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SUDDEN END TO APPEAL CASE AGAINST J.J. KING
Withdrawn For Humanitarian Reasons
An appeal on criminal proceedings against Mr James J. King ended abruptly before Mr Justice Reynolds in the Supreme Court this morning.
Mr M. W. H. Seymour who had filed an appeal against the Magis trate's decision holding that Mr King had no case to answer on a charge of fraudulent conversion of some $6,000, applied through Counsel for leave to withdraw the appeal on the ground of Mr King's ill health.
Was
BU.
strong case, that the appeal was completely dead and was dend from the day when it was first listed in the Court's lists,
new asking for
Mr Justice Rzece wald that Couns:] WE3
He asked if there wAS costs. eny poda; in telling the Cours what his (M; Bermaèchl's) views we, in view of what Mr Cliffor had sald,
Mr A. J. Cufford (instructed) | grateful to
this at this stage really the appellant for that. by Mr F. D. Hammond) who these Instructions because we affected the matter very greatly. appeared for Mr Seymour, a too, feel that it is the proper His ellent's legal advisers unani- Director of George Falconer and right course in the cirmously felt that they had a very and Co. (HK) Ltd. disclosed cumstances of this case." This morning that Mr King
Mr Clifford sold the first in- M and announced that Uimation he and his client had alde of Mr his client "from purely humani- from the other farlan motiven" sought
King's health was on Tues- mission to withdraw the appeat day when Mr Bernacchi men- Since against the decision of the toned it to the Court. Magistrate, Mr Poon
Yan-hol, then they had made investiga- because Mr King's health would o and found
tions
it was bo ser
seriously affected it the case Hence he was asking to with- draw because they did not wish continued.
Earlier
Mr Clifford naked
to endanger Mr King's health,
M. Bernacchi said that he icave to withdraw
Counsel the appen
stressed that this would not proceed if his Lord- before the Full Court comprising application WIK purely fram
and was ship question of costs, Me the Acting Chief Justler (Mr humanitarfon motives Justice T. J. Gould!) And the not due in any respect to Jack
his formed Pulsne Judges (Mr
of confidence in the appellant's Clifford shad Justice C. W: Reece and Mr Justice G. 1. case, Before knowledge of the friend thought fit to acquaint his client with the state of health of Gregg}:
particular form Mr King's The Full Court lind before it
he had had Mr Kirig at en earlier date tan have taken step3 preliminary
fight all the they eculd objections by the pondent to the hearing of the points put up by Mr Bernacchii carlie.
The Chief Justice said that he did not think, the Full Court had jurisdiction to dismiss the appeal do anything about abandonment. It was necessary to refer the matter back to Afr Justice Reynolds and then would be for Counsel to apply for the withdrawal of the ap peal.
Appearing for Mr King were Mr Brook A Bernacchi and Mi Patrick Yu, on the Instructions of Mr M. A, da Silva,
Mr J. W. D. Hobicy, Crown appeared for the
ELY GRATEFUL
Asking leave to withdraw the appeal, Mr Clifford told Mr Justice Reynolds, "This request is due to the possible danger to the health of the respondent, if we continued. I and my instruct- ing solicitor
extremely
are
ness" bad taken
to instructions
vigorously
-
"This is a porticu-i
orly praiseworthy, generous and proper gesture the part of the appellant." odded Mr Clifford,
Mr Justice Reynolds granted him leave and dismissed the appen! with costs.
APPRECIATED reaSON
c
The Judge sald that while he appreciated the acason for withdrawal he could not con- sider it in regard to costs.
Argument on the question of costs in respect of the applica tion to amend Mr Poon's Case Stated will be heard on another day.
Mr Chitard told the Full
tock that view.
COSTS
THURSDAY, OCTOBER, 14 1954.
SIDE GLANCES By Galbraith
Cope. 1968 by NEA Berloo, Ind. T. 16. Reg. 17, §. Pit. On
9.4
"I'm beginning to see what you meant when you said ha ought to make a special pal of his dad!”
German Rearmament
FRENCH PREMIER SEEKS MORE CONCESSIONS
Paris, Oct. 13.
CLICKER
RUSY
SHEAFFERS
U.S. AIR FORCE ORDERS
1,000 M.P.H. JETS
Washington, Oct. 13.
The U.S. Air Force has ordered production of the world's first faster-than-sound bomber and a 1,000-mph jet fighter, it was announced tonight.
The Air Force Secretary, Mr Harold Talbott, who disclosed production plans for the spectacular new planes, also said the Air Force had ordered & speed-up in output of its 600-mph B-52 jet bomber.
