1929-12-26 — Page 2

NEW YEAR GIFTS

FOR YOUR MUSICAL FRIENDS.

Columbia Album Sets

Musical Masterworks

BEETHOVEN-Symphony No. 3

7 Records Queen's Hall, Orch. BEETHOVEN-Symphony No. 4

„5 Records Queen's Hall Orch.

MENDELSSOHN—Symphony No. 3

4 Records Royal Phil, Orch. TSCHAIKOWSKY-Violin Concerto In D

4 Records Huberman-Violin and

*

Berlin State Orch. CHOPIN-Twenty Four Preludes

4 Records Lortat. Piano. SAINT SAENS-Carnival of Animals

4 Records Paris. Sym Orch,

G_IACCI "Complete Opera

12 Records.

F:

CAVALLERIA RUSTICANA-Complete Opera,

20 Records.

BAYREUTH FESTIVAL 1929

11 Records.

IN A PERSIAN GARDEN

COMPLETE SUNG CYCLE

5 Records.

The Anderson Music Co., Ld.

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fl

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4

THE · HONGKONG TELEGRAPH.

BREWER CASE.

THE SPEECH FOR THE DEFENCE.

THURSDAY, DECEMBER

1929.

SHOP FOKI FINED.

RETURN TO HIS EMPLOY- MENT AFTER THEFT.

"Very bad accounting I agree,

A foki of a wooden clog shop in but not perjury was the expression Canton Road was charged before used by Mr. B. Davidson to sum up Mr. Whyte Smith, at the Kowloon the case against Mr. N. I. Brewer Magistracy on Tuesday, with fran- at the Central Magistracy on Tues-dulent conversion of $29.50, "tho day, when he addressed Mr. Grant proceeds of 520 pairs of cloga, ham on behalf of the defendant for which had been entrusted to him an hour and twenty minutes.

to sell to customers.

Yesterday's proceedings opened

It was stated that the consign- with the magistrate reading overment was taken on different dates

Mr. thecustomary caution to

and after collecting the money, the Brewer, and the defendant said he defendant, disappeared. He wished to make no reply..

turned some days later and said that he had been to the country. to engage another fok for the

Mr. Davidson then addressed His Worship during which he said: 1 am not reserving my defence, neither am I calling evidence, bo cause the defence has been indicate witnesses for the prosecution. ed in the cross-examination of the I call evidence it will unnecessarily prolong the proceedings, and will also have the effect of admitting that there in a case to go before a Jury, and that we emphatically dens. It is really necessary to keep that clearly before you when ex amining any of the charges in

case, We

not here, strictly speaking, defending the balance sheet, and we don't say that this balance sheet is neces- sarily a good one from an account- ing point of view. What the de- fendant is charged, with le with making several false statements. which are alleged under the Per- jury and Larceny Ordinances to be crimes. I propose to deal with these charges together in my speech, because they are primarily and essentially the same in, law,

this.

are

re-

shop although the mistress had made no intimation that she His Worship remarked that the required another. employee. curlods part of the story was that the defendant had returned after having stolen tho clogs.

In reply to his Worship, Detec- tive Sergeant Fitches said that the defendant probably thought that he would not, be charged if he returned.

The defendant was fined $30 or six weeks hard labour.

How He Does It.

"How do I keep in good form? Well, besides lots of practice. which is necessary of course, I take a little dose of Pinkettes occasionally, to ensure freedom from those attacks of liver and Intestinal derangement which are so liable to put one off one's stroke' at times."

Of chemists everywhere, Pin- kettes, the gentle little laxativen also and liver regulators, are obtainable at 60 cents per vial, from the Dr. Williams' Medicine Co., 60, Kiangse Road, Shanghal.

RESIDENT'S LOSS...

„MONEY EXTRACTED FROM WAIST COAT POCKETS,

the Company, dealt with its shares wae really advantageous to the Company. There was no arguing the fact that the transactions were treated as cash transactions, and Mr. Brewer admitted that the loans were treated as cash in the books of the Company. Mr. Ross clinch-

Mr. Summerhayes, residing at.) rd.the whole matter when he said

Hotel, Kowloon, that if you assume the transactions the Station are genuine, then they were treated has reported the loss of a aum correctly in the Statutory Report, of money, stated to have been and that was the assumption they stolen from one of the pockets of were bound to make. If that was his waist cont which was hanging so it does away with the first charge in the Hotel hall during Monday straight away. They muet assume night. that the transactions, were genuine and that they were correctly treat ed in the Statutory Report.

The charges of perjury are in respect to the Statutory Report in which the defendant is charged with having itnowingly and wilfully made statements false in a material particular. It is the same thing with the balance sheets, but they are in regard to several statements Tale in material particulars. The second charge, under the Larceny Ordinance also turns on the balance

Mr. Brewer obviously treated sheet, the defendant being charged the transactions as cash receipts with publishing a written statement and he stated in the Statutory that he knew to be false in any Report what he believed to be the particular material. It has to be truth. There was not a scrap of proved that the defendant made evidence to show otherwise, and it certain statements which he knew was of utmost importance to note to be false. It is part of the burden that during his public examination. of the prosecution to prove the when asked by the Official Receiver atate of the defendant's mind. Not to define cash, Mr. Brewer said, only have they to prove that the "We are not talking in the same statements are untrue, but they langunge

"Defrauded 'Nobody,”

...

