hai, 14th February. Before Sir Ricuarp Rexste, Chief Justice.
T Lay-vim axp Cnase Prxo-wna yr. Bur & Ca, The hearing of this case was resumed.
plaintiffs and Mr, Warsewnicur for the Wruxtssow again appeared for the 'Ouaxc Prxa-wia, recalled and cross-examined by Mr. Warnewricut—The comwradore's office in defendants' hong where waited on 24th October is in a small room Goxvox Tuomas How, examined by Mr. Witxixsos, said—I have examined the current account of Win. Birt & Ca. at the Hongkong and Shanghai Bank. I find that Tis, 5,000 were paid into the account on 24th October by native bank order. On the 16th and 16th November Tls. 1,500 each day were paid in to the credit of their oun accunnt by native bank orders.
By Mr, Wis1ssox—The paying-in slips were written by one of the Bank Portu-po staff, I produce a letter from the defendants accompanying the bank orders and dated 12th Nov.
There were two paying-in slips on account of Tls. 1,500 being Torn Nov. payable on 15th Nov. and is." 1,500 on
Wo Dick-Laxc, examined by Mr. Wilkinson, said—I am head shroff of the Hongkong and Shanghai Bank. I have examined the Chinese books in relation to ments on 24th Octuber to the credit of irt & Ca, I identify the Tls. 5,000 in the paying-in slips produced with the Tls. 5,000 order on the Lisdah bank. Te. was paid the same day. I find two entries Tespecting the same account on 15th and 16th November, being receipts on mortgage account of W. Birt & Ca. each Tls. 1,500. On the 15th the Tls. 1,500 were composed of four orders, on the Shen Yii bank. On the 16th eight orders were paid in (of which witness gave particulars).
Zay Zax-zv, examined by Mr. WitkrINsoy said—I am compradore to Mr. Alex. Bielfeld. On the 24th October, I received from Yin Shen-fu severa! bank orders of different amounts. He requested me to exchange them all for one of Tls. 5,000 and another for Tls. 1,000 odd. I got the order for Tis, 5,000 from the Li-dah bank in exchange for some of the orders Yin Shen-fu gave me, and another order in exchange for the balance. He tuid me that he could not pay all the small orders into the Hongkong and Shanghai Bank, so to oblige him, and as I was busy at the time, I gave him my pass-bock to take to the Li-dah bank and get the two orders, Yie Shen-fu subsequently brought back the pass-book.
Cross-examined by Mr. Warsewnrent—It was about half past two in the afternoon when Yin Shen-fu came with the orders. Yin Shen-fu had no transactions with the native banks, I was not very intimate with him, but I agreed to let him have two orders for the others. It was about three o'clock when he brought the pass-book back. Theard that Yin Shen-fu was going to be Birt's compradore. I sent him a pair of congratulatory. scrolls, as is the custom when a friend becomes a compradore. My name was on the scrolls.
Re-examined by Mr. Wiuxrxsos—I have known Yin Shen fu some time. I knew him when he was a shroff in Carlowitz Co,'s. He had been at Birt's about two years, and did no business outside that firm's. When he brought the bank orders I thought it was in connection with becoming Birt's compradore and that he was paying in money as security. Before that time Yin Shen-fu was ina responsible position having had charge of all the import cargoes at Birt's.
On resuming, after the interval, T Liv-vin was called and examined by Mr. Witxrsox. He siid—I remeniber Chang Pirg-wha consulting with me about the post of compradore at Birt's. That was on Toth October. Chang Ping-wha told me that Birt & Ca. wanted a compradore, and asked me if I would like to take the berth, He also said Yin Shen-fu had asked him if he would take the berth. Chang Ping-wha told me that Tis, 10,000 would be required. I promised to give him an answer in three days He said if T liked we could each advance Tls. 5,000 and divide the profits He said Tls. 6,000 would have tu be paid down to Birt & Ca. asa guarantee, We paid Tls. 5,000 on the understanding that we should begin work in a fortnight. On 17th October Chang Ping-wha came to me and said that he had to pay the Tls. 5,000. On 6th November Chang Ping-wha told me that Birt & Ca, waited to see the new compradore. Nextday I went to the hong with Chang Ping-wha and 1 Wei-chen, "Chang Ping-wha did not go into the office. I Wei Yin Shen-fu and myself went into the office to see the master, whom I now recognise in court. I Wei-chen, whocouldspeakalittle English, began the' conversation by asking Mr. Liddell how long he had been in business in Shanghai. I Wei-chen told me that Mr, Liddell, who replied in English, said he had been in business there twelve years, Yin Shen-fu then came into the room and acted as interpreter.