JOHN CLARKE'S
CASEBOOK
The Wrong Dream
..b
H Blackpool, a boy who TE came to London from dreamed of doing great. things with his life, who understood that some plod ding lay ahead, that the and even ruthless, that he competition would be farce would have to begin in a
Mr Talbott and the new jet Informants said the B-se fairly humble way the long contracts brought total Air. would be powered by four haul to the heights. Forco orders for planes and re- General Elcerle 3-79 jet, engines In London, he found a job an
iated Items to more than $1,200,-producing 15,000 pounds of 000,000 since last July 1.
an office-boy, and did his works thrust coch. It is designed as a His announcemem came after successor to the medium-range, well and kept his sights linsi on the Navy Secretary, Charles 600-mph-B-47 stratojes Bomber. the job next-but-one above him, Thomas, saldant Philadelphia About 1,000 B-47s have been So
Sometimes, socing
the chairmLIS that Russia pow had supersonic produced,
from the distance, the young from Blackpool, whose planes carrying stomic weapons. Officials cafused to estimate. Mr Thomas did not use the the spect of the B-58 but it name was Hugh, thought the old
appreach 800.
and presumably will
doubted
word bomber, however, most military experte that the Soviet had a supersonleph-United Press, intercontinental bomber,
Mr Thomas's statement touched off th Aurore in Alr Force and aviation circles, but the Navy Department stood fast behind its chief, It said 'Russia had claimed to have supersonis planes and It: must be true. The Air Flores never has gone so far as to say-Russia has; super- sonic plines,›
Big 3 Approve
FLY NEXT YEAR
Canada's Arms
Control Plan
New York, Oct. 13.
Tho neur U.S. supersonic bamber, which probably will ¦¦ Britain, France and The
man
man looked uneasy. Small wond der, Hugh' thought. He meant to be chairman himself, one day?
EXPENSES SOAR
HIGH A HI N Sorat Briton
with the Navy, carved palle
factorily, then came back to resume his conquest of London,
He was, by now, a ledger and
wages clerk, and he was doing fine. But as well as
ป
Better
a
| nights: trained, an“ stil &
tasto
living at the rate-forw the-job of tho
those who seniors
for
His
were his
baskiy, expozice soared
fly next year, will be built by United States all gaye their ap: above his weekly syage. His need the Convair Division of General proval today to a Canadian for money became, urgent, Dynamics Corp, at Fort Worth, resolution laid before the he began to steal from his, firm. Taxos, The F-104 lightweight Political Committee of the Ho stole only small suns et day
will be made at the United Nations General As-first. With them in his pockets California, plant of rembly, calling for a resumption he went to greyhound racing, of big power disarniament talks meaning to double and treble Mr Talbott gave no perfor- in private, andilar to those held what he had stolen, retire the mando or other detalls on the in London last summer.
money and live in comfort on two new superstic planes
the balance of his winnings. The radically
The
banAircraft Corp
festest
February
now
F-104,
powers
| sponsor",
Big Three:
Western
HUGH'S "BYSTEM.
HUGH'S gambling
In the "afce-books he kept, he Mr Andrei Vyshinsky, the managed for some month
one Soviot delegate, told the Com- keep his there, secret. But mitee that he had received Mr day he was found out. By then axerting letter together with be lug taken over 400
Hugh was brought to a copy of his resolution last Clerkenwell court and charred night. Ho had not had time to examine it with all the car. The rest be wanted taken into with stealing three Rims of £10. which this important question consideration.
Following further arguments. the Chief Justice in giving the said that the Court's decision order, the Court would moke was that the questions referred to tais Court to tal
need not now be answered and
were being they remitted to Mr Justice Reynolds the Intimation from Counsel for with the intimation following on
the
the appeal appellant that would be abandoned,
As to costs his Lordship sald that he thought he should say that if abandonment of the sp- peal arose from the motives that had been advanced by Mr Clif- Premier Pierre Mendes-France will use his stripped of some of the weighty bears agreed at the suggestion
of other modern fighters, ford it was an attitude which
ported
to be the world's solution. appreciated by solid Parliamentary backing to seek maximum | 1 Court that normally two cha was gratefully
wazplann—it', tas · been the Court, nevertheless as the concessions for France under the London accords underming tests at an air force Paul. Marin, also invited the night. He stole more, and jest The Canadian delegate, Mr proved to be disastrous. Tha money he had; stolen vanished (11 days were necessary for the respondent's legal representa- withdrawal of an appeal but the tives had not accepted that and on German rearmament, it was learned authori-bags California since last Soviet Union to become a co-mores. By making mise entfea circumstances of the case were had asked for costs he felt that tatively today. euch that this course was not there was no option but to grani dur open to hun because there was them. insufficient time as the Court 'Ad least the oppellant had would apprcelate when he come been challenged to continue with to outline the facts which had the application on the merits, and in other words Mr Bernacchi led to the withdrawal.
did not desire or request the The
Justice informed did Chit
was to be re- Court to discontinue there Counsel that it
DIO inembered that the Court was ceedings on the ground advanced
hear
certain sitting to
pre- by Mr Clifford, liminary points which were re- served by Mr Justics Reynolds who actually had the conduct of the appeal His Lordship said that he did not think the Full London, Oct. 13.
