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CHINA MAIL
JOHN CLARKE'S Kowloon Roads
CASEBOOK
Rough And Tumble
THE
THE Army is currently
using a pleasant photo graph to attract recruits, which at first
TODAY'S HEAVY RAINS
Several parts of Nathan Road in Kowloon were flood- ed to a depth of eight inches as a result of this morning's severe rain and thunder- storm. sight stems
the most seriously affected areas being near to show bronzed young mIN]} engaged in a tribal dance at Boundary Street, Waterloo the Mongkok the sett's edge. The peture Road and
captioned: Rougi and¦ police station. tumble under a sunshine sky --this is how the modern Army keeps fit and full of
beans.
1 kca
A young man presented he gel at a nation Feeranking oillee in the early tions of the othe
as through have bee Togh-uh-tumbu undies the dark with the com
he night
enjoying!
i
vently
inned tngth of
Royal Army
1214 Patie Pay-wal Training
RID BROTHER
HS clubes
his bar place anti
ffic there
were dishevellest, flopped all over the ties showed here He was full of beer.
Pedestriana walked in their bare feet with trousers
rolled above the knees, or else gave
up the effort to keep diy nyth walked through the fluorleri roads up to knee depth
Sericus flooding
en from the Waterlo Road null h Homuntia which overflowed near the railway bridge.
The Royal Observatory re- ported thin rainfall during the 24-hour period ended #000 today totalled 4.53 inches.
The heaviest downpour was between 9 and 10 nm. today when 1.4 Inches Were gistered.
A party of chiltren playing in back yard of the squatter fehut in the Shaukiwan ditrie: vestersiny afternoon mempet when part of the hill- Injury side fell in and filled up ar
sighty damaging
not beans, and he was hammary - ing on the drop of the rverulling office
though 1:4
his dependent 4,son adinitaner
Someone opened the din "Wannas
my kid brother,"
ed. Hi 21:1 Tel. "Not leaving Jere i seen the kid brother. hes shouted,
young
naine was
"You'd better be getting home. the men wher hard opened
Cum.
the cop advised, and gently bin firmly shut the door ugain
PRESSING REMAND
Tet out the night-tell then,
pressed Dressing.
262446
kept Again he was told to but he would mo, fiona see the kirt brother." le erira.
Bo away,
esn't
Your kid brother Want to you." he was Råd "He's in bed, like you should be.
now go away.".
the
Ted attached himself t night-bell ugain, and continued ius pressing
police arcivil,
demand until the
Ted was put into a police-van. and all the way to the station, he fought everyone in sight the wis chargeri with belog
drunk and disorders, and when the charge was read out to him,
with De answerert
n shumt "Rule Britannia,"
DREAMLIKE
ol
# <"117. and ho
The story Was fold To Sir Laurence Dunne.
yan. wolf.
HUNGROM HARD. BIT
In the Hungtam Huikeley Street was
Established 1349
WEDNESDAY, AUGUST 3. 1955.
SHEAFFER'S
Skrip
Flooded Full Court Judgment In Doctor's Appeal Against Rape Conviction
A car gingerly moves through a flooded street in the Mongkok district this morning. Staff Photographer.
One Appeal Out Of Eight Succeeds
The only successful criminal appeal out of eight aistret | brought before the Full Court this morning was that flooded to of a man who wounded his common-law wife with a
pair of scissors during a quarrel.
Many lost their stores of food! kept in compartments under their wooden beds and had
And waters
bur- IL-
a depth of move than 2% keti,
Along the wall
the Kowloon Dorks where squatters
The Acting Chief Justice, Mr Justice T. J. Gould and have built shacks about 500 people were flooded unt of then Pulsne Judge. Mr Justice J. R. Gregg, reduced the four- year sentence passed on Lee Hok-tung by District Judge #imsy homes,
Charles in June to one of three years.
