310
Auth they knew
merican ships.
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[May 1903
itially
THE HONGKONG WEEKLY PRESS AND
submitted by Chiness through à foreign firm, | bim in that matter, kë sub the course was that the Chinese tendering Lordship could not too immediately put up a ortain amount of money to the gentlemen of the ju y. as security to the Government in many cases. of proof lay on the defendan In this instance the American Commercial that the defendants' case was Company also required security from the Chinese a case of frand Defendants mid tha the tendering through them. Furthermore if the plaintiffs fracdulently made this tender was successful money would be required as to the contents of the box and their valus the in many cases for the purchase of goods for with the intent to defraud and delivery. Well, the capitalist of the firm was "dants. If the money was proved not to the plaintiff. He furnishid all this money, been in that box fraud would be proved This brought them down to 12th September,|| again t the plaintiffs. But the money, was 1902, when the plaintiff wanted to put the in the box. There was no possible Manila firm in a position to be able to ffer for evidence they could call as to the contents these large contracts. At that time he had a of the box unless they called somebody who very large sum of money in American gold in had opened it and looked in; and they could Hongkong-$5,000 and a balance over. He not do that because defendan's « ssid in their arranged in the correspondence referred to to transfer the whole of this for the purpose indicated to Manila. There was some discussion as to whether the most reasonable course was to send or take it down. The manager of the Hongkong and Shanghai Bank at Manila had been called and he frankly said that if the money was here and plaintiff required it there he could not do better than take it or send it down. He had it in American currency here and wanted to send it down in American cur- rency. A few days before 12th September the plaintiff firm arranged with Messrs. Sheway, Tomes & Co, special terms for freight for this treasure-81.25 per $1,000; and also a few days before the despatch of the money the Man Loong insured the money with the Po On and the manager purchased an ordinary ballion box two feet long, one foot high and one foot broad, similar to those which one sees outside the Hong- kong and Shanghai Bank, heavily battened, with seals where the lid joins the box. Also a few days before the 12th the firm wrote to their agents in Manila informing them that this money was about to be sent by the Zufiro. Early on the inorning of the 12th September, the day on which the Zafiro sailed, plaintiff sent for his manager and told him that this money was to go that day. The manager, who had been many years with the firm, was the man who actually did the packing. It was done in the pre conce of the plaintiff and of another man who was not in the room all the time but a good deal of the tim», a foki of the firm; he could not say how much was in the box but he could say that there was money in it. The manager who packed the box counted the money, and the plaintiff himself prior to handing it over to be pat in the box counted the money. The box was sealed, as soou as packed, with several seals, and it was theu addressed both in English and Chinese, "T.8.T." in English_and Kwong Hing Loong" in Chinese. When the box was packed, the manager, the plaintiff and another man took it down to the Praya, and got a sampan; the first two went into the sampan and took the box off to the Zafiro. Plaintiff actually took the box on board. The box Was delivered to the second officer Mr. Evans, who was in charge of the Zuftro at that time. Mr. Evans gave a receipt for the box. The receipt was as follows:-" No. of packages, 1 case, received on board the Zafiro from the Man Loong for Manila; case marked 1.S.T.'; description of goods, United States banknotes; cost, $50,000 gold money; received one only. E. Evans." In the bill of lading the case of banknotes was described as
""shid value $50,000,"
that sum profits?,
in the negative. That The prof were very ger than the American fectly reasonable if also had a branch yearly profits of which were onsiderable, something like $20,000 Mexican pər sonum; for many years they had his in Singapore and Cantou where onsiderable business was done; and in addition these businesses the plantiff was left a large amount in ready money by his father. Therefore, he thought, the evidence to be given - would satisfy the jury that the plaintiff was a wealthy man, and presam- ably a man who would be in a position to send not only $30,000 in case it was required to Manila but very considerably more; and that the occasion required it, he would show them presently. As to the character and standing of the firm, they had the evidence of their large dealings and an immense number of testimonials which appeared in the books from practically all the American men-of-war which had, b en here, testifying to the satisfactory manner in which the firm had done the compradore business with the ships. Messrs. Shewan, Tomes & Co. themselves had received more than $5,000 from the firm for conveying goods to Manila in the first six months after the firm established a branch there, and similarly large sums had been received by other firms like Messrs. Jardine, Matheson & Co. and Messrs. Butterfield & Swire, The Po On Insurance Co., who insured this package, would also speak to large shipments of goods to Manila as soon as the branch was started there. After the American Navy in July, 1901, began purchasing their supplies in Manila, the plaintiff firm established a branch in Manila; that was early in 1902, Having done the supplying business here for all these years, the plaintiff opened an agency in Manila to carry on the business there. This agency was called the Kwong Hing Lo ng and it was to that
that agency that the box containing the notes was afterwards sent. There were two other partners in this agency besides the ‚plaintiff, who held one half of the business and the others each one quarter The goods sent to this agency in Manila were almost entirely supplied from Hongkong. Shipments of goods during the first six months after the establishment of this business were very large.
