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ferred to by Mr. May, and that was the unsatisfactory condition of the playground. I think it is very unfair to any school for its playground to be in an unsatisfactory condition. I think that is a matter which should receive immediate attention. If Mrs. Bateman will kindly talk with me on the subject afterwards, "I think we shall be able to arrange to do some- thing to put the playground in a proper state of repair. (Hear, hear.) I have not heard any mention made of the needlework done by the scholars, but my wife has asked me specially to state that she was very much struck with the excellence of the work done in that branch. I am no authority on this matter my self, but my wife is, and I am certain that if she says it is excellent it is excellent. There is one other matter upon which I think the school is to be specially congratulated, and that is the success which has attended the efforts of Miss Ethel Long. On behalf of all here pre- sent I am sure I may take the liberty of of fering to her our sincere congratulations on her having passed successfully an amination which entitles her to the letters "A. A." after her name. I trust she will only be the first in a long list of successful candidates in the Oxford Local examinations. (Applause.) I am sure the prize-winners must all have worked very hard. In fact the long list shows it must have been very difficult to decide who ought to have prizes and who ought not. The prize-winners have been rewarded for their efforts, but I trust that those who have not received prizes but who perhaps had worked quite as hard will not be discouraged, and that next year they will be among the prize-winners. I trust you will all enjoy your holiday and return to the school with a determination to make the best of the advantages given you. I have nothing more to say except that your holidays commence to-day and will be con. tinued until Monday, January 7th. (Applause.) I wish all a Merry Christmas and a Happy
you New Year and a really good time. (Applause.) The proceedings closed with the singing of a verse of the National Anthem.
ex-
Mrs. Bateman desires to offer her sincere thanks to the following ladies and gentlemen for their kind contributions to the Prize Fund:
THE HONGKÔNG WEEKLY PRESS AND
and Mr. M. W. Slade, instructed by Messrs. Wilkinson and Grist) conducted the de- fence.
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A plea of not guilty was tendered.
Mr. Pollock proceded to state the case for the prosecution, and said-In this case, your Worship, you will ses, from the charges which are mentioned in the information filed by Mr. Hurley, that the defendant is brought up upon two charges, under Section 68 of Ordinance 7 of 1865. The circumstances of the case are main- ly set out in the information filed by Mr. Harley, and your Worship will see that they are briefly as follows: There was formerly a man called John Harper who held ten shares in Carmichael and Company, Ltd. John Harper was employed as an engineer on bard the s. s. Catterthun, and on or about the 8th of August, 1895, the steamor went down off the coast of Australia. Most of the Europeans on board were drowned, amongst them this man John Harper. Subsequent to the death of John Harper, the defendant, Hugh Fletcher Carmichael, having no interest at all in the shares, caused entry to be made in the register of shares of Carmichael and Com- pany, Ltd., that he was the owner of these ton sharos belonging to John Harper. It will be shown in evidence that Mr. Carmi. chael was at that time a director of Carmichael and Company. Ltd., and as such director he ordered Mr. W. H. Potts to make an entry in the books to the effect that he, Carmichael, was entitled to these teu shares.
[December 29, 1900. has been subpoened to the fetch books of Car- michael and Company.
His Worship-These books will have to be produced in the witness box.
Mr. Slado-We object to Mr. Hurley seeing anything more than the outside of these books. We most strenuously object.
William Webb Wilson said he was an assist. ant in Carmichael and Company, Limited, and had been so since 1899. He was getting $200 a month, a bigger salary than he got to begin with.
Mr. Slade said his friend's object in asking these questions would be easily seen by his Worship. It was simply with the object of making things as unpleasant for Mr. Carmi- chaol as possible.
His Worship said he could not see any reason for asking such questions.
Continuing, the witness said he had been re ceiving this salary for the past five months. He was a director in the Company and had been so since the time of Mr. R. E. Humphreys, since April this year. He had with him the case containing the transfer deeds relating to Carmichael and Company, Limited. He pro- ducad the transfer deed, undated, from John Harper to H. Carmichael.
His Worship-You don't object to Mr. Hurley seeing that.
Mr. Slade-I don't object to Mr. Hurley looking at it now, but he is not to see anything elso.
His Worship-When was that entry made? The witness proceeding said the date of the Mr. Pollock That will be shown when the stamp was 16/10/97. The previous transfer in books are produced, your Worship. Subsequent the book was between John Andrew and H. to the death of Jolin Harper, his brother, Ar-Carmichael, and it was dated 25/6/98. The chibald Harper, arrived in this colony, and, as things interleaved between the transfers were representing his brother's estate, he sold these cancelled scrips. There was a cancelled scrip between shares 1020 to 1029, dated 23rd April, shares to a Mr. Ritchie at the price of $10 a
1896. Ho did not know how this scrip was share.
dated 1896. He know nothing about this what- evor nor whose writing "John Harper He had got the Register of Transfers of shares in Carmichael and Company. The entry of the transfer from John Harper to Carmichael was there. Witness had no Register of Powers of Attorney and with regard to the cancelled scrips they were pasted in the same book as the trans- fors.
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Was.
Cross-examined by Mr. Slado, witness said he succeeded a Mr. Ritchie in the firm. Mr. Rit- chie was the man who obtained the transfer. Witness undertook Mr. Ritchie's position, and Mr. Ritchie left shortly after witness joined the firm.
His Worship-Was this Archibald Harper the administrator of John Harper's estate ?
