THURSDAY, AUGUST 11, 1932.
Murder Evidence Questioned
Counsel Argue Cn Relevancy
CHENG TRIAL DELAYED
HEATED DEBATE IN SUPREME
COURT.
Legal argument as to whether "If the Crown cannot establish The evidence of Zimmern, and by evidence that the accused Christic is admissible in the Vil-through Lau Hing procured people lage Road Murder Case took place to commit the murder," added Mr. at the Supreme Court yesterday Potter, then this evidence is afternoon, and it is expected that equally inadmissible in that it is Sir Joseph Kemp, the Chief Justice not evidence to prove that the sc will make his ruling on the argu-cused procured Fung's death
ent to-day.
through Lau, according to the in-of dictment.”
Meanwhile, the hearing, of the case, in which Cheng Kwok-yau is charged with instigating the mur der of George Fung on the night of March 24, is adjourned until to
morrow.
Mir. Potter argued that the evidence of Zimmern and Christie was irrelevant to the case. He said that the defence's objection to the admissibility of evidence taken breatly amounted to this: that on
a
stances,
· Enmity Not Proof.. Mr. Potter laid great stress on the argument that evidence of an act committed ofcc cannot be taken as evidence that a similar later act was committed by the same person.
"There is no authority," he add- ed, "to show that feelings of enmity alone can be taken as auficient proof of murder."
DIRECTORS' FEES INCREASED
THE CHINA
H.K. Construction Co. Meeting.
AMENDMENT LOST.
Fate Of Monarchist Uprising In Seville Still Unknown
(Continued from Page 1.3
were
The Hon. Mr. J. P. Braga pre sided at a meeting of shareholders of the Hong Kong Engineering and Construction Company held yester day afternoon, when a resolution for the increase of the Directors When the Minister had com- Warrants were issued this morn feca to $2,000 each-per-annum was pleted his address, the mass ing for the arrest of ex-King approved Mr. Choi Wing-hay warmed into the square in front Alfonso and a British contractor, seconded the resolution.
of the former Palace of the allegedly named Solms, and several Mr. J. Gould moved an amend Kings and waited for President Spanish ex-officials. ment, to the effect that each direc-Zamora.
Aid from Cavalry, A regiment of cavalry stationed
From Gibraltar, at this time, Communications abroad and later, the Minister of the temporarily Interrupted but have interior himself emerged upon now resumed.
his balcony and addressed the It Is feared that repercussions crowd.
may take place in the provinces.
Mor other than the Managing Direc- During the evening an airman
tor shall be paid by way of re- flew over Seville and dropped 20 miles from the capital joined the muneration for his services at the pamphlets denying that the Gov. insurgents, whose movements were rate of $2,000 per annum. This ernment had been overthrown, well planned by a group of Monor- as seconded by Mr. K. Stuart General Sanjurjo had astonished chist army officers and civilians, Smith, and Mr. J. Scott Haraton radio listeners earlier in the day although the Government aims also spoke.
The amendment was by announcing from Seville that complete success.. defeated.
the Royalists had won successes The police obtained full informa- The approved Resolution read as on every hand and that the Retion of the revolt after the arrest follows:-
public had fallen,
last night of eight Monarchists, That the Articles of Association
Alfonso Is Silent.
who were conspiring in a private the Company be altered in man- Koenigswarts, To-day. | house" ner following:-
Alfonso, former King of the Thousands of: By the deletion of the Spaniards, holidaying in this carrying Republican flags, paraded whole of Article 38 of the Com-Czecho-Slovakian resort, firat later in the day in front of the pany's Articles of Association learned of the revolt in Madrid Military Club, protesting against and by the substitution of the when he was telephoned by Reu- the rebel casualties which In addi- following" Article in its place.
ter from London. He declined to tion to the four killed include 12 98. From and after the first make ahy statement whatever at injured. day of January, 1932, each Direc-present.
Police Chief in Action.
Algeciras.
demonstrators,
tor other than the Managing came reports that the Seville ris- The chief of the Madrid police Director shall be paid by way of ing WRS spreading rapidly armed with a rifle, led the Govern- remuneration for his services at throughout Andalucia. regiment forces, comprising armed the rate of $2,000 per annum and ment was ordered to Cad from Police and Civil Guards, while the such remuneration shall be deem-
Premier; Senor Azana sat quietly ed to accrue de die in diem and
Exciting Scenes..
at the Ministry of War, directing shail be payable by half yearly The most exciting scenes since operations. One storming party, instalments.
night. The square in front of Rivera and the proclamation of the Republic consisting of 60 armed men led by were witnessed in Madrid last the former chauffeur of Primo de
certain date Zimmern and He siad that for the reasons Christie were "requested by the ac-given in the authorities quoted the caped to murder Fung.
evidence was not admissible. Mr.i The murder was actually com- Potter suggested the evidence initted by different people at a might be admitted by his Lordship. Scott Harston, Mr. Lo Cheung- Other directors present were Mr. ferent time and under an en-and the defence would accept it tirely different set of circum-subject to further objection later. shiu and Mr. L. Kadoorie.
