1930-01-09 — Page 7

CI AIM BY DIAMOND MERCHANTS.

LOCAL EVIDENCE IN THE SUPREME COURT.

CONCLUDING STAGE OF THE CASE.

THE HONG KONG DAILY PRESS, THURSDAY, JANUARY 9, 1930.

DEATH OF MR. F. J. McCARTHY.

POPULAR DOCKYARD

EMPLOYEE.

There was a large attendance of friends and colleagues at the funer- of the late Mr. Francis Joseph McCarthy, which took place last evening, at the Roman Catholic cemetery. "Happy Valley.

After three days, the concluding stage was reached in the action brought by thres diamond merchants in Antwerp against the Hong Kong branch of the Banque de l'Indo-Chine for the recovery of the value (over 5,000) or the return of a package of diamonds alleged to have been sent by registered post in 1929. At yesterday's hearing in the Supreme Court. an accountant of the defendant Bank gave evident of the Bank routine at the time." Mr. F. C. Jenkin is appearing to Mr. Komitzer, both dated Sep for the plaintiffs (Louis Kornitzer,tember 9, 1991. One stated:-"Reas far back as December 1909 to

n

The late Mr. McCarthy, who was a native of Chatham, England, was 28 years of age, and he arrived here

ceived from Mr. Kornitzer one small take up post with the Royal Henri N. Gutwirth and Isaac parcel, contents unknown, sealed Naval Dockyard. He was taken ill Goldberg), and Mr. Eldon Potter, with ten red seals, marked 'K' to only a couple of days ago and was K.C., with Mr. H. G. Sheldon are be placed in safe custody and to admitted to the Royal Naval Hos- for the defence.

be delivered against this present pital at 1 p.m. on Tuesday, where receipt. The other was the same, he died at 4.35 p.m. from heart except for the description, which failure, following an attack of stated that the package was sealed broncho-pneumonis. with three red seals.

"

A Local Decision Recalled.

Resuming his arguments," Mr.

Potter referred to a decision given by Sir William Rees Davies (former Chief Justice of Hong Kong). In that case, the plaintiff was a travel- ling trader, and having sold his goods be asked a merchant with who he was dealing to keep the money for him until he called for it. Defendant put the money with his own, in a locked drawer.

As would appear from the facts, the money was stolen, and, as far as could be seen, it was stolen because

the drawer next to that which con- tained the money could be quite easily taken out, when aceous would be given to the other drawer. In that case, said Mr. Potter, the Judge held that as the defendants had taken reasonable care they were Lot

liable.

Bank Accountant's Evidenco.

Mr. X. Piguet, accountant in the Banque de l'Indo-Chine, and the only European member still on the staff since the time of Mr. Kronit. zer's dealings with the Bank in 1921, and the following year, was called by the delence.

Witness said that he arrived in

Hong Kong in August, 1920, and was placed in the correspondence department, there being four other European besides himself. Later, in 1922, Mr. Korwin joined as an additional member of the staff, his position being that of sub-manager.

The duties of witness included the

Of a cheery disposition, Mr. McCarthy was well-liked by not only his colleagues but also by the number of Chinese he had under him. The fact that he was shortly due from 'retirement from his post ́as charge, man of smiths makes the case even sadder than usual.

He was unmarried, and leaver a widowed mother at Home, to whom much sympathy is extended..

2

Those Fresent.

The service at the graveside was conducted by the Rev. Father Giles, R.C., Naval Chaplain, and among those present were:-

llegues from Captain of Deck

yard's Office, Chief Constructors, Chief Engineers, Supt. Electrical

Mr. S. R..Tickner, Chief Con- structor, Head of Department; looking after of correspondence Mathias, Holt, Harrison, West, Surg, Com. Hunt, R.N., Mesara. either to the Bank or to customers Tink, Bickford, White, Murga That case laid down that of the Bank. When registered troyd, Osborne, Wella and his person was not responsible for the package or mail arrived" from the fraudulent act of his employee. Post Office, witness would sign the Also the Judge made use of the receipt and place the article in the fact that plaintiff himself knew inside compartment of the safe. where the money was deposited, but The chief accountant who sat at the apparent he made no complaint.

opposite table, had the key of the In the present case, said Mr. lock compartment. Potter, he did not mean to say that there was any obligation on Mr.

Parcels on Top of the Safe. Explaining how a parcel so

re

Engineers, Victualling Store, Naval Police. Stores, Naval Armninent Depot and

The Wreaths.

