The Archive · 1904

A Difficult Problem

A Pootung brass smith was charged with receiving over 200 catties of tin-foil paper, of the value of Tls. 200, well knowing the same to have been stolen from the British and American, Tobacco Company, Ld., Pootung.

Inspector Mellows said that the police wanted to find out who was the actual thief of the tin foil, The defendant said he bought it from a receiver in the French Concession. Enquiries elicited the fact that the receiver referred to was dead and his shop had been close-up. The defendant bought one lot of tin-foil for 86 und another lot for $60. The prosecutors were the only firm in Shanghai who dealt in tin-foil in Large quantities. The stolen property had not been recovered: it had already been converted into toa-pots, joss paper, etc.

Mr. Kelly, managing director of the British-American Tobacco Company, said they used large quantities of tin-foil in their business. For some time past they had noticed that quantities were disappearing from their stock, On taking stock they found that from one case 22 Ibs. was missing, another case Was 8. short, and a third case 176 Tbs. short—a total of 440 Ibs. On the firat discovery they notified the Police, who had in the meantime been trying to' discover the thieves. The tin-foil must have been stolen by someone employed on the promises, Witooss heard of tin-foil being handled in a neighbouring village and communicated with the Police. Witness's was the only firm dealing in tin-foil, but he heard that a considerable Lusioess in it had been going on at certain old metal shops.

Tospector Mellowa said that the man in the neighbouring village who was reported to have handled tin-foil was arrested and taken before the mandarin, but cleared himself of the charge. It was on his formation that the defendant was arrested. Ho was present to give evidence, as wav also a former employee of the defendant.

The last mentioned witnesses gave evid-once, and in the course of the statement of he defendant's former employee, it turned-out that he was the man who bought the tin-foil which the defendant was charged with receiving.

Inspector Mellows said that when arrested, the defendant admitted that he himself had bought the tin-foil from a receiver in the French Concession. The prosecutors first reported the loss of the tin-foil to the Municipal Police, and they traced it to the defendant's shop in Hongkew. Then the defendant bolted and was only arrested on the 19th instant.

fora month. and the defendant and the The hearing of the charge was adjourned two witnesses were ull ordered to find security and to assist the Police to trace the actual thiev A Bayonet as a Debt-collector, A cook in the employ of Mr. Biscup was charged with stealing a bayonet, valued at $7, from No. 20, Muirhead Road, on the '12th May.

The evidence showed that the cook borrowed the bayonet to a debtor and enforce payment of a debt. The debtor lived at Paoshan and being stronger than the cook, took the bayonet from hin and kept it.

The cxto was adjourned, so that a di patch might be sent to the'Paoshan magi trate to recover the bayonet.

Shanghai, 23rd August. Before Mr. Huana Faven (Magistrate) and Dr. MerkLivcHavs(German Assessor).

In the Marrer of the BaxkRuProy of Cmax Dam and Six Daz.

In this matter Lu Hon-yuoni is the trustee in the bankruptey appointed by order of the Court to realise the assets of the estates. He had sold properties of the bankrupts and collected outstanding accounts, and had distributed certain of the assets according to the instructions of the Guild of which he was president, and paid the balance of the moneys received into Court. Some of the creditors were dissatisfied with the manner in which the assets had been distributed and hence the present motion. The hearing of the motion had been adjourned from the 11th instant to afford the trustee opportunity to pay into Court the balance of moneys resulting from the realisation of the assets.

Dr. Vorwerk represented Dr. Paulun, a creditor, and some of the Chinese creditors. Mr. F. M. Brooks represented Lu Hon-yuen, the trustee, Mr. Brooks handed into Court a copy of the rales of the Guild of which the trust was a member and under whose directions certain creditors had been pai their claims in full.

Mr. Brooks now suggested that Dr. Paulun's claim be paid in full, and that as the remaining creditors were Chinese, the rest of the proceedings would be purely Chinese—that the assets should be realised and the Chines" creditors could prove their claims to the satisfaction of the Magistrate and be paid out of the proceeds of the estate when realised. He: understood that as a matter of fact there were more than sufficient outstanding debts due to the estate to settle all claims in full.

Dr. Vorwerk objected to this course. He said it was not fair to the other creditors that Dr. Paulun should be paid in full. He (Counsel) represented other Chino: ereditora and he had promised them that the assets should be fairly divi All the creditors must receive an equal percentage, and at present the assets realised were only sufficient to pay 17 per cent of the amounts due.

Mr. Brooks said this was the first time he had heard of a lawyer objecting to his client recovering his money in full. The fact of the matter was that the alleged bankrupt was not really bankrupt at all. He had more than enough money due to him to satisfy all claims in full. He wished to be made bankrupt, and if he succeeded in getting his creditors to accept a percentage of their claims, he would then be a better position than befure his bankrupted.

Dr. Vorwerk anid that these were bankrupted proceedings and all creditors must share the assets in equal proportion. It was not fair that any creaitor should have preference. He asked Mr. Brooks to comply with the direction of the Court fat the Inst hearing, and pay into Court the balance of moneys realised from the sale of the assets. He (Dr. Vorwerk) now paid in $200 which had come into his hands.

Mr. Brooks said he was perfectly willing to pay in the balance of the moneys received, and handed in his client's bank order for $1,141. The total realisation of assets so far amounted to $4,674, of which $2,533 had already been paid into Court, and this, with, the $1,941 now paid in and the $200 paid in by Dr. Vorwerk, made ut the total.

Dr. Vorwerk said the assets so far amounted to 17 per cent of the claims) and asked that all the creditors now be paid 17 per cent of their claims, and that as further assets were realised, they should receive the balance of their claims in proportion.

This was agreed to and the Court adjourned

Text read from the printed page and cleaned; old type leaves the occasional error.

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