1911-02-15 — Page 5

V

SHANGHAI'S COMMER- CIAL MORALITY.

钱

THE HONGKONG TELEGRAPH WEDNESDAY FEBRUARY 15

Shanghai Mercury."

· (Continued from yestorilay's issi10).

As regards the report on the ostates, it was suggested in the hal referred that the purchase first document to which Counsel price should be 5 per cent loss than the independent valuation. It was also referred to again in the first letter from Dr. Nijhuis to Messrs. Lind and Pitts. Thero was no valuation whatever in the report of Mr. Van Hengst. On Marele 23, Mr. Liddell, a Director of the Siak Company, which had then boon formed, wrote a letter to accused which read as follows:

4

is Lordship-Will you look at Exhibit thirteen ploaso, and tell

who signed it? signature is almost illegible. It The Crown Advocato-The is dated November 1909, and signed by the Assistant Rosident at Bongkales, Mr. Van Hessalaar. in the letter of February 25 from This is the document referred to Dr. Nijhuis to Mry Me Lellan and Lind and Pitts.

necossary for counsel to refer to that. Defendant was aware when he told the directors that this telegram came from Francken, that it was another telegrain, and not the one he wanted to bo sont, which showed clearly that this telegram came froin Dr. Nijhuis, and not from Francken at all In a letter to the directors from

Craig & Co. The consideration

ly have acquired a fine property.tologram received by Craig anded placed before the Directors as was Singaporo, $800,000. That Dutch Resident addressed to your from G. J. Nijhuis. It was only The reports we read from the Co., L., at 5.30 p.m. on 12.-5.-10. was tho arrangement betweon Dr. Singapore lawyers, and that of Nijhuis and accused. The next Mr. A Van Hengst uro of course agreement was dated April 5, and reliable and conscientious, but was between Craig & Co. and the from a Director's point of view, I Siak Indrapura Rubber Coneam of opinion that in the intorests cessions, Ld. The consideration of our Shareholders, we should in this agrooment was to ho immediately obtain a report from Singapore $100,000, T. 10,000 some independent Expert of high in cash, and the allotment of reputation at Singapore, 45,000 slures of Tls. 10 qacli to Craig & Co. or their nomineos. that it is a reasonable and sound I think you will agred with me What that neaut as betworn a thing for the Directors to do, and used and Pitts was that Tls, it only remains for you to suggest 20,000 would be paid to each of how this can best bo accomplished. them, and ten thousand shades would go to land mind Pitts, "and

Your sincerely ten thousand to menso). These were' tio-cqusidorable-suns of money and the scrip mentioned, in the indictment. Next it was counsel's duty to refer to a ques-

these figures. It was vory Crown Advocate had checked His Lordship asked if the

material,

land saddles the whole commer- dono." Then there was tho tele-instructions. There could thoro- tion, noroage cultivation 700, I find no ronson to suppose that bound to be found out. If ho cial community with this commor gram of April 11 from l'itts to Dr. fore be no question about Dr. give estimate 62,000, growth soil acousod was less guilty than Pitts, tried to got these shares on that cial nogleat, but we do not think Nijhuis, referred to in the letter Nijhuis' getting the report. There good planted area fairly clean, I or that Pitts was more guilty date instead of a later date ho was The remarks of our Chief Jus-that he really moans this: Had of the same dato nct promptly, was no mention of any report in cannot give estimate Getah Balam than accused; It was a natural bound to be found out and to bo tico, Sir Havilland de Sausmuroz, ho emphasized that such conduct or the opportunity will be gone. at the Suproine Court yosterday, as the prisoner was guilty of had. On April 28 Pitts wrote that the had been unable to find any in placed upon estimate of Van absent more guilty than the un-port was made by Mr. Mackenzio. theso letters sont South, and they troes, I think full reliance can be workness, porhaps, to hold, the brought to account for it. A ro -with regard to growing laxity a very serious offect, wo should share markot was very weak. structions in rogard to it, sout to Hongat, I consider the property fortunato person who was pre- For that report his client was, to in Shanghai commercial trans-agreo with kim, but we must Counsel noed not nctions and life, aro being in deny that our community as a

By any anyone. After the trouble arose of great value, Franckon." soiue quartor adversely criticised. wholo should be blamed for the tion of possible motivo. The Mackenzio, and that report was od into two parts. First thero one was more or less guilty than report which made it clear that

more than that, on this quer a report was obtained from Mr.