Among the many wreaths sent were those from, Commodore R. A. S. Hill, C.B.E., The Chief Con- structor's Office Staff, The Chief Constructor and Members of the Royal Corps of Naval Constructore,

MACHINES VANISH IN A NIGHT!

ODD KOWLOON FACTORY.

PAID-UP CAPITAL, $1507

A Chiness accountant and a foki were before Mr. T. S. Whyte Smith at Kowloon Magistracy on a charge of stealing varions articles from the Tungshan Weaving Factory, 44, Mongkok Road, on December 26 Inst. Mr. E. 9 C. Brookes: pro- secuted, and Mr. G. S. Hugh Jones appeared for both defendants.

The articles stolen include 17

weaving machines, 45 dozen wollen singlets, 200 lbs. of cotton yarn, 400 lbs, of woollen yarn, 1,500 metal rollers, the total value amounting to $4,500.

Outlining the ease, Mr.Brooks said that the complainant Wong Nam, was a managing partner of the Tangshan Weaving Factors The first defendant was an account ant employed at the factory. The into the accond defendant came

case later, and the charge against him really amounted to aiding and nhetting the theft.

On December 26 lat, the com plainant was ill in bed and did not go to the factory. The next day, however, he went to the factory and found the entire contents gone. He obtained certain information from the fukis and went to the Luen Cheong Weaving Factory, where he found some of the weav ing machines.

The complaisant was also told that the first defendant bad come to the factory on the night of December 26 at about 11 p.m., and, aided by six coolies, had removed the entire contents in the factory. He was told this by a foli who was asleep on the cookloft at the time. The weaving machines were packed in cases and taken away.

Bus-

"THE TIGER."

HOW HE SCORED OVER

·JAVANESE RAJAH.

AMAZING VITALITY,

In a letter to the Times Laurence Guillemard, a Governor of the Straits ments, writes:

Sir

former Settle

Among the most interesting times in my life was the week in 1920, during which I had the honour of receiving Clemenceau as my guest in Singapore, and it was my good fortune to meet him in holiday mood,

He was on a pleasure trip, "for to admiro and for to sea;” out to enjoy himself, and his enjoyment was delightful to witness. "His eye was not dim, nor his natural force abated indeed, he was like a great boy. He went everywhere, saw everything, and talked to evory- body.

The charm of his manner was irresistible; his gay humour was hearts, and it two days he was infectious: his courtesy won all the idol of Singapore. He never seemed tired. Every morning he came down to breakfast in high spirits. I had suggested coffee and tolls in his room, but he scouted the ides.

I

His English Breakfast,

"I am on English soil, and I will eat an English breakfast." And he was not content to eat one himself. I can see him now at the sideboard waving his grey-gloved hands over the protesting Pietri- the friend who nine years later was to watch beside his death bed- and insisting that he should ent porridge, which Pietri, se a good Frenchman, refused to regard as human food.

sightseeing, interviews, receptions, Then followed a busy day of and speeches, after which he would chafing his exhausted companions, and bubbling over with life, and would talk unceasingly till be went gaily to bed.

turn up for dinner, fresh and alert,

Kornitzer to have pointed out toceived would come to lie on the top Captain and Officers. R. F. A. Bel- the Police. He went, back to the covered with iodine, but I defy.

ז'

He Became Suspicious.

The secret of this vitality was, On January 1, complainant went he told me, that every day for an to the Leen Cheong Factory where hour he lay flat on his back with he saw his machines. He spoke to his eyes shut and his mind by force of will reduced to an absolute a certain man about his loss and was told to come back at 6 p.m. blank, One day, when he came in that day to arrange matters. Com. hot. I cautioned him against cat- ching cold. "I have a hole in one because plainant, however, picious and reported the matter to lung, he said, "and my chest is factory after leaving the Police colds," and then, with one of his Station and found a lorry outside occasional lapses into French, "I the factory upon. which the n'y a pas des maladies, mon ami; machines were being loaded, Heil n'y a que des malades." immediately returned to the Police His Entertaining Talk. Station and accompanied by detec tives he went to the Luen Cheong the lorry in Nathan Road and stop- Factory. On their way, they saw

ped it.