1. admit'ed the charges of The Court found that had at originally is'nded toglary and larceny and his other belongings damaged by the use the sessors. He and the inarka zhout heroin was a blatant woman had a verbal alergationic whteh needed no further in-
rst and then a struggle with vestigation. Is one house at we 741-441 sat on N.
As Lee had a clear cord in the sback The upper bank
i was right to reduce his sen- that was her home. Dat sing
circumstances, Mr child, and raising her bare feettence in the to keep thens clear of the flonel Justice Gould said.
Le said that the women was were formerly his wife, but let him Unfortunately she a year ago. returned to get her clothing and stapped me when I wanted her to ge to the Poller Station to explain why she winled her clothing after having abandoned Shops and businesseN closed with me for over a year," he down and their proprietors were hold the Court. attempting to salve or prottet their damaged property.
Planced mors and taxis abandoned
Squads of PWD workmen are trying to lear drams of mud and sil.
kels of
or
Crown Counsel, Mr Dermot
threatened Rea said that or
the two were
always having quarrels about who money. The appellant did not like to work and used to ank the woman for money.
trade for
hot soup. In Wuhu Str.es the No. buses
ploughed
BLATANT LIE
appellant, As to the second
that instruc- the Court noted tions were given by the District Judge for his wife and children to see the Social Welfare officer. Mr Justice Gould asked Crown this up be- Counsel to follow
been cases there had cluse where tomiles brought before the Couri were not those of the accused at all.
those
the
of
The appeal by Dr Ng Yuk-kin, 50, medical practitioner, against his evidence that this was a good deni conviction on a charge of rape was dismissed by the Full Court in a written judgment delivered this morning.
4
less than the normal effective dose. If, on the other hand, the Jury found at they did not believe the appellant, that, he was deliberately concealing his action, then agune
The Acting Chief Justice, Mr Justice T. J. Gould who read the judgton of inference did riso. The ment said: "We find upon the whole case that the trial was conducted with complete fairness, that there was evidence properly left to the Jury upon which it was open to them to find the appellant guilty, and that the summing-up on law and fact was sufficient. The appeal therefore fails and is dismissed."
Dr Ng was found guilty at his re-trial of the eflcnct against Tim Shun, 25, spluster, at his elinle In Nathan Road, on August 28, 1934, and was ten- lenced to five years on May 3 by
Mr Justice James Wicks. He appealed against conviction and the Full Court reserved its decision on July 6.
WILS
dinary meaning Import a complete, prepared and discretion. As to the machinery, we canrider this was provided by the Full Court's order for a new trini, and ordering the appellant to be
manded in custody for trial and xing a date and time tone week later) for the trial. As a matter of interpretation this could only mean trial upon the same indictment. The order was pronounced in open couri in the presence of the appellant, and the fact that it was not drawn up (there being no requirement to that effect to the Criminal Appeal Rules) is not materia), The authorities the purpose of quoted to us for
upon ccnviction an showing that indictment is 'exhausted cannot, in our opinion, have any application where there in speciße statutory authority to order n new trial, and where, at in the present case, an order pursuant to that authority hos in fact been made.
At his first trial Dr Ng wIS convicted and sentenced to five years by Mr Justice C.W. Reece on December, 1954. He appeal ed against that conviction and the Full
18 Court on Apri quashed the conviction and ordered a new trial.
The sentence of five yearz
10 ondered
ать begin
THIRD CHALLENGE January 1, 1935.
"The third challenge to the Juria- Mr Oswald Cheung (for Mriction, that the Trial Judge had Brook A. Bernacchi who Ls
been member of the Full Court ardering the new trini, is without away on Home leave), instruct- substance, The Andings of fact tri
Mr M.
A. da Silva, re ed by
the new fetal were entirely a matter presented the appellant, Dr Ng. for the Jury and there is not the
alightest suggestion that in his direc Appearing for the Crown was
tion to the Jury, the Trial Judge at anything which was not based upon evidence given tria).