Bont. But counsel had boon una certain extent, responsible. That telegram might be divit, able to find anything to show that They and already had another The utterance is one, coming fault of one or a fow. Wo sg overt acts which were gone into highly unfavourable. That report was the recital of the attitude of the other. from the source from which i gosted months ago that Shanghai. in the lower Court were those was bronglit to the noties of Dr. the directors towards the com- doos, which cannot be ignored. should boldly grapple, with, tho in counoșion with the sending of Nijhuis on August 23, 1910.

the estate was not of that valuo. Lot it not bo imagined that special ovil of shure-gambling, a telegram supposed to be from Comusel now came to the ex-There was a reason given why the facts. His learned friend would port saying that the property was The facts brought forward by When thoroport was received and plotion of the company's affairs. the Crown wore documentary it was confirmed by another re Shanghai was over the aldo and we hope that it will yet I und Franckon, and therefore likely hibits which dealt with the parti- telegram should be sent; namely say anything that could be said nothing like of the value, everyone of an entirely insullied asdone. As to the honesty of our to influence the minds of the cular telegram which was laid to get over this difficulty, and non acoused's behalf. But it was thought in March and April, Mr. somblage of plaster saints. Itsiness community as a whole directors who wero at that time before his follow directors by the protty full recital before the mess-his duty to say this on behalf of Craigmadean offer to the Directors was over anything of the and the integrity of our people as doubtful whether they should or accused. kind. No commercial community a rule, we lavo no suspicion what should not carry out part of the

ago which was to be sent was accused. He came here aftor ato return in cash or the equivalent ever was. But the record stands, over. What is wanted is such a agreement that referred to hande

roached. As counsel had already strenuous life elsewhere, a life in shards.nt the par a fi seeuro and unassailable, that the purging as shall get rid of a pojing over the money and shares to

mentioned he land been unable that was mostly an open-air life. 120,000, which from the figures real Shuanghai, of business.ns of son which threatens to spread. the vendors. All the letters from

to find anything in the corros He was not a man of great educa-the Crown Advocate had given his society, and apart from its inovi-There may be some little difficulty which counsel lund quoted pass- table parastic attachments, was in bringing it about but it should ages regarding the state of the

nothing in the correspondence Since then, in various ways, he been made after certain expenses find been asked for. There was Shanghai was pondence to show that the roport tion. He cama-hero when Lordship ho would see was the one whose character would bear be done, for there are some mnie. share market were signed by Pitt

between Pitts and accused and had been a vory successful man. had been paid, was actually the on the boom. price payable. That offer having the closest scrutiny, and whose robes more dangerous than those.

Dr. Nijhuis to show that they Ilo lived in a society which while whole of his profit on the trans- hoast it was that writion contracts of proumonic plague

could have expected or thought contealing its deeper foolings of action. Counsel submitted that wore unnecessary where overy man's word was as good as his which reinagre with Sir

Both the innocent and the on its outer surface, worshipped client with regard to the sending There is another matter on

that a bond. That this was true of the yillard, Anthatisthe excuse lo

incriminating telegram arrived success. Last your like the rest of this telegram,

report was coming. right and wrong unfortunately, this showed the attitude of his Chinese merchant community nurdught forward in passing a light wellens of the British-and others sontonce on the prisoner. Tho

at Moulan on May 12, lins been, acknowledged many position that the prisoner held

the signature looks like Francken. He replied to the incriminating over means he could. It was a His Lordship I asked because were dealt with by Dr. Nijhuis. cossful by any means and what Both of Shanghai he tried to be suc times. Old Shanghai' residents ought to havo deterred him from have gone home after spending committing such a crime as ho

ing, said that with regard to the instructions cannot be carried was a man of broad standards. The Crown Advocate, contin- telegram "Tam very sorry your very strong temptation. Accused the best of their years hero, and was accused of and ploaded guilty

particular telegram which hind out." That telegrani was not sent He was a fine large, hearty and have horne testimony to the strict to. Ang in his position ought

led to this case, there was a teleto Pitts but to Craig and Co. healthy man for an open-air life. 10,000 shares of Tls, 10 each.

