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JOHN CLARKE'S
CASEBOOK
One Word
THE most spectacular
oaths,
the
of
most Jurid scarlet swcaring. sound
as
innocuous 03 nursery Phyrnes,
when
pasion
they are read without
CHINA MAIL
Established 1845
MONDAY, DECEMBER 15, 1952.
Sheaffers TM SNORKEL
Accused Of Famous Cartoonist Here HK&Whampoa Dock Co
Murdering
Woman
Criminal Sessions 'Trial Opens
The trial of a 31-year- by policemen from old unskilled labourer, their notebooks, in the police Wong Wah-yau, for the
Indeed, is
murder of his adopted courts, The citest,
much the same as would be a mother, Wong Ngan, 69,
plano concerts
with
performed
two fingers or a poem of on
Kents recited
the rooftop of Nos. Swahili. 478-480 Lockhart Road on The flavour of the original is September 3 last opened "Alfred used a naughty word before the Puisno Judge, Mx Justice C. W. Reece, Within an hour of speaking the in the Criminal
Jont,
In public the olher morning.
he was this morning. dock at How
Sessions
shocking
syllables,
standing in the
Street,
defending
alleged
that
DOWN
himseit
The Crown
against a charge
of using ob- following a quarrel in the early of September 2. tho scene language: Had the win-hours
a trestle down of the ecurtroom been accused picked up
that Alfred bench and struck deceased with opened, the word
certainly it, causing wounds from which almasi been heard, artistically the later died in hospital linked with others even more
uked
could
have
violent, from
the streets out-
Conducting the case for the
side, where the Covent Garden Prosecution is Mr M. Morley- with their John, Crown Counsel. Det. Insp. porters avere busy work.
on
·
LFRED is a lorry driver, ai A cheerful young man of the effervescent Bert who never lack opt words to use on any oc- casion whatever. He was driv- ing his lorry along the Strand morning. this particular
hurried across when two men his bows to grab a laxi from rank in the centre of the road, One of the men carried
he dived for sultcase, and as the taxi the case burst open, Alfred's lorry ran over it.
T. Chalmers is representing the Police,
E. Luseby, QC, Mr Charles instructed by Mr W. H. Young, appears for the accused.
A Jury of seven men has been empanelled.
Juror A woman
who Wüs Jury selected to serve on the objected to capital punishment. She was allowed to stand down and another by his Lordship Juror was then called,
Addressing the remainder of policemen saw the incident, ship sold that in the event that
and stopped Alfred and his they should be summoned in the murder trial lorry. The policeman suggested future to attend Alfred's vehicle might have and they found themselves in the cage from the the same position as the woman knocked
juror who objected to capital taxi-hunter's hand.
"Course I din't hit it," Alfred punishmen
punishment, they should notify sald.
"You're just out to cause the
the Supreme Court Registrar of this fact a day or so before policeman here," the said, and he want to find the the trial, in order to save them- man whose case had been run selves the trouble of attending.
MURDER DEFINED The police over. He had gone. man returned to Alfred. "All
Opening the ease for the he said, "you can go."
Morley-John sald You" Alfred said, "you're Crown, Mr
was described as not sounds big enough to cause that murder
when a person of sound memory trouble."
and discretion unlawfully killed neother
with malice afore- THERE were several people
about when he used the thought, either express or in- word, soandso," said the police-plied. I had been laid down
Low Severs All Newspaper Connections
In Britain
Sued By Employee For Wrongful Dismissal
A suit for damages for wrongful dismissal against the Hongkong and Whampoa Dock Company Ltd., was brought by John Patrick Mul- doon, engineer, before Mr Justice Scholes at the Supreme Court this morning.
