:
SUPREME COURT.
HONGKONG BUTCHERY
CASE,
Before his Lordship the Chief Justico, Sir Francis Piggott, at the Supreme Court Monday morning; the case was rosumed in which Joli Tatam, runner of the King Edward Hotel, is sooking for tho taking of accounts of the receipts and disbursements of the Hong- kong Butchery Company inco 24th September, 1896, and for further or other relief. Mr. M. W. Slado, K.C., hatructed by Mr. J. II. Gardiner, appeared for the plaintiff and Mr. Eldon Pottor, in- structed by Mr. C.-1.-1. Boavis, of Messrs. Wilkinson and Grist, was for the dofondant."
Dolondant's cross-examination" was continued.
Mr. Slade-You told us that on November 17th, 1904, you paid. in $143.80.
Defondant-Do you moan No.
1 or No. 2 necount?
Mr. Slado No. II think. Defondnut-Yes, I did."
Mr. Shudde-You believed that they were crossed cheques for the Butchery Company?
Defondant-I didn't say that,
I said I guessoil so.
THE
HONGKONG TELEGRAPH
His Lordship-The order of They were paid in March by September, 1007, was a definite Yuen Chung. order.
Defendant-Yes,
His Lordship-In September, 1007, you wrote a letter for tho Butchery Company souding an order?
Defendant-I was asked to writo the lotter.
His Lordship-Was the lottor written at the same time that Tang Kes ordered the butter or what?
Mr. Slado-At the foot of the lotteryou gave him a code. It it was not a bogus order giving Johnson 5
per cent. discount, you would not have taken the troublo of specifying a code?
Defendant-Yes, I did do it.' Mr. Slado-If it merely a business letter, why did you intro- ducen personal element? The way the letter is worded is supplying
us", and draw on "no sonally for the amount.
per-
Dofendunt-Yon, Mr. Slade That's the wording of it?
Defendant-Yes, I see that's the wording of it..
Mr. Sinde-Don't you remem- bor that the Hongkong Butchery Company did soll buttor got from America?
all.
Defendant-know nothing at
Mr. Slide This advertisement
'-
Mr. Sindo-Turn up Feb, and, sco if Yuen Chung paid you anything?
February was paid in March.
Defoudant-Yes, the money for
the cash-book when the amount Mr. Slade Thon ontorod in
was paid?
me..
Dofondant-I presume so. Mr Slade-Exactly. It was prid to you?
Defendant-It was not paid to
It was paid to Tatàm. Mr. Sinde-Very well, it was paid to the Butchery Company Then you have commission or February amounting to $189.20.
seem to correspond! It's curious none of these figures Defendant They can't. It's impossible,
Flis Lordship-Why? Defendant-We are working backwards. Mr. Slade is putting a month back instead of working on the books themsolves... He mixes up the accounts. *4
Mr. Slade-What was the com- mission for July?.... Dafondant $131.08.
His Lordship-And Bulos? Defendant-NII. Mr. Slado-Thiore are no outrios for salos?
Defondant-No.
Mr. Slado-When cheques wore
Mr. Slade-Exactly. You bois copied from the Hongkong not paid, how were the amounts
lievod so.
Dofondant-YOR.
Mr. Stado-And Oa
that
account you paid $120 the next day?
Dofondant-Yos.
Mr. Slado We'vo; obtained some of the books from the bank, On those books appear the names Jones, Clarot and Moss,
Dofendant-You.
Mr. Sindo--Is Clare the name of a person,
-
Dafondant-Yos, he was 'em ployed in the Electric Light Uompany.
Mr. Slade-Did he have u account with the Hongkong But- chory Company?
Daferlant-Yes, he tapk goods and paid. choques. He was
runing a mess for the Electriu Qumpany
!
His Loudship With regard to this particular question, your rem irk can only bɔ cmsidorod a suggestion.
Procooding, his Lordship said on checking the figures ho found them correct.
-
Mr. Slado-Oli, yes, I'm very 'glad to have then verified. fortunately, wo riven't got the other slips. Frankly, I may say that in this case, we have received no assistines from the other side.