Among the memories of that week dinner, when, lying at ease in a the most vivid are the evening after

long chair in the balcony, he would freely talk of his life and ex- periences, of his beloved France, of the men he had known, friends or focs, of the things he had done The or failed to do.

the Bank that the jewels were in of the chief accountant's sale, wit-gol, Mr. and Mrs. F. A. Brown, A. a place which was manifestly not ness said that when the parcel art. Whitley, George White, Yu Ah suficiently safe. There was no legal rived the chief recountant might Tim, H. Smith, L. Faulkner and 1. Brown, Officers and Staff, Chief hity on him to do that, but it was have been occupied elsewhere in the Engineer's Department, Civil. See very cogent evidence that the pro- office. In such a ease the corres-retary. Cashier and Staff, Chief perty was being kept properly if pondence clark may have left the Constructor's Native Office Staff, the plaintiff was fully aware of package on the chief accountant's Store Department, Electrical. De- The Store-keeping Staff, Naval where it was being kept and rande desk or on top of the safe await-partment, N. S. Clerical Staff, R. no complaint.

ing his return to open the lock N. Y. Police, Surg. Com. F. G. It was also stated in the case compartment. No parcel, however, Hunt and Staff, Dockyard Surgery, Workmen of Plumber's Shop, C. C. cited that the degree of diligence would be left on top of the safe Department, The No. 1's of the to be exercised by the depository during the tiffin hour or after the Chief Constructor's Native Staff, must be determined by the special regular business hours. Parcels too Technical Officer's Assn. Agree

Members of the Dockyard R.C., The facts of each case, and he would big to go into the compartment ment Employee's Asen., Officers submit that that was undoubtedly would be taken to the strong room, and European Staff, Expense the law. It would be most unjust,

During the whole period he had Accounts Department, Chief Con

structor's Hammer-men, Chief Con- bearing in mind that the receipt for been with the Bank, witress assert-structor's Blacksmiths, Local Staff, the parcels was merely for the coned that neither he nor any other Section II.. Naval Store Depart-hid under the machines. He was venience of Mr. Kornitzer, for it to European member of the staff badent and Commissioned and War-

be put in as in the event of parcels any suspicion as to the dishonesty being tampered with. The Bank's of the employees. liability was increased and they were put in the same position as a person who had definitely under-) taken to keep them in safe custody and preserve the parcels intact

Mr. Kornitzer's Safe Deposits-*-- Referring to a bank hook," Mr. Potter said it contained the names

Articles for Sale Custody. Describing the procedure further, witness said that the correspond ence clerk dealt with the mail, while parcels for safe custody wero attended to by the cashier. When a customer wished to keep a parcel in safe custody, the cashier took

rant Officer's Club.

If a customer desired to get valu. ables by registered post, he would be taken to the manager for arrange- would not have authority to make menta to be made. The cashier

any jarrangements exoept for or dinary registered mail. This had been always the practice....

Office Staff in 1922.

In cross-examination, Mr. Jenkin referred Mr. Pinguet to the staff

The second defendant, who was in charge of the lorry, was asked who had instructed him to take the machines away and replied, giving the first defendant's name, Station and a search was made for and radiating humour. What he machines were taken to the Police Wonderful talk, full of wisdom the first defendant. After a chase said would fill a volume, which I about Sham Shui Po, the defendant do not propose to write, but 1 was eventually found but on seeing cannot resist quoting one remark the Police the defendant ran into He had probably said it to others, the Ng Kai Knitting Factory and for ho did not willingly let his bons mots die, but I have not seen discovered and arrested.

it recorded in print. Talking, as he often did, of the Versailles Con- ference, he said, quietly, with a tolerant shrug of his shoulders, "What could I do, I, a plain man occupied with realities, shut up with two men, one of whom thought he was Napoleon and the other be lieved he was Jesus Christ 1"

Mr. Brooks pointed out that not all the machnies had been recover ed in fact, only the six which were found on the truck and taken to the Police Station.

Foki's Unsuccessful Inquiry.

who was asleep on the premises of Evidenco was given by the foki

the Tungshan Factory on the night of December 28. He said that the first defendant came and packed the machines and took them away, He could not say where they were taken for when he tried to ask where they were being taken, he

in the office in July, 1999, and partireceived no reply. The first defen- cularly in the early part of the dant was No. 2 in the factory and month. Witness said that the chief in the abstace of the manager took

had six assistants, charge. accountant Portuguese and Aunamuese, who had tables in the general office with the Europeans. Of these, only two men remained at the present time, two Portuguese having left several years ago, while one retired in October

last and another died in December,

The complainant in evidence cor roborated Mr. Brooks' outline of the case, and said that he recog

The Balat's Progeny,, One anecdote out of many. At the end of his visit to me Clemen- ceau went to Java. I had told him. about one of the native rajahs of whom it was reported that when ever he met a European of dis- tinction he always inquired how many children he had, and that, when the visitor owned up to three, four, or five, as the case might be, he would reply, "I have 85."

