1911-04-14 — Page 4

140

SUPREME COURT.

THE HONGKONG JUT-

CHERY CASE"

Mr. M. W. Slado, K.C., instruct od by Mr. J. H. Gardiner, appeared for the plaintiff and Mr. Eldon Potter, instructed by Mr. C. E. H. Beavie, of Messrs. Wilkinson and Grist, was for the defendant.

Defendant's cross-examination was continued.

THE

Mr.. Slado--If that's correct, you must have received some sort of an account from Tang Kee or the butchory showing that.

Dafondant-l'vo no account whatever showing the $15.

His Lordship It must appear the Butchery Company's books, The business is still running.

Dofondant-It might. I don't'

know.

over

Mr.Potter-Sometimes, it's better not to. (Laughitor).

080.'.

1

HONGKONG

somo time, defendant stated ho could not give an explanation:

Mr. Sludo-Thore are other books, I suggest, which have been suppressed which showed that the business of the company was an uncommonly profitablo ono?

Defondant-There are no other

books, my Lord.

bank.

TELEGRAPH

K.C.C. DINNER.

FRIDAY

AN ENJOYABLE FUNCTION

APRIL 14 1911

DETAILS OF LATEST SHANGHAI SMASH.

The Neo Shou-yuan Bank,

him and diffident becauso, othor THE BIG BANK FAILURE HS.H. PRINCE LEOPOLD clubs being prasaht, he could not

OF BATTENBERG. so why the Kowloon Bowling Greon Club in particular should

Sunday by the 8,8. Empiro thero arrived in Hongkong, His Tho first public dinner to be be asked to reply. Clubs were The case was resumed before

hold in the commodious promises the mainstay of life in the Far

Serene Highness Princo Leo- pold of Battenborg. Princo his Lordship the Chief Justico,

of the Station Hotel, Kowloon, East (Hoar, hoor). Life was com

youre of Sir Francis Piggott, at tho-Su-in

took place on Saturday night on posed of smiles and tears, sun- established by H. E. Li Ching- Leopold is only 22 the occasion of the Kowloon shine and rain, shadows and tsou ( very close relation to the age but for the last five yours lo promo Court Saturday morning,

Mr. Stade-Thon where did Cricket Club's annual function bright lining to the clouds, tato Li Hung-chang), and Zai los bean engaged in a savoro in which John Tatam, runner of

those materials como from?

About 50 people sat down to din- The tears generally come in (formerly compradoro of a well struggle against ill health. Un- the King Edward Hotel, is sock-

Mr. Blade Surely you must

nor. A prontinent feature of the the course of the day's work, known British Bank) the former fortunately His Serene Highness Defendant-I have already said decorations was an arrangement But the tenra

bocaine dried having soven-tenths of the shares had not improved on his way up ing for accounts to bo takon in con- have receipts. Do you know what that if I had kept the books from of bats and wickets on a raised and the clouds dispersed whon and the latter three-tenths, which from Australia, and on arrival în nection with the Hongkong But your income is?...

day to day, I might have boon platform directly boltind the they met together and fraternized recently failed at Shanghai as al-Hongkong his medical advisors chery Company since September, Defendant-From my salary? Table to toll you. All I

Chairman, surmounted by the as they did that evening. The ready reported by us, had its pre-declared it inadvisable that he 1804, as against Frederick Ho- Mr. Slade-I don't want to pry can say is that I received the striking words "Our Peaceful Clubs in Hongkong were well unises first situated at Nanking should go ashore. It lind beon well, haad bailiff of the Supreme into your private affairs. I simply money from time to time and Weapons, emblematic of the supported by the youth of the and Wahu.

arranged that if all was well Court, the appointment of a Rowant to know whether you keep conscientiously paid it into the Club. Mr. Stewart, Chairman Colony. The old sport of cricketOn account of the recent strinho should stay at Government ceiver and for further or other any record.

of the Club, presided in the un was supported by almost every gency of the money market in Houso. Instead of that, it has Defendant-No record what' rolicí.