Mr. Potter-Oh!
Mr. Stade They've got all the datos. We've got nothing at all.
His Lordship-Thore's still tine.
4
Tolograph" of 22nd November, paid?
1897, I haven't got is copy but it ;. Defendant-I cannot say.
1
can be verified at the City Hall. never paid in notes. Those It would appear just about accounts were drawn up after the the time that the butter would bo business was closed and after I imported. The advertisement had left. read "Just landed from 8.8.! "China" American butter, $1.00 por roll." Has that any con- noction with Johnson?
Dofendant-I don't know. His Lordship-It secuit to me, Mr. Howell, it has some connection with Johnson.
Defendant-Very probably. At this point, Counsel precood- ad to real another advertisement appearing in the "Hongkong Telegraph" of the 10th Septem- ber, 1904, regarding the sailing of the sis. "China." (To defend- ant-Johnson would be on board
at the time?
Defendant-Yes, he was stow and on the ship.
Mr. Slado-At that time a lotter must have been handed to him?
Defondant-Yes.
Mr. Shade frends letter)-After tliat, do you still assert that it was a purely formal lottor?
Defendant-Yos.
Mr. Slade-And not an illicit letter purporting to give him 5, por cont. discount?
Dofondant-No.
Mr. Slado-The latter was not improper?
Defendant-It wasn't improper. Johnson was a broker and he was ontitled to the discount.
Mr. Slado-Yes, my Lord. Mr. Slado What was the (To defendant)-Another thing I amount of the commission paid by asked you was that payments, Yuan Chung up to Dec., 1806? wore mule to the Hongkong Defendant-This is taken from Butchery after January 1st, 1897, a book which shows the commis- I soo by a slip here that there wassions from month to month. From a choque marked Armstrong, that date there was no further Was that in payment of the But commission. Commissions were
chory account?
Defendant-No.
Mr. Slade-Butter was import od for the Butchery?
Dafondant-Yes, but the butter was bad, not being of the quality required.
Mr. Slade Did you put in a claim against the suppliers?
Dafondant-No,, ··
Mr. Slado-You obtained the butter from Jolmson?
Defendant-No, through John-
800.
Mr. Slude-You lost $400 on the butter?
Defondant-Yes.
Mr. Sindo-Did you take any stops to recover that from any body?
Defendant-No, Johnson,, de- partod for San Francisco shortly, afterwards.
paid from month to month up to The ond of August. From that date there were no commissions.
Mr. Slade-Will you turn up the cash-book?
Dafendant-You Mr. Slade-Look up the come mission for January,
Defendant did so and after a moment Raid-Your question is misleading.
Mr. Sludo-Is it? Defendant-Yes. Mr. Sinde-Perlips you might say why?
Defendant-If the books had bean kopt properly I would be able to show you in a moment. The total amount of the commis sions is $328.15.
Mr. Slade That's entered in December?
Defendant-Which would be paid in January.
2
Mr. Stado-Saroly you can. give some explanation.
Defendant tell you I can't explain. Sometimes the sccounts wore paid from vouchers.
His Lordship-Thion you do know something about it.
Defendant-I know nothing about it.
Mr. Slado-But you said just now that the amounts were paid from vouchers..
audible.
Defendant's answer was in-
that you received all those odd. Mr. Slado-Do you mean to say suns and you kept no accounts of them whatever?
Defondant-I kept mainos. Mr. Slade The books were in, your house and under your charge. Defendant-Thoy were under my chargo inasmuch as I handed thou ovor to Barker to properly makeup the accounts.
Mr. Slade-Why did you not properly enter the accounts into the Butchery books?
Defendant-I can't say.
Mr. Slade-It has been aliowa conclusively from the accounts paid but you were month by that the amounts were not only. inonth consistently over-paid.
you?
Mr. Potter-You think that, do
Defendant-I'm not a compé
tont accountant.
Mr. Slade-Not a competent accountant?
to
Defendant-l'm sorry I'm not. Mr. Potter-He doesn't
be competent aut profess
Mr. Slude-Neither do I.