Mr. Pollock-I cannot tell your Worship whether he was actually the administrator or not, but at all events he sold to Mr. Ritchie the ten shares belonging to the deceased man, and Mr. Ritchie agreed to buy these ton shares at the price of $10 por share. He paid over $10) for these ten shares to Mr. Archibald Harper. and got a receipt for that sum. Shortly after, Mr. Mesdames Murray Bain, Cooke, and Craw- Ritchie applied to have the shares registered in ford, Sir Thomas Jackson, Hon. W. Goodman, the books of Carmichael and Company, as owner Rev. R. F. Cobbold, Hon. Dr. Ho Kai, Messrs. of these ten shares, and found out, on applying, A. W. Brewin, B. Byramjee, Belilios & Co.. that these ten shares were registered in the Banker & Co., J. H. Cox. Victor Deacon. Dod-. name of Hugh Fletcher Carmichael, the defen-
W. Hutton Potts was the next witness. He said well & Co., C. J. Gaupp & Co., Capt. Goddard, dant. Mr. Ritchie purchased these shares on Gibb, Livingstone & Co., Holliday, Wise & the 22nd of December, 1898, and was constantly he was an accountant and had been in the colony Co., Jardine, Matheson & Co., . T. Kew, pressing, after that date, that these shares should for some years. He was formerly secretary of Kelly & Walsh, David Sassoon, Sons & Co., bo registered in his name, Finally on the 27th Carmichael and Company, and the the first trans- H. N. Mody, Fung Wa Chun, Chan Pat, of October, 1899, a certificate was issued by Car for he made was in February 1894. The last Ho Fook, G. J. W. King, R. Shewan, Li Po michael and Company, Ltd., in favour of Mr. entry of his was on 27th October, 1899. The Sung, Man Yu Tong, See Woo. Sun Shing, Ritchie, and your Worship may think it a next entry after that was 10th April, 1900. He Lock Hing, Tak Cheong, Wong Wing-material circumstance in this case that between ceased to bo secretary after the last annual gone. chin, Leung Yau, Choy Cheng-li. Ng Chit-mi, December. 1898, and October, 1899, the time ral meeting. He only closed the accounts of Ahang, Anonymons, and Wei Laiwhan.
when Mr. Ritchie was pressing that these shares 1899 and handed over the books to the meeting should be put into his name, the defendant about March. The last entry he made was from displayed some anxiety to buy these shares H. Carmichael to A. Ritchie. There was an THE CHARGE AGAINST A COM from Mr. Ritchis at the price of $11 per entry in his handwriting stating that "Scrip
PANY DIRECTOR.
share. He would thus, of course have given No. 48 lost in Catterthun, now scrip issued by Mr. Ritchie a profit of one dollar per share order of the Board," dated 23/4/96. This was on the transaction. However, Mr. Ritchie written by direction of the Board, comprising. was unwilling to do that, and finally the cer- Mr. Carmichael and Mr. R. E. Humphreys. tificate for the shares were issued in the name He did not remenbor which of them in particular. of Mr. Ritchie, on the 27th of October, 1899. He expocted it was dooided at the mooting. So far as he was personally concerned, he did The position of the defendant in this matter appears to be this: He had, without any right, not know whether the scrip was lost or not In October 1897 there was an ontry by title, or authority, caused ten shares belonging lost.
He (witness) would not to the deceased man John Harper to be trans- his Chinese clɔrk.
That was done at have made the entry unless he had seen what ferred into his name. a time when the defendant was a director purported to be a transfor. He might have of the company, and the order was given boon directed by the Board, but so far as ho remembered, he had a transfer. Looking at to Mr. Potts, the secretary of the com- pany. I submit, your Worship, the defon- the transfer dated 16/10/97 ho did not know or authority the writing John Harper. This signaturo dant had no right or title to cause these shares to be put into his own name, purported to be witnessed by H. Carmicheal. and that it was done with an intend to defraud. He did not know any other Carmichael than I also submit, your worship, az a fair inference, defendant. In the body of the document were This looked like that an attempt to defraud does exist, and that the words 'ten shares.'
Witness identified fur- it was extremely suspicious that the defendant defendant's writing. should have been so anxious to buy those shares ther signatures of Carmichael and other writ- from Mr. Ritchie. It shows that the defendantings. All the time witness was secretary the realised he must have done something wrong-defendant was a director of the company. On October, 1897, he was 8 director. something he ought not to have done; and I 16th think I shall be able to show your Worship, In witness's day there was no Register of when the facts of the case have been fully laid Powers of Attorney kept. These were entered before you, that there was an intent to defraud. } in the index book. The red lines on exhibit B I will now, your Worship, call Mr. Wilson, who (a cancelled scrip) were made by him. The lines
Mr. Hugh Fletcher Carmichael, a director in the firm of Carmichael and Company, Limited. of this colony, was brought up before Mr. Hazeland at the Magistracy on the 22nd inst.and the following indictment was preferred against him :-" (1) That the said Hugh Fletcher Car- michael, then being a director of Carmichael and Company, Limited, a public company carrying on business in this colony, did, with intent to defraud, make a false entry in the books of Carmichael and Co., Ltd., to the effect that he, the said Hugh Fletcher Carmi chael, was the owner of the ten shares in Carmichael and Company, Limited, numbered 1020/1029; (2) that he, the said Hugh Fletcher Carmichael, than being a director in Carmichael and Company, Limited, a public company carry- ing on business in this colony, did, with intent to defraud, concur in the making of a false entry in the books of Carmichael and Company, Limited, to the effect that he, the said Hugh Fletcher Carmichael, was the owner of the ten shares in Carmichael and Company, Limited, numbered 1020/1029, contrary to Section 68 of Ordinance No. 7 of 1865."
Mr. H. E. Pollock, (instructed by M Moun- sey), barrister. appeared for the prosecution
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