of people who had deposited various the parcel and gave a receipt, aign- articles for safe keeping and it was ed by himself and either the mao. interesting to note that the name ager or sub-manager. At the same of Mr. Kornitzer appeared twice time an entry was made in a book. for deposits of small packages. Such, parcels were placed in the Although the book did not state cashier's own safe and later in the strong room. The entries witness

When Clemenceau passed through what was in the packages, it was said were the same as the two

Singapore on his return, he said a fair inference to draw that they appearing under Mr. Komitzer's

nised the machines as belonging to

to me, "I went to see your philo contained diamonds. One was de- nante when he placed two small

the Tangshan Factory when he saw posited on January 97, 1922, and parceis in safe custody on Septem-

them at the Luen Cheong Factory. progenitive Rajah, and, as you ber 8, 1021.

Cross-examined by Mr. Hugh prophesied, he asked me how many was delivered on February 1, 1922. A year after his arrival, witness 1928. The correspondence clerk had Jones, witness said that the Tung children I had." "Well, what did

a lady typist, and the last that wit-shan Factory was started by four

you say "I told him I had 123. Another was deposited on March 3, continued, he became second ac ness heard of her was that she was partners, including himself, and There was no spirit left in him." 1923, and "delivered on March 9, countant, and in May, 1922, he was in Peping in the employ of another $1,000 was decided upon

Clemenceau made quite a 118 the appointed cashier. In his position Bank. The left about the end of necessary capital The three other ber of short speeches in Singapore, 15 cashier, witness remembered Counsel submitted that it was three parcels being received from 1923. Mr. Marsot, manager at the partners, however, did not pay up graceful and witty. Most of them, but witness put $150 into the busins when he opened a road to be Mr. Kernitzer for safe custody. He time, retired in 1923 and was now

of only. residing in Paris.

nces and this was their only capital. named after him, were the common procedure, when identified the receipts given for

local and ephemeral interest, but articles were really placed in safe these parcels in July, August and

one, made to the children at a con- custody, not only to keep a register, October, 1922.

vent school, was very charming. Parcels coming from Antwerp but to give a customer a receipt; would have been placed in safe and there was no receipt in the pre-custody and entered in the book sent case and no letter from the only it Mr. Kornitzer had made a bank to Mr. Kornitzer advising him personal request over the counter. that a package on safe deposit was awaiting delivery,

1922.

Parcels for Mr. Korültzer.

Valuables by Registored Post. During July, 1922, witness had no. thing to do with registered mail or the chief accountant's safe. A customer requiring to get valuables by registered post would be always taken to the manager. Witness had no knowledge of any instance where the manager delegated the authe Witness said that he remembered rity to receive valuables to a sub- small packages, having the appear-ordinate. The Bank moved their premises anco of pen-nib boxes, arriving for Mr. Jenkin: Where are the in 1924 and some old and useless Mr. Kornitzer by registered post. counterfoils of the three receipts receipt books had been lost, or, These packages did not appear to which are in your handwriting

have been insured, and they were Probably they were destroyed or maybe, destroyed, but they had dis-not accompanied by any documents. lost during the removal to the new covered the tabs of a receipt book Witness was not aware that these building.. which referred to a 1021 deposit packages contained valuables..

It was the cashier's duty, to look fat than hach baap malla fallegasti prodantidad to find. Two of those tabs referred (Continued on nizi Oulumn.) |

This concluded the evidence of the witness when the Court adjourned

did dituntington that the case will end to-day.

Hot Actually Paid For. Of the seventeen machines only six had been purchased the other 11 being hired. The witnees Further explained that the six machines

203-

had not actually been paid for. fokis, but admitted that one was They had been sold to the factory redeemed from the pawnshop, on credit, payment to be made in Mr. Hugh Jones put it to witacse goods produced. The shareholders that the shareholders of the other of the firm which supplied the firm, being shareholders of his machines were aleo shareholders af firm, provided the factory with the factory.

the machines, stocks of cotton Mr. Hugh Jones: If the machines and woollen yarn, paid the factory still belong to the people who own rent and wages, so that it could ed them then it wasn't stealing. supply their" Arra with goods.

Mr. Brook; It doesn't matter Witness repeated that the who the machines belonged to, the maschines were sold to his firm on fact remains that they were stolen, credit in return for goods to be

Witness denied that three supplied. came dated to the factory for the barris Ka

(Continued at foot of next column.) | January, 18, at 2.15 p.m.

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