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•
THE CHINA MAIL; TUESDAY, FEBRUARY 21, 1918.
JUDGMENT RESERVED IN MURDER APPEALS
Judgment was reserved yesterday by the_Full Court comprising Mr. Justice T. J. Gould (Pulsne Judge) and Mr. Justice J. Reynolds (Acting Additional Judge), on the appeal by Lam Kul, Chung Tip and Chung Kal against their conviction for murder and manslaughter, respectively.
All three appellants were contradicted each other on mnt- ¡charged with having murdered | tors which went to the rvot of Flo Be at Second Street an May the admiṣalbility of the mother's
25. A verdiet. of "guilty of evidence an to identification. murder" was returned on Nov. The defence in the case of 20, in the cunt of Lam Kui and the first and third appellants Chung Kui, sentenced to death, was an alibi, with the alterṇa- by Justice E.H. Williams tive plea that if they
Chief Justice), Chung Tin was present, then the evidence was jound guilty of manslaughter couslatent equally with their and sentenced to ten years' hard | having withdrawal from the itbour.
were
.common design which it was
"Withdrawal”
It aubsequently transpired necessary for the Crown to bring that the jury were not unani- home to prove the charge of muns in regard to the verdict | murder. of "Gulity of Murder." An ap- plication to the Full Court last week
the Iar directions that Jurors state, by affidavit, their verdict in the case, was dis. minacd ry the Full Court of Apped L.
Mr. A.J. Clifford appeared on behalf of the Crown. The Han. Mr. Leo d'Almada e Castro, K. C., instructed by Mr. M.A. da Silva, appeared for all three appellante.
(2) That the trial judge mis- directed and non-directed the jury on matters of fact,
ap-
As regards the second pollant, his defence was that he was there but withdrawal from the common design before Lo Be was killed.
To Die
At Dawn
"Klipped"""of all military Insignia, Major Ironho Yoshio, 45-year-old Chief of Kowloon Gendarmerie dur- ing the Japanese occupa~ tlồn up to "August 1943 In scheduled to be · hanged at Stanley Prison xi ḍawn to- day.
on
Sentenced to death Nov. 11 for, responsibility for inhumane treatment by his subordinates of Chinese and others detained by the Japanese - Gendarmeric. Yoshio appeared in arverki subsequent war crimes trials to testify. Because of this, the execution was delayed untit this morning..
Something Wrong With His
Brains
"POLITICAL MISCONCEPTIONS"|
Nanking, Feb. 23. The Government-control- Jed Ceiltrat Dally News, commenting on UB Am- -bassador Leighton Stuart's memage to the Chinese peo- bie, said some Chinese peo ple regard Stuart's message as a vigjation of diplomatic Courtesy,
*Still others think he stil has some political miscon- ceptions. Central News added-Associated Press.
Personalia
China's first
Ambassador
SERIOUS ALLEGATIONS AGAINST POLICE
Because of the "serious allegations" against the Police made by Wong. Chan, a female, charged with obstruction and hawking without a licence, a thorough investigation into the mat- ter was ordered by Mr. FX, d'Almada at Cón- tral Magistracy yesterday.
You have made serious On her further plea, defon- allegations against the Poltes dant was balled out and gent and I must get to the bottom of nut to get a witness, whom ake. it," Mr. d'Almada remarked. claimed to have, accompanied by.
Wong alleged that she was | põllee.
buying vegetables · when she Other hawkers, who appeared. was caught o' in hawker raid" | on 'similar charges, pleaded conducted by Hollingshead gulity, "and were fined between 10 and that a Chinese detective $10 and $20.
There is something wrong ¡with my bralis,” declared '_Ip {llak-yan, 28, of 116 Prince Ed- ward Road, ground floor, when [he appeared before Mr. W. "A. Blair-Kerr at Kowloon yester- day charged with being drunk. and Incapable on Feb. 21.
According to Sub-Inspector Slam, Dr. Li Tieh-taeng, arrived hit her on the head twice and :S. Howarth, a telephone men-in Hong Kong yesterday after-threatened to put her into the Page was received by the Sham-noon from Bangkok on his way dark room." When she cried to Nanking to present his per- "Save Life" 81 Hollingshead ahuipo Pofice at 8.16 pm on Saturday that a Chinese male|lodical report, was drunk in the Li Yuen Cafe. Portland Street.
who The Ambassador,
made the trip in an American Army
Military Attache
Cho Holm-shu.
