Before Captain Waxsur, and two J. P., the Hon. J. J. Greexurecps and 'T. Smetror.
Monday, 25th November.
Aanox Ravage Josuva was arraigned to answer the following charges Ist Count.—For that the said Aaron Joshua on or about the 28th October, 1872, dishonastly did take certain property, to wit, 650 chests of opium, out of the possession of the Chartered Mercantile Bank of India, London, and China, without the consent of the said Chartered Mercantile Bank of Indin, London, and China, and that the said Aaron Josh has thereby committed an offence punish al under Sections 378 and 381 of the Penal Cole.
2nd Count,—For that the said Aaron Joshua on or about the Ist November, 1872, in Singapore, within the Colony of the Straits Settlements, did, cheat by falsely pretending to one Septimus Short, manager of the Chartered Mercantile Bank of India, London, and China, that: he had 650 chests of opium stored in his gene in Commercial Squar. ind by such false pretence obtain three receipts representing 650 chests of opium, representing a value of $400,000, from Septimus Short and John Fraser, manager and accountant of the Chartered Mercantile Bank of India, London, and China, and did deceive the said Septimus Short'and John Fraser, and induce them to write letter purporting to direct the said Aaron Joshua, as nianager of the business of the firm of Joshua and Brother, to deliver to themselves the above goods, viz., 650 chests of opium, stored in their godowns, and the said Aaron Joshua has thus committed an offence punishable under Sections 415, 418, and 420 of the Penal Code, Brd Count.—For that Aaron Joshua, since the 16th September, 1872, and on or about the 28th October, 1873, in' Singapore, in the Colony of the Straits Settlements, being entrusted as a merchant and agent with 650 cheats of opium, value $400,000, dishonestly id misappropriate and convert the same to his own use, i violation of the contract, touching the same, and did commit criminal breach of trust, against the provisions of Sections 405, 408, and 409 of the Penal Code.
4th Count.—For that the said Aaron Joshua id since the 16th September and on or about the 28th October, 1872, in Singapore, in the Colony of the Straits Settlements, being entrusted as a warehouseman with 650 chests of opium, value $400,000, dishonestly misappropriate and convert the same to his own use, in violation of the contract touching the same, and did commit criminal breach of trust, against the provisions of Section 407 of the Penal Code.
Mr, Arcrasox for the ition, Messrs. R. R. Woops and J. G. Davin for the defence.
Mr. J. D. Vavonas watched the case for the Oriental Bank.
Counsel for prisoner put in a plea of Not Guilty."
Mr. Atcutsox then give a brief explanation of the case, saying that the firm of Joshua Brother, who had been carrying on a large Opium trading busines here, bad, for "long given in the usual way; the clerk used to time past, very large dealings with Ghartared Mercantile Bank of India, London, attend to them. There have been frequent intermissions then, of opium going in. and and China, obtaining advances from them on opium, which the Bank had allowed them to going out of their godown, "The accountant will be able to tell about the way in which store in their godown. Aaron Raphael Jos-this business was managed. The last amount hua, the prisoner, had for some time past been of opium which the prisoner should have had managing the business of Joshua & Brother, in store was 650 chests; this was on the 31st and he hoped to show that Aaron Joshua had October, 1872. On the 28th October, 1 went made away with 650 chests of Opium, which to the office of Joshua and Brother and the Bank had so entrusted to him. There arranged to purchase Bills of Exchange from were several counts in the charge, upon which them to be drawn on David Sassoon, Son he should have evidence to offer by and bye. &Co,, and E. D. Sassoon & Ca., Hongkong, 'There was, his Worship would observe, one to be drawn at 10 days' sight, to the extent of count for theft, but perhaps it would not be $360,000, to be covered by Bills of Lading for necessary to say much upon that, But on 600 chests Benares opium. On the 28th the charge of cheating, it would be shown that October, the prisoner was very anxious after the prisoner had been guilty of withholding making' that purchase, to see it entered in from the Bank information which be possessed, my diary of contract work. He came over and by means of withholding that information to my office afterwards and asked that it had induced the Bank to give him up certain should be entered, and I did so in his presenei receipts, and a letter authorizing Messrs.