At this stogo, dofondant was avoidable absence through indis Englishman the world over and Shanghai, the Bank was often now hoon decided that ho travel naked whether ho could answer a position of Sir Iformusjes Mody, the Englishmen of the Colony short of money and was savern right on to Japan. certain question with regard to Prosilout of the Club.

were not behind in that manner. times relieved and supported |___Probably, to, the miserable" the accounts.

After full justice had boon done That was whore his nervousness by the Communications Bank wonther we trooxperiencing in the Mr. Slado-Surely, Mr. Howell,

by came in Laughlor)-he foured he (ostablished

the Board Colony had something to do with Defendant-I shall be vory to a sumptuous repast, which was you must have soon inserted the pleased to do so if Counsel would rondorel doubly attractive by an might forgot to say what he of Posts and Communications) the change of arrangements at following words "Goods suppli-

artistically got-up menu, the wanted to say at the right mo The Noo Shou-yuan Bank is now the last momont. However, the was ment and he would probably get involved in bankruptay in con- young Prince was visited on board od, less so much, balanco $15.uggest some way of doing it.

Defondant-I don't reud Chin-

Mr. Slade (heatedly)-You sec tonst of "The King' here some paying-in slipa which proposed by the Chairman and up ut 4 or 5 o'clock in the mor- sequence of the vigorous investi- the steamer by His Excellency you obtained through the bank was responded to in the usualming and feel inclined to kick gations of the officials of the the Governor and Lady Lugard, himself for not remembering Communications Bank who found who expressed their regret at His Serono Higliness inability to and which you asked us to admit. loyal manner. In the same way that you havo Mr. John Lambert, Lloyd's what he had to say (Laughter). it insolvent.

On the 21st ult. ith branchios at visit Government Tlouse. been able to obtain these paying-Surveyor, proposed the toast of He hoped that the K. C. U. and in slips, sir, you could have done the "K.C.C." In doing so, he the Kowloon Bowling Green Club Tientsin and Poking suspended

said he was sorry ho was not would one day bo removed and payment,

A untivo high-class restaurant, more prepared for the task. Tho become one, where they could: multor had boon sprung upon have everything in common named Ya Hu-yuan, situated him at the last moment but That day was fast approaching in Chekiang Road, Shanghai, (ostablished by Tientsin mor

on receiving nothing gave him greater plea- (Applause). sure than to propose the health At this stage of the evening's chants), of the "K.0.0." "As a mombor of proceedings, Mesars, Harvey and from Tientsin that the northern military career which would add neighbouring Club and a Coin-Shroff, retired Chairman and Trea-branches wore bankrupt, sent Justre to the great renown which mitteo member of the Kowloon surer, respectively, of the Club, their representatives to the Nor the House of Battonborg has al Bowling Green Club, lio was wore presented with a smoking set Shou-yaan Bank to withdraw thoir roady won through generations After, further cross-oxamina- glad to see the K.C.O. prosper and a handsome pair of bino- deposits, but the manager of that of valiant service. Since then tion, his Lordship asked howing. He had been informed by culars, in appreciation of the bank inquired why they wanted he has roamed the world, and anymore witnesses there were. the Secretary that the Club was services rendered to the Club. to tako out their money when has had the services of skilful Mr. Potter--Four, my Lord, in a much better position than The recipients acknowledged the there were so many transactions going on between them in past His Lordship-There are in- last year. He was not in a posi- gifts in suitable terms. portant questions in the casa. tion to be posted in the statistics The toast of "Our Guests" years. They then asked the man- How long will you take, Mr. of the Club but all of them could was proposed during the evening ager if he was not informed of Slade?

not but feel gratified to hear the and responded to by Mr. G. T. the bankruptcy in the North, and Secretary speak of the Club's bot Lloyd. Later in the oven Shanghai took any stops to safe- if he was, whether the bank in tor position. He would like to Mr. Foud submitted the health of that Dr. Swan, the founder of the the toust being enthusiastically mention tlio fact that he felt sure the Chairman in a humorous vein,

Club, would have heen vory received. proud to have been present that' Songs and recitations inter- evening, see the large gathering spersed the ovoning's programino, presont and also to know of the those obliging including Messrs. success of the Club. The Club had Oxberry, Annesley, Jeffries, Har of recent years mado large strides voy and Stewart..

