therefore, had to be kept in some sort of order.

CHINESE MARRIAGE

CUSTOM.

WIFE'S RIGHTS AND OBLIGATIONS!

Probate

104 Letters of administration 144

948

The figures in 1027 were respec- tively 138 and 161.

The Best

Dance Tunes Ever!!

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read about! Play some of these records and you'll be conn **vinced that they know their stud. We would be glad to play for you whatever of these selections especially attract you. Come in and let us do this!

With a Song In My Ecart-Fax Trot Vocal Refrain Yours Sincerely-Fox Tros Vocal Refrain

LEO REISMAN AND HIS OREZENTKA No. 21923, 10-inch Walking with Susie Fox Trot With Vocal Refrain That's You, Baby--Fox Trot (from "Fox Moriconing

Follies of 1929) Fish Vocal Refrain

GEORGE OLSEN AND HIS MUSIC. No. 97, 10-inch

The Wedding of the Painted Doll-Fox Trot (from.

Metro-Goldwyn-Mayer picture, "Broadway Melody I'm Ka-enzy for Yoir-Fas Trot" With Focal Refrain

HORACE HEDT AND HIS ORCHESTRA No. 11957, M-kul

Breakaway-Fox Trot With Vocal Refrain Big City Blues-Fos Trot (fron "Far Movietons

Fallics of 1929 "With Vocal Refrada

George Olsen AND HIS MUSIC No. 6, 10-tach

Underneath the Rusian Moon-Valts Focul Refrain The One That I Love Loves Me-Fox Trot Focal Refrain BUDY VALLÉE AND HIS CONNECTICUT YAKKIES

No. 21963, 10-inch

1 Kiss Your Hand, Madame-Fax Trot Focal Refrain Josephita-Fox Trot (from Metro-Goldwyn-Mayer picture, "Tide of Empire") With Focal Refrain

LEO REISMAN AND ÉIS ORCHESTRA No. 219-9, 10-inch

Bye and Bye Sweetheart-Walls With Focal Refrain My Time is Your Time-Fox Trot With Vocal Refrain

RUDT VALLÉE AND HIS CONNECTICUT YANKEES

No. 21926, 10-inch Pagan Love Song Waltz (from the Metro-Goldwyn- Mayer picture, The Pagan") With Vocal Refrain

THE THOUBADOURS The One Girl-Fox Trot With Vocal Refrain

NAT SHILERET AND THE VICTOR ORCHESTRA.

No. 2331, 10-fuch

:

I Get the Blues When It Rains--For Trot Focal Refrain The Things That Were Made for Love-Fax Trot

NAT SHILKEET AND THE VICTOR ORCHESTRA.

No. 27943, 13-22 Been to Me-Tox Trot With Food Refeul That's What I Call Heaven-Fax Trot

With Vocal Refrain LED HUMAN AND Els OrgCIENTRA

No. 21921, 10-inch

S. Moutrie & Co., Ltd.

(Victor Distributors) Chater Road

Deposits to the total value of $3,883,000 have been made by Insur ance Companies under the Fire and Marine Insurance Companies De- posit Ordinance, 1917.

Fees and Commission.

The total sum collected during the year by way of fees and commis. sion amounted to $101,624:20 as against $96,254.96 in the previous

year.

"Stat

Mr. Justice Wood, Puisne Judge, Court fees amounted to 821,247.50 and Official Administrator's Com- was absent on long leave from mission to $1,989.30. The 6gures in April 28 to December 31, and Mr. 1997 were $18,917.20 and $393.01. P. Jacks, Land Officer, acted as A Chinese woman summoned ber

During the year there were 321 Puisne Judge during this period. husband before Mr. T. 8. Whyte deceased estate accounts on the Mr. H. A. Nisbet, Registrar, left Smith at Kowloon Magistracy on Court books. The invested funds the Colony on June 23 on long leave April 15, for failing to provide for for these estates totaled $7,000 and prior to retirement on pension and her and for persistent eruelty. The the cash balances 8133,292.89. retired on pension cn October 18.

