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THE CHINA MAIL, MAY 30, 1988

ROYAL SCOTS PRIVATE APPEALS IN VAIN

AN APPEAL BY PTE. DAVID FLEMING, OF THE ROYAL SCOTS, AGAINST SENTENCE OF TWO MONTHS HARD LA- BOUR IMPOSED BY MR. H. R. BUTTERS AT THE CENTRAL MAGISTRACY ON MAY 9, WAS DISMISSED BY THE ACTING CHIEF JUSTICE, MR.R. E. LINDSELL AT THE SUPREME- COURT THIS MORNING.

His Lordship held that, appellant had not shown sufficient reason why

the magistrate's judgment should. ROYAL SCOTS

be interfered with.

said

what

Asked what he had to say ́în sup- port of his appeal, Fleming that he was very sorry for had happened. He thought sentence was too severe for a first offence.

the

His Lordship: I know, that is the

have to say.-Yes, sir.

FINED FOR CAR

ESCAPADE

ground for your appeal, Why do Three men of the Royal Scots. you say the sentence is too heavy? Pte. Thompson, Pte. O'Malley and Appellant: It's a first offence, sir. Pte. Allen appeared this morning His Lordship: Is that all you before Mr. Butters at the Central Mr. M. J. Abbott, for respondent, Magistracy, charged, on four Sub.-Inspector W. N. Darkin, said counts, with: that he appeared nominally to sus- tain sentence but in the interests of justice and in fairness to appellant, he felt that a resume of the facts

Appellant's military record, of which no account had been taken by the Magistrate, was good.

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Men Agents.

(1) common assault,

(2) interfering with driver of

car No. 216,

(3) failing to pay the legal fare at the termination of their journey, and

(4) malicious damage to a win- dow at No. 42, Lockhart Road.

The men' pleaded guilty on all four charges.

*** FOUR. VISITATIONS Outlining the evidence heard at the Magistracy, Mr. Abbott said that at 11 o'clock on the evening of On the first charge a conviction May 6, a party of soldiers went to was registered, on the second and the Neptune Cafe. One of the third charges, a fine of $25 or three party went to a room on the mez-weeks' imprisonment on each charge zanine floor and broke into the spirit was imposed, and on the fourth bar.

charge, first two defendants were At 11.30 the soldiers returned fined $50 or six weeks imprison- and after staying some time went 'ment, and the third defendant $25 away. At 11.55 there was a fur- or three weeks imprisonment. ther visitation. Some of the party It is understood that the Regi- went into the backyard and were ment is paying the fines, which will passed various bottles of whisky be deducted from the men's pay. from the spirit bar.

Appellant was identified as one of EARLY MORNING ESCAPADE two men standing on the roof of a Inspector A. V. Baker said at shed in the backyard. On receiving about 12.15 a.m. on Saturday, de- the whisky, he went into the bar offendants engaged car No. 216 from the cafe and, with threats, warned the Dreamland Dance Hall to take the bartender to leave him alone. them to Lyeemun Barracks where There were altogether four visita-they alighted and went to speak to tions to the spirit room of the Cafe the guard. On the way back, near on that evening.

Lieut. F. Glossop, of the Royal Scots was called to give evidence as to appellants character. He said that appellant had joined the Army in 1933 and had since had a good character. He had been guilty of

no civil offences.

Taikoo Docks, they assaulted the driver and attempted to take The driver charge of the car. switched off the engine and got out. One of them attempted to The driver made a

drive the car. report to Shaukiwan Police Station.

He recovered his car and on his way to town again saw defendants and made a report to another he

RECORD DESIRABLE Rejecting the appeal, His Lord- ship suggested that Magistrates, in police station. About 3 a.m., passing sentences, should make some and they were arrested.

saw them near Murray Barracks. record of their reasons for being |Bevere.

Abbott

On the statement of Mr. that appellant had been in custody for some 21 days, His Lordship rul- ed that the sentence should date from conviction.

STOWAWAY ON THALATTA

Appearing before Mr. Barnett at

the Kowloon Police Court this morning, Arvids Ozols, 26, Latvian,

WINDOW SMASHED Regarding the fourth charge, a stone was thrown at the window of the Miniature Cafe, Lockhart Road.

Lieut. Gibson said the damage would be made good by the Regi- ment and deducted from the men's pay. Thompson and O'Malley were old soldiers of indifferent char- Jacter while Allen was a youngster and had only just arrived in the Colony. His record was fairly good..

was charged with entering the Co AGAIN ADJOURNED with being a stowaway. lony without a valid passport and

Edwin Moreland Dwyer, seaman Defendant was found" on board of HM.S. Dorsetshire, was brought 8.8. Thalatta after the ship left up before Mr. R. H. Butters this Shanghai.

morning and formally charged with

A fine of $50 or-one month's hard the murder of Leading Seaman labour was imposed on him. An Robert Edmund Dickenson. expulsion order, recommending he The case was adjourned for be sent back to Shanghai, was made, week.

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