Mr. Sludo-You were tolling us yesterday in answer to my friend that from the beginning of the Hongkong Butchery Company in January, 1897, you wore in the

habit of crossing cashed cheques?

Defendant-I did so, but I was rather hasty about it. On going

throught the pass-book, I find that I did not do so. My memory has had to go back 8 or 9 years

and I could not remember.

Mr. Slade When did you first begin doing this?

Dofondant-I see in my pass- book that on the 18th Novomber, 1004, that a choquo for $120 was paid and on the 21st a olioquo for $50 and on the 17th I soo cheques wore paid for $183.00 and $143.80.

Mr. Sinde-You've had, I believe, a good deal of experience of Chinese accounts?

Defondant-I know as much

as anybody in. this Court about

Chinoso nccounts.

Mr. Slate-Don't you know, Mr. Howell, that if lebit and credit are drawn up in Chinese Becounts, they would invar- iably show the debit balance?

Defendant-No, I don't. Mr. Slado-Among the wit nosses you are going to call, in there anybody who is going to verify your statement?

Defendant-1 know Tang Keo is going to be called but whether he's going to produce the books I cannot say..

Mr. Siade-Did not Mr. Tatam come back from America and remain pormanently in Colony?

tho

Mr. Slade Thoy are not ap- proximately the same amounts

Dofondant-No, I would give him cheques in round sums. The itom of $50 had nothing to do

Mr. Slude-And did ho not ask with the Hongkong Butchory Company but it concerned a soli-you, for the accounts? citor of the Colony.

His Lordship-Mr. Howell, we don't want to know anything ox- cept payments which were made to the Hongkong Butchory Company in return for those cheques,

Mr. Sindo-You say that you paid out to liim $120 and $60.

Defendant-No, I don't say that. On the 18th I paid him $120.

Mr. Slade-And then you paid

him $507

Defendant-No wait a minuto.

I may have paid him from my

own account.

Mr. Stade-When you received money, you did not pay back oxactly the same amount?

Defendant No. For example, if I received $207, I would givo him $270 and keep the balance myself.

His Lordship

Thon having rogard, to those complicated transactions, you must have kept

some record of them.

Defondant No, I have no records whatever.

His Lordship-It's not a ques- tion of your wanting a fow "dol. lars to keep in your own pockets. On 18th November you received $147.80. Surely, you must have- kept some record of it?

Defendant-Nono whatever. His Lordship Vory woll. Mr. Slade Can you trace that $50?

Defondant-I can show you the receipt for-

Mr. Slade-You owed a bill for November?

Defondant You

Defendant-Idon't know,

Mr. Potter-Tatam himself never suggested that.

Mr. Sindo--Ho said ho came back and interviewed Howell.

Mr.Potter-lle never suggested that nor was he asked about it,

'Dofondant-1 never saw him till Docomber, 1800.

Mr. Slade put it to you that, ho saw you in January of that your and ho pressed you for

accounts.

Mr. Potter-I understood it ali

along that he was away for two

yours.

Mr. Shade That exactly cor- responds with the two years from January, 1897, to January, 1899.

His Lordship-What Ï untler- Hlood the plaintiff to say was that ho was away for two years and I fancy he said that when he came back he asked for accounts.

Mr. Potter-It's quito pos- sible. Of course, I understand the position now, but everybody in this Court was under the im- pression that the first interview was on the 11th December, 1899. Mr. Slade-You anid that plaintiff was not entitled to the accounts.

Defendant-I did not. I mado out a copy of the accounts and handed it to him. I employed. Barker to make up the accounts. Mr. Slade-What did you pay him-$25?

Defendant--I can't say I sco that in June I paid him $25..

His Lordship-What was this mnn Barker":"

Defendant. He was accountant Mr. Slade What was, the in the Hongkong and Whampoa amount of the bill?