Mr D. A. L. Wright (instructed by Mr R. W. F. Lodge) who repre- sented Muldoon said that his client had mitigated his damages by obtain- ing employment elsewhere two weeks after he was dismissed and both parties would agree to the sum of $1,000 damages if the Court found that Muldoon had been wrongfully dismissed,
..... Mr Wright added that the action was brought because Muldoon wanted to vindicate his stand in the matter as he felt that he had been wrongly dealt with by the dock company. The damages did not really
matter.
Mr. R. O'Dowd represented]ment, in particular, the nature the Dark Company.
and extent of his accommodation. Opening hla cast, Mr Wright That was on June 16. On June said that Muldoon claimed 10 he was distinctly told by M damages for wrongh dimissal Storrar in an interview that he of an agreement for employment could not resign. All this took contained in a letter of offer by place within the probationary the Dock Company dated period and that was the mason December 24, 1951, and a letter why even, when that period of acceptance by Muldoon dated ended in July, Muldoon made no January 3, 1052.
effort to resign because he fully
RECEIVES LETTER
was
resignation
this the
Employment commenced on belleved he had no right to do it January 25 and salary was paid as in law. from that date, said Mr. Wright, On September 4, 1952 he main| Mr Wright said that the inter- tained plaintiff was wrongfully view with Mr Storer on August dismissed by
a letter of that 29 was followed by a letter dated date. Muldoon continued work- Septembes 4 from the Chief One of the world's greatest political car-ng untli the end of Septeniber Manager saying that his verbal
and was paid up t them. He tender of toonists, David Low, arrived in the Colony this left the Dock Company on tha: accepted. morning on the RMS Canton for a month's visit date-in-pursuance of the direc: munager added that he considered with his daughter, Prudence Rowe-Evans, wife of ton contained in the dismissal a month's notice was necessary to terminate Muldoon's employ- letter. the acting Registrar of the University of Hong- Counsel suld that plainti❘ment, and that the company would give evidence that he would withdraw its offer to en- kong, Adrian Rowe-Evans. Mr Low was accom-Is a qualified engineer holding ploy the plaintin.
In actual fact the company panied by his wife.
degrees and he and his. family Iwere brought here from Malaya could not withdraw its offer by the Dock Company to take because that was contained. In up the appointment.
the first letter and had been accepted, said Mr Wright,
In a shipborad interview he made the announce- ment that he had severed all his newspaper connec- tions in Britain, and was going to embark on a new venture when he returned. Asked for the name of the paper he was going to join, he said: "I'm afraid that's a trade secret, and I must keep silent'in de- ference to Fleet Street."
In
'more than 40 years of
trick" by completed the "hai
British journalism Mr Low had NEW CHAMBER
worlding for the OF COMMERCE
Conservative parties thre
three major M❘ the
Evening
and
An Indian Chamber of Com-
THE MAIN ISSUE
After Counsel had referred to' The main issue of fact in the letters which passed be the case centredi on an inter tween the respective solicitora view between the plaintiff and and the letter of reference from the Chief Manager of the Dock the dock company describing Company, (Mr
on Muldoon as being "conscien- 20, August
Mr tous in the duties allotted to doubt hear Wright The Court would no him" and having resigned, he two totally con called Muldoon to give evidence.
The case is continuing." flicting versions as to what oc- defendant company
Somed
curred at that intervippiently
alleged that in the course
man. reporting the matter to Mr that if a person while in the standard, the Liberal Star,merce will be established today that interview Muldoon ten-
"And
weman
what
OF
4
He said that If, when a per- son did an act resulting in the death of his victim, he must, as reasonable man, have con- templated that either death grievous bodily harm was like- ly to result, he was guilty of the murder.
Outlining the facts, the Pro- quickly he began,
accused picking up the vernacular way seculor said that the of speech, "when one of these was the adopted son of the de- gentlemen' dropped his case and ceased and they both lived in
ran over it. The copper said, hut on the rooftop of Nos. 470- Lockhart Road. On The You knocked out of his right
and early morning so I said to him, 'Oh, shut up.