I
+
Mr. Potter-It would a rather. ant without a long training, difficult to be a competent account should imagine.
I
Mr. Slade-I don't quite under stand how you sometimes paid more than you received and some times loss than you received. Mr. Potter-My friend has not asked him whether he received
the amounts.
Mr. Slade-I believe he luas ad mitted it.
fully rofrained from asking him. Mr. Potter My friend has care Mr. Slade-l'in euro I'm giving Mr. Howell every opportunity to give an explanation.
must see the way the question is Mr. Potter-Your Lordship
being put to him: You received the money, you received more and so. forth?
Mr. Slade-Look at that letter. Do you mean to say that that was Mr. Slade That's for sales. Defendant-I received nothing. not an order on the Hongkong, How about commission? Butchery Company..
I cannot explain the accounts, Defendant-I cannot say. I Tatan kept the books and he is Defendant-I say it was not an can merely guess. order on the Hongkong.Butchery books been kept properly as figures.
And those the only man who can explain the Company.
they should havo bien, I would be able to tell you in a moment. you to mean that you took no His Lordship-Do I understand Mr. Slado-There's the book. care whatever of the accounts? fa any commission entered?
1 Defendant-I took the money Defendant-As far as I can and when lie wanted money I sea, there's no commission up to paid him by olcque. the end of February.
Mr. Slade Turn to March. Is you to say that you took monthly His Lordship understood there any commission entered overhaule? for February
thing was wrong.
Defendant--I found that some
Mr. Blade-Although it's the Homo man who supplied butter to the Butchery before?
Dofondant Yes..
His Lordship-I gathered from the letter to Jelinson that it was to enable him to obtain 5 por cont. discount
Defendant That's 50. His Lordship Then it that was done it was done once for
it was done
Defendant Yes, 8128 odd. On March 18th, 1 500 - 8476.41 was paid and $300, making total of $778, but it 18, not slated what the amounia are for
His Lordship Did you take any steps?
Defendant I called a meeting
FRIDAY
Mr. Slado-This was your house-account?
Dofendant-But this is a thing which Tatom had. This cash- book was not made up at the time. Mr. Slade But there must have been some accounts mado
up to show the accounts in June.
Defendant-They were not scon by me.
APRIL 14
YACHTING.
CORINTHIANS CLOSING:
CRUISE
POOR SAILING ON SUNDAY,
For the first time for several years the Corinthian Yacht Club hold its closing cruise off the Club House, and the spectators on Sunday were numerous in con- sequence.
1
1011
hor with such handsome prizes for which she had done nothing oxcopt that which was a pleasure to bor to do. Sho always felt it on honour to attend at the Club. and giveaway what did not bolong to her.
SPORT
THE V.RO. MEETING.
The fourteenth athletic meeting of the V.R.C., hold under the laws of the A.A.A., took place Saturday at Happy Valley The patrons Com-were His Excellency Sir F. Lugard,
Tho proceedings onded with ehoers for Mrs. Clark, the modoro and the Ladies.
SMOKING CONCERT,
K.C.M.G., O.B., D.S.O., Vice- Admiral Sir A, L. Winsloo, KC.B., C.V.O., O.M.G., H.E. Major Gene-. ral C. A. Anderson, C.B., Com- modoro C. J. Eyres, R.N.
The Judges were Messrs. W.
A smoking concert took place were not ideal. It was still and at the C... on Saturday even- very warm and in consequancong, the Commodore presiding. Armstrong, W. A. Orako, T. E. racing was not very intorusting. Several local gentlemen contri-Pearce, H. L. O. Garrett, R. L. buted to the evening's programme. Bridger, A. McKirdy, I. A. Mao However, the day passed off very. The principal feature was the kintosh, A. Rodger, J. Rodger, pleasantly, and the array of prizos
Mr. Slade-Are you such an innocent person that you allowed those large accounts to be at the
f Tho climatic conditions from mercy of the people without mak- ing any attempt whatsoororto con the yachtsman's point of view trol them? You had only a fow figures to check and you did not even take the trouble of inves tigating them?
