1926-01-12 — Page 2

There will be

THE HONGKONG TELEGRAPH,

TEA & DINNER DANCES

at the

KING EDWARD HOTEL

on the following dates:-

TEA DANCE

12th Jan. 1926. 19th Jan, 1926. 14th

"""

21st

DINNER DANCE

16th January, 1926.

Further announcements to follow.

Bookings for the Dinner Dances can be made at the

SPECIAL

SCOTCH WHISKY

DON

DONALD BROS.

KIRKCALDY

SCOTLAND

Reception Office.

ATHERLEY CASE.

YESTERDAY AFTERNOON'S

HEARING.

TUESDAY, JANUARY 12, 1926.

looking after the retirement of drafts? Yes.

Each Item thereon is tieked and crossed by you?-Yea.

In order to show that you had entered up the items in your memoranda book and retired the drafts 7-Yes.

You see the items on the, do posit slip for that day?--Yes.

That is not a part payment and there is no question of picklig out amounts there?-No..

Was that draft retired as A re- sult of the payment of that amount of $1066.147-No.

the startling fact that tha.next. day you draw a cheque for that identical amount for 1.0.U's and O.K'd bills. Is that a colneld- encof-Yes.

...

A collosal coincidence-Yes.

Further Coincidence. Your next choque was on May

pradore to make a loan 7-Yes.

With your salary, commission and the $1,000 from Mowfung you had enough to pay off Fred Ellis for that settlement?--Yes.

So he was staved off for a mouth 7-Yes, by arrangement. The whole of yesterday, after- A sum of $447.68 was paid into

A Coincidence.

After further questioning wit- пооп was taken up, in the

your account?-I had further Atherley case at the Oriminal

There are 11 toms and the first ness altered his reply and said "8 for $3,006.49. On that day there were 16 items collected. Here is Sessions, in the cross-examina-debts to meet.

For ought you know the market ten make up exactly $2910.49. Is yes. tion of the accused by Mr. F. Cmight have been in your favour it a coincidence that on that dale Take April 26. You drow a the deposit slip which came into Jonkin.

Further questioned as to the and you would not have needed your cheque which went into the cheque for $1421.14 which was your hands on that day for re- amount of money which was paid the money? Yes, but if I had company's account and drafts you to pay 1.0.0's and O.Kd bills, tirement of drafts? Yes,

the same particulars of which you cannot Heme 9 to 15 inclusive, "show into his account during the first been able to sell more Cements were retiring totalled 30 days he opened it, Atherley said short I would not have required amount? Yes, it is a coincidence. give? Yes.

Do you suggest, sir, that the There are five items in the cash certain dealers that day exactly

Coincidence?-08. where it came an advaneo from anyone. he had no iden

day the compradore made out that book on April 26 as having been $3006.49. from They were not all loans

deposit slip that he picked out 10 pakd to the company?--Yes. from the compradore."

items which exactly made the equivalent of your cheque? Yes,

Take the cheque for $4,356.15 on April 1. Was that paid in as a result of a request to the com- pradore to lend you a round figure?-Yes,

Mr. Jenkin: Generally speaking with regard to the cheques drawn by you on your account you had no knowledge as to what purpose

Living Extravagantly. they were put by the compradore? Notwithstanding the details on --In liquidation of my obligation the deposit alip you knew nothing of where that money came from?

On April 3 there was a cheque Was that as 21

to him and for O.K.'d bills.

Look at the first 30 days we-No. Have apoken of. In that time there was paid into your account for $916.79.. about $21,000, Does it come as a surprise to you that it is such a large total?--No.

Did you know at the time that the equivalent of two years salary had been paid into your account in the space of 30 days? Yes.

Do you repeat that. you don't know where it came from?-Gen erally speaking, I did not.

Among the items paid. Is one $750,

That is salary 7-Yes. Among that $21,000 which so conveniently found its way into your account can you identify any

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on March 25 from Mr. Mowfung. Mr. Mowfung was heavily in debled to the firm at that time? Yes.

I do.

Although that cheque was given in respect of 1.0.0's and O.K'd

Yes.

I

||

'that' the company received from.

Is it coincidence that we find these every day? Those items fol-

Do you know that, they mount up to $1421.347-No, but my cheque low in sequence, was drawn on the 26th.. Bank Custom.

Then do you any that whatever bills of an unknown amount?-day the payee presents a cheque to the International Bank for pay ment. it would be entered up ac- cording to the date it bore and not the date presented?--Yes,

There can't be

mach picking out of itemy there. Do you say the compra dore got your cheque and then picked out. Items which tallied with the amount of the cheque?—

Yes.

That is your explanation when you are faced with the curious figures which I am bringing to your notice?--Yes, this is the only time I have been able to see it.

Yes.