September
they "Did he tell you why you were
and the accused magistrato quarrelled prrested?" the
picked up a trestle bench and Inquired.
"No, just sald, 'Come on up struck the deceased with it. the road, you're arrested. I've There's two men nover, swore.
of the lorry was in the cab they'd tell you that."
you like to call
420
of
1-2
Daily Herald.
don't
an
pyta
Living Language
Why we say Niche.
The Italian word nicchio means a cockle- shell, and it was in the pattern of n cockle- shell that recesses were built in cathedrals and churches to hold statues. Thus from sig- nifying a shelf built for a special purpose, the word has come to mean any convenfent nook or cranny.
Mail Notices
The latest times of posting shown, below are those tor an.: registered correspondence posted REG.P.0 Hongkong. 'The Intest posting times elsewhere which, in general, are earlier than the O.P.0. times, can be ascertained by, enquiry at the locat·omen.,
The latest posting times for registered articles are generally. one hour eariter than the times shown below. Particulars · re-- garding parcel malisen be ad certained by enquiry at any post once.
From The Files
100 Years Ago
From ton in the morning of the day of our last Issue until ' four. yesterday our whole timo was absorbed with the Criminal Sessions of the Supreme Court. To some the duty of a furor is Irksome and unpleasing. Wo cannot say that we often feel it three This time, however, days constant attendance, and
mora the prospect of one at two. next week (the Sessions being adjourned until Tuesday) rendes the business a little more thon usually trying. Nor has the Calentiar proved, even so far. one of customary significance.
001
The circumstances of the first murder case were horribly: dé veloped; and the Piracles, of which there were three CUSCE tried, with the same prisoners two of them, involved weighly
ghly consideration. In the
in
flest of these piracles an old man was ordered SİX
weeks' Impri- sonment for the commission of gross perjury; his evidence at Supreme Court conflicting in such degree with his original deposition, on which with others of similar tenor the prisoners were indicted, that the case for the Crown" was"-of- necessity abandoned.
FEARFUL STATE And yet for the perjurer, if extenuation under any circum→ stagrees might be pleaded, there was much which might be sald for him, and as the details aptly stato.of wo-at
www
exemplify the fearful society in which once triefly, give them. - Tao; prisoners Foo-Afook and Thing- Afock, according to the little evidenco
adduced,
dis
cerned in a piracy a short tance from the eastern, entrance of the
the harbour. In some way, which did not appear clear to all who heard the learned. At- torney-General's opening ad- dress, the Witness". "brother fell into the hands of the Prisoners confederates, and a notice served by ther on the de ponent that if he said -any- thing which would tend to criminato the prisoners, bis brother's head should be sever ed from his body, When, there fore, examined
by the
Crown Prosecutor, as to his brother's, nome, he swore it was Achan.. whereas another witness sworn that the name of Tal-Akwol, as first given at the Police office, wnd that by which he was generally known. The Jurors ware directed to return a verdict of not guilty, and the prisoners & were released..... Not proven
would have been a better To turn; and as it was evident that the Prisoners were suspicious to our thinking
MONDAY, DECEMBER 15 By Air Philippines, N. Borneo, 4.30 p.m... CPA
Indo-China, (Tonkin- p.m.; C.F.A.
· only), 4,30
Formosa U.S.A.. (Seattle
Canada, 6pm H.K.A/NW.A.L.
Japan, p.m., B.D.A.C.
By durface Macho 9.m.; 8.0.0..