Court had any jurisdiction to Commonwealth dismiss the appeal or do British-
* do any and Colonial countries last thing about its abandonment. night reached “a' large. mea- He said he thought it would sure of agreement", towards be necessary in View of what Counsel had cald for the Court presenting a United Front to refer the matter back to Mr at next month's review at Justice Reynolds, saying that Genova of the General view of the information Counsel Agreement on Trade and had given the Court It was not Tarifs, it
was reliably necessary for the Court to deter
mine the points reserved, and it learned tonight.
would then be for Counsel to Over 50 top-ranking trade appear before Mr Justice Rey- officials from all the Common-nolds and there withdraw the wealth and British Colonial appeal, countries have been meeting for
Commonwealth
Agreement
On G.A.T.T.
a week in London In close sekret discussions aimed
at
closing their wide divergence
of how
of views
criticised general
agreement
in
to
Informed sources
Allied High saj M | Western
Com- Mendes-France wanted the missions, was nadgned to draw broadest possible interpretation up the pack by the London placed on the preliminary Foreign Ministers conference on agreementà reached so far. October 3. They were, ordered They said he would try to ob- to have it completed and ready zun the maximum towards for signing by the next. Foreign "completing the accords in Ministers acssion In Paria fullment of French aims.
beginning October 20.
tnin
7
His chance will come next when the nine-power resume hero on Wouses
The exports have worked day and night to finish the job in tinic. Their main task is to sort
Therefore the order would be that the costs of incidental and thrown away by the pro- ceedings before the Full Court. including records, would be paid by appellant taxed on the Original ance, he will point out, that the the Bonn peace conventions of Jurisdiction scale.
the
carriage
Partial Stay
of the
Of Execution
Sought
artes
cast,
certain Allied reluct-lout what can be salvaged from
confidence vote wag not on May 1952, which never went German rearmament self but into effect because they www simply gave him a mandate to linked with the ill-fated EDC continue negotiations on the treaty, T
that
:
.
policy he exposed, the sources Parts of the conventions are 2014.
They pointed out twice being cut out of the new agree. the debato M. Mendes-ment-to be known as the "Bonn France underlined the necessity Protocol". They nclude the pro of re-studying and developing vision for Allied intervention in the idea of a European urma West Germany's Intexrjal affairs emergency, United production pool which b
asido in London Was | in Iron
Не may also seek to have
other demands satisfied, so
Mr
Mr
European Union - United Press,
SWIFT PROGRESS
the end of the meeting gave The first time it was open to in The appellants, Chu Yam-on,
18,
towards Prato AHDE
An application for a partial to get the full "national back ATTITUDE APPRECIATED stay of execution of a Full Courting't he sees for final ralinca- Mr Clifford said he was grate-judgment dismissing an appeal tion Inter of the plan, to bring ful to the Court for its help in in an action involving a school the much- the matter. He did not do it in building was heard before the the expanded Brussels Western West Germany into NATO and Full Court front of
comprising should be revised.
Mr Justice Reynolds
Justice J. R. Gregg and full that time the An announcement issued
-to-because al
Justice J. Reynolds, this morn- night by the
Board of Trade at facts were not known to them.
little Information, except to say him to say anything at all was schoolmaster, and Cheung Laun- the questions discussed included in
front of the Court this chaut, headmaster, both of the "tariffe and proferences, Import morning He said that If the Sh Nam School, of 1 Oaklands export and other Court would remit the matter Path, unsuccessful parties in bilateral trade agree-back to Mr Justice Raynolds he both the original action and the ments, the special problem of would formally apply for the appen, had earlier been granted underdeveloped countries In withdrawal of the appeal before provisional leave to appeal to the cluding Colonial territories, and him,
Privy Council. Japan's admission to GATT.” ** Mr Justice Gould said that Mr John McNell, QC, and Mr
MAIN QUESTIONS
ho understood Mr Justice
s.v
- Loseby, of Russ and The announcement sold: “OM-]Reynolds, was free this morning Mr E. instructed by cials of Commonwealth govern- and that he was willing to alt Co., appeared for the appellants, ments with advisers from the if Counsel in agreement would who were the defendants in the Colonial territorica, have had a go before him straight away, original action,
Bernasch!. Mr Brook A series of meetings
Mr Clifford, indicated that he In London October4in.
together, in confidential would orange it.
since
to
Big Loss For B.E.A.
