The Archive · 1922

A Native Bank Failure

An Embezzlement Charge and its Sequel: Security Required from Complainant A case arising out of the failure of the Ding Foong Bank, Peking Road, was hoard before Mr. Black-barn, British Assessor, and Magistrate Kwan at the Mixed Court on Mond i Ching-pah was charged with embezzling and_misappropriating the sum of $5,000 Mex. while in' his capacity manager of the bank. Mr- J. Em. Lemiére appeared for defendant, Mr. H. D. Rodger for Chu Nyoh-ding, manager of the bank, Mr. J. G. Priestwood for the chief creditors of the bank, and Dr. O. Fischer for a group of shareholders deeply interested.

On the opening of the case Mr. Rodger intimated to the Court that of the $3,000 alleged to have been misappropriated it was believed by the bank that half the amount Id be recovered. The balance, 300 had been sent to Soochow or some place in that vicinity and it was very doubtful if it could he recovered. Plaintiff, Mr. Chu Nyoh-ding, representing the bank as not in Court and he, Counsel, would ask for an adjournment-Mr. Lemiére protested on behalf of defendant against any adjourn: ment. He had indisputable evidence as to his client's innocence. he plaintiff manager was not in Court and if a warrant was issued for his arrest and he was brought 'o Court as a compulsory witness it was doubtful whether his evidence would be of value. The hole business was an outrage. Defendant was actually arrested on he bank premiss while he was 9 having tiffin with the complainant, the general manager of the hank, who was not now in Court to press his charge. Counsel averred that the stolon money was taken from the bank by the complainant in the case and his client had never had an opportunity of obtaining it.

Mr. Priestwood said that he represented the largest creditors of the bank.—men who, just prior to the failure of the hank had paid in Tls. 11,899. On the day the bank failed the sum of Tls. form of an order. clients and a promise was given that the balance would be paid the same day. The order had been dishonoured and the remainder of the money had not been rep: view of this Mr. Priestwood asked the Court to hold the complainant ive, Chu Nyoh-ding, general manager of the bank, on security to the extent of at Jeast Tls. 7,500.

Dr. Fischer on behalf of a large group of sharcholdexs concurred in Mr. Priestwood's arguments. He associated himself with all that his legal colleague had said and asked the Court to hold the complainant bank manager on security.

The cashier of the bank gave evidence to the effect that on February 12 he had paid the complainant $3,000 in notes and $2,300 in silver. The money was taken away

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

Your account