In
come on the scene, she added.
SI Hollingshead ‚said. that when Wong was asked for a licence she said she had one
RNADSC Dance
Inspector Rogers and two aircraft, was accompanied by the Chinese constabla proceeded to Chinese
but refused to produce it, ex- The Royal Naval Armament the place and there saw defen- Siam, Colonel dant lying sprawled avern They will leave Kai Tak airport plaining that if she did so she Depot Sports Club held a success-
would have it -endorsed that in the judge's table." He was so drunk, sald this morning in the same plane would rather be charged with by kind permission of the R-ya! and ful Dinner Dance at Kellet Island remained report, there appeared a note St Howarth, that he had to be for Nanking
Dr. L who comes from hawking without one. that the tria; was unsatisfac-arried into the Police car. Mr. d'Almada said that the tory. The convictions agains
Sent to the Kowloon Hospital, Hunan, took up his past over 104 trial judge failed to direct the all appellants should be quash.he was certified by the doctor months ago, and this will be his Bald 31 third vint to the Chinese capital jury that if in fact there was ed.
an being Intoxiented, any evidence that could be con-
Replying. Mr. Clifford anid Howarth, who added that des during that time.
mis- fendant have had several pre- vicus convictions for a similar offence.
The matter of light was also of the utmost importance and (3) That the trial judge had the trial judge failed сол- falled to direct the jury on the|trast the evidence of Sec-to Kan iny na to disassociation from act causing death and with drawal from the common de-
sign.
regardings visibility with the evidensee of Chan Ming-fai. The evidence of Chan Ming-fai that the three appellants were seen walking ahead of the crowd was conplatent with their having common withdrawn from the design before the attack on Lo
Chung Ku! also appealed on the ground that the trial judge had wrongly admitted evidence from Chinese Sub-Inspector Lam Yun-hen of alleged questions, | Be. and alleged answers by Chùng Kai.
Grounds
In the case the appeal was following grout:ds:
(1) That the trial judge!
Dealing with alleged us
or
had misdirected ant non-direct-second appellant was carrying delivered ELH Яoon лв prac ed the jury'on matters of fact. a pole or a branch. When the ticable.
•
(to
Hong Kong Yacht Club. Mr. d'Almada then ordered The President, Mr. T.F. Honess,
remanded In Naval Armament Supply Officer,.. defendant to be
ware present, police custody pending loquiry and Mrs. Honess into the allegations, but Wong supported by Mr. N. Luscombe, retorted: "If you put me in Assistant Director of Annament. prison what would happen to Supply. Lt. Cmd. Tytrell R.N..
Australian War Crimes Trial
Torpedo Engineer Officer. and Mrs. Tyrrell Mr. A.F. McLeod, Deputy Armament Supply Officer, and Mrs. McLeod, and officers and staffs of Royal Naval Armament Depot, Torpedo Depo and their friends.
The premises were tastefully decorated with flowers, folinga
Passenger by C.P.A. planes me?" Included J. A. Abbas, A. J. Lang. Mrs, M. Ormsby. Miss M. McNell, J. T. K. Gilchrist, Lt. O. R, Moore, Mrs. H. Wool- St Howarth informed theley, Mr. and Mrs. T, S. Young Court that defendant had been and Miss Shirley Young (to offered ball and was unable to Sydney), as G. Gerge produce any. He would there Manila), C. L. Lastreto and J.
Com- guerillas and fore ask for an alternative to Calyn (from Singapore), Gmunist forcas taking advantage und planta. whatever fine the Court might Falconer (from Bangkok) and of the fail of Salpan, raided Jap After dinner the Company en Impose.
Mr. and Mrs. M. K. Nagholds anese dumps on Hainan Island Joyed several hours of dancing Ip was fined $25 or 10 days' (to' Rangoon).
stole arms and ammunition, his Boys, and prizes were won by to the music of Phil Baldwin: and. imprisonment.
Vleo-Admirni Tahara Sazumu (now on trial with 16 other alleg. Roblosun and Mr. J.Simpson,
Mrs. Dyche and Mr. Antis, Mis ed Japanese naval officers for war crimea BL
SONATA RECITAL
Chinese
Among passengers leaving by the P. and O. "Canton" for the United Eligdom yesterday were the retiring Postmaster General, Mr. E.J. Wynne-Jones,
In that pres Professor Harry Ore is to and Mrs Jones, and Mr. and Chang
there were no capable hands Mrs. E. C, Drown. Mrs. (Betty) Tabara (charged with mistreat-
Kai-shek forces, Maid | Tyrell RN, Drown Is musteal secretary of ing some 500 POWs and cousing
(anp) Eld the No. 1 Australian
Hainan POW and Mrs. Hughes and Mr. Shil
War Crimes Court yesterday.
