1925-10-30 — Page 3

RAYMOND

THE HONGKONG TELEGRAPH,

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THE

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EMBEZZLEMENT CHARGE

MR. EATHERLEY AGAIN BEFORE MAGISTRATE,

The Compradore's. Evidence.

TRIDAY OCTOBE

~Mr. Binke:" "Have you anything to show that there was anything but ä personal account between you and the defendant and nothing to do with the firm?--I had to pay all hilla initialled by the defendant.

Paid With Firm's Money. "He was told to pay them out of the monies of the frm and none The charge of embezzlement of the amounts had been paid to `against Mr. J. Edward Atherloy, him by the defendant. ex-manager of the Getz Bros." (of Mr. Blako: According to your the Orient) Ltd, was aguin proevidence then you paid out to the ceeded with at the Central Magie- defendant sums amounting to over. tracy yesterday beforo Mr. S: B.B. $18,000 and you state that these McElderry.

mounts were paid from the monies of the firm 7-Yes.

Mr. D. H. Blake appeared to prosecute. and Messrs. W. B. Hind and A.¡E. Hall appeared for the defendunt, Mr. R. A. Wadeson' held a watching brief on behalf of the compradore concerned in the crse.

This money has not been pald back to you and, so far as you know, not paid back to the firm?-- No...

You and your staff, collected money from the dealers and the The compradore, Chan Kan-yan,pruetige of the firm was to pay again went into the box. A doen- thent into the bank-Yes. ment was produced to him which,

Questioned as to, the effect an be said was made out by his the firm's account witnesa said he cashier and, which showed the censed to be compradore to the, sums paid Into bank. It was an firm on November I next and if advice to the Arm as to the he was asked to strike a balance amounts paid into the bank by between himself and the company the compradorc's staff.

he would have to account. for a shortage in the

funds of over. $18,000.

Mr. Blake: Does it show the nantes a dealers from whom money was received, the amount and particulars of the draft against which such money should be applied and the number of the promissory note, if any, in your office books? Yes.

.book.

Mr. Hall'objected to the admis- sion of any book from the com- pradore department.-

Mr. Hall: I reseve me cross examination.

His Worship: When you say reserve you mean reserve to the Supreme Court?--Yes,

Firm's Attorney Called. Mr. Charles John Kelley was

De-

The counterfoil portion of a Chartered Bank paying-in book was produced and witness identi-then called. He said he was Vice- fied it as belonging to Getz Bros. President of Getz Bros, and Co. It was the duty of himself or his of San Francisco and attorney for stuff to enter up the paying in Getz Bros. (of the Orient) Ltd. in Hongkong. He was here in the interests of the latter firm. fendant was the Hongkong mana- ger of the firm. During the last Mr. Blake: But this is in conten days he had been investigat nection with the firm's nccount. ing the affairs of the Arm

Witness said he remembered Hongkong he learned that the firm having a conversation with the had many extended and overdue defendant in March this year in drafts, not properly supported by connection with defendant's wife promissory notes from dealers. Upon questioning the compradore going home.

Mr. Blake: What did defen-he was told that the money had

dant want?

Money For Wife's Passage. Witnes: He told me to reserve $1,500 nd not to pay it into the bank, in order that his wife might have it to enable her to go. back home.

é

Mr. Blake: What do you mean by "reserve"?

Witness: I mean I had to keep it back and not pay it into the

bank.

In

been paid by the dealers and by the compradore to the manager. He said he could prove this, and that it would probably explain the condition of the accounts.

Mr. Hall lodged an objection to the evidence, as the defendant was not there, at the time of the in- terview..

30, 1925.

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Interview With Defendant, counts of the firm are being audit- Continuing witness said that ined, by Messrs. Percy Smith, Seth support of his statement the com- and Fleming and that they are pradore showed; kim four chits not yet complete? That is sc.

Mr. Blake: The money was not Mr. Blake: Did you' obey that (produced) for a total of approxi- order :--Yes,

mately $18,000. The production paid on the following day?-No.

In reply to counsel witness said Continuing witness said he got of these evidenced to witness an an 1.0.U. (produced) for the action very unusual Later that Parkhurst was returning to amount signed by the defendant day he saw defendant and naked Shanghai and could not possibly Witness thought defendant's him about the matter, telling him return for about two months, wife's passage should be paid by that the compradole bad shown would be left with no one in otherwise the Shanghai office He was told by de- him these chits. Defendant ex-

the company.

charge.

examination.

fendant to enter the amount in a plained that they were correct and Mr. Hall again reserved cross- suspense account until he was that he owed something more than told to put it in the general ac- $18,000, and that he had arranged count. He made no entry of the to pay the money on the following.

Defendants Bank Account. amount anywhere, but kept the day. He also said that he consi- 1.0.0.

dered it a personal matter between

Mr. Blake mentioned that he himself and the compradore. He thought it would be necessary to asked witness to say nothing about call the auditors to give evidence the matter, or something to that as to the accounts and as the effect.

}

audit would not be completed yet This interview took place on the he suggested that he be allowed evening of Wednesday, October to call it, at the Sessions should a 21, in the office of the firm and in prima facie cose be made out and the presence of Mr. T. L. Park-defendant committed. He would hurst.

supply full particulars to his friend.

Money Not Repaid. ? Mr. Blake: Has that money been repaid?-No.

Mr. Blake: If it had been re- paid to the firm would you expect to have to give up the IO.

YeR.,

Continuing witness, said all money paid to the firm was pald through the cashier.

Declined to. Discuss Matter.

He asked defendant if the

Mr. Hall said he offered no ob amount of over $13,000 on one jection and added that he proposed chit and signed by the defendant to call no evidence in that court.

Mr. Blake then made an applica- as manager of the firm was to betion for an order for the particu- considered a personal matter, and

Another document was handed to witness and in connection with It he said it was the custom to receive notes from defendant O.Kid and initialled by him. Wit- ness paid these initialled accounts if so why had it been signed in lars of the defendant's account with the International Banking and then sent them back to the the name of the firm and whether defendant. He and to make out the money would have been ad-objection was offered and the or-

Corporation to be disclosed. vanced if he had not signed in the name of the firm. Defendant de-. clined to discuss the mutter.

Mr. Bike: I believe the ac-

a list of these bills paid. In brief it was a list of accounts paid by the compradore's staff. for the defendant on his instructions.

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The case was then adjourned until to-day

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