His Lordship Mr. Howell, these accounts which have been investigated now show differences and discrepancies. If you had investigated them, they would love. slowa the same dis crepancios.
Ar
"
Defendant-They may have. Mr. Slade-Yon moan to say that though Barker worked in your house, ho did not inquiro of you in case of difficulty?.
Defendant-I can't remember. I was out during the day, and defendant worked on the books.
Mr. Slade-I thought you had said that he came after working
by the Hongkong and Whampoa Defendant-He was employed Dook Company and worked at come to see me in the morning Abardeon. He would sometimes anl sometimes at night.
Mr. Slado-You never checked
hours?..
t
1
The weather was most favour
was omplintic evidence of the presentation of a handsome clock, Dr. C. Forsyth, A. Ni-Kemp. strength of the club and the in- coins and barometer, in a Referco: Mr. G. A. Caldwell. terest taken by members.in the feather caso, to Mr. G. G. Wood Clerks of the Course: Messrs.
(vico-commodore). It bears the L. E.. Lammort, A E. Dunriol,.. varions compalitions."
woro-Com- following inscription:-"Pro R. C. Witchell, A. Charlton The officials modoro Dr. F. Clark; Vico sonted to G. G. Wood, Esq., Vice G. W, Avonoll. Starters: Mesars. Commodoro, Mr. G. G. Wood; Commodore of the O.F.C., by the A. I. Sutherland, J. He Mead. Hon. Treasurer, Mr. R. P membors, as a mark of esteem. Time-keepers: Messrs. T. Meck, Phillips: Hon. Secretary, Mr. Hongkong, 8th April, 1911." Dr. T. Cheo, C. Bunjo. Hon. Trea Alex. P. Storrie; Hon. Asst. Clark, in a very happy speecli, surer: Mr. A. A. Claxton. Hon. Secretary, Mr. James Spittles; said that they all knew there Secretary: Mr. F. Lammert. Official Monsarer; Mr. C.J. Cookoworo some ships which were lucky Deputy Measurers, Mossrs. Vfrom the day they were launch-able, and the attendance large. Goulbourn and II. Cooiubs; to the day when they foll The Band of the 8th Rajputs Oficial, Members, Mossrs. Japart, or their platos were so favoured with selections. The Keidie, E. F. Gibson and James completely damaged that not results were as follow Craik, A. A. H. Milroy and J. oven the Hongkong Dock Com- M. Irving; Judgos: Messrs. G. puny could repair them (laughter). Rodgor, J. Reidie and fallen under a lucky star, and G. Wood, A. A. H. Milroy, Alex, He thought they could claim that the ship of the O.Y.C had Howell; Clerks of Course: Messrs. Goulbourn; Motor Boat Handi- the prosent day. They would II. Coombs, J. M. Irving and V. that the luck had followed it to cappers: Messrs J. Burn, J. all agroo, however, that the Haxton, C. Bond, and Jus. Hokiest day of the Club was J. F. Castro Taggart: Starters, Messrs E. F. the day when they voted their Vice-Commodore, Mr. Wood, to Gibson, James Craik, and W.I Defendant-omployed Barker Withers; Time Koopers; Mossra ake a hand in the steering of to do that.
J. M. Irving and G., England; ho craft (applause). Mr. Wood, Continuing, defendant said he Stewards; Mosers James Spittles, had paid every cent he had re-A: D. Geo, A. E. Feslier, U. J. ceived into the Bank.
Cooko, R. P. Phillips, and E. Mr. Slade-But surely cushi in Orchard, haud clearly is not money paid: The
resulted as evonts, into the Bank?
follows:-
Belilios Cup, open to Hayward Hays' design boats only.
tho accounts?
Defendant-I cannot explain. At a later stage of the proceed. ings, witness informed the Court thatsome months ago, ho suggest ed to fr.Gardinor thatall the books Messrs. Lowe, Binghain and Mat- should be handed over either to thews or Messra. Porey Smith, Flomning and Seth and he would be prepared to abide by their decision.
Mr. Sindo-Is that so, Mr. Gar- diner?.
Mr. Gardinor Yes.
Mr. Sindo-You never at any time had the curiosity to check these accounts?
