1930-01-21 — Page 10

On leave

11

at less than hire cost/

HONGKONG.

DRIVE YOUR OWN CAR

0.

ELEGRAPH,

TUESDAY

BREWER BEFORE.

COURT

"(Continued from Page 9.)

don't know. I am not the special manager or the liquidator,

Mr. Brewer:-You are not the special manager?--No.

I'm sorry. I misunderstand. You were appointed special mana- Unger?—Yes, but only for two

three weeks.

and at less

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CHINESE NEW YEAR ANNOUNCEMENTS

PENINSULA HOTEL

- Wednesday, 29th January, 1930. Thursday, 30th January, 1930,

Chinese New Year's Eve Carnival (8 p.m. to 1 a.m.) Special Tea Dance-~(5 p.m. to 7 p.m.)

HONGKONG HOTEL

Wednesday, 29th January, 1930. Thursday, 30th January, 1930.

Chinese New Year's Eve Carnival (8 p.m. to Fa.m.). Special Tea Dance-(4.30 p.m. to 6,30 p.m.)

REPULSE BAY HOTEL

Thursday, 30th January, 1930.

Evening Celebrations Chinese, Fancy or Evening Dress:

Dinner - $5.00 per person.

Special Tea Dance-(4.30 p.m. to 6.30 p m.)

Special Ferry from Kowloon,

After Chinese New Year's Eve Carnival 1.30 a.m.

Special Tea Dance $1.25 per person.

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-DRY DOCK Length 787 Fest. Length on Blockca 750 Fast.

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Agents NONGKONG, CHINA & JAPAN.

OF

ANUARY

Mr. Brower then addressed the jury, outlinide his defence, and continued until, the court rose just bafore 4p.m

It was, he said, a case of par.. jury on the ground that a false statement had been made out. It would be necessary for the Crown to prove that that atatement, was made by the accused with the knowledge that it was a fraudu- lent one.

The charge was laid under the Parjury Ordinance of 1922, which Inid it down that a person mak- ing a statement not under. oath Consistent Treatment. was equally guilty with qne who made a statement under oath. It Would you say that these loans must be proved that the statement had been treated consistently was made when the person mak» throughout the books as if they ing it knew it to be false, materi- were actually debts duo to the comally false, and made it with a pany 7-Yes.

fraudulent intent.

Can you say that the Interést payments due on these loans were duly and properly entered up in the books of the company?—No, I don't think so. I don't think I can Bgree with the method.

Tapping the sheets before him, Mr. Brewer said that it was a point of the defence that the loans had been treated as cash. They had been treated consistent- ly as cash, and any statement! which returned them as other than n falec cash would have been one.

Were these interest payments regularly entered up to the debit of the Individual in respect of the loans7As a general rule interest

His Own Name. has been charged on these loans.

At his pubile examination, con- Have you found any loan ontinued Mr. Brewer, he had given which interest has not been the fullest possible explanation charged 7-No, I haven't because regarding the loans, and had I should not look. I have not con- treated them as cash transactions

cerned myself with interest in in- vestigating these books. It is a small matter and there are many other things.

But do you know, de a matter of book-keeping, the system that in- terest has been entered up7-Yen,

as far as I know.

And in some cases these loann have been extinguished, principal and interest7-In the books, yes.

Have you any reason to believe that these entries are fictitious or false or that payments purporting to be for interest were not in fact paid?—I cannot accept the cashi hook as being a proper record of the company's transactions.

7

with consistency, as the Banking

Corporation had always done.

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MAINTENANCE & CONTRACTING DEPT.

Queen's Building.

Tel. C. 4143 & 1030.

Ground Floor.

LAND SALE.

The jury would have evidence that the books of the Corporation were kept In a regular and clear fashion and on a good system. They would also have evidence Instone Brewer, he said, had that the books were not kept auch faith in his directors that he secretly, and that the directors allowed his own wife to become had every possible access to them, responsible for a huge amount. POOR BIDDING AT YESTER-

* DAY'S AUCTION. The people to whom the report had with no other security than a let- been sent could also have had ter from those directors that the

Bidding was very slow at the access to the books, in fact they loans would be met.

They would be naked to deduce Crown Land Offee yesterday after- were the very people who could

whether Instone Brewer, if he had noon when two lots of Crown land have had it.