Youth Gravely dered his resignation from the Injured In
that resignation Company and was instantly accepted orally. Bus Accident On the
other hand, Muldoon would say that nothing of the An 18-year-old youth, Suen Yu-hong, was seriously injured He sort occurred.
would that on
he advice he believed this morning, when he had no right in law to resign knocked down by a Kowloon under the terms of his contract. Motor bus at Telmshatil
that the youth It appeared He had no idea that it could be rescinded by mutual agreement, monstrmation on a
de- was watching a fre brigade The contract made no provision
Vacant picco the Fire
7 of 1840, would have for his giving notice at all of ground.
opposite
been brought well in play here, Muldoon would say that during Brigade terminus at Tsimshatsui
when interview, which was quite about 9.45,
Malaya, Indoncato, Australia, Now the Registrar-General, when suddenly
Zealand, 8 a.m..via. C.P.A.. and attempted
Indo-China, France, French Nothing to the mainland, send-
he can amass for Air Commodorented all be did was to express turned around
ale
Field Arrives
he
Len
Incimestap.m. Tuweh. TUESDAY, DECEMBER 10 By Air
was & West Africa, 430 p.m..
Labour's R. H. Blundell, the magistrate, act of committing a felony in-
volving
violence killed another
declined jokingly: that he was
was for the first time in the history among thein was
one without having the intention of
planning to complete the cycle of the Indian Community of looked who
very
so killing him, that killing was
the, Daily Worker. Hongkong. and the by joining aneyed.
On December 18 at 11 am. approve of "They never swore," said Alfred. nevertheless murder,
Independent spirit" he said, the representative of the Indian It was his turn to question the Prosecutor.
"and I ha
I have always maintained Government in Malaya, Shri officer, now. He said: "Isn't it
Independence. regardless for Gopala Menon, who arrived to- night you didn't tell-mo
whom I worked."
| day-by the RMS Canton, will you was charging me with, and
Mr Low is pleased to be in open the association's perman made up this charge on the way
Hongkong. He has never been at premises at Dina House. to the station?" The policeman
as for East before, and the ex-followed by a cocktail party at The opening ceremony will be safd the answer was no. Alfred
perlenze he finch exhilarating. went into the witness-box.
Although on holiday, he is keep the Repulse Bay Hotel,
his eyes open for whatever Ing Strand, ceding along
observation future cartoons and books.
a with that he could reign and to eroes the road, but NEW STYLE The creator of Colonel Blimp.
the plaintiff would maintain that struck down by a bus bound, Vietnam. this expression of his desire to for the Star Ferry. that epitome of Tory
Alt Commodore R.C. Field, resign was misconstrued by the He was taken to the Kowloon hardism which he has always newly-appointed Air Officer defendant company' as
hed, aald that lampooned,
Britain's
Commanding Hongkong, Was❘ of
resignation! paper shortage has produced a given a hearty welcome en: his new newspaper style. This was arrival
It the Court belleved here this morning. in plaintiff,
013 he submitted good in so far as it irimmed all RMS Canton from Britain to it must, that he did not tender articles down to the bare essen- assume duty In the Colony. his resignation, then it was' con- tints, but was the death of any A mixed
of Vam ceded by the other side that he squadron of creative development. Writings pires and Homets went up to Afterwards the accused visited of distinction, as opposed to greet the AOC
On was wrongfully dismissed. as the Canton the other hand if Muldoon's ver- a women witness, Poon Hang- toid
cliches, terse
were becoming entered Kowloon Bay.
slon failed then it was the end ping, who lived nearby and
more and more scarce as journ her that he had struck deceased,
Present at Kowloon Wharf to
the case.. This allots with some initiative traded meet Commodora Field were Crown Counsel went on.
say that in com- hopeless blows with the blue-Group Captain H. M. Pearson. witness would
Officer Commanding, RAF "Give pany with the accused she went pencil.
Mr Low has travelled exten- Kat Tak; Wing Commander. J. the to the rooftop where she found
She would also sively--South America, Russia, A A. Rend, DFC, Senior Air sup the deceased.
that she
other the United States and Europe. Staff Officer, Alr GHQ; Wing called to
scene and how Every year he makes short trips, Commander J. H.
Horking neighbours to the deceased was taken to the Tung and every three years he goes DSO, DFC, Staff Officer /e Wah Eastern Hospital..
