January 12, 1901.]
THE CHARGE AGAINST MR. H. F CARMICHAEL.
The hearing of the charge against Mr. Hugh Fletcher Carmichael, of Carmichsel and Com- pany, Limited, was resumed before Mr. Haze- Land at the Magistracy on Thursday morning, Brd inst
Mr. Pollock, Q.C., who was prosecuting, said he wished to add two more counts to the charge, us follows :-) :I
(5) That he, the said Hugh Fletcher Car michael did, with intent to defraud, forge a transfer of a certain share and interest in certain capital stook, to wit, ten shares numbered 1020/ 1029 in Carmichael and Company, Limited, a company established in this colony by virtue of the Companies Ordiances, 1865 to 1890, which Baid transfer purported to be a transfer of the said ten shares from one John Harper to the said Hugh Fletcher Carmichael,
(6) That he, the said Hugh Fletcher Car michael, did, with intent to defraud, offer, utter, dispose of and put off a forged transfer of a certain share and interest in a certain capital stock, to wit, ten shares numbered 1020/1029 in Carmichael and Company, Limited, a com- pany established in this colony by virtue of the Companies Ordinances, 1865 to 1890, which said transfer purported to be a transfer of the said ten shares from John Harper to the said Hugh Fletcher Carmichael-he, the said Hugh Fletcher Carmichael, at the time he so uttered the said forged transfer of the said stock, well knowing it to be forged.
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CHINA OVERLAND TRADE REPORT.
Mr. A. P. Guterres, clerk in charge of the Mercantile Marine Office, said he had been in that office for the past 22 years, and, as clerk in charge, the crews of ships signed their articles of agreement before him.
Mr. Pollock: Are these the articles of agree ment of the crew of the Catterthun?
Mr. Slade: I object. How can these articles be evidence against Mr. Carmichael P
Mr. Pollock: They are to identify the signa ture of Mr. Harper...
Cross-examined by Mr. Slade, he was present at the general meet michael and Company on 5th December
Q.: Was the business before the meeting. the voluntary winding-up of the company's affairs P
A. Yes.
Q.: On that occasion was Mr. Hurley pre sent?
A. He was. QTo what day
Mr. Blade: This witness will only be repeat-journed. ing what some one else has said to him,
His Worship: Did you know J. Harper ? Witness: I might have seen him, but I do not know him. -
After some discussion regarding the admisi bility of the articles as evidence, witness was told to stand down.
The witness Archibald Ritchie, who gave evi- dence at the previous hearing, failed to answer to his name.
Mr. Blade: I have some very important ques tions to ask him.
A coustable was. sent to Ritchie's place of business to fetch him.
Mr. Pollock: There is one witness I might call to-day, Archibald Harper. He is going away.
After discussion as to the advisability of hearing Archibald Harper's evidence at this stage, his name was called three times, but he, too, failed to answer, and a constable was des patched to ascertain whether the steamer Whampoa, on which Harper is employed, had left.
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Mr. Slade, who appears on behalf of Mr. Carmichael, strongly objected to the insertion His Worship decided to hear evidence regard- of these two counts, but his worship finallying the serving of the subpons. decided to accept them, and to hear evidence on them along with the others.
Mr. C. S Sharp, partner in the firm of Gibb, Livingston, & Co, was the first witness called. He said his firm were agents for the 3.8. Cafterthun,
Mr. Pollock Was that vessel sunk off the boast of Australia ?
Mr. Slade: How can this witness answer such a question? I object
Mr. Pollock: My friend need neither be so emphatic nor so energetic.
Mr. Slade: My objection is really only formal, to keep my friend in order. How can the witness prove that?
His Worship: Was he (the witness) on board? Witness: No.
M. Pollock: Have you received advices from your agents in Australia?
Mr. Slade: I object to hearing the contents of any advices...
Mr. Pollock: Have you received advices from the agents of the Eastern and Australian Steamship Company at Australia containing a reference to the loss of the Cutterthun?
Mr. Slade I object, because my friend is not entitled to ask the witness the contents of letters received from a third party.
His Worship: I do not see that any such question should be asked. Has the letter been described PILM ?
Mr. Pollock: I propose to produce the letter, It is in there (in a book in witness's hand).
Mr. Slade; I object to the letter. It is very hard lines to have to teach my friend how to put questions. I don't like to tell him how to put questions.
Mr Pollock retorted that the question gested would be absolutely idiotic.
John Godfrey said he served the subpoena on Archibald Harper on the 2nd inst. in his mess room on board the 8.8. Whampoa. Before serving it he asked if the man's name was Archibald Harper, and he replied that it was. He, however, said he could not be sure of attend- ing court, as, if the ship left in the morning, he must of necessity go with her.
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Mr. Pollock: What did you say to that? Witness: I had nothing to say. It had nothing to do with me.
Mr. Pollock: Has the steamer gone? Witness: I do not know.
On the application of Mr. Pollock, a warrant was issued.
William Edward Wilson, who gave evidence on the first hearing of the case, again went into the box, and was questioned by Mr. Pollock, who asked him to produce the minute book of Carrsichael and Company.