Do you really mean to say that when you crossed off all those es twice and entered them in

Do you really say arid assert as result of a request to the com- your book that you had no know- pradore? Yes, at the same time edge that the amount which had a fact that the International Bank been paid into the bank was exact- does that?-I do from this state- I would give him Bills to pay.

You must have been living ay the same as your cheque?-ment of my banking account.

Do you suggest that that state pretty extravagant life at that had no iden.

Did you ever see the paying in ment of your account is not cor- time if you had O.K'd bills every

book?-No.

rect?---No. day? Yes.

Not

a very desperate when.

endorsed I say it is

over that I put to you is very statement by you in order to get of. strange coincidence?-No I denyout that day because you did not write the cheque until the next that.

Will you take it from mo that! the cheques paid into your account during April were approximately $15,000?--Yes.

To establish a fund out of which indebtedness might paid?--Yes.

A Curious Transaction. Well then will you tell me why in the same month you drew cheques in favour of the compra- dore for $14,000?-In liquidation of my debt to him. I found I did not need so much as I thought.

Every day your opinion of your Can you point out any other item-I received money through possible indebtedness was cary other sources, I remember Mowing? Not every day.

His Lordship: No, but pretty fung's.

That assisted you in getting $1.000 out of him?-No,

Yes, indeed, you wanted it frequently. badly... Any other sources?---

Prisoner: 1 was stablishing

From share brokers, Messrs, Carmy credit with the compradorė, roll or Mfr. Carrell personally.

Can you give an estimate of what you received from Lenkers: Several amounts. For sion, $5, $20 or even $250,

Mr. Jenkin: On April 11 you! received a sum and paid one. Were you still establishing your credit? No. It was a post-dated cheque

Look at Aprit 22. There is Say no more than $1.000?--No. Any other sources --Commis-payment in of $2,113.3307--Yes."

You him to pay that int- sion from San Francisco, i

Yes, the hi Say S100 Mex? Yes,

$20,000 Unaccounted For.

1

Then how same it on that day! that you paid him cheques of Then nearly $20,000 was pat$1939 and $25107-Possibly they] into your account by the com pradore and you didn't know from where it came?--I have no iden where it came from.

Witness went on to explain his many share transactions, particu- rly dealing with Cements, which he sold short."

might have been post-dated) cheques.

Were they both post-dated?- Yes, possibly.

Never Thought of t Why did you give post-dated Cheques when you were trying to Mr. Junkin. It was necessary negumulate this large, fund?-- for you to accumulate further money to pay your losses on these transactions ---Yes.

How much did you require to

When I saw what my position was I didn't want the money and 1 paid back because I knew

any could borrow it again at

| accumulate?---My Josses in March time.

were $9,000,

Why when the cheques were Again witness went into ex-post-dated instead of Tetting them planations with regard to his pass into the bank, didn't you ask share transactions, but is Lord for them back? never thought ship interrupted and said he could of it. See no material bearing it might have na the questions asked.

The prisoner said. he started to sell Cements short and forward as they fell. He covered his posi- tion and made a profit. On paper he had profits, according to the market, 'with several brokers, but they went un again before the set- tlement and instead of having a

HALL, LAW & Co., Ltd. poft he had a loss.

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KOTICE

ON

•

Compradore Conversations.

It is clear to you that it would have been simplu if you nad asked for the post-dated cheques back when the market was going in your favour?—Yes;

It didn't

time-No.

occur to you at the

For the reason that there never were pol-dated cheques?—Yes, there avere.

Draft Retirements.

Lock at exhibit Z. All the Mr. Jenkin: Ou how many ce-amounts. of that, deposit slip make easions during those 30 days didup $2910.49, the exact total of the you have a conversation with the post-dated cheque which this ap compradore and say "Chau I shall timistic witness handed hack to want a certain sum of money and the compradore, my Lord. pay these, bills"?-Many times.

Would it be fair to suggest that with regard to these payments into your account they resulted from your requests to the com-

(LEMME HAVE A YESSIR BOTTLE OF

GLOOM-CHASER,

TLEME

HUH?! WHAT DO 400 MERH?

| KASHEERE

Now that document came into your hands on the date it bears, office April 22, in the ordinary routine?—Yes.

Because at that time you were

? SAY-

I WANT A

BOTTLE

OF BEER

you

cheques--No, it never came into my office.

No Question of Picking Out.. Look at April.23 in exhibit Q. You see you drew a cheque for $1656.14 which you gave to the

compradore?-Yee,

Hero

You venture that suggestion?——

Well take the cheque on April 20, the cheque immediately, pre- vious to the one we are speaking

Does that apply there?—No. He couldn't have picked them

we 'find that six dealers day? No, that is a coincidence.

"At this stage the Court adjourne paid in on April 25, six amounts. which total $1,421,14, and we have led until this morning,

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