Bonn, Oct 18 West German and Allied x- parts mado - swit day treaty giving the Benn Republic
London, Oct. 18. independence
and informed:
British European Airways sources said, it
would be unished by 'Friday More Corporation, one of the two Largo sections of the agree" "British state-owned air lines, ment are ready, the sources made a net loss of £1,778, said. The committee of experts, 797 sterling for the year representing the West Germ
ended March 31, 1954 government and The Stree
by Mesere Lo and Lo Radio Hongkong order to preferred, that if the Courting
Mr Bernacchi said that he Tem
Road,
the
Is the wie of Mr. Li
respondent, Li of 8 Kennedy
p.m. Time Bigrini Summary: SĀLUNARE
Portuguere
are expected to arise would like to, make very clear Koon-chun, prominent local ented by
who the conference in Geneva, next befo his learned friend finally merchant she was the plain- month when
en the GATT will be committed himself in the male Uff in the original action which reviewed
and femitted it back to the It added that the purpose of
Judgo that he at involved the nileged sale of the
entirely the meetings was lo clarify the
the
attitude of his school premises during the Iseruca
of Hung exchange views on-friend and his instructing Tepanese occupation problems "involved: Delb solleitor in the matter but hul kong gates white how report to their (Mr. Bernacchi) could
The Chief Justice, Sir Gerard governmenta
judgment 3 "40. Take
on the tow ave of the views expart of the oppailaht would
her possess present at these moetings when have been more seemly Rome antileung, the policies they months ago, indeed some years, send/to" follow at the "wylew
the prog
•FORD, thai? They may feel that thischener not "bit
to the
This was £314,000 more than the loss = Incurred. Last year,
report published today,
Mail Notices
The, Intest times' of' posting
deserves and needed - more. time.
"Ho
has mado a similement, said the police-omeen in sch It was at the London talks that of the case, to Mr P. H. Powell, refiszered cartspondeo posted the Anglo-French disarmament bort of m
plan was pub forward¦‚ and ot "Betog
correziondence
M G.P.0,” Hongkong.......... The lates porting times almakers which, En gusarai, zes skiller than the G.P.0. "Umms can ba, ascertained by enquiry at the local oxies,
The latest postina - dimes for registered: articles, Aru generally- one hour earlier than the times, shown below. Particulars regarde tog parčni malte can be ascertaini ed by enquiry at any post office......
THURSDAY, OCTOBER 14. By Air Philippines _ _North Borneo, # pm By BerfacO Maowo, B. p.m.
FRIDAY, OCTOBER 15 By Air Philippines, "AID
of money first rejected by the Soviet decided to malce some for
D Union. But was accepted as a by the following system. basis for further folks by Age Hugh's statement began. Vyshinsky when he spoke in the ended: I've lost the lot, but I General Assembly here on would like to malos rercitution. September 30.
DEEPER, DEEPER
“UGH, A good – Jooltingr
The Political Committees now debsting the Disarmament Com-HUGH
'mission's, report, which includes
year - old. - with, an
the
the Anglo-French plan and a new homent kind of face, as Soviet disarmament plan put
heard statement forward by Mr: Vyshinsky. is married, and har Router
TheLand, Bune, India Dept. Polish Protest
Formon Okinawa, Japan, "Körs.
30 mm.
Caneds. 1 p.m.
United Nations, Oct. 13,
conviction for starting
8
s the off
traightened this
culls and began: 4070
Poland (today protested to the of affair has arisene. Origin
The land, indie, Ceylon. Pakistan, Secretary-General of the Unibed the trouble was that Middle East, Africa, Great Britain & Nations, Mr Dag Hammarskjorld, debt. I took to gambling and,
Anctoneda, Australia and In a letter
Zurope, 6 pɔm.
By Surison'
New Zenland, 6 pm.
25acao, Dem.
Chine People's Republic, 0.30 am. Indo-Chatin, 11 man, la
nat
into debt,”
-made that, abund EFB*w achievement
LADYN MONREE well, 0-2 "But, desper and "déopér Mme Ed piper corraadent His talk:
imposed the Polish
shey, in New Japan, TUB.A... Central and Soulb|wrs made Armorton, 11 am. N
Phillpoles,
Borneo, Moody Polish delegate, Generyk Breck; Mine Wartel who represents the Trybuna, Luduta
compar
Sturd
By Air
Jagnio, USA. snd Canada, 8 a.m.
Japeri, and RUBADE DMS.
By Burtne China, People's Reprablic, 930' misti
scording to the BA anni Red Cross Official
But
Chaliman
Coming Here
{dent of the: Cor
bjon:
WOULD had been restricted by the American qu-
wite thorities to an ass comesponding Itime, and Prousthly tá; the Zwire,zok New,