Defondant-Never.
After further cross-examina- tion, the case was adjourned till 10.30 a.m. to-morrow.
U.S. SQUADRON COMING.
4
,"
Course-Starting off Club House from E. to W. around Mark Boat moored off Police. Pior. board) Meyers E. Buoy (Stir (Starboard), Cust Rock (Star board) across Starting line E. to W. between Flagstaff and Murk boat. Twice Round.
1, White Rose, sailed by Mr. Gow. Time of finish-12h. ---36m.
Warren Memorial Cup, open Gaol class only. Same course previous race.
to
1
Time-12h.
1, Dorothy, sailed by Mr.
Witcholl, 35m. 14s. Cam Cup: 1, Dorothy, Mr. Wit- choll, Timo-11. 509..
Motor Bont Raco. Opon to visitors or non boat-owning mom- bers.
1, Sonya, Mr. Withors: 2,
Hormes, Mr. Marshall. Ladies' Handicap Class Race:
Long Jump (Three Tries) E. Dillnor 1 (18 ft., 5 in.)
H. L. O. Garrett .........
120 Yards Flat Race (Handicap)
lạt Hoat I. L. Goldenberg
Time: 13 1.5 secs.
Second Host.
A. M. Suffiad ...................
Time: 12'2.5 seca.
High Jump (Three tries). No entries.
100 yards Flat Race.-(Chal- the course of a few days, was going home, and on belongo Cap.)-Prosented by Dr. half of the members of the F. II. Kew. To be won three Corinthian Yacht Club he had years before becoming the pro- very gront pleasure in asking him perty of a competitor. to accopt a small souvenir às
2nd Heat.
Time: 10 1.5 secs.
1st Hent which they all held Mr. Wood. A. M. Sulliad a mark of the high esteem in J. F. Castro...
Ho was going to London, snid Dr. Clark, which had certain dan-II. L. O. Garrett gore, so they said, for bachelors E. Dillner Mr. Wood a clock so that, he (laughter). They wore offering would be able to get home at the proper time, a compass so that ho could steer a straight course, and ́an doronoid barometer so that he might be warned in good time. Rozario.............. »
for any squalls (laughter and ap-D. Castro........................... plauso).
Boys' Race, 100 Yards (handi- cap). Opon to all boys batween the ages of 6 and 10. Handicap at tho post, agos to be stated on ontry.
Toun Race (200 Yards) Teams of 4.
the gift, spoke of the pleasant Mr. Wood, in acknowledging
surprise ho had had, and said he did not know what he had done to deserve such "fuss" (laugh tor). What ho had done for the Club had been a pleasure and a the interest of the C.Y.C. at hoart, J. F. Castro... pastimo, but at all times he had 120 yards Final. -
and would continue to do so. He H. L. O. Garrett thanked them all very much for the present, (Applause).
During the evening the health. F. Castro of the Vico Commodoro was sub- E. Dillner
Lusitano Recreation Club 1. Open to girls between the ages of Girls Raco (80 yards, handicap). and 10. Silva Hanson
1 Corrinne sailed by Mrs.mitted by Mr. G. T. Lloyd, and Mackoy; 2, Daisy, sailed by Miss, duly acknowledged. Witzky.
Mr. J. H. Taggart proposed the health of Mr. Hoidie, who had worked hard during the senson in
The flagship Saratoga is having battle practice, and whouit is con- cluded the squadron under Rear Admiral Hubbard will begin pre
Ladies' Heyward Hays' race: parations for the northern cruise, says the Manila Times. It is 1, White Rose, sailed by Mrs. expected the cruiser squadron will, Pierpont; 2, Dawn, sailed by the interests of the club, The depart about April 10 and Hong-Mrs. Boanas,
Ladies' Gaol Class: 1, Dorothy kong will be the first port of call. The customary cruise willbomade sailed by Miss Nun Rodger in Chinese and Japanese waters, Asthore, sailed by Miss Dorothy
Rodger. takingshipsand men into northern climos during the hot season in the Philippines.
mer:
BILLIARD CHAMPIONSHIP.