The Proscutor said that the hear a report by Fit, medical
.
66 WOULD
.
them as witnesses?" Mr Blundell asked,
Bo arc
enbe
"Nah," said Alfred, the officer the benefit of doubt if you like. I'm posed to be working, me mates."
I find "Well,
this proved," said Mr Blundell.
"You what?" asked Alfred. what do you mean you and proved?"
ALLEGED STATEMENT
jury
Dr
Mr Blundell did not answer. offerr
But
the
Alfred began. ueen Mary Hospital, Evidence tained as they unfol
1
Radio Hongkong
H.K.T. *__*, Programme
of
Parthence
ย
with them, for the Informa Arlon of the Kowloon Mandarin,
com
mon sense ideas, might have somo
Burma, India, Paint, a full statement of how and Africa,
why the Frisoners got acquitted. a.m.. B.O.A.C.
Great Deltoin, Zurope, 11
The Mandarin with only Fire a fender Hospital. by a
Philippines, Brigade
Guam, Hawali. Ambulance, and it is reported U.S.A., Canada, b p.m., P.A.L.
Malya, Ceylon, • Biam, the by the Hospital that his cond! Pakistan, Middle East, Great Bri- but that the prisoners would
Burma. tion is very critical,
still escape their deserts, there is some reason to ́doubt."
INEFFECTIVE POLICE
Mr Wright then referred to the agreed correspondence be- tween the plaintiff and the de- fendant company and between their respective solicitorB. TERM He said that the probationary
Ac period ended on July 24.
ALTERED
SUNA.
A
on long cruises to the far reaches Administration, GHQ and companying the letter of offer of the world in quest of pew Brigadier W. H. Hulton-Harrop, by the company was a printed ideas. He described his pro-ISO, Chief of Staff to Com
called
the service form
of fession na an art, requiring mander British Forces, intense awareness of politics and
agreement with the blanks left at the hospital who politicians, and sald success will
undilled. It was relevant to note that after He said, instead: "I shall die" | examined the docessed who was be, elusive so long as constant
Muldoon corri in the Later
removed to touch with events is not main- day
menced employment the dock charge you this time, but you
com--any
to get endeavoured must pay 108. costs."
"Well !..."
pervice agree GOOD HUMOUR
him to sign would
given by Dr Chan
A naturally happy man, his children Matt Hour presented by differed materially he did not finish the serie Sul-lan, medical officer, who
Summary: 107, ment, one of the terms of which examined
decenand and tence. They showed him out
from the the
conversation.sparkled with good Sally Ann (Studio); 6.30, Portuguese and he went downstairs to pay later operated
humour, capped by an aggressive Hall Hour (Studio); 7 Time Elgnal copy sent to him with the on her. hly fine. Then he went back to Mr Morley-John Bald that
letter of Independence which he never and World News London Relay)
"offer." "Ifiis altered term
unfavourable to his lorry, and the policeman
Templar, Wigh Commissioner, Mala“ this uperational the Jury would also hear the hesitated to assert. Never in his talk by General Bir Gerald
Muldoon. post-mortem
and ho returned to
career was he ever willing to the London Reby) 7:10, purney
therefore resulti afen, where, no doubt one of examination because despite the himself down as a staff car into arciody Vocal: nichard Croci Taturally and quite rightly re-
7.45, kind that
(Tecor); two words
Arast of the fused to sign toonist to any newspaper; Lord week - Imber Badke (Boprano);
It. Alfred had used: would have operation the deceased died 14
Mr Wright said that ho Beaverbrook, Lord Northeile, 79, Weather Report; Open- hours later. slipped from the mouths of men
The accused was ariestef on
siro 10th Hongkong thought it was conceded Lord Rothermere, at most, only of
*** | Products Exhibition by Us__xol- in the hour he had been away September 12 and made a cau- tied contracts for signed contri leney the Governer Bores dock company that they had tioned etatcenent. The Prosecutor buttons dency, he hinted, will OD): 450, like what I like. pra: Him.