Mr. Mnelood-Tis, 20,000 and integrity of the best type of na to have known bettor. Had ho

gram dated May 11, 1910, which That was tho answer to the iole Unfortunately, he was very sac- tive merchant Me (afterwards heen a poor, ignorant man, that

was put in, in the lower Court, gram signeil Francken. To the cossful, shortly after he came offer. He agreed that Mr. Craig Sir Ewen) Cameron, for so many might have been some excuse,

in various copies. There was the innocent telegram Dr. Nijhuis hero. And the temptation to make out offer to pay back a Mr. Wilkinson said that Mr. Craig did at one time make an years Manager of the local branch but the services to the community

March 23, 1910. of the Hongkong and Shanghai roferrod to by the Judgo wero nu

original as received by Dr. Nijhuis replied as follows: "There is no consider success, and whatever Bank, declared on his departure reason for the clamoney shown, meeting of the Provisional Direc, copy from the Cable office, and Hengst Sink Indrapoera of great justified, led him to do what he Pony that would close the My dear Craig. The informal at Medan, there was a cortiled doubt about it the report of Van was necessary to obtain success considerable amount to the Com- that he had never once hoen do- and it is doubtful, whether the tors held in your office lust evening there wasa draft in the landwrit- value. Resident (lo) hus allowed did. coived by a witive whom ho hand sentence passed on the prisonor; when you introduced us to Dr.ing of accused himself, with a note proference two months' mining trusted. There is no need to will be likely to deter such crimes Nijhuis, the owner and vendor of by Pitts, that he received it from rights prospecting 250,000 hect appeared on behalf of the man only objection that could be made. matter. Hocertainly did do that. Mr. Macleod said that he pile a Pelion of proof on this being committed in the future. the Estate, was most interesting, the accuse Exhibit 10 of the area oil tin total expenses amount who had found it no essary to was that the shares at that time Mr. Macleod continued that the Ossa of fact. The Shanghai of

and if the bi-products of the exhibits put in, in the lower Court, about Rupees (Guilders) 750, come before His Lordship and on to-day may take it for granted that the general tono of this

Estate are anything like what they was a memo' on Craig & Co.'s must have consent of, Nijhuis," being charged with committing Mr. Craig offered to pay Tls. were below par at inarket value, community in the past was one

are represented to bo, you certain office paper, of a copy of a That was tho telegram that accus- an offence against the laws of his 120,000, or the equivalont ip. of sterling integrity. If it

country, to admit that he had shares at par. What he was offering not been so neither the character

desired reply not having been man in that position was entitled the profit he himself had received. having come from Francken. The done so. He thought that any to return, in effect, was more than of the place or inatorial

sont this telegram was used for to a certain amount of sympathy Counsel thought that that show- position cont have. Geen what

the same purpose as the other and, for his pleading, respect. It od that his client's intention it. it was, or what it is ·

tologram would have been used, was, not his client's wish or his the time that he committed or Jas this enviable charactor

and placed before the Directors as own intention to belittle the took part in the commission of beer lost or is it in danger of

a telogram from Francken. Al-offonce that the defendant had this offence was not to obtain being lost? That is the ques

though that telegrain was placed committed, or to, ontor into a something to which he was not tion suggested by the strictures

before the Directors as a tele-number of excuses for him or for entitled" or to defraud anyone. of the Chief Justice. We nood

gram from Franckon, the ac- what he had done. The Crown But his intention was, as the not onlargo on the seriousness of it. It ents at the vory root of

knowledgment showed that they Advocato liad also mentioned this, Crown Advocate had put it, to our character and life. Neither