To prove fraudulent intent not believed that those men would on the peninsula were put up for would be necessary to prove that have met the loans the bank public auction. Ono failed to at- the company itself had been forn-granted them, would he have allowed tract any bidding and was sold at ed with the intention of commit- his own wife to do what she had the upset price while the other ting fraud. It would be evidence one? If he had such trust infared better, being sold after ten

· Situated at Mongkoktqui ad- that the man who formed it gave them would he not have regarded bids of $100 each.

Mr. Brewer then concluded his joining Kowloon Inland Lot No. it his own name. They would be their notes as binding? asked if n minu would give a com-

Inland Lot No. 2296, with an area pany his own name if he knew statement, on the adjournment of 2200, Tung Chai Street, Kowloon of approximately 9,486 square feet,. that it would become a byeword the Court. throughout the Colony:

NAVAL APPOINTMENT. was sold to Mr. J. Guerinenu for

the upset price of $17,075.

The other lot is known as Now! ADMIRAL TYRWHITT SUC- CEEDS ADMIRAL SINCLAIR,Kowloon Inland Lot No. 1299 and adjoins New Kowloon Inland Lot it very hard to believe that the pany, and to whom the loans were

London, Jan. 20. No. 592, Om. Yau Street, having money was actually aid in cash granted, were men having exist-

Admiral Sir Reginald Tyrwhitt an area of approximately 5,400 although he did not know whetherence in the Colony, being for the most part men of standing, and mature men, perfectly entitled to will succeed Admiral Sir Edwyn square feet. Bidding commenced Sinclair, as Com- at $5,400 and the lot was eventually" make a contract for a loan and Alexander liable to suffer if they failed to mander-in-Chief at the Nore, on sold to Messrs. Ip Yick and Iù

Chouk-Dam for $6,400. May 16-British Wircless.. pay that loan.

Not Cash Transactions. Have you any other reason for saying you cannot accept our cash book but prejudice? Yes. The items that have gone through the cash book are, to my mind, not cash transactions.

Witness said that in one case a compradore paid $45,000 in cash according to the book. He found

it was so or not. "

Mr. Brewer:--You say you will nol believe our cash book because you dislike the way it is done 7- Yex.

Is there anything in these tran- auctions in the cash book that you don't like which is antagonistic to the explanations given in the pub- lie examination?---No.

Wiiess agreed that the cash book was consistent with the ex- planations given by Mr. Brewer.

Definition of Cash.'

Mr. Brewer:--We have had, once or twice, the question brought up as to what in cash. I am going to put it to you that the correct definition of cash is "coin or the right to command coin." Would you accent that as a sound definition of cash?I don't think I am in position to define cash.

But in your opinion, is that a fair. definition?

His Lordship remarked that that was a matter for the jury.

Re-examined by Mr. Fitzroy, witness said the chief item ac- counting for the reduction of the loans was the repayment of the Joan of $432,000 to Mrs. Brewer. He could not any what other re- ductions there were apart from that unless he went through the books.

Witness agreed with his Lord ship that that was merely a re- versal of the original entry. He explained that it should have gone through the cash book but, in fact, it did not.

Mr. Ross was questioned by His Lordship and Mr. Brewer regard- ing the sum of $405,000 paid into the Instone Banking Carnoration. Thla amount, he said was entered in the journal as a cash entry and. was paid out the same day to the Instone Trading Company. It wis clearly a cash entry,

Mr. Brewer's "Address.

At the conclusion of Mr. Ross's evidence, Mr. Somerset Fitzroy said that he had concluded the Crown case. Mr. Brower then re- queated that Mr. P. C. Leo be call- ed as a witness for the defencé, as he was not being used by the Crown. His Lordship agreed, and Mr. Leo will appear to-day. Mr. Brewer then said that he would like to make a statement that the Crown had made out no caso to ga to the jury.

His Lordshin:-I will hear you, but I don't think it is much use,

Mr. Brewer then referred His Lordship to several legal. · pre- cedents which dealt with cases of a similar nature to that of the present one."

His Lordship:-Yes, I know of those, Mr. Brewer, but you must know that the matter is, one for the jury,

Mr. Brower:-This is a perjury charge, my Lord, so that there ought to be two witnesses against me. The books themselves are not evidence.

His Lordship-I don't think aufte understand your point.

Men of Standing. The nien who formed the com-

DON'T SAY "WHISKY,”

SAY

"FINDLATER'S"

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