Judge Lobingier has delivered his judgement in the case of Ferdinand G. Boulon who was charged with embezzlement.
Mr. W. S. Fleming, Special U. 8, Attorney, prosecuted, and Mr. S. Haskell appeared for the defence.
His Honour's judgement was as follows:
In both of these causes defendant is accused of embezzlement while manager of the Gaston, Williams and Wigmore, Far Eastern Division, Inc. The information in Cause No. 1219 charges that defendant "On or about June 25, at Shanghai China, and under the jurisdiction this Court did then and there wrongfully, intentionally, unlawfully and feloniously embezzle and convert to his own use monies of about the value ""f Tis, 12,250.54."
The basic facts of this charge are that on' the date named the complaining company,' by its two attorneys, Beeson and Jones, drew a cheque on the Asia Banking Corporation, for the amount above mentioned, in favour of one Yea Kong-yung and that the company shroff took it to the payee and received for it native bank orders which he delivered to defendant who turned them over to other company officers. Where in this transaction did defendant "convert to his own use" the proceeds of the cheque? Certainly the mere fact that they passed through his hands on their way to the other, officers did not constitute such conversion. There must have been some use inconsistent with company ownership; for if defendant, as company manager, could not even receive these orders without converting them he was in danger of embezzle ing company funds at all times.
Text read from the printed page and cleaned; old type leaves the occasional error.