This is the third of a series
Z.B.W.
gave
lowing winners H:rem prosenind prizes to the
strued as a withdrawal from that there had been no the common design by second direction, non-direction The grounds of appeal by appel'art or that the evidense failure to contrast evidence by Lam Koi and Chung Hat were:
was equaly consistent with such, the trial judge, who had been
In reply to the Magistrate, (1) That the verdict was withdrawal in the case of the more than fair to the appellants defendant said that he had been wrongly delivered in that it was first and third appelants, they in his summing up. The addrunk several times." not the unanimous verdict of should be acquitted. This justi-mission of the evidence of Lam the jury.
fied the convictions being qunah-Yon-hon was fully justified and cd.
under the Preliminary Rules, Police Officer could and should question suspects.
Mr. Cilifford quoted numerous authorities and said that justice and commonsense are too often sacrificed at the shrine of mercy. As to the lack of un animity of the jurors, he would not, in viow
of the judgment of the Court last week, deal at length on this point. He would.
The duties of M.C, were in the however, like to mention that
of Comd., under Section 6 of the Jury give a sonata recital at North-
During the evening Mr. T. F. Ordinance, Hong Kong, it was cote Training College at 6 p.m. directions in the case of the
statutory that a juror could tomorrow. stcond appetant, Mr. d'Almada not be challenged after a trial.
the death of 150 prisoners be-
In the Club's Sween 1042 and 1048). He add darts competitions, of Chung Tin,aid that the trial judge mis- even as regards qualification. of recitals illustrating the de- Peninsula Hotel arrivals ined that
RNA. Depot League Stone- tba Chinese raiders directed the jury regarding the based on the
Afler Mr. d'Almada hud velopment of the sonata, include Michael McMaster, David fought in civilian clothes.
cuttera Single Offeéta Mo48. importance to be attached to briefly replied. the Court an- which Harry Ore will play com- Blacklock, Miss E. A. Olivér. whether Chan Ming-fal salg the nounced that judgment would be positions by
Tehara, the first defendant to Messrs. Wallace and Ettles. Run- Brahms, Mac- E. A. Griffiths, A. L. Hughes, give evidence,
up Messrs. a general
Blake and dowell and Tschaikowsky. Ad- Mr. and Mrs. L. A. Lewis and geographical
cutline of Hainan Brown, mlsalon is free.
17land.
Doubles Knock-out. T.E.O. De- Air Commodore E, L. Ridley.
He said the Japanem trial judge stressed the (2) That the trial judge
had completed a rallway halfway
partment! Mestra Urquhart and of. failed to direct the fury on the portance of the evidence
Peninsula departures include around the land by 1944. It Chan Ming-fal with regard to law na to disassociation from act causing death and
C. Josling, P. Pinier, Mr. and was, however, not built on sound the branch rather than the pole, with-
Mrs. I. C. Mackenzie. Mrs. D. foundations and cften was out of drawal from the common
he gave undue weight to the de
boy's evidence. No particular sign,
there is no doubt that the sys. M. Distant, S. Federman, H. C. order. The Japanese experienc
The succese of the evening was in bringing Mr. d'Almada sald that the value should be attached to the
Sir, Mr. Woudhead's timely tem of control and regulations, Duff, J. Gilchrist, W. K. Wal-ed great difficulty Crown case depended almost boy's evidence.
article on Hong Kong immigraas enforced by them until their ker, P. E. Nettle, Mr and Mr. food from other areas to where in no small way due to the hard- working Club Secretary, Mr. entirely on the evidence of Chan
tion, published in the "Sunday | defeat, was casential for the D. Drummond, C. Osborn, R. the prisoners were stationed.
Glover, Mr. and Mrs. C. B. R.. Bridges were frequently wash-Wally Wallace, and his assis must meet with the good of the Colony. Hearing in misid the evidence Herald," Ming-fai, a boy of 14. Apart
tant, Mr. wed away and were dangercus.
Jack Shepherd, and There can from his evidence, there was of Chan Ming-fai and bearing in full approval of this Colony's
question Heathcote-Smith, and R.