•Two or three months after the business was started in Manila plaintiff learned that very large profits were being made in Government contracts for supplying food and clothing, &c., for the navy, army, police and bivil government and various government departments there. Hearing this, he entered into correspondence with his agents there on the subject a correž pondence which extended over two or three months and on the project which was hatching itself in the plaintiff's mind at that time to transfer a considerable · portion of his capital to Manila for this purpose: A messenger was sent up from the Manila branch: to Hongkong to more explicitly explain to the plaintiff here the details of the scheme, and various people advised the plaintiff to go in for it. Then, seeing, as he thought, a good opening for his capital he had a certain amonnt which he did not require here plaintiff entered into the scheme and very nearly went to Marila himself to take charge of that branch. Probably but for the events lead
o this action he would have been în charge of the Manila branch now. With regar
to the system of tendering for ment contracts in Manila, the Chinese ver made a tender in their own name. It they did so they found Hemselves un- der
tage. Therefore they always tendered
some foreign firm. There firms down there who entered into with Chinese fo - contracts, and firms would be the contractors appear as such, and the arrangement on a share of the profits. The plain- ment of this kind with the Company. He arranged ons contracts for sup- a very short one for a for police like. In the case of tenders
Sa
to
f
His Lordship-You intend to put that forward as an acknowledgment of the receipt of a case of U.S. bankuotes said to value $50,000 P..
Mr. Sharp replied that he did intend to do so if the defendants did not get behind their bill of lading. The bill of lading was sent to the Kwong Hing Loong by the Zafiro, which was important for the reason that the loss was not discovered until the consignee at Manila actually went on board with the bill of lading in his hand and asked for the box. He could not do that until he had the bill of lading, which of course was two or three hours after the arrival of the Zafiro at Manila, and it was perfectly clear that there was ample opportunity for the thief, whoever he was, to have landed his booty before suspicion was aroused, The Zafiro lay in the harbour of Manila for many hours before the theft was discovered. With regard to the law, he submitted to his Lordship that the real burden of proof in this case was upon the defendants and if his Lordship were with
defence that the case was not delivered to the consignee in consequence of the case having bee abstracted from their custody on or before the arrival of the Zafiro at Manils. If the defence failed to prove fraud they must fail in their case. Fraud like crime must be proved beyond any reasonable possibility of doubt. No amount of doubts and insinuations would sufios. In the second place s shipowner who sought to impeach or falsify a bill of lading must prove bis case against that bill of lading. In these circumstances, he submitted, he need only put in evidence of the most formal character and leave the case to the defendants. But he would not confine himself to this. In conclusion Mr.- Sharp reminded the jury that this was a case of a foreign firm against a Chinaman. It was sometimes said that in these cases-juries differentiated to some extent to the disadvantage of the Chinaman, the party wlio was not their national. He did not believe that Awas” 80, He did not believe an European, a British jury: was disposed to do that in the smallest | d *gree. Our Courts out here had earned
themselves for
a very high reputation amongst the Oriental people, who found they were treated with equal justice with Europeans in them? That reputation for equity, justice and fair dealing had been well earne', he thought, ant he was sure the gentlemen of the jury would agree with him that it was a reputation which it was most desirable to retain. There fore when he left the osse in their hands he did- so without the smallest doubt that they would- try it without any bias against the Chinese party. The plaintiffs did not suggest that the chief officer or any officer who might have had charge of the treasure on the steamer stole the money; it would be extremely wrong to do so, They had po evidence against any officer and in justice to the officer who had nominal charge of the money he must say he would be the last person to be suspected. But defendants' ser- vants must have been concerned.
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Evidence was called.
1
Poon Shek Sang, examined by Mr. Sharp, said he had been for over 10 years manager of the Man Loong firm. Their business was the supplying of provisions and sundries to the American Navy. His own duty was to se0 10 the shipment of goods abroad. There was a box from the plaintiff firm shipped on 12th September by the defendant firm to the Kwong Hing Loong in Manila; it contained bank notes. He bought the box the day before i was despatched. It was a wooden box- 2 feet long, 1 foot deep and 1 foot high. It was specially made for containing money. He bought it in a shop in Gough t Street. On 12th September, 1902, about 7 o clock in the morning his master asked him to go upstairs. He did so is master who was in the room asked him to pat banknotes into the box he had bought on the previous day. He did go. The notes were tied up in bundles and were lying on a settee His master told Lim to untie the bandles; then his master counted the notes and at the latter's request. witness also counted them. There were
all $49,50) in notes. In order to make up, a round sum his master took out of the safe 20 rolls of silver dollars. He did not open the rolls of dollars, - These 20 rolls were put in the box along with the notes. Some odd notes that were left over were put back into the sife. The notes and dollars put into the box did not quite fill it. Some old newspapers were put in to fill it up. He afterwards put the lid box and the master sent the fo i shop for sone nails and a hammere nailed down the lid. The box was then sen
der thei the
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