Mr. Wainewright appeared for the prosecution, and Mr. H. S, Wilkinson for the defence.
Lxppett, called by Mr. Waine-of W. Birt & Ca. Last year we received wright, said: I am partner in the frm an order from the Teng-yuen hong for certain goods, Among them were a lot of velvets. The goods came by different steamers. The four'cases in question came by the Orestes. They were stored in the godowns of the Shanghai and Hongkew Associated Wharves. No delivery order wae given but the bill of lading was handed to Yin Shen-fu, our godown keeper, with instructions to bring the goods into our Brey wore delivered from the wharves on downs, They were never brought there.
October 22. I produce the bill of lading with an endorsement on it showing to whom they were delivered, from godown No. 15 of the Associated Wharves, That delivery was not made with our knowledge or consent. We have never been paid for the, cods and have never paid duty on them. before the goods cauld be taken away from he duty has been paid. It had to be paid
the wharves. It was paid by a bank order of the Teng-yuen hong on the Ya-now yank. I caused inquiries to be made at the Teng-yuen hong about the goods, by the police and my own people. We received bargain money from the Teng-yuen hong.
Cross-examined by Mr. Wilkinson—I am now the manager of Birt & Ca. here. The goods were imported by us for the Teng-yuen hong on commission terms, I produce the original contract. Yin Shen-fu's duties included soliciting orders from the Chinese. He received money from Chinese in payment for goods. Under instructions from Mr. Vale, it was his duty ty deliver goods to Chinese. I cannot say if the Chinese could know what instructions Yin Shen-fu received from Mr. Vale. In the ordinary course, if the Teng-yuen hong paid the money they would most
not know who handed the bill of lading to Hey pay it through Yin Shen-fu. I do Yin Shen-fu, and I do not know what it he got, [had nothing to do with Mr. Winxtxsox here objected to the witness giving evidence on matters about which he knew nothing.
Mr. WatxewnicHr contended that the witness could depose officially to facts as the head of the firn.
Cross-examination coutinued—I know nothing about this bill of lading except whut some one else has told T do not know the amount of the bank order with which the duty was paid. I cannot tell the date when we asked the police to enquire at the hong. Our own people were sent in December. I do not know the day. Ido not know whether all the goods sold
ment had been paid for. I cannot say to the Teng-yuen hong before this ship-whether anyone looked after the delivery of the goods into the godown. It was some time in December when I first knew the goods were not in our godown. learned it from my brother. Yin Shen-fu had run away at that time. Some time in November Yin Shen-fu admitted that goods were not in the godown which ought to be there. I cannot say how long Yin Shen-fu romained in our employ after his confess tion; I was employed in another depart-taut of the business, It was no part of my duty to know the told him the number of the godown and the amount of duty to be payable on the goods. marks and numbers. ie said he had Hanotp Vaz stated—I had charge of never seen the goods and knew nothing Birt & Co.'s import business up to the end about them. I made these inquiries charge of it since then. "Alter goods which of last year, and have practically had through the native detective. Al. the inquiries were not addressed to Chang Birt & Ca. had ordered for native firms Ping-wha, but he was present throughout, arrived, they were only delivered on pay-The native examined the books, but found ment for them in cash or by approved nothing relating to the four cases of velvets. native bank orders. On payment, the Tsen Tsao-cHEn, native detective, said first thing was to obtain a delivery order.—I remember going with the last witness e Teng-yuen hong was to pay the duty to the Teng-yuen hong, on December 7th, on these goods. I had no concern with at 9 am. We saw Chang Ping-wha and the amount of the duty or how it was the other man there. Lasked them if they paid, except that to oblige a customer had had four cases of velvets from No. 15 might put the goods through the Custom godown on the Hongkew Wharf, and they House for him. I gave no delivery order replied that they had not. Chang Ping-wha for the four cases of velvets in ques-said that according to custom when dealtion. I never received payment for ing with a foreign firm the goods could them. I gave the bill of lading to Yin only be obtained after payment. I saw Shen-fu, in order that he might bring the an entry of some cases of velvets in a book goods up to our godowns. They were which Chang Ping-wha showed me, and I never brought. There had been other told Inspector Keeling about it. transactions with the Teng-yuen hong, and A book was here produced in court for Thad issued delivery orders in their favour the witness to examine, and he identified fore. Yin Shen-fu did not remain in the the entry in it as the one which was shown employ of the firm after he had confessed. him. Inspector Keeling, however, said He remained about the premises for some the book was not the one which was shown time. He seemed repentant, and hel him on his visit.
On that occasion he did me to trace goods that were missing. That not see the English marks and numbers of was the only reason why he remained about the cases in any book. He denied that the premises. 1 caused inq to be the native detective told him anything made about goods which the Teng-yuen hong ought to have taken up and had not taken shout the marks and numbers being in the ook. up. I sent repeatedly, asking them to take the goods. I produce a list I sent of goods for this bouk to be produced, and, on b ing Mr. Watsewnicut accordingly asked not taken up. It includes the four cases of informed that it was not in court com-velvets. A man came who represented plained that the order of the magistrate himself as coming from the hong. Neither to bring books into Court had not he nor anyone else ever said the hong had been complied with. taken delivery of the four cases. The in The proceedings were here temporarily question came rather late at night and sai id suapens led for the small book in question he would return and investigate the matter, but did not come back again. Other goods imported for the same hong have disappeared and have not been paid for. They were also goods of which we had not given delivery. "They were goods in our own godown Cross-examined by it. Witxixsox—L did not receive any delivery order with the bill of lading from the bank. From time to time bills of lading were given by W. Birt & Cv. to consignees of cargo to take delivery. The difference would be th instead of this being delivered to Birt's Wharf it would be delivered to W. Birt Ca., and instead of the signature of Birt Wharf Ca., it would be that of W. Birt & Ca. Ido not suppose an ordinary Chinaman would understand the distinction. Yin Shen-fu admitted that goods had been removed from the godown without delivery orders, and that some of them were destined for the Teng-yuen hong. pose what Yin Shen-fu admitted amounted to embezzlement. I saw him in tears. I understood that Yin Shen-fu admitted that he had stole: goods from the godown.
Re-examined by Mr. Warxewnicns—The list produced does not contain any cods which I knew were not in the godown.
he hong never asked for delivery of these; oods. If I had wanted Yen Shen-fu to deliver the goods on payment I should not simply have handed him the bill of lading endorsed in blank; in this case I should have sent the money to the bank and asked them to make the document in favour of W. Birt & Ca. If there had been money in hand on account of goods for the hong, they would have been entitled toit. They had never applied for it.
Mr. Wrtxrxsox—The application will be made forthwith.
Mr. Warxewxicut—Then you won't get Inspector Keune said—I was asked to make some inquiries by Birt & Ca. about the cases of velvets. I made them on Dee. 7 at. the Teng-yuen hong, of Chang Ping-wha. I was in company with Chinese detective. I asked Chang Pingyha if he had taken delivery of four cases to be produced; and it was brought into Court after about twenty minutes.
The native detective, recalled, said the book was somewhat like the book he saw, but. he could not identify any entry.
Inspector Keene, recalled, identified the small book as the one shown to him. He recognised in it an entry with the same mark as in the bill of lading; but with different numbers. If the native detect have said anything about the ent would not have gone on to the wharf, did, to make further inquiries, The case was then adjourned till Tuesday next. Mr. Wainewright raised an objection against bail being allowed, but the objection was overruled.
Text read from the printed page and cleaned; old type leaves the occasional error.