Mentioning a case in which Club Members hope it will be little else upon which the Crown mind the contradictions of Ho community.
that the need for prompt action, Wethington-
Dutch prisoners ware Injured in possible to hold anther Social be recognised that as Mr. Woodhend has sugggest- could rely, except that of Sze-to Mul, the trial judge should have
The following passengers un accident when truck fall Evening in the near future. Han. In the Police Court, Bre drawn the attention the jury to Mr. Woodhead has the reputa-ed, should be taken seriously by have arrived from the United Into the river from a bridge, Ta- Hald that he was not able to the important discrepancies bellon of being a very found the responsible. Authorities and Kingdom-by-BOAC "Speedbird" hara explained that it was not distinguish any of the persons cause one or the other
writer and his long experience the past palley for nearly two who surrounded him. Subae have been wrong.
in North China proves that his and a half years of just drifting flying-bost: Mesars T.E. Davies, because the Japanese driver was The evidence of Lam Yun-hon, Judgment, as a rule, is good, along can quently, at the Sessions, he
only result in un. Deroo, E.L. Ridley, R.M. Ellias, drunk, but because the bridge
was dangerous. Williamson, Mra. G. claimed to have identified third while not of very great Im- That no steps were taken im- pleasant problems.
Hawkins and Miss E.A. Oliver dence before the Court today.
Tahara will continue his evi Now that Mr. Woodhead appollant. There was also the portance, greatly affected the mediately, after the Kowloon,
vidence of Ho Mui, mother of defence of alibi and strengthen (so called), Walled City! incl- seems to have selected to reside others aboard the same aircraft His ovidence is expected to take case regarding dent, to enforce some check and in the Colony it is to be hoped Karachi), A.J. Williams, he will be cross-examined by the wore Hesars H.E. Jones (from some days to finish after which the deceased, who claimed toe the Crown's have identified the third ap-identification. It
opportunity he will be encouraged to con- Greenblat was argued control stems un
(from Rangoon) Prosecutor, Major Grant inue his good work, and this T.A.S. Harda, J.H.A. Middle-Intyre, pellant some time after her son that once Lam Yun-han had aa-
Mc- Although no admirer of the regardless of what the certained the name of Chung
Australian Division, met his death.
ceat, W.A. Jones, LA, Lewis, SCAP (Tokyo) GHQ. Kal, the latter was in custody Japanese and their methods, trolled propagandista"
may Seng Yeo-jew, Harden Bergh, J. have to say. and no questions should have
De Jong, P.W. Lokello, Tapi been put to him without the usual caution frat being ad- ministered.
Each of the three told stories containing serloun contradic tlona. The boy and the mother
Discrepancies
Im-
must
Proceeding to the ground of
Readers' Letters
It must
missed.
Timely
HEALTH RETURN
110
"сол-
X. Y. Z
STATEMENT
WAR.
+
•
Wal-pul, Mrs. E.V. Jones, Mrs. KCC Leap
Year Dance
M.H. Lewis and Miss Vergers (from Bangkok).
Demmet Rupners up Mesars Fowler and Gammel...
Singles Kncek-out, Mr. Fowler, Runner up Mr. Gillan,
Reminders
Today
by
Rotary Club Luncheon, talk .on
"International Peace" Dr. Eleanor. Thom, Root Gardon, K. Hotel, 12.30 p.m.
Dinner in honcur of Manila. In
terport Soccer Taam, HK. Hotel Cafeteria, 8 p.m. St. Joseph's Football Club Dance,
Lusitano Club -8; p.m. Presentation of Ambulance to St. John's Ambulance Brigade
Included in the 112 cases regis- terday that the area is outside the enz-hoe, F.A.J. Barrotto, Chan Jingy, is to hold a special Leay. St. Paul's Old Boys Union Ant- ́
numi Bali, The Gripps HR,' Hotel 18 p.m./dan. 19
· · by Mr. Aw «Boan Haw, Mur- ray Parade Ground, 5,80 appeal that the verdict of mur- Of the 48 deaths from infec-
Arrivals by BOAC flying-
*p.m. The Kowloon Cricket Club, der against first and third ap. tious disenses
Whh reference to correspondence boat from Singapore are Messrs whose social activities are giving Cocktail Party & Film Show by during the week pellaris Was not unanimous, ended Feb. 14, 41 were from recently appearing in the Press re-
Karding the proposed erection of a D. Blacklock C.8. Yow, N. members and their bands op- Directors of Blazengers Ltd., Me d'Almada aald that the Full tuberculosis and four from en-
tannery at Laichikok, an Urban McMaster, Ton How-seng, Tan portunities for enjoyable" even- Jacobean Room, H.K. Hotel, Court of Appeal had held teric fever,
6. p.m. Council spokeman pointed out yea- -ogalnat his application for direc-
Lam, Lat Cho-khoon, T.Year dance next Saturday, tions last week.
tered with the health authorities, jurisdiction of the Urban Council.