Dock Company. He used to come to my house and have drinks with mo.

Defendant $28.00. Mr. Slade-When was it paid? Defendant-On the 1st Novem- bor. The bill for October was $20.32.

Mr. Slado-It seems to me that this system of receiving and grossing cashed choques was initiated by your attorney?

Defondant-I can't say thint.." Mr. Slado-Whon did Tang Koo first suggest it to you?

Defendant-He said that the man who used to cash the cheques

before was dead.

His Lordship-When was it? Defendant-I don't remember, 'Mr. Blade-You've told us an- other thing that you received $15 a month from Tang Koo from 1895 onwards. Have you anything wherewith to verify your statement?

Defendant-Nothing whatever. Mr. Blade Again your word is unsupported.

His Lordship wish you would tell us what shin $15 was for.

Defendant-For rent.

Mr. Slade-When was Barker

first put on to the books?

Defendant-Within a month or

so of the closing of the Hongkong Butchery Company.

Mr. Slado-Opening.youcan? Defendant- Cortainly not; closing.

At this point, Counsel asked witheas to produce certain books

in connection with the accounts. Dofendant expressed his inability

to do Ro.

Mr. Slade-But, Mr. Howell, you are a strictly methodical man and you must liave kept accounta of the transactions. Suroly you have a record?

:

t

f

the other thing.

Mr. Potter-There's no need for my friend to address Mr. Howell in that way. He can easily find out for himself what

ho wants to know."

Mr. Slado-The suggestion that he did not know how to go about it is what amused mo.

Mr. Slade-About an hour and

o half.

Howoll will occupy the morning. Mr. Potter-Probably Mr.

mon jury caso on Monday.

Ilis Lordship-Thero's a com- Mr. Pottor-I know, my Lord, but this caso is more important than the contmon jury case. Both my friend and myself are engaged

in the case.

His Lordship The point

a

and had been transformed from

A most pleasant evening was

the old matshed in the corner brought to a close about the hour

is how are the jurors to bo into the handsome pavilion they of midnight. formed? Will the evening pa- had now erected. He would

Prince Leopold is a cousin of

His Majesty King George V. of England, and a brother of Queen Victoria of Spain. He was first stricken with illness just as he had been commissioned in the Britishy news army, and looked forward to a

bank, then requested. Mr. Pao guard the interests of its patrons. Ting Chia-arlı, manager of that Yi, Magistrato of the Mixed Court, to have him arrested, but Mr. Pao Yi replied that he had no power to try this case, and took the manager with him to the Shanghai Taolai's yomon to ask instructions how to deal with the

case.

per please mention that the like to refer on behalf of the HONGKONG LADIES'yung and Sun-Keng-ma, Mugis jurors will not be required on guests to the children's sports which were hold on every Now Monday?

NEWS FROM THE

NORTH,

The reporters present in Court Year's Day. Everybody was in- noted his Lordship's roquest and debted to the Olub for the the case was adjourned till Mon-manner in which the eports day at 11 a.m:

wore conducted, and the giving of prizes. Ifa. would also liko to refer to the patronage for which tho Club was

in- debled to His Excellency to Governor and Sir Hormuajes Mody. The latter, ho under- stood, was unable to be present through indisposition. He was. sure they all wished that Sir Hormusjeo would be restored to health and be spared for many years to come (Applause).

[Fnou "N.-C. DAILY NEWS."}

to the

-

RIFLE ASSOCIATION,

of the Hongkong Ladies Rifle The scores to date at the alioot Association are as follows:-

No. 1 Competition. Fifty Yards Scratch:-

Mrs. Wrigley 1 (31) Mrs. Jackman...... 2 (31) Mrs. L.. G. Bird....... 3 (30) No. 2. Competition. Filty Yards Handicap :-

Mrs: Dennys.... 1 (35) Miss Benbow

2. (35) Mrs. Walker.......... 3 (35) No. 3 Competition. Seventy Five Yards. Scratch-

