SUCCESSFUL APPEAL AGAINST SEVERITY OF SENTENCE
JAPANESE NOT GAOLED FOR TWO YEARS
$100 FINE OR 2 MONTHS' HARD
LABOUR FOR UNLAWFUL ARMS
THE
The first appeal against the severity of a sentence passed in the Criminal Sessions of Hong Kong was heard before a Full Court of Appeal at the Supreme Court this morning when Mr. Leo D'Almada e Castro, Jnr., successfully appealed against a sen- tence of two years' hard labour, passed by the Puisne Judge, Mr. P. Jacks, on a Japanese, Kuzo Nomura, on October 22, for the "unlawful possession of arms and ammunition.
The sentence was amended to a fine of $100, in default two months hard labour, the latter to date from the day of convic tion.
The full Court consisted of provide for grave cases His Honour. the Chief Justice. gun-runners and bad Mr. A. D. A. MacGregor and Mr. but not meant for cases Justice J. J. Hayden.
Buch 28
characters, of law-
abiding citizens such as the appel-
In his submission for a new een-
The Crown was not represented, lant. Mr. Leo D'Almada e Castro Jar... instructed by Mr. M. A. Silva, tence, Mr. D'Almada said that the appearing for the appellant.
appellunt had lived for over 20 years
Mr. D'Almada said that the in the Colony and had not come to sen- the notice of the police except when appeal was against the tence and that it was significant, he received a severe blow on his and in favour of the defence, that the Crown did not see fit to op- pose the appeal.
head during the anti-Japanese riots some years ago. It was mostly due
to this reason that he retained the: firearm as a means of protection.
License Evaded
THE CHINA MAIL, THURSDAY, NOVEMBER 15, 1934.
Wedding bells will ring for Jimmy McLarnin, restored welter- weight boxing king, and Miss Lilian Cupit (above), Vancouver, B.C., school teacher.
Prominent Visitors
KING'S COUSIN IN
COLONY
LADY BATEMAN ARRIVES
Conte
To-day's Short Story.
IMPROMPTU
By Holloway Horn
JUSTICE MITCHEL "You," said Plug. "Stick 'em
M DEVER WAS working in up1:
his chambera in Culver's Inn. To his complete amazement, the He was a bachelor and, in spite judge saw that his unpleasant visi- of his success, still occupied the tor was holding in his hand an dim, old-fashioned rooms he had even more unpleasant revolver. used as a junior.
"shall not stick them up," said From the darkness outside, his lordship. "Who are you? And] "Plug" Worley was looking up at why have you come here?", the lighted window. A week or so "Name of Worley. "Plug' Wor- before he had been released from ley. You remember."
prison, and prior to settling down "I don't remember. But your to scrious work, meant to murder face is faintly familiar, it is not the judge who had sentenced him, a face one could completely forget, It was a simple, primitive desire, however much one wished. But so strong, however, that the risk
it incurred did not deter "Plug."
It was difficult to distinguish his features: in the obscurity beneath the plane, tree, and perhaps it wAS just as well, for "Plug's" face was at least the equivalent of a pre- vious conviction in any court. The nose was broken, the eyes cunning and closely set.
TO-MORROW'S STORY
To-morrow's story will be "London Night's Entertain-, ment," by Marjory Sharp.
[you had better come in Caution Lord Mitcheldever, on the con-was altering Lord Mitcheldever's trary, had been the handsomest attitude to his visitor, man at the Bar and was still, in' "I am in. I'm going to kill you,”! spite of his sixty-five years, the most distinguished in appearance of the occupants of the Bench.
H" said his lordship with the
Omost devastating calm. "It
Ile was still working ten minutes doesn't matter a great deal. Sooner later when the knock came at the or later death comes to us all. On outer door of his chambers. His one's bed, by a revolver bullet, or lordship frowned, wondering, who by hanging by the neck until one Jon earth it could be. He had de-is dead. Let us close the door and ferred: his judgment on a difficult have a drink, Mr. .... Worley, did and involved case and wanted to be say?". alone for an hour or so. His ser- vant had gone out for the evening.
The knock was repeated and re-to luctantly his lordship answered it. As he opened the door, "Plug" Worley pushed into the little hall. "What do you want?" demanded Lord Mitcheldever angrily,
"Plug Worley".
"That's right." I sentenced you seven years' imprisonment. You're just out, I suppose?"