Ratuszniak. Anderson, Chan BO ware tuberculosis
Dancing will begin at 9 sharp "The present Court had a re-
casca, 12 The site in question is in the New Kwong-kee and Tape Siang and continue until 2 năm, with port of the trial judge which chicken-pox, feur enteric fever. Teriltosles and, as such, is under the peng. FI/L. D.A. Arm, Mis. R. Quah and His Band, who proved control of the District Officer, New ambodied "a statement clearly and five measles.
During the same period 444 Territories, who is
be Tuttle, Miss R.L. Dunham and so popular af the two New Year
Miss Wal.
danger, once again providing the murder Was Rot unanimous. Kons, 823 for
music. The spokesman also polated our Kowloon and 43hat the Health Authorities have TC- Being part of the report it for the New Territories The peatedly warned the public against RC. Heauclerk, R.A. Depo, form part of the programme, and Departures by Air Franoo: Spot and novelty dances will must be entertained and con- number of deaths wae 124 inwimming in the waters of the har- P.A.L. Laffon. Mr. M. sidered by the Court from the Hong Kong, 168 in Kowloon and bour, Laichikek Bench is within the Cauvin, GF Shingledecker and ad during the evening. Dress is
G. light refreshments will be serv- Allas point of view of this appeal. [20 in the New Territories,
Harbour limits.
showing that the verdict of births were registered for Hong oldering the food to.0.91
It was very well to say that on
a matter of principal, evidence thould not be allowed and that ...as a"jurór did not dissent at the time of the yordict the Court could do nothing. It might be suggested that appellants were not withbut remedy because it was quite clear that before sen- fence of death was carried out, | It must ̈ be confirmed by the
| Appropriate authority. It was.
however, not a question auch
as the Home Secretary would have to deal with in capital and other charges
The
Not As Cold
It Seems
As
"It's only the personal’remations to the Lant few da
Kowloon Union Church Women's
Guild Meeting 10a.m. Interport Soccer: Manila v. "The Rest of Colony, 'Club-ground.
Coming Events
WEDNESDAY**
Sky Merchant plane arrives
HK Hole! 6.80 p.m. THURSDAY
C. Rittenhouse (for Salgón), optional and Mr. and Mrs. Mialhe (for Plans for booking tables are Paris).
Low open at the clubhouse, ad- Y's 7, Men's --Antial General inission, being. 16 per person.
Meeting Catholle Club, The forthcoming
Queens Road Central, 1.30. have been announced:
David Muir Miller, Officer to Chan Li-ming Parkes Street
weddingrul Saturday night dance last
The ECC staged, another suc
Cochrana
Prison week more than 100 dancing to Private Art Exhibition by bir.
music played by 92 and his Band. ?
London Reginald Burch, Civil
said a Royal Obserystory, offiilal when asked by the "China | Servant, 1 New Road, Kadoorie Mall repofter yesterday: whether it was really as cold as it Avenue to Joan Mary Mac appese to be, tak
In reality, he said, the tem- said the oflialal bringing with perature at 11 am. was about it: caden clouds:
alx dogreen above the average ofIn-pla opinion it should:
had 60 dege. Fah. for this time of quia cool for a couple of
Høyer Inter ged "on" grounds the year. where the
The
Night,af
“The reason why it appe
to be colder than it aëtë
was the absence
presence of wind, and
28, degs, Fahakam
ize:of. 78.8,des
||longer, but there is
of the temperatur
Mist of maut
Fayden, 11 Ventris Road. ‚!
als at Repulas Bay Hotel
Included Mr. and Mar Handscomb. Departures in=}
rindi
Mr. and Mrs, "WAR! and Mrs. R. Price! 1.B. Alexander mid
"Kam-Shek Km. St. Francis
Hotel, pm,
THE WHISKERS CLUB
1