With regard to the cinema bills,

summons was eventually dismissed Thirty-two accounts were closed Mr. C. D. Melbourne, Deputy Re- the Magistrate having held that during the year and 148 new aegistrar, auted as Registrar from payments were arranged monthly on

the wife could not prove that she counts were opened. a capital basis per programme and not for the actual number of films supplied.

President: Do you consider you needed any advice or instructions from the 0.0.?

Accused: I certainly think I should have received some. He did not know if I could do the duties. He had not seen me before.

Twenty-two Years Services.

Two estates June 23,

had been persistently ill-treated were transferred to trusts account. Mr. T. M. Hazlerigg, Treasury Solicitor, was appointed. Deputy, Re- gistrar on April 1.

and that her husband had not wholly failed to provide for her.

ed.

Official Trusts.

Registrar of Companies.

Mr. E. P. H. Lang was appoint ed Deputy Registrar on his arrival in the Colony on October 11,

Mr. W. B. N. Andrews, 1st Class Overseer, P.W.D. was appointed accountant on April 1.'

Gills

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PENINSULA

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The wife has now summoned The number of trust estates in the her husband with neglect to pro- hands of the official trustee at the vide her reasonable maintainence. end of the year was 23. The in- This summons was taken out be- vested funds totalled 8165,591.50 cause, so she alleged, her husband and the cash balances $7,321.00. failed to take her back again. It One trust was wound up during the was heard before Mr. Whyte Smith year and two new trusts were open yesterday.

Mr. W. H. Maynard, Clerk Mr. J. M. Hall again appeared The amount of commission collect- You have served for twenty-two on behalf of defendant and said ed was $753.67 as against $151.02 in to the Chief Justice, was absent on years and know the routine. If you that the wife had left the family 1027.

long leave from March 31 to De- cember 31, and Mr. W. Thomson thought you were in need of instruc-house without the knowledge or Under tion, why did not you go to the consent of the husband.

acted as Clerk to the Chief Justice On December 31 there were 544 during this period, C.0.1-1 did not ask him, as far as such circumstances the wife had companies on the Hong Kong Re- I can remember.

Mr. T. F. O'Sullivan, Second deserted her husband and was not You say

you trusted Sergt. entitled to be taken back again. gister, of which 66 were in course, Wylie" implicitly." Did you make The wife left her husband long be of liquidation. During the year 10 Bailiff, was invalided from the "scr No Mr. W. J. Gorvin, Bailiff, left any protest when he was taken fore the first summons was issued new companies were put on the vice on March 0. way from yout-I cannot remem and there was no indication then Registrar and 38 struck off. ber having done so,

and there was none now that, she company was transferred from the the Colony on June 8 on half pay Shanghai to the Hong Kong Regis leave prior to retirement and retired Did you place the same implicit wanted to come back.

The Magistrate pointed out that ter and one company from the Hong on December D. Post abolished.

Mr. F. L. Stainfield, Clerk and ROOF GARDEN trust in Corp. Hendry Yes. I according to the Home law it took Kong to the Bhanghai Register. understood that he was perfectly four years absence before a hus-

The fees collected in respect of Usber, returned from long leave on satisfactory in his previous duties band or wife could be held as hav-"China" companies amounted to October 10, Mr. R. Cunningham, and I had every reason, at the time, ing deserted the other

8,341.76, and those in respect of acting Clerk and Usber returned to

Police on October 1. to suppose he would be satisfactory Mr. Hall referred to the Chinese other.companies to 818,152.80.

One firm was registered under the Mr E, A, Roberts, Clerk and as my clerk

Marriage Preservation Ordinance Did he ever seek your advice where according to the Chinese law Chinese Partnerships Ordinance, Usher, proceeded to Shanghai on 4Qnes he come to me and said he, if the wise left her husband cell 1911, and nong was registered, lease from April 11 to 3 and did i

could not manage the books and, for a week without hit consent the under the Limited Partnershipa net rathen Mr. W HG H on at least two occasions, he said was not entitled to be teken back. Ordinance, 1912- could not balance them. I helped The hearing was adjourned.

✓

(Continued on next Column).

TEA DANCES

IN

SATURDAY

was appointed Clerk and Usher on AFTERNOONS ONLY.

probation on August 1.