His lordship closed the door, and, turned the key...
“We shan't be interrupted now," he said. "It should be a most in- teresting chat. You were at a dis- advantage when we met last time. Come into my study. Don't be afraid; I'm quite alone and shall be until midnight, when my servant
returns."
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The appellant was indicted in the October Sessions for unlaw. tul possession of arms and ammu-
Mr. D'Almada also mentioned nition. The particulars of the of that since that date small Japanese fence were that on September 12 traders were severely hit financially at. Wanchal he was in possession and for this reason. had evaded the of a shot-gun and 15 rounds of license fee.. He was sentenced on ammuntion without a license or October 22 and had since suffered lawful authority. He pleaded mental anguish at the thought of guilty and was sentenced to a spending two years in prison. term of 2 years' hard labour. Counsel submitted that either a fine;
Counsel went on to say that the or a reduction of the sentence to His Highness the Duke of appellant was also committed at that which he had already served. Saxe-Coburg, a cousin of HM LORD PRIVY COUNCIL the Magistracy on a charge of would meet the caje,
King George, who has been visit- "shooting with intent to maim
The Chlef Justice observed that ing the Far East in connection
INDIGNANT certain persona," but when the for some years, between 1928 and with the Red Cross Conference matter went before the learned 1982, the appellant was considered in Tokyo, arrived in the Colony Friendly Talks Made
UNEMPLOYMENT Attorney-General the charge was by the authorities to be a fit and this morning on the s.s.
"I ain't afraid. An' I know your dropped.
proper person to hold a license for Rosso, en route to Europe.
Political By Public
sorvant's out. He's at the pictures,
INSURANCE The grounds of appeal now wereli firearm and even after that date His Highness is attended by:
I followed him there."! that the learned trial judge was there was no reason why it should Baron Fritz von Grolman, Baron
London To-day. "Indeed The sily fellow lied wrong in regarding surrounding not have been granted.
Werner von Levetzow, Captain Fe- Captain Anthony Eden, the Lord about a brother in Walworth, who,
Roosevelt Outlines circumstances after the plea of The sentence passed by the learn-dinard Ernst Nord, Secretary, and Privy Seal, stated in, the House of
was . It's much simpler to tell.
Scheme guilty had been taken. he toned trial judge was then ordered to Herr Franz Hahn, Court attendant. Commons yesterday that at the the truth. If he had asked for time tinued.
be squashed and substituted by a Among the large, crowd of pas-interviews between Herr Von Rib-to go to the pictures he could have
Washington, To-day Counsel submitted that in this $100 fine, in default two months' sengers who are albo en route to bentrop, the Foreign Secretary, and bad it. But come in. I had feby Telegraph, Copyright, Telegraft to announced that President case the surrounding circumstan-hard labour.
Europe are the Hon. Bernardo del himself nothing had transpired be much rather be killed in my study is Mertag Ordinance, 1131. Ja
Roosevelt has definitely included ces had nothing to do with the
Conti Barbiellini Armidel, a pro-yond a friendly conversation. No than in this, draughty little hall. coiued November 16, 11.40 am.). unemployment Insurance-in-the charge before the trial judge. Mr.
minent Italian, and Lady, Armidel, new proposals were put forward, And I don't suppose it makes
Washington, To-day. D'Almada added that he did not
Mr. Shotaro. Yoshino, an eminent and no further developments arose great deal of difference to you."bot"
Observers believe that the an-programme for Congress....
President Roosevelt, addressing suggest that the trial judge was
Japanese. Industrialist, and Lady out of the interview.
"You're a cool 'un,' Plug admitted nouncement that the Home Owners the Advisory Council of Economic not entitled to regard the Bur-
Marian A Bateman, who is spend-
Loan Corporation will not accept Security, insisted that the scheme He had seen a report that the with reluctant, admiration. rounding circumstances, but only
ing a short holiday in the Colony nature and object of such re-arma-
farther applications for loan, pri- must not become the dole through that which was relevant to the
"Have a whisky ?". jarst.
ment as was proceeding in Germany
the mingling of insurance and re charge before him. Secondly, if
"No.. I never drink when I'm on marily, that the administration is Yugoslavia also had her share was discussed at these meetings,
returning such lending to private lief. It must, he said, he financed the trial judge was not wrong, he
of prominent passengers in Dr. but said that it was without founda.