The waist coat was left on the stand in the hall at 8 pm, on Mon- day and when the owner went for it again shortly after nine o'clock the following morning he found that someone had extracted a sum of $90 in local currency as well as three cheques for the total value, of $04.70.

way to do it. Therefore it was very bad accounting he agreed, but it was not perjury, and it would be a miscarringe of justice

Referring

have got to prove that Mr. Brewer Mr. Davidson said he wished knew they were untrue. It is into show that there was no evidenco to put" a man in perit of a jury portant to be clear about that.

to show that there was any per-on charges of that sort. - jury committed in the Statutory

to the Collateral Report. On Mr. Ross's statement Securities, Mr. Davidson anid that After referring His Worship to that assuming the transactions Mr. Ross considered that they were a Kings Bench case which showed were genuine, they were treated worth nothing, but there was not that opinion was not sufficient to correctly in the Statutory Report, a shred of evidence to prove that prove a case, Mr. Davidson said he submitted that on that charge As a matter of fact, according to there were two things to be re- Mr. Brewer was entitled to be dia law, a llen on a Company's own membered that were of great im-charged in that Court. portance to the defendant. It had been pointed out very fairly by Mr. Fitzroy that the defendant had de frauded nobody, and that so far as could be ascertained from the books, and the knowledge gained in the full investigation, Mr. Brewer had not made a cent out of it.

I

"An Amazing Thing." Before he dealt with the balance sheet he would like to make a com ment. It was an amazing thing that one of the principal witnesses against Mr. Brewer so far as the balance sheet was concerned, was In support of these charges the the authorised auditor, who was principal evidence was that of Mr. required by law to sign a certificato Ross and Mr. Agassiz, and it could authorising and verifying the not have exenped His Worship's bulance, sheet of the Company. notice they repeated "In my opinion That witness would be as guilty as think." Mr. Ross qualified Mr. Brewer of perjury. If Mr. his statements with language that Brewer was guilty. That man made it very clear that his evidence swore that the balance sheet was was a matter of opinion only. To true, and was one of the principal prove the difficulty, of proving the witnesses for the state of a man's mind and a charge | aguinal Mr. Brewer, who like that, he would proceed at once charged for perjury concerning the to the first charge, that is founded balance sheet.

Statutory Report. A Either they were both guilty: Statutory Report was such which the law compelled the Directors of that neither was guilty.

or neither guilty. He submitted Company to file at the very be ginning of its career. This re- port was filed a year before the balance sheet and at the beginning of the career of this Company, in fact on the date of the first unnual General Meeting, and fur-

on

the

ther was quite unconnected with the balance sheet. There was of course no suggestion that the Com- pany was formed for the purpose of committing fraud. His client was entitled to the assumption that before that time he was an honest man, conducting the business of a Company honestly.

Mr. Davidson went on to point out that under the system which

SALESMAN ŞAM

WAM HAS

RENTED AN IGLU-GENKA,

* NORTH PREPARATORY TRADING

WAH UP

LOODS AND

FOR FAN FURS

*AN ESKIMO Ice HUT, OR

-"(GLOD-

prosecution Was

It had been held in Law that) one could not be charged with perjury in the case where the construction of a deed was involved and it was the same with the con

struction of

♫

balance sheet.

assets was security.

.

Mr. Brewer was in the unfortun- ate and unusual poéition of having his public examination used against him, yet there was no evid-| once to show that he prepared the balance sheet.

Referring to the item of Stocks and Investments, Mr. Davidson said it was obvious that the value of the investments as stated in the books had to be put at the same value in the balance sheet.

All that was done was to put in the balance sheet what was al- ready in the books under the same not knowingly and wilfully make denomination. Mr. Brewer did

u false statement. The value of the investments was purely a mat ter of opinion. They had not got Ross, but the opinion of Mr. Bre to consider the opinion of Mr.

wer which he held one and a half

years ago,

tent, if that balance sheet was the subject matter of a criminal charge, was Mr. Brewer concern- ed? Mr. Brewer knew nothing

His last point was to what ex-

about that balance sheet until it was published and the sharehold- ers had passed it at a 'meeting while Mr. Brewer was absent.

There were no two opinions about that, and he submitted that for that reason, none of these charges could be sustained as a matter of law. Mr. Davidson then took the maxistraty through the various items which the prosecution had referred to in their cane, and said the items had been entered from the books as they stood into the judgment.. balance sheet. That was the only

DO-DE-OH DO! THIS IS A PRETTY

CLASSY HOME, SWEET HOME-GUESS VCL MOVE IN BEFORE IT MELTS-

Mr. Fitzroy, the Public Prose- cutor, then addressed His Worship one or two points of law, after the case which Mr. Grantham adjourned until Tuesday next at 11.30 am. when he will give his

Now what's Up?

FIRST OF ALL, THOUGH, I'LL GET TH' JUNKK OUTA "TH'

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