Ladies' Motor Boat Race: 1, Britannia, sailed by Mrs. Thorn- ill; 2, Hermes sailed by Mrs. Loan.
Handicap Class Race: 1, Daisy, sailed by Mr. Roseman.
The destroyer flotilla is also to have an extended cruise this sÜJIN- It will first go through the southern islands and in midsum-
} At the conclusion of the sports mer head north on a trip that will include the chief ports of the Mrs. Clark, wife of the Commo- China coast and visits to Port, dore, presented the prizes. Arthur, Vladivostock and Hako- } Mr. ̄ ̄ ̄G. G. Wood, Vice-Com- date. The Nanshan will accom medors, thanked Mrs. Clark the summer. pany the destroyers throughout on behalf of members for presenting the prizes, as she had done in previous years. She was going home shortly, and the speaker was sure that she laid the Club's best, wishes for a safe journey, a happy time it home and a speedy return so that she might bo present at the Corinthians opening cruise, and again prosont Last wook the "Telegraph" the prizes at the closing cruise, promised to presenta small trophy He thanked her very much for for competition if Sergt. Pitt her attendance, and on behalf of (the present amateur champion of the committee prosented her with Geary of the K.O.Y.Lina game. bowl as a mark of appreciation Hongkong) were to meet Corporal. a handsome pair of vasesand a rose We are now informed that the of her services to the Club. match has been arranged, 1000 (Applause.) up, and it is proposed to play the first 500 on Wednesday week, at following night. the Soldiers' Club, and 500 on the
PITT V. GEARY.
Mrs. Clark, in accepting, the gifts, said she understood that giving prizes away was always a dullallairexcept to the poople who Considerable intorast is being won them. She appreciated all taken in this mistéli as Fitt is a the kind things that find boon said player who has had a good deal about lior, and imagined they lad of experience, lins skill, and never been
Be the Club had
I
losed heart. Geary is n good suck
and
kilful player, and worthy of
J
toast was most enthusiastically honourel
INTERCLUB, BOWLING
MATCH.
The final result of this match was that the German teams won by 587 pointe: The full scoros follow:-
J. Hooper....
Time: 10 2.5 so0 120 Yards Final.
Time: 12.1-58. Bicycle Race.
Two miles
(handicap), start in saddle, D. Macrae......... A. H. Carroll........
Time: 6min. 13 sec.
120 Yards Hurdle Race.-(10.
flights.) A.C. Loith A. A. Claxton ---Time: 20 800.
Half-mile Flat Race.Open to Private Beat (R.E.) soldiers, sailors and police. Private Rickard (K.0.YLI) Time: 2 min, 11 1.5 sog. 220 Yards Flat Raco (hand icap)
1454
T. Matson
1090
J. F. Castro
E. P. H. Lang.
1102
1218
O. H. Gale.......
O. Wagner... 1508. R. Soydler.... O Weisinger....
1300
1204
H. Van Zuyler......... 1374 P. W. Goldring
1272 S. P. Warbrook..... 1437 P. R. Wolf
·1520- H. Humphreys
1371
O. Meyer E. Martin
1451 1472.
E. Haasanian.......... 1285 1407 F. Holdt....
German Team British
11147
30500
Won by......
.587 Mr. P. R. Wolff was top scorer, Mesare, Wagner and Martin being the second and third men.
Mr. L. Kennard: Davis, a well known and old resident in Hong kong has just taken clurge of t the Hongkong » branch of the North Chips Infranco Company.
Aitoloson....
Time: 23 4.5 sec,
COMMERCIAL,
HONGKONG SHARE
MARKET.
1
Messra E. S. Kadoorie report: Business since last report has :: been on a somewhat larger scale, and although transactions have boon slightly more numerous, the market cannot be described as o
free one.
Rubber. The price of fine hard Para has not materially altered since last quoted, to-day's price being 58 11d as against 6s 2d a week ago. The London share market would appear to be fairly steady, a considerable number of skures living been sold to London during the week.
Singapore share market tinues dull,
Page 5Page 6
No comments yet.
Private notes are available after approval.