Institutions in an effort to stimu- by contributions and not by taxes, was wrongfully Influenced by
Stampar Andrija and Dr. Boreletion. He deprecated that theERY wise. I
late the flow of credit-United certain matters in arriving at his
The plan will be worked out on a don't either. Berislav who recently, attened the interviews were being given a poli-
Press per S. E. Levy and Company co-operative Federal and State basis. decision.
Red Cross Conference in Tokyo..tical significance which they did Worley, and see what happened. As Let's turn up your cane, Mr,
The President urged the need of Mr. Aw Boon-haw, the well- not merit, British Wireless Ser-one gets older details are apt to be A dress rehearsal of the Hong
bringing back the people from re The charge before the trial Kong Philharmonic Society's known Straits Chinese philanthro-vice
lief to productive employment, thus judge was one of having posses-production, "Merrie England" pist, who has been on a visit to sion of a gun without a license, will be given at the China Fleet Shanghai and Nanking, and who CUMBERLAND DUE
scheme-Reuter, and might have been dealt with Club Theatre, Wanchai, to-night, recently donated large sums
CONTRIBUTORY FINANCING summarily. There was no sug-commencing at 8.30 p.m. Ser-money for the building of hospi gestion that he had the gun for vicemen in uniform will be grant-tals in various places in China, ar rived back in the Colony by the the purpose of endangering any-led free admission. one, but merely possession, sald The actual production will be same boat. Mr. D'Almada.
presented at the same Theatre: The trial judge, however, held on Saturday. November 17, com-1 that he could look at surrounding mencing at 9.30 p.m. and again CHINESE MILITARY circumstances in connection with on Saturday, November 24 at the the man's arrest said Mr. D'Alma- same hour.
da.
No Ulterior Motive
"MERRIE ENGLAND" REHEARSAL
At China Fleet Club Theatre To-night
·PHILHARMONIC SOCIETY'S
PRODUCTION
Admission prices!
fare, $3, $2 and 81, booking being
7
MISSION
of
ON SUNDAY
American Destroyers Leaving To-day.
a job."
VERY
forgotten.
*
A
The judge took down a volume ROUTE TO SINGAPORE placing them within the insurance from a shelf behind him.
"Worley... Worley," he said as hul went through the index. "Here we are."
He turned the pages with an ex- pert hand and for a moment or so glanced at the record:
I
The United States Destroyer""Yes," he said, "It was the maxi- Flotilla No. 5, which arrived in the mum sentence I could inflict. Colony from Shanghai 10 days ago, should have given you more if 1 la expected to leave to-day for had been able. It was a particular- Flotilla Depot Ship, the U.S.3. deeming feature. I think I told Manila where it will join the ly brutal crime without one re
you so at the time."
Black Hawk.
UNDER SURVEY
(Continued from Page 1.)
NOT TAXATION Addressing his Economic Secu- rity Committee, yesterday, Pre- sident Roosevelt, said that unem ployment insurance must not de allowed to become dole through the mixing of insurance and relief,
"The Government hopes to replace the naval agreement, which will lapse in 1936, by an agreement which will avold competition in naval ⠀⠀armaments, and leave us
· He warned that the insurance must be financed via contributions The appeal judge, Mr. MacGregor oven at Anderson and Company: TOUR OF INSPECTION
the necessary strength. free to maintain our feet at
and not by taxes. asked why, if Mr. D'Almada's argu- The principal roles in the cast
They have to consider and He emphasised that unemploy IN ENGLAND ment was correct, should the legigare being taken by Mr. A., V. lation provide such a high maximum
Saunders, (Earl of Essex),
H.M.S. Cumberland of the Fifth "You did!" said Worley grimly, discuss the question of quantita- ment insurance will be included in sentence, as much as ten years, for Messrs. F. J. Dyer, L. W. Peck-
London, To-day. Cruiser Squadron is expected to "You got a tongue like needletive and qualitative disarmament, his Congressional programing and ham, H. A.. Mellon, G. Frost, H. such an offence.