Craig & Co., dated the 13th they from Dr. Nijhuis himself and which he had not been able to soon as possible at that time. knew in Shanghai that it came that this was a conspiracy in obtain luis share of the profit as en we venture to speak dx cathe

stated wo have received a fur not from Francken. In reply find that Mr. Craig was a dupe Mr. Wilkinson had referred to dra and either allirm or deny in

ther cable from Francken, the to tones of adiporial infallibility,

nominee of Donaldson and Bur-cabled to Dr. Nijhuis "Mining responsiblo. Pitts not being in that it might have been very that telegram accused or that the otlier man was more the rubber boom and the foot We can but state u definf, and that is briefly this, thus the great

kinshaw, dated yesterday from rights, I will agree. Please Shanghai, it was not the intention important for Mr. Craig to get "Heart of the community is just as

(Sgd), Jolin Liddell,

Medan.' The Minute book of obtain on behalf of Company. of his client or himself to sig- the shares at that time. It was anxious for the honour of its good

Slanghi, March-23, 1910 following entry "Atologram of May 11 with regard to manu-ponsible for any share of the the question whether his client. To this accused replied: the Directors also contained the Awaiting reply to our talegram gest that he was, particularly res- unnecessary for him to go to mmo, just as determined to follow the old path of probity,

for your letter of this date. quines of Donaldson and Burkin-placed before the Directors read and counsel folt it his duty, to would be enough and sufficient

My dear Liddell,Many thanks received from Mr. Franckon, gery." The Francken tologram blame. However, it was neconsury, rectitudo, and virtue as ever it

think your suggestion is excellent shaw, was placed upon this table, as though the mining rights were place the matter before his Ford-for counsel that shares wore fall had previously sold shares. It was. At the same time it must tign which would have been dealt that we have an independent and informed the secretaries that in the hands of Dr. Nijhuis, from ship so that he should understanding in price and Afr. Craig would bo admitted that within tho,past with under the healing of motivo report made as soon as possiblo-without doubt Mr. Van Hongat's whom they could be got, whereas and appreciate the circumstances he naturally desirous of realizing store of year's, and especially due-for the reason for the com-and so soon as the directors, inect report re the 'Sink ostaten was the acknowledgment of this which led to the souding of this some part of that and at a timo telegram in regard to mining telegram which was the offence, when the shares would be worth foreign community hore has

be acted upon. After all, we are 13Mr. Craig replied to Dr. Nijhuis rights was direct from accused to His Lordship had heard most of more. That included all the changel enormously; and it is

all able to be taken in," and I, on the subject of the mining rights, Dr. Nijhuis. In the letters of the details from the Crown Ad-details and surrounding circums possible that there-bus-boon a

for one, shall be only too anxious and this disposed of the conclu accused to Dr. Nijhuis confirming vocate and it was with only one stances, that he thought it grouter proportional influx of that

to have some one we can relysion which at one time it was at telegrams sent and received it was part of those detúils that counsel necessary to put before his undesirable, yet inevitable; par

upon, to make a report upon the tempted to set up, that the tele-of interest that although copies of wished to deal. Mr. Wilkinson Lordship. The rest that coun asitic section which is to be found

property. in all great cities. We need not

gram just read was not from all other telegrams of the samo had already made it clear that lie sel desired to say directly con woll on the dire effects of

Yours sincerely. Nijhuis, but meant that Nijhuis' period were given, no reference did not suggest that Mr. Craig cerned what his client lind that speculation on which so

(Sgd) H. J. Craig.'. consent must be obtained: This was made to any telogram of was trying to get something he undergone, his position generally, many will point

On March 30, at the very first claim, was also negatived by the his own, or others sent on May night not otherwise have got. and certain aspects of the offence A' moral."