Mr. Liddell said through Yin Shen-fu that the old compra-dere's accounts were not yet settled, that it would be a few days before the new compradore could come, and that he (the new compradore) must ' pay three or four thousand taels to enable Mr. Liddell to settle with the old compradore. We said we would pay on the 19th of the) moon (Nev. 11th} The master suggested we should pay it on that date, On Nov, lith, I went with I Wei-chen to the hong and saw Yin-Shen-fu there. We went wit! him to Mr. Liddell's office, where I gave Tls. 3,000 to I Wei-chen, who handed it to Mr. Liddell. The money was in the form of twelve bank orders, (as specified in the second schedule) some falling due on the 23rd day of the moon and some on the 24th, We received a receipt, the body of which was filled up by a writer and the signature added by Mr. Liddell, I did not know at the time that Yin-Shen-fu's name was on the receipt. I did not know it until the day after Yin-Shen-fu ran away, on Nov. 28th. I then learnt from other people to whom I showed it that Yin-Shen-fu's name was on my last visit to Birt's I did not go again aril Nov. 16th. I Wei-chen, Yin-Shen-fu myself saw Mr. Liddell. "Through Yin Shen-fu I said I had come to act as compradore. Mr. Liddell said he was very busy and I had better come back in two days. I did so and s-w Mr, Liddell again. He said through Yin Shen-fu that he was very busy. I was a little suspicious of Yin Shen-fa, and I pressed for a definite date at which T was to commence. Mr. Liddell then said (through his office boy, who also interpreted) that I could come in a week's time. On Nov. 25th I sent I Wei-chen to the hong. On Nov. 28th I went there with I Wei-chen, We did not see Yin Shen-fa there, and went to see Mr. Liddell, who professed to know nothing about it. I asked about the money I had paid, and Mr. Liddell said the money had been paid him by Yin Shen-fu, who owed him Tls. 10,000. I asked to see Yin Shen-fu, and Mr, Liddell said he was not there. Mr. Liddell also said he knew nothing about me as compradore. I said Yin Shen-fu must be found, to clear the matter up; and Mr. Liddell said he was looking for him, On the 30th I went to Mr. Wilkinson's office.
Cross-examined by Mr, Warxewricna—Tam 30 years of age, and am engaged in the beal-oil and junk trade, Tam the master of a hong, and have been in that Position for two years, On account of unsines being bad it was shut up this year. At the time of this business it waa not shut. Idid not then know Yin Shen-fu, The first time I met him was on November Tth, The first time Chang Ping-wha spoke to me about this business was on October 15th, and from that time to November 7th I did not see Yin Shen-fu, On October 17th Chang Ping-wha told me the compradore would get Tls. 30 a month wages and about 'Tls. 2,000 commission a year, 'The commission was to be paid by the master, who would deduct it from' the accounts, The wages and commission were divided equally between Chang Ping-wha and myself, I have never been compradore to or in the employ of a foreign hong. Ihave never been in Birt & Co,'s remixes before. I do not know their jermer compradore, I made no enquiries about their business. I relied entirely upon Chang Ping-wha, T never advanced mioiey to a foreigner before. I Wei-chen was to be accountant under me, Yin Shen-fa was not to be paid anything. heard Yin Shen-fu say that Birt & Ca, were to give me 8 per cent. interest on the money advanced, That was on 7th November. Yin Shen-fu said in Mr. Liddel!'s presence that 8 per cent intereat would be paid. "The money wns really not to have been paid until commencing business, but I advanced the Tle, 3,000 on the representation that Birt's wanted to clear up accounts with their old compradore.
I understood I should have charge of the godown and of the iny rt cargoes. I did not know what Yin fu was going to do. On Nov. 281 wont with a friend named Tso Zi-2ung to Birt's, T took my friend to interpret because the office boy would not do so. He never told me that it. was no business of Birt & Co.'s and that I must go to Yin Shen-fu for my money. I never met Chang Ping-wha at any time while I was at Birt & Ca. It was my intention to carry on my own trade after becoming compradore. I told some of my friends that I was going to be compradore. No one presented me with a congratulatory scroll, because the day was not known.
Re-examined by Mr, Wrixrxson—I was willing to act on the same terms as the old compradore, The Court adjourned until Monday at 10
Text read from the printed page and cleaned; old type leaves the occasional error.