Mrs Bird

I (31) Mrs, Koswick.............. 2.(30) Mrs. Dennys....... 3 (30) No 4 Compotition, Seventy Five Yards, Handicap:

Mrs. Wrigley.. 1 (34) Mrs. Lyddon.... -2 (34) Mra. Walker....... 3 (34). No. 5 Competition. Two Minutes, Fifty Yards, Scratch: 1 (71) 2 (70) 3. (05)

Scratch,

Misu.Bonbow

Mias Soth

. Mrs. Keswick

No. 6 Competition, Aggregate:

THE MANCHU DYNASTY. Peking, April 3.-In response to a memorial from General Yin Chung, Minister for War, who is known to have favoured hostili-

The Chairman saidy that Mr. ties during the.recont crisis, an Lambert had referred to Sir extraordinary Edict has been is Hormusjes's absence and it was sued, which gives the Prince therefore only right for him to Regent chief command of the read a letter received by him Chinese forces. The Edict oxfrom Sir Hormasjee regretting horts the Army to remember that his inability to bo present the Manchus conquered China and wishing success and havo maintained control for Club. He was sure he was three centuries owing to their voicing the sentiments of every military efficiency, which is body prosent when he said how China's only means of maintain- deeply they all regretted Sir ing national and domestic se- Hormusjoe's absence. The Club : curity. An inspiriting message had been successful, if not in has been forwarded privately to winning the League, at least for the troops.

the great interest members' took ATTACK ON A MISSIONARY. in the Club. During the coming Tsinanfa, April 2-The Rev. would appear on top of the win- year, he hoped the Club'e name Jolin Murray of the Americanning shield. The speaker referred Presbyterian Mission of this city, to tonnis and expressed his great Miss M. Loureiro... 1 (34) was attacked on March 28 by hopes tlust this year he would bo

No. 8 Competition, Highost ruffians a hundred li north of called forward to take the prizes, Number Bullsoges scored during Teinanfu, while on a journey. In the matter of the children's meeting:- He was wounded in the head, arms sports, they wore, undoubtedly a

Miss M. Loureiro... 1.(31) and legs and was badly besten. source of trouble to the Club but

Mrs. L. G. Bird 2 (20) The cause of the attack was a silly it gave them great pleasure to

Mrs. Wrigley 3 (23) atory in connexion with the entertain such a large number

No. 10 Competition. The O'Gor stealing of a child. Mr. Murray of the little onca.

man Cup, Filty and Seventy-five arrived last night under a Govern- Mr. Choo submitted the toast yards: ment escort and is now out of of "Other Clubs" The speaker

Mrs. Bird

1 (04) danger. His assailants have been pointed out the fact that they

No. 12 Competition, Blow and arrested. The Chinese officials find always received assistance Rapid: are showing themselves most from the Kowloon Bowling Green solicitous and efficient.

Club. The latter assisted them in every way possible. The K. C. C.generally managed to beat them at bowling (Laughter) but they had never, yet tackled them at cricket. He coupled with tho toast the name of Mr. Duncan. Milroy. The many friends of Mr. Duncan, in the course of a At this stage Counsel drew de- the genial sportsman will be happy little speech, said that he fondant's attention to certain bills glad to learn that he was able rono to speak with, a nervous fool sent to various parties and asked to be present at the closing ing and a certain amount witness where he had obtained cruise of the O. 1. O. on Sun- denos. Ha felt nervo

Captain A. H. Milroy, who has Dofondant As far as the boon seriously ill for some time, Hongkong Butchery Company has decided to take a trip down is concerned, there was no entry to Australia and New Zealand one way or the other. One cheque He will be accompanied by Mrs. counteracts another.

the material which led him to day. He goes away with the he did not fool he

d)

sand ile billa in question. After good wishes of a host of friends, ta do justloo to

Miss M. Loureiro... 1 (127) Mrs. L. G. Bird ... 2 (120) Mrs. Wrigley...... 3 (120) ! No. Compotition, Jockey

Club Clintonge Cup.

"

· Miss Loureiro ..............: 1 (44) Mian Benbow...

