Shanghai, July 20.
'The resumed hearing of the case against Kirkor-Kirk and Drooz, both Russian refugees, was again adjourned in the First Special District Court Yesterday afternoon, after Mr. Paul Ru, 'Municipal "Advocate, had stated, the case on behalf of' the police, whilst a number of witnesses, were talled, MMr,"Jullus Mayer, who had also been taken into custody on July, as he had been an employee of the Canadian & Oriental Exporters, the firm that belonged to the two accused and that did the business in question, was released at the begin~ hing of" yesterday's hearing at the equiest of the police, in view of the fact that investigating detectives had come to the conclusion that he had merely been an employee of the firm tata monthly salary of $100 and that he had nothing whatsoever to do with the operations of the concern.
Heated arguments between Mr. Ru and Mr, Premet, Counsel for' the defence, were amongst the highlights of yesierday's session, whilst Mr. Premet after being told that ball Fefused, blamed the police for inter fering in a civil affair and said that the SMP. must remain neutral in questions of contracts.
"it ig unfortunate that we cannot claim damages from the police," Mr. Premet concluded, The session which was scheduled for 2 pam, only got under way shortly after 3 pin, with the court-room filled to capacity, some 60 witnesses attending.
Mr. Ru, in placing his case before the court, stated the Canadian Oriental Exporters had concluded a Jorge Humber of contracts with Jewish refugees who were, desirous of. thus obtaining houses on Tongshan Road. They were asked to pay $200 key-money, and. tal $190 at, contract whilst a number of complainants "were informed later that nother two months" rental would be required in view of the large number of applicants for the houses.
When some of the complainants refused to comply and demanded their money back, this was not returned to them, 'The houses in question are war-ruins on Tongshan Road which, according to the contracts, should have been completed by August 1, but up to date, Mr, Ru continued, very tue work' has' been done in the way of repairs and it seemed inconcelvfable that the buildings could be ready for occupation by August 1. In sub: stantiation, numerous photographs of the. premises wore introduced as evidence.
Kirkor-Kirk was also accused of having) presented himself in the Homes of various complainants, dressed in an SMP. Specials uniform, fand of having threatened them that unless they paid more, he would have them deported from China immediately.
The first witness to be called was Mr, M. Gumpert who stated that he pala the money over to Kirkor-Kirk and Mayor on May 24 and was told {hat the house would be ready on July 1. Later he was told that in View of additional work, the houses would not be ready for occupation before July 8.
Cross-examined by Mr. Premet, witness stated that he had no written substantiation to this statement which was made to him orally, but that Mr. Katz, another complainant was present at the time and had heard this promise being made by Kirkor-Kirk.
Mr. Gumpert, did not deny that Kirkor-Kirk had offered to give him 8 cheque for $390, the money which had paid in and that he refused to accept it. He told the court that he had reftised to take the money, Because he would have had to sig 4 receipt in which he engaged himself not to take any further action against the accused. Asked whether he had placed an advertisement in the "Jewish Chronicle," calling for fall other complainants' to come. forward so that the accused could be sued, witness admitted having ad~ vertised but for the purpose of profecting the interests of alt complainants, The next witness to be called, war the contractor, who had signed an agreement with the accused, for the Tepairing of the buildings in question. He said that up to date he had received a total of $200 and that therefore the work was not continued Asked how much the repairs would cost, he said that they would amount to about $45,000 and that the accused were going to pay him $6,000 weekly after completion of the work.
In his pleadings, Mr. Ru, earlier in the afternoon, said that according to statement made by Mr. Kirkor~ Kirk to investigating detectives, he had paid $2,000 to the China Realty Ca, the owners of the premises in question. "Mr. Premet then produced receipts to the effect that a total of $5,000 had been paid and it was at SHANGHAI LAW REPORTS (continued) this point that counsel for the defence asked how the police made their investigations.
Detective Sergeant R. Francis who, together with Det.-Serg. Cc. Kader, is in charge of the ease, then went into the witness box and said that the accused had made this statement to him and had added that he surder had another $2,000 deposited with the National City Bank of The case was then adjourned to uly 21.
Resumed Hearing July 22.
Kirkor-Kitk and Drooz, accused of having defrauded about' 50 Jewish refugee families of amounts totalling about $10,000, were released on a ball (of $9,000 at yesterday's resumed hear-Ing of the case in the First Special District Court. The complainants and the accused were told to try to come toa settlement before the next hearing, which has been fixed for next Friday, after Mf. Paul Premet, attorney. for the defence, produce $9,000 in bank-notes in the court and asked for the dismissal of the case against his clients.
The first witness to have been called yesterday was the contractor who Said that the lease which the accused had obtained from the China Realty Ca, for premises on Tongshan Road where 87 war-ruined houses were to be refitted for the complainants, had been transferred to him and he told the court that he would be prepared carry on the scheme and would assure the complainants the living quarters for which they had signed Contracts with the accused. He also offered the complainants that they would only have to pay nine months' Fental for a year's residence.
On behalf "of the defence, Mr. Charles Henry Gouda, architect, stated that he had seen the premises yesterday morning and had found ten of ae, honseg In a condition suitable for occupation, whilst work on "tne Femaining houses could be completed within two weeks.
At this point M. Premet produced the bundle of bank-notes but the complainants Insisted that they would not take the money in Chinese currency as they had changed pounds sterling and U, S. dollars in May order to pay the key-money and the advance rental and that they would consequently lose about 50 per cent should they accept.
Mr, Katz, one of the complainants, was then called to the witness box. He said that he had signed a contract fon May 24 and had paid $200 in key-money and $130 for one month's rental On May 23, witness added, he was the offices of the accused when Kirkor-Kirk walked in dressed in a S, M. P. Specials uniform. After the advertisement, In which all those who had concluded contracts with the ac~ cused were asked to get together with 8 view of safeguarding their interests, had appeared in the "Jewish Chronicle," Katz alleged that when he called' on Kirkor-Kirk, the latter produced an authorization from his pocket and stated that if he should discover that Katz was responsible for the advertisement, he would have him arrested.
The judge then told counsel that they should try to come to some settlement outside of court before the next hearing, and that he would permit the accused to be bailed out if the $9,000 were handed to the court asa. security.
Mr. Gumpert, one of the complainants, was then asked by the judge whether he would be pre-pored fo attempt an amicable settlement. Complainant replied in the affirmative, The case was then adjourned.
Text read from the printed page and cleaned; old type leaves the occasional error.