Mr. Pollock: Is there any entry there of a meeting being held with reference to issuing a fresh certificate for John Harper's ten shares ? The date will be about the 23rd of April, 1896:
Mr. Slade: Of course, your worship, I could take objection to this, but there have been so many objections already that I shall not do so.
Witness: The entry is here, signed by R. E. Humphreys on April 21st, 1896.
At this point Sergeant O'Sullivan entered court and reported that Mr. Ritchie was not in his office; he had gone to Quarry Bay. A warrant in this case also was issued, Ser- geant O'Sullivan being instructed to serve and also that for Archibald Harper,
Continuing, Mr. Pollock asked if the witness had said that the company was established in sug-coloný by virtue of the Ordinance.
Mr. Hazeland: I have disallowed your ques- tion, Mr. Pollock, etzantes Fol
Mr. Pollock Have you got, Mr. Sharp, a letter, book containing letters from your agent in Australia P
Witness: I have letters from the managing agents of the Eastern and Australian Steam- ship Company, Limited.
*Mr. Slade. Oh, that is all right. It is only a private matter, then, between you and witness. Aletter is in exactly the same position as verbal evidence. A letter, written by a man in Australis is not evidence against Mr. Car michael, especially in a criminal case, unless I have the writer here to cross-examine him.
His Worship: I don't know what the letter is ***Mr. Slade: Nor do I, but I don't want any thing here which is not evidence in the case.
Mr. Pollock I won't press the question. I have nothing further to ask the witness.
Mr. Blade: I have no questions,
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His Worship: That is very evident; it could not be a company otherwise.
Mr. Slade: Just a waste of time, your worship. Mr. Pollock: Was Mr. Carmichael's name ever put on the register as the owner of the ten shares, 1020-10297;
Mr. Slade pointed out that the existence of that entry had already been established.
Mr. Pollock : Can you tell us whether an actual scrip for these ten shares was ever issued in Carmichael's name.
To facilitate matters, the register was handed to Mr. Carmichael, who turned up the scrip enquired for. The scrip was issued in the name of Hugh Carmichael, and signed by B. E. Humphreys and H. Carmichael, as directors. Q: Did you know any other H. Carmichael or Hugh Carmichael than the defendant. ́s
A: No.
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Q: Is there any entry in the minute book with reference to that scrip being issued ?
A. There is no entry.
A. The next day,
that meeting ad-
Q: What was done the next day ? A: I believe Mr. Carmichael further ad- journed the meeting till the following week.
Q. At that time, either at the meeting or elsewhere, did you hear Mr. Harley use words to the effect that Mr. Carmichael would not be present at the adjourned meeting
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A: Yes.
Q: When was this P
A.: Op the 6th. (After a pause) --I did not really hear Mr. Hurley say the words, but heard that he said so.
Mr. Pollock at this point objected to the nature of the cross-examination contending that the questions were not relevant,
Mr. Slade protested that it was very relevant to himself and to his client to find out that Mr. Hurley had procured the arrest of Mr. Car michael on the day of the meeting, especially when it was remembered that Mr. Carmichael- held all the proxies for the winding-up of the company. Mr Slade then continued.
Q. In consequence of the arrest of Mr Carmichael, what happened?
A. We declared it no meeting. The resolu- tion for winding-up was not put
Q: It was indefinitely postponed P. ⠀⠀ A: Yes.
Q: Have you the ledger of Carmichael and Company for 1896-97 ?
A: Yes.
Q. Will you turn up Harper's acopant? Witness did so. The entry relating to Har per's account read-"Harper, Shansi, $10.” The date was 22nd December, 1898.
Q: Will you also produce the rough cash book?
This was done, when a corresponding entry was found...
Q. Whose handwriting is that ?. A: Mr. Carmichael's.
Mr. Pollock interrupted to say that there was no evidence as to who kept the books or în whose handwriting they were; and further, he would also submit that the fact that certain entries were made by a certain man was not evidence.
Mr. Slade contended that it was evidence. It was exceedingly cruel to keep this charge hang- ing over the defendant's head when it could be shown from the books that no case of fraud could be established.
Mr. Pollock: As to that, I am sorry I can- not assent to any friend's suggestion. I have one other, a most important witness, if we can only get hold of him.
Mr. Slade You might easily have kept Mr. Parper here if you had wanted to do so.
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Mr. Pollock Well, we did our best.. I don't see what my friend would have had us to, short of keeping him in a cage.
At this point Sergeant O'Sullivan returned with Archibald Ritchie, who was put into the witness-box.
His Worship: Why were you not present this morning?
Witness: Your Worship, there was a mis- understanding. I thought I was to receive an- other subpoena.
amination
His Worship: You knew very well your cross-examination had not been concluded.
Mr. Slade then took up the cross- of the witness.
Q: When you were in Carmichael & Co., did you help to keep the books?
A Well, I was an assistant. Q: Will you answer the question — ye nope
A.: Yes.
Q.: You know the books kept? There was a small rough cash book
Yes.
In that book entries
Q.
and copied into the clean c
A: The entries were copied
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