no right in. Thọ, to insist der Granium, G.C.M.G. (Recorded said he would not now refer to
tendency, This
Muldoon signing a form of At the Eastern become more pronounced as the sented by James Ritchie (Studio)
0,” “The Brillah" Overselő-TAMOS ÖZ agreement different from the INTELLIGENCE TEST SOLUTION, the contents.
which
the Las there be m_children in' the Poise Station: the acctised made apell of his peculiar comedy ex- | Bimgspoje. A Feature Groen, family. In the scar
there another enutiched statement and tends to the United States, Al-written by Colin Wits, Produced by letter of
September 4 he made a fus ready his cartoons and publica Double Concerta In Minor, Op. 103
offer companies Hero Mr O'Dowd Booth in- fets family thero bela ambos em are ther statement In answer to the Lions are becoming fashionable 12 Brahmacha Heifetz Moun) terjected to say that was con
charge of murder. The three New York, where Time and Life ad Emmauskaa kuermann Aperol | ceded, but ha-
did not concede and the Philadelphi Orch. cond. by that the dock, company insisted statements would be produced in'"
and a score of other periodicals Talk by Peter: Urunov (Eberat. cluded
are accepting hir syndicated 1016 Chanson francaiser: Tori 3 Mr Wright went on to say materiali
of the
(n-0) Oreon boys.
bors and. (m-1)/2 aro girls,
Hence
whence (2-Ď}{m+9)=Ŋ,
Bo is 12 9, 532 walinda has our brother.
London Kaprast Stroke.
on
Programm®
Dish (DTH) ĐƯỢC ĐANG ĐƯỢC
one
by the
on
[evidence,!' the Prosecutor, "con= | magazines, the New York Times, Eugene, Ormandy:A10, Freyster on his string; tho, agreement.f
The fidal, is proceeding
******rinted and published by Walls ALICK GRUNDAM for and on behalf of South China Morning Post Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong.
"Dancing Time"
SIDE GLANCES
lain, Europe, 6 p.m., B.O.A.C.
By Galbraith
E
difficulty in understanding it;
The other piracy cases, themselves, contained nothing out of the ordinary run; but the way in which the prisoners were brought to justice in deserving. of more than ordinary attention It is hardly necessary. In com mencing what we have to, may mencing on these cases, to draw.
milar notice to the p
numbers,
Ineffective state of the kong Police Force, Wanting in rs, in plth and sinew, it is also wanting in that systematic
with organization which, siender
hall er materiais,
the battle in
confilet with an army
is
of plunderers. One great defest Is its want of an efficient detec- tive branch. We do not retriem» ber
serious any
Caso
brought home to perpetratorn, or Intending Tide that of the longicong" #teamer conspiracy, I dhenush the agency of paid · informers This kind of instrumentet is'not', willingly-used byvaz English Government at any time but it cannot be denied.”un ever in *most
the
civiilsed comm tries, circumstances may arise estabalahment where the kogular": of a defrotive Police force? Is - absolutely necessary. · We hold that here such a forte- Is, more. than ordinarily requisite: Dut of what materials shoith a force i be.composed of Chinese? « «Not Very altogether we think and why? Bécatara tao, power vested in their biado enight, bo ured" to: fedtet
preder rolls and that Muldoon costs teether he'd b *After opening Chrisimas in his Orchestre globe, Wentkar tisport: "rister. “ na to whether he ・ "I'd better warn you that he threatened to renounos his', the Colour: Mr Low intends to London Relay dood at would give notice. Becaui ültizenship 11 1. bring homo: one more book that every
Hitelay): visit Japan before returning to use God Ave The Queen hoe was not imtisfied with
"American" should read!! Close Dopiero JIE V CENE certain conditions of his employ London,
endowed why, munclent "Bilte to all the office of effemaste polico officer Elmad