2.(44), Mrs. Koawick ... 3 (41) The Consolation shoot had not been fired off before we went to press, at det

The prizegiving took place at 4.30 pan., in the presence of a large number of spectators. Mrs. Anderson undertook the pleasant

'duty

and faithful officials, in an effort to regain his health. The Prince's extendod visit to Australia had not unfortunately brought the 20- lief that he and his physicians the steamer in Manila either. expected, and he did not leave

In Manila, a representativo of: pital Service called on board the the United States Marine Hos- Empire to. proffer the services of his corpa, and was graciously received by His Highness, who in declining thanked him for the courtesy, and stated that he was being attended by his private physician,

The British and Spanieli con- Messrs. Kwoi Olun; Tien Pan- suls general, in Manila, however,

tratos of the native city and Mixed government called officially on with representatives of the local.

Court, respectively, were appoint- [ Prince Loopold and welcomed him od by the Shanghai Taotai to to the port, expressing the regrets Bank; as a result of their in- would not be able to stand the investigate the accounts of that of the people of Manila that he

vestigations, they found that it strain of the series of entertain- possessed only seven thousand ments planned for him, Luole in cash. All the accounts books have been sent to the Chi- nese Chamber of Commerce.

It is reported that the liabilities amount to over ton million tools and that the majority of the do- positors are Chinese officials; no foreignors are involved.

THE PLAGUE.

LAWN TENNIS. Further games of tennis were played Friday afternoon on the Cricket Ground in connection with the tournament and resulted

as follows:

Front "A" Championship. Captain G. A. Addison R, E., beat C. H. Rose, 6-2; 6-2; 4-0; 6-4,

C. T. Hoso boat. Major. F. J. Hunter, A. O. D., 6-3: 8-61, 3-0: 6-4,

.6-3.

Event "B" Single Handicap

B. Class

C. B. Johnson (owes 15) beat Lieut. Collie Brown, K.O.Y.LL, 6-3; 0-6: 0-3.

Moukdon, 17th March-The American Delegates are here and aro holding important postmortem examinations at the plague hos

Event "B" Single Handicap pital; and although everything is Cinss, done with all possible care and

AR Fisher R. N. (owes 30) reverence, stories are beginning bont H. Griffin, (owes 15), 6-2; to go round and the people are a little unoasy. The native press should do its duty at this time and see that no misleading stories are circulated through its medium. It might enlighten the populace greatly, and set their minde at rest by telling the simple truth, and saying that many remedies, which now save thou sands of lives, ware only found out after much careful research. For example, China no enjoys the bereits of smallpox vaccine, which saves millions of her people, and the bubonio gerus having been discovered a remedy was soon found.

Doubles Handicap A. Class... Dr. Aubrey and A. O E, El- borough (owes 15) beat C. Will- son and E. I. Hallifax (owes 30),

3: 3—6: 8—1,

R. F. C. Hedgeland and A. R. Sutherland (awes 30) bout Lieut. Col, Stoopole and Captain Ad- dison (owes 30), 6-1; 6-4.

CHINESE, AND JAPANESE COMPETITION:

The Chinese Government, with praiseworthy promptitude, invited In the House of Commons on the best plague scientista to moot the 8th júltimo, Mr. Hunt asked in this city, and now this mast the Prime Minister whether in not be spoiled by any foolishness view of the fact that Japan and on the part of the people who China were new manufacturing havo, on the whole, behaved so nations and wore increasing the well, hitherto, during this crisis,number and size of their manufat despite the attempts of somo turing industries ovary year, and secret agents to stir up trouble, that their people would work on so as to involve the officials, to the average for a few pence a day, were striving hard to save their he proposed to take stops to pro- people,

teot our own working pooplo and The donturato yosterday was thote wages from the importation only four, --"Chin Carotte. --- of competing goods made by that

ohe

Jaily Lugard proceeds on a visit to Japon on May the 20-1, sho

by Bis Ex - The meeting hina shown, that cellency the Governor will pro ossess a “bably attend the Dehli Durti

the Coronation festivizos.