He told me the rate of discount, 2} per cent, Joshua & Brother to deliver to themselves as arranged, was very large, I immediately 650 chests of opium, purporting to be stored offered to cancel the bargain, for I felt sure in Joshua's godown in trust for the Bank. he could not place so large am amo Mr, Atchison would not take up the time of of the other Banks on so favourable te the Court, but would proceed to call witnesses, On the 30th October, these Vills for $3 The first witness was, were arranged to be given up to the dra Serrimus Suorr, who testified:—I_ on payment of the bills of lading. On the manager of the Singapore Branch of the El 30th October, the prisoner came to my office tered Mercantile Bank of India, London, and and told me he wanted to sell $30,000 more China. Messrs. Joshua and' Brother were customers of the Bank. They were large on Hongkong, on the same people, half on exch, I said I would take these bills at dealers in opium, and had large dealings with 2) per cent. jscount. Prisoner demurred from Calcutta, shipped by Elias "8. Gabboy my Bank. They used to get opium down to the rate, but acquiesced on condition that the bills of Inding against the small amount &Co. Sometimes I gave letters of credit to should be delivered up to the drawees on Elias 8. Gubbay & Ca. to get advances from acceptance of the Bills of Exchange. On the Bank at Calcutta under their (Elias tie 28th, I hud a conversation with the Gubbay & Co's.) guarantee to deliver to the prisoner at his office and godown in Coumer-Bank, bills of lading for opium shipped by ial Square about the opium in his store, them'in the steamers leaving Calcutta for I half-jocularly said to him, "It does not Singapore, Also, the Bank in Calcutta pur-look as if there were 650 chests of opium chased Bills of Exchange from Elias 8. Gubin the place." I then said, Oh! but I boy & Ca., attaching tacso Bills of Exchange had forgotten the godown under the stairs and Bills of Lading for an equivalent value of of the "Straits Times" Office. There is a opium. When the steamers arrived at Singa-large apace there where they used to store pore, we were in the habit of giving up the opium. He said, "Nonsense, my dear sir! Bills of Lading to Joshua and Brother, in It is all there!" He made that remark exchange for their godown receipts in favour before I said I had forgotten the place under of the Bank. When the Bills of Exchange the stairs, Nothing more was said about became due, they gave us a cheque on their the opium at that time, I am not quite current account, we still holding the receipts certain who was present, but I think that for the opium unless sold in the meantime. his brother, Mr. Joseph Raphael Joshua, They occasionally sold opium, in which case and his clerk, Mr. Elias, were there. To they came to the Bank and asked for an the best of my belief they were there, but order to deliver opium to themselves, which I won't be sure, After that conversation, order would be endorsed on the back of the went to the Bank Office, and the prisoner receipt. Thi" paper shown is the form of cane a little while after. " Idid not see the Bills signed and de] they went to the receipts that were usually given to the Bank receipt. (Form put in] That is the kind of Accountant. signatures to these papers by the firm, We also used to discount ills, now shown me are in the handwriting of and did the general Banking business of the defendant, [The papers are put in, being firm. Ithink it was early in March, 1870, letters of hypothecation marked D. and when Llast took charge of the Bank. 1am and 6 sets Bils of Exchange marked FG. H, not certain whether it was February or March.
J. J. K.] _I think it was on the 30th or 31st, after the Bills of Exchange had been arranged, Joshua and Brother on the 20th January, I took this guarantee (paper marked B} from that he took the $30,000. The prisoner told 1870. It is signed by Raphael Joshua, he had 600 chests of opium coming through guaranteeing that they would act faithfully the other Banks by the direct opium steamers, under the letters of credit on Calcutta, and also due on the Ist or 2d November. He proposed the part of Elias S. Gubbay & Ca. to carry guaranteeing the Bank against any failure on that he should give me the other Banks' Bills of Lading for the 600 chests, and that he out their part of the business. Iam not would give them, instead, 600 chests of opium aware if the prisoner has ever seen that letter that he held in his godown on account of my of guarantee, but he has obtained letters of credit from tne in pursuance of the terms of Bank. He wanted an order for the delivery of the balance, 50 chests, which he would ship that guarantee. I know the prisoner's hand-China. I agreed to this, and he asked me writing, and the signature in this paper now to instruct Mr, Fraser of the arrangement we shown me is in his handwriting. This paper had made, so that he could carry it out. The Bank was to receive in exchange for the account with us for the half-year ending 30th certificate regarding the balance, of their $30,000, bills of lading for the 50 chests. The Tune, 1872, showing that there was on that arrangement was that he was to give me bills Gate a debit balance by Joshua Brothers of of lading for 600 chests, and bills of lading $213,228. I have the Books of the Bank for 50 chests, against $390,000. We of course here, and in this one, the Current. Deposit hiad to give him up the receipts for the opium Ledger on the Ist July, 1 find the sum men-held by him on our account, He proposed tioned in the letter. At that time there was the arrangement about the other Banks' bills opium in the godown of Messrs. Joshua of lading; he said it would save us all a great Brother, under the control of Aaron Raphael Geal of trouble, and the 600 chests of opium Joshua," then acting as manager of their from Calcutta being shipped optional for Sin-business under a power of attorney. This gapore or Hongkong, it would save him the ywer of attorney he had shown to me, and it ex of shipping it from here. When the jad_ been registered in the usual way in the Bank's books. His father brought him to me before be left, and said he would take over charge of the business of the firm. There were on the 30th June, 425 chests of Opium in store in their godown on our account; at least the Bank held rece 425 chests. I did not ast him at that time if he bad that amount in store. The receipts were not given tome personally, They were Bills came ins they would be placed to credit, if the accounts were in order. Girect steamer did not come in on the Ist November. The direct steamer China from Calcutta arrived on Sunday afternoon, the Sed November. She was expected, on Bator day. The prisoner had asked that Mr. Fraser should be acquainted with the arrangement made, so that he could send the opium to the wharf on Friday, as the steamers were expect
Text read from the printed page and cleaned; old type leaves the occasional error.