An important decision was rendered by Judge Sung Yuen in the Shanghai Special District Court on September 23 in the case of the Swedish Chinese Export & Import] Ca. v. Whang Vee-chow, their former compradore, whom they charged with embezzlement of $65,000. The defendant admitted that the evid-fence produced for the prosecution was true but claimed that the case was purely a civil one and askes for its dismissal. The Judge agreed and dismissed the charge accord ingly.
[complainants and the defence was in the hands of Messrs. Hsiang Y. Sun, Zau Tsao-yue and Tung Vu The prosecution alleged that accused was engaged by them on February 1, 1928, for a period of three years, as compradore. Ao: [cording to the contract, accused was yespozsible for the delivery of goods to dealers and for the col-ection of all payments due thereon. It was further agreed that within 24 hours after he had collected the money, he should the same to his employers, and prepare a daily report of moneys so collected. For a little over 2 year, accused discharged his duties {faithfully but during the past few months, when called upon to hang over the money he had received from the dealers, he made excuses Which aroused plaintiffs' suspicions. Inquiries were made of the dealers concerned and an examination of [accused's accounts showed thay he had misappropriated no less a such than $60,516.75, A criminal charge was accordingly brought against him under article 3557 of the Chinese Criminal Code.
Counsel for the defence, in asking the Court to dismiss the feharge and find accused not guilty, mentioned that accused had put up personal security with plaintiffs of Tis, 25,000, air. Newman raised a strong obction ta shis contention and pointed out that it was assent criminal charge and that accused should be tried and punished accordingly under the criminal code. Defendant, in order to evade nis civil obligations; had filed a petition of bankruptey, said counsel, Counsel for the defence arguer at length and asked the Court to dismiss the charge and order pls tiffs, if they wished to do 80, 10 sue defendant in the civil court.
The Judge agreed with this suggestion and dismissed the charge fon the ground that, as the accused might be called upon onder his Jcompradore agreement to make [good losses sustained through de: faulting dealers, he was entitled to retain moneys received and his employers could only sue him for it civilly, Misappropriation at Consulate Woo Pah-ming, a Cantonese clerk employed in the passport offices of H. M. Consulate-General, was brought before Judge Chow in the Shanghai Special District Court fon September 24 on a charge of misappropriating $9.10, which had come into his possession by virtue of his office, Mr. P. A. North, H. M, Vice-Consul, was complainant.
Dr. Paul P. ¥, Ru, Assistant Municipal Advocate, informed the Court that accused's duty was to prepare passport. On Sept. 15, Mr. C. HI, Howard, of the Hongkong and Shanghai Banking—Corporation, went to the British passport office and applied for a passport: occu: ed informed him that this would be granted upon the payment of $9.10. Mr. Howard paid this sum and accused should have submitted the money to the accounts office but he failed to do this. Questioned by complainant regarding the matter, accused admitted misappropriating the money, as well as other sums. Dr. Ru asked the Court to grant a fortnight's remand to enable an investigation to be made.
'A remand was ordered, accused being kept in custody.
Text read from the printed page and cleaned; old type leaves the occasional error.