meeting of the Board of Directors, entry on accused's own office 11. In the letter of May 28 was Couusol thought that he was en- and what had taken place since. The Chief Justicg said that

thoro was a Minuto which showed paper, that the tologram was from a confirmation of the telegrum re-titled to put it to his Lordship He submitted, and he thought his thore is a fatal inclination in

that they had come to the follow- Nijhuis, and subsequent con- garding the managers, The case more strongly than that, that he Lordship would agree with him this society, hero to slur over

ing conclusion. uny lapse from cummorcial up-

firmations from accused and Pitts. for the Crown in the lower Court, was at that time endeavouring to that it must be so, that from rightness." With this we cannot as equinsel knew there were not and Co. to Tessalaar, Dr. Nijhuing Dr. Nijlis to telegraph cer- had the grace to save the time of law he was entitled. His Lord time that his client heard of the Letters written by Craig The incriminating telegram ask the case for which accused had get shares and money to which in August until now, that from the agree. That inclination may be any persons who were wise, except sn Donaldson and Burkinshaw tain statements without using his this Court, was not that ho con- ship could see from the agreement receipt of Mr. Mackenzie's report with a few a very few. In deal those who had the one wisdom io; the 24th instant were placed own nanio, was sent away by spired to obtain money which that so soon as the estates were that the estate was very much ing with the question of the com- not to deal in shares at all. Dur- before the Directors, and after Pitts at 3.55 p.m. on May 11. And might never have been due to transferred to the Dutch Company less valuable, his client had an anercial morality of Shanghai Siring that time it was not necessary a long discussion it was decided innocent telegrami, referring to

dergone a great deal. Havilland de Saumarez should oven for a company to be incor- that the Secretaries should cable the question of engaging mana- ronombor that he is making those porated before its shares wore to Donaldson and Burkinslinw so gera, was dispatched at 3 p.m. remarks on an international com- being talked about and dealt in. soon as the letter of this firm the same day by accused. munity, and not only the subjects He had known instances himself arrives and request them to pro-His Lordship-Perhaps you had of los own nation. Shanghai, as whore the very document on cure an expert to go to the Siak botter read the telegrams. n commorcial community, al- which people applied for shares, estates and make an independent though it has been referred to as and said that they wished to have report upon them, and to ask cable in question which referred The Crown Advocate read the "a sink of iniquity," has nevor them, without knowing whether Donaldson and Burkinshaw to Dr. Nijhuis to accused's letter of heen stigmatized as immoral they were going to let them, was cable the company the results as March 24, and asked him whether commercially. There ar no dealt with as if it wore scrip. soon as his report is made." The he had arranged for nunnagers. doubt black shoop amongst the These matters were common know Directors naturally supposed that He was to tolograph as soon as which they might not otherwise Company had boon transferred, Hook, but they are fow and ledge. As to the documents in that was done. Donaldson and possible what had been done as have obtained. It was not a con- they were in law bound to pay far between. Shanghai certain this caso, it was necessary to refer Barkinshaw worofthe Company's tho Directors were anxious to have spiracy to put off on the Directora Craig & Co., Ld. That was the ly did lose its head somewhat to the state of the share market lawyers at Singapore. The Dir-overything arranged satisfactorily un estate which might or might state of the rights of the parties during the rubber booni, and as communicated between the ectore not hearing anything about as promptly as possible. That not prove remunerative, but with at the time this circular contain there were perhaps not a low parties, and as it might have been tho roport from time to time made telegram and the incriminating reckless criminality, regardless of ing the false telegram was air shady tricks perpetrated, but we taken to have influenced, their inquiries, and no report was telegram, were received by Dr. whether there might be a good culated. It was very true that the There was very little to choosƏ do not think those wore symp action. In a letter from Pitts to forthcoming. The documents in Nijhuis at Medan the following report or a bad one, he sought to Directors were very desirous of between the teams, and after a fine tomatic of the commercial morals. Dr. Nijhuis, dated April 11, ho this case had been gone through day, and among the exhibits hasten the completion of the having an independent report, display of football the first half of the community. Sir Havil said "the market is not so good with great care, and neither coun they found that accused had been agreement, Accused probably It was also true that they had ended in no score being registered.. land also saga: "In a