A Chinese mission of 20 mem-arrive in the Colony from Shanghai And I've waited all this time to get but nobody need be under any feels that it should be co-operative J. Best, Mrs. H. L. Lockhart, bers, including 15 military mem- on Sunday morning.
me own back. I'm going to have the misapprehension in regard to the between the Federal Government imperative necessity of main- and the Statek. He recommended, Mrs. A. M. Bowes-Smith, Mrs. J. bers, headed by Mr. Yu Fei-pen
last word op de Anderson Miller and Mrs. D. and General Sue Ting-yao, arriy-
"Worley," said the judge. The taining a fleet adequate to secure however that all unemployment in
our naval communications," he surance reserves should be held Valentine. Mr. J. Anderson ed in England yesterday from
older I get the more I see that,
declared-Router soonds or later, man pays for what Miller, L.R.A.M. is the producer. the Continent, to inspect military
he does. In some way or other. It. is one of the few certain things."
"Not if he's got a perfec' alibi, me lord. An 1 ave, Water tight!" A sudden, awful grin spread
Mr. D'Almada agreed that the high maximum was necessary to
KOWLOON TONG: POST OFFICE
Commences Operations This Morning
Additional mainland postal facilities are now provided by the opening, at 8 o'clock this morning,
HE PLUCKED LIVE PIGEON
Because Mistress Told Him To Do So
and civil communications.
They hope to see British tanks in action.
They mission will return to China early in 1985 and will re-
COOLIE FRACAS ON WHARF
Usual Labourers Supplanted
port to the Chinese Government Eleven coolies were cautioned by over Worley's face.
GENERAL SMUTS LEAVES
KIDNAPPING HOAX
(Continued from Page: 1).
and invested by the Federal Gov- ernment “so as to use these funds By means of stabilisation, and [that they may ¦ he maintained in central management and employed on a national basis."
He called attention to the need
for old age pensions-United Press-
the
2-YEAR MORATORIUM. FOR LOUISIANA DEBTORS
uges, Louisiana, to-day,
The Minister of Transport, Mr. Mr. Q A. A. Macfadyen at the "Don't you start bursting into L. Hore-Bellaha, is receiving the Central Magistracy this morning tears about me, guy-nor, I'm all It will be recalled that the Rev. per S. E. Levy, and Company.. Chinese Commission at the Min when charged with disorderly be right. I ain't going to swing be- Askew told a fanciful story of be I tell you I gottering atacked by three men who drove "I suppose that it did not ocistry of Transport, to-day.haviour on the Yuen On Wharf cause, of you. of a postal sub-station in Waterloo cur to you that it hurt the bird Reuter
yesterday
watertight ralibi, Three pals o' up in a car, drove him Road, Kowloon Tong sald Mr. E. W. Hamilton at the
Sub-Inspector Carey prosecuted mine. I'm playing solo with 'em country, took his clothes
compelled him to wear overàlia... The building, a small
and stated that defendants were now.".... square Kowloon Magistracy this morning structure built over a wide nullah, when Yeung Kum Lin, a 25-year-
formerly employed to work on the "You will be hanged as surely as While Askew was absent Alme will be a mall distributing contre old carpenter apprentice, who was
London, to-day-General Smuts 8.8. Tal Hing every time she arrives the morning" follows the night if McPherson, his wife received
val you abot me.. You see, Worley, you threat that her famous for Kowloon City, Prince Edward charged with plucking a live pl left Croydon by air mail for South in the Colony. On her
the only man I have had to Four Square Temple would Road, and Kowloon Tong. Parcels, geon, pleaded that his mistress had Africa yesterday afternoon-Bri- yesterday morning defend however, must be obtained from the told him to do it.
tish Wireless Service.
blown up if she did not pay $25,000 morator , ta the Yuan On when
deal with ruthlessly central depot at Hong Kong, - ***
that there were special
for the release of the Minister "Supposing. I told the Police to S
At Goldsboro, North Carol In addition to receiving letters, pull the hair out of your head, The R. M. S. Empress of Asia engaged to do the work
you will. August 22, however, registered mail and parcels, the how would you like that?" sald left Yokohama this morning, and ments sprang up between the two
that his story of the sub-station will sell stamps, regis Mr. Hamilton, when imposing a is die here next Thursday at 8 groups of coolles and
was untrue," tered envelopes, and supply other fine of $28, in default three weeks a.m. She will all for Manila at 5: Emergency Unit had to be called postal requisites.
hard labour, on defendant pm on the same day
Ruthlessly
WARMLY,© Ha! And for y
expected one or othe
(Continued on Pass
According to the
the
the
that the himself..
anding ran
because I needed a rest and
had to get away.