The defence was not afraid of Others present were Mr.. A. R. F. He then went on to refer to an the evidence at all, but they had Raven, general works manager; objection he had taken earlier to to take the point because it wasir. B. Alves, secretary: Mr. R. A. the admission of evidence that the vitul one and no Counsel wouldadeson, of Messrs Deacona (soli- accused once threatened to shoot take the responsibility of not obcitors) and the following share- Lai Ming-fay.
holders: Messrs. H. Braga, K. jecting. The Chief Justice: 1 did not Mr. Sheldon said that he ventured Stuart-Smith, J. Gould. S. J. M. strike that evidence out then. The to submit that this was the first Figueiredo, C. P. Marques, M. H. point has not been argued and time it was argued in the Courts in Lo, M. R. Lo, J. V. Braga. A. M. Dean atili atřike it out.
Hong Kong that if "A" threatened Braga, F, L. Silva, and Chan Kam Mr. Potter: But it was sworn to murder "B" it showed his guilty muun.. te by the girl and the jury heard intent to murder "B," but if that intent were communicated to a third The Chief Justice: I have not party it was not admissible as evi admitted this point. I can instruct dence of guilty intent. the jury to take no notice of it.
it
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NEW YORK STOCK EXCHANGE
a son of Duke. In-
the Ministry of the Interior was fantado, surrendered without re- packed with a frenzied crowd of sialance-Reuter. people, waving Republican flags and shouting for the death of General Sanjurjo.
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"KAYE DON LEAVES FOR 'AMERICA.
(Continued from Page 1.)
"Sanjurjo must be killed," they cried.
They cheered wildly when motor coaches filled with police
The last series of races for the ploughed through the mob, A Harmsworth Trophy still rankle in red-capped veteran with a flow-the minds of Britons. Last Septem- ing grey beard harrangued them, 'ber Haya Don won the first race in
Storm In Madrid.
Miss England II and looked to be a Madrid, Yesterday. certain winner In the following The monarchist revolt which was day's race. Commodore Gar Wood, supported by a brigade of artillery the American pilot of Miss America Mr. Sheldon proceeded to quote
broke out at 5 amen
IX, however, lured Kaye Don Into Mr. Potter: Well, we can leave authorities to show that the Crown
A.O.F.C. Quotations.“
The rebels attacked the Police a false start which caused his dis it at that.
could give evidence of enmity of the
New York, Yesterday.
Headquarters and Government buil-qualification. Kaye, Don, not know- Mr. Sheldon: If there is any accused against the deceased. IL
Last To-day's Changes)
dings, but the Police..repulsed theming of his disqualification followed doubt about it, your Lordship can was admissible as evidence OE
Aver. Aver.
after an exchange of hundreds of Gar Wood at a terrific speed, and, strike it out now. It is not a mat-motive, as evidence of means
2. Industrials 67.08 and
RA:39 2.31 up shots and drove out the attackers, in attempting a hazardous turn to ter of any, importance.
opportunity that accused had made 20 Utilities
20 Rail....26.77 28.62 1.85 up some of whom were entrenched in gain the lead, capsized Miss Eng
.28.25 "Counsel's Reply.
preparations to murder Fung and
29.23 1.04 up the Ministry of Communications, land II. Messrs. E. A Pierce & Co. re-
Both he and his mechanic Mr. Potter: Well then for the that he had threatened to do the port: The market
Nobility Arrested.. had an exceedingly narrow escape Jife of me. I can't understand the act, he having asked Zimmern on Business done: 4.400,000 shares. Those arrested include retired from drowning and Mise England II Crown's case. don't think Mr. [one occasion for a dagger because
Last To-day's generals and members of the no-was unfit for the rabber rac Gar Shellon should Bay that The he wanted to murder Fung.
Price Price bility.
Wd's brother, who had remained other day the Attorney General
The capital resembles an armed behind the line during all this ex- camp as all strategic centres are citement, had only to complete the 804 occupied by troops which the Gov-course to place: America on level 54% ernment hastily summoned. terms. All efforts were made to repair Miss England III in the next twenty-four hours, but the task was | DEBUCHI TALKS TO STIMSON. America retained the Trophy for fof too great a magnitude, "and]
these personal matters out?
"Something Between."
is.
strong.