com- as it was when you left, and I do sol nor his learned friend could informed by Pitts that Dr. thought that the estate would turn inquired, for it, and it was The second half was also of a fost munity such as this (Shanghai), not consider it will hold good find any lotter, telegram or any Nijhuis was at Medan, because it out to be a good one which exists innly for the pur much longer." In a letter datod other document showing that any was to Pitts that he telegraphed the case for the Crown whether Marshall that this telegram which ing the Monmouth forwards made It was not clear from the evidence of Dr. character, and soon after resum pose of trade in a foreign land, April 14 also from Pitts to Dr. attempt had been made by the his movements. The incriminat-ho did or did not think that. The was represented to have como a beautiful run down and scored I cannot but fool that such neg Nijhuis, Pitts wrote "the share Secretarios of the Siak Indrapoera ing tolegram read as follows: (in case for tlie Crewn was that he from Francken had very largely the first puid only goal of tho lect of respect for commercial market is not so good now as Concessions, Messrs. Craig and code) "have not yet received re-conspired with Pitts, to soo influenced his mind in giving the game. After this goal the game. uprightness must have a very when you were here, and has Co., to obtain this report. After port confirming particulars pro- that they got thoir money and vendor his shares and the balance became exciting, and theFloramen Borious effect upon those with decreased considerably during that meeting written instruc- spectus Sink Indrapoora from shares. His Lordship knew the of the cash. In law, according to made many attempts to equalise, whom we live, in their estima this last week." On Muy 5 Pitts tiens were given to Dr. Nijhuis, catato to satisfy directors every state of rubber shares at that the agreement, the Company was with no result. The Monmouth tion of our character as a com- wrote "at the prosent time the who was then in Shanghai, to thing is in order before vendors time. Accused quite undersfoot, liable to land that money and the forwards then made another rush. mercial mation and of the faith Shanghai market has practically do cortain things on behalf of the (we) can receive payment and for and know the state of the share shures to the vendors. Thoro was down with the hopes of scoring a which ought to be placed upon collapsed, and there is some difli Company, and although Mr.your private information only market, Pitts also knew it quite no attempt on the part of Mr. second goal, and this resulted in upright morchiants carrying on culty in obtaining subscriptious Liddell's letter had been written plaasotolographus as follows with well. Counsel had looked through Craig to obtain what was not his. a corner. This also resulted in trade in country such as for now companios as they and replied to the day before, out your name as souder: Craig all these documents, and after Counsel suggested that it would no score and the gamo endod this." It would com from are getting tired of rubber, which there was no mention of the in- and Co., Ld.,Siak Indrapoera have looking through all the genuine be absurd to raise any suspicion in a win for the Monmouth by those remarks that Six Havil: ban boen, as I prodleted, overs, dependent report in Dr Nijhuis inapooted estates Para good condla, documents in the gaes he could of that, because Mr, Craig was one goal to mil

ٹھا

ing the last half of that time, the mission of this misdemeanour officially your suggestion should of the groutest value." On May

with which accused was charged. The date of Incorporation of the Siak. Company was March, 20, 1910. Sharos were issued to the general public on April 13 and 14. But the settlement between Craig and Co. (the vendors) and the Company, was not mado until May 16. The question of the de lay had now to be dealt with. At this time many rubber companios were floated in Shang- hai and unfortunately, Shanghai ontirely lost its head;

So fur

him, but that he conspired with and so soon as the shares in the Pitts-the Directors then being Dutch Company were transferred somewhat anxious as regards the to the Siak Company, the vendors, he conspired with Pitts at that titled to receive the balance of estate and the receipt of the report Mesars, Craig & Co., Ld. were on moment to have a telegram of the purchase price payable. It would hasten and make sure the that the Directors had been ad- this sort arranged for, which was also clear from the minutes completion of this agreement, vised that so soon as they heard and the payment to him and to that the estates, had been trans- Pitts of the money and shares forred, and the sharesof the Dutch

...

Maclood had stated that prisoner His Lordship said that Mr.

Mackenzie's report. was responsible for getting Mr,

FOOTBALL.

NAVY LEAGUE COM- PETITION.

team met the HMS. Flora Topro sentatives in the big ships' league The H.M.S. Monmouth football

competition on the Naval Ground at Happy Valley,

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