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THE CHINA MAIL, JUNE 15, 1937.
On President Liner
TWO SEAMEN FACE
CHARGES
1
INDIAN P. C. APPEALS
JUDGE'S REMARK
CRITICISED
INFLUENCE ON JURY
An appeal against the conviction of Police Constable Hamed Din, who was sentenced to six months hard labour by Mr. Justice R. E. Lindsell at the May Criminal Two American seamen, B.
Sessions for manslaughter, was Davies, 34, and R. Martineau, 25, heard before the Chief Justice, Sir were charged before the Deputy Atholl MacGregor, and Mr. Justice Harbour Master, Comdr. J. B.J. A. Fraser, sitting in Full Court Newill, at the Marine Court this of Appeal this morning. morning following an alleged as- The Honourable Mr. Leo sault on the junior engineer and D'Almada appeared for the appel- chief officer of the President lant, while Mr. M. J. Abbott, Assist- Wilson, when that vessel was ant Attorney-General, represented alongside the Kowloon Wharf on the Crown..
June 8. The vessel has now re- Mr. D'Almada based his appeal turned from Manila and is sche- on the summing up of the trial duled to sail at 6 a.m. to-morrow. judge, who addressing the jury, Mr. D. H. Blake, of Messrs stated, "As inhabitants of this Wilkinson and Grist, appeared Colony, you are no doubt aware for complainants, while Mr. W. that Indian Police constables do not M. Brown, of Hastings and Co. always behave with complete pro- represented accused.
priety towards the lower class of Outlining the case for the prosecu-Chinese." tion, Mr. Blake said that between 12.30 and 1 p.m., on June 8, when the Presi- dent Wilson was lying in Hong Kong, continued Mr. D'Almada, may have defendants deliberately attacked Mr. influenced the jury to return a ver- - Venters the junior engineer. Later indict of guilty.
cruel and vicious.
This direction of the trial judge.
“WENT WRONG”
Mr. D'Almada added that the
the day, several officers, including the chief officer, Mr. Nielson, acting on the instructions of the master, pro- ceeded to arrest the two defendants trial judge' went wrong when, in and in the process, two further as-answer to a question put by the saults were carried out, one of them, jury "does the fact that the spleen pn Mr. Nielson, being particularly was enlarged, go in mitigation ?”
he replied, "It has no bearing in. Mr. Venters, in evidence, said ac- your deliberations; it might have, cused walked up to him and used vile a bearing if you return a verdict language, saying they were going to of guilty." "dump" him." Both raised their hands. whereupon he backed away to No. 7 The trial judge should have an- hatch. As he did this, Martineau struck swered, "Yes" or "No," continued him on the left side of the face.
Counsel, for the only inference the
OFFICER'S EVIDENCE
"I continued to back", continued wit-jury could possibly have drawn ness, "but as they still advanced, I turned around and ran, calling on an- from the reply was that the defen- other officer, who came into sight at dant would be let off with a fairly that moment, for aid..
light sentence.
“At 7.45, I was called to the bridge and in the company, of the chief, first
and third officers, and first assistant engineer, I went to the sailors' fo'cas- tle on "C" Deck and pointed out Mar- tineau as the man who had struck me. Davies walked in at that moment, and Mr. Nielson, the chief officer, told them that they were under arrest.
KICK AT FACE
"Martineau then struck the chief
Referring to his first ground of appeal, Mr. D'Almada said that the summing up suggested that the jury. were to test the man by the conduct of others. This, he concluded, was a miscarriage of justice.
CROWN'S REPLY
Mr. Abbott said that the words
officer with his fist and generally re- complained of were, taken in their sisted arrest. We then put handcuffs proper sense, not a misdirection. on Martineau and Davies and took Even in the absence of these words them to "B" Deck, where Davies ran the verdict returned by the jury into the dining-room. The chief of would inevitably have been the ficer got him by the arm, led him back
and told him to go up the stairs same.
Davies started to walk up the stairs The Assistant Attorney-General but stopping suddenly, half turned and said the conviction could either be aimed a kick with his left foot at the] face of Mr. Nielson.
squashed or a re-trial ordered, and, Questioned by Mr. Blake, witness in the event of Their Lordships, · said that while they were proceeding deciding in favour of the appellant, to the "brig", or ship's gaol, both ac- he would apply for a new trial.
cused used
were vile language and
threatening both the chief officer and Mr. D'Almada objected, stating himself.
that the case was not serious
Asked as to the nature of
the
threats, witness said that "We'll get enough to warrant a new trial. you; if we don't, someone else will,' Their Lordships said that they was said often. The reason for the would give a written judgment in threats was the fact that witness had the course of the next few days. taken various firemen, who were drunk
on watch, up to the bridge and logged
them.
DAVIES KNOCKED DOWN Continuing his evidence, witness said that after he had been kicked, the
Titulescu Invited
chief officer knocked Davies down, fol- Back To Rumania
lowing which Davies was taken to the doctor to see if he had been seriously injured.
Cross-examined by Mr. Brown, wit-
plain clothes and never, in the course
Warsaw, To-day....
The former Rumanian Foreign ness said that although he was in Minister, M. Titulescu, who was ex- of his duties came into contact with pelled from the Cabinet as a re- them, accused knew he was an officer.sult of political intrigue and who When threatening him they had men-went into voluntary exile, is plan- tioned that he was the man responsible ning, to return to his country. for logging the firemen.
Mr. B. Schultheis, second officer, and This is according to a local, pa- · Mr. Nielson, chief officer, gave corro-per, which states he has been in-` borative evidence of the assult and the language alleged to have been used by vited to return by the Government, accused; following
Blake which, though not intending to give read. excerpts from the ship's articles, him a Cabinet post, will -- permit referring to terms of employment on him his seat in Parliament. American ships.
which Mr.
The case is proceeding.
Trans-Ocean.