Mr. Sheldon:
Can't we leave men
The evidence which it was sought Air Reduction ... 61% gave a ground for the question and to adduce was evidence of a very Allied Chemical & Dye 7736 pressed for its admission after formidable nature, and, it showed American Can had objected. It was not even sug-hatred, jealousy and Intention to kill American Telegraph & grated then that the question was the dead man, and if it were proved Telephone of no importance.
This is most that the dead man was in fact mur- American Tobacco "B" 79%%%
dered, it was not only evidence of Borden Company
Auburn remarkable.
red but evidence that he Canadian Pacific actually did the act..
Consolidated Ga
New York:
$
53
614
1101⁄4
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784*
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80%
31%
12%
13
$44 41 3844
66% 41% 40
80% 58+ 18% -18%
27% 15
International Harvester 28
soner, would connect him with the International Tel. &
Tel
31
914
Бе
28
10
26
75
21%
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+
Du Pont de Nemours
20
Mr. Potter: I am entitled to criticise the Crown case in any His Lordship said that proof of Drugs, Inc. way I like and I will. Here we enmity plus proof of death would Eastman Kodak have one learned counsel pressing not be sufficient to convict.
Evi- General Electric for the admission of a plece of dence of great enmity plus partial General Foods evidence over my objection, and identification plus the discovery on General Motors now his colleague gets up and says the scene of a revolver traced to pri- It is of no importance.
The Chief Justice: I think the crime, but in the present case before Liggett & Myera "g" 66% answer was given before the ob-the Court there was something in Loew's Inc., jection was taken. After the ob-between. They had enmity plus Pacific Gas & Electric 27% jection Mr. Sheldon aald he would an agent connected, in an innocenti Pennsylvania Railway 16%
Radio Corporation not press for its admission if there way with the accused who, in fact,
Sears Roebuck was any doubt.
engineered the crime. Were these Standard Oil Company Mr. Potter: He says that to-day, two things enough? If they were of New Jersey
Socony Vacuum Corp. 11% bat the other counsel took a not enough in law would it be safe different view yesterday.
to allow the evidence of enmity to Union Carbide & Carbon 254 Proceeding, Mr. Porter said, 80 before a jury? If the evidence United Aircraft & "Broadly speaking, on March 21 were not sufficient to prove
the Trans. it is alleged Zimmers and Christie crime it might be that the jury United States Steel were requested to murder Fung, should be told that it was not re- Westinghouse E. & M. 34 You will note these important levent.
denotes ex dividend.
Union Pacific
.
publishes
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the want of a challenger. (Continued from Page 1.)
London, Yesterday.
British Opinion. The "Daily Express" to-day not likely to be tricked into another This year, however, Kaye Dan is a despatch from its such folly even should it be another Washington correspondent who attempted. Though inferior in 28 declares that the Lytton report horsepower to the American de- 15%
dicts Japan for deliberately fender, Miss England 111 is expect- precipitating the Manchurian ed to prave just too good for Miss He understands that Mr. more experienced pilot and is out to America IX, as Kaye Don is the Stimson's speech defending the square his account with Gar Wood. Kellogg Pact was timed prior to
94 war.
the publication of the Lytton re- port, in order to give American opinion time to solidify in de 11% In A leading 35% fence of the pact
25
65
· 683⁄41⁄4
18% 40%
14% 42%
facts. The parties were entirely In reply Mr. Potter remarked Possible Mutilation. Confirming different, there is no connection in that if there was evidence that La
-Reuter.
article, the
"Herald Bays there will be a
NEW ADVERTISEMENTS.
PUBLIC AUCTION.
ON SATURDAY,August 15, 1932,
commencing at 11 am
faction at Geneva, whose main purpose will be to keep the field clear for Japan. It observes that THE Undersigned have received thespins the small, powers Tinstructions to sell by Public made a gallant fight against this Auction faction Reuters
Forecast Premature.
Peiping, To-day Interviewed by Reuter this morning regarding the "Dally Express comments from their Emil Charles Dannenberg, son of Washington correspondent accused through Lau Hing did Crow might not have the evi-Emil Dannenberg, well known music the Lyfton Report, a spokesman counsel, procure and command dence of it was very slight tescher Tsui and,
fact between the alleged incident was the agent of the accused and HONG KONG ARTIST from February 18 to 21 and the that he (Lau) had procured Tauf to
incident which is the subject mat-fire the shot the case for the Crow WINS SUCCESS. ter of the indictment
would be complete.2.
The indictment alleges that the His Lordship remarked that the
murder."ong to commit the Mr. Potter replied that if there
Deliberate Intention,
was no evidence or that it wis slight he could not see how the Mr. Potter then commenced to
evidence under argument would quote many authorities and
read prove that: Lau was the agent of cases to prove his content!
the accused
ovidence of a plot to kill poison could not
evidence that
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