Mr Desmond Мауле, Acting
Senier Crown Counsel. He was assisted by Del. Insp. W. Watson.
The Court
room was nearly
filled to capacity this morning. Police ofeers were posted out- side its doors, along corridors and at the main entrance to the building,
at the new
"The second ground of appeal is that the new fidal WIDE regulor and unjust in that it was impossible at that age to obtain on unpre
approach to this problem, but we do have done so. It was aimere mat-
Judge might perhaps havo jin- proved his rumming-up by giving some axistance to the Jury, in their not think it essenstal that he should
ter of common menso which the Jury had been reportedly invited to uro. The case as a whole felt to be determined in our opinion upon the Jury's consideration of direct gave the injections. evidence and upon their assessmont, The nurse said that the two syringes of the credibility of the witneRRES; were already prepared when the
the part played by purely circum- came into the consulting room, Thetantial evidence was so small that. 1 there was room at all for the confiles was left to the Jury to re- solve. The Trial Judge then gave type of direction contended for by the Jury an accurate minary et
Counsel, its absenco could cause no the expert evidence in the subject Pusable miscarriage of justice, of the effect of this drug, including
"Wa And upon the whole case that the size of an effective dose, and
the trial was conducted with com the time which would
that there normally plete fairness, clapse before I look effect. (There ovidence properly left to the Jury was one sli when the journe
upon which it was open to them to Binu i oppollant guilly, and that *maximum effective dose was used
the summing-up, on law, and fact where obviously ninumuni effective động wua 159Grd).
was sufficient. "îbe appeal therefore › fall and la dismissed?"
THE THIE ELEMENT "He reminded the Jury that the average dose as a painkiller SAʼSIN 73 to 100 miligrams and that z ce was a mail dose and would have little effect: that administered intra- muscularly M_takes effect in 12 to 18 minutes. There was no
elent evidence
W
from the complainant of the laose of time between the in- jections and when she and the ast pellant showed her the tablet but It was put to her that in the Magie- tracy she had said fourteen seconds, The Jury were seminded that th Ozorto, the expect witness, had been
comider evidence of asked to parnly after fourteen seconds and Bald that it was in no way, con Fistent with intra-muscular injection. The Lime cloment was emphasised by the Trad Judge, and upon this
rection it was surely competen for the Jury to conclude for them- selves that pothidine could not have taken effect by the time camal knowledge
effected. If the Judicrd vordiet in Hongkong. In estimate of time attributed to the ayaport of this ground, the Solicitor complainant were accepted as being approaching actuailty, for the appellant Bled an affidavity where
We do not consider that it was in- stating that many threatening letters had been rocaved by himself and unbent upon the Tetal Judge to
express his own opinion. Counsel and that threatening crowds
→Exception was also taken to the had gathered in the vicinity of the
===Lớn on this question in that Magistate's Court during committal
it left it open for the Jury to con- proceedings and around the appel
drd Fullan's home while he was on batt, rider
ponibilty of a Pollen protection haal heers given. It having had some effect upon the has out been shown, and we regard complamánt's ribsequent conduct -- it as extremely unlikely, that those upon her failure to make a com. crowds ware composed of people of plaint. Open consideration of the the clam from which
Jurors expert evidence that the drug pethi were drawn, and while, there is no dine is uncertain and that while its doubt that the case achieved reat general effect is to relieve pain and relax it can cause vilght confusion that the
And in awentally dull patient might the appeal comprised the Acting reason at all to believe
members of the Jury were in any retard the mental faculties," we do Chief Justice, Mr Justice J.
way swayed by prejudice from the not consider that this reference in Gould, the Acting Senior Pulsne duty imposed by their paths. There the summing up was unjustified. 11 termia couched in restrained Judge, Mr Justice J. R. Gregg, of course no existing enactment under which the trial could have
and reference to the part played by and the Acting Pulsne Judge, boen hold elsewhere than in long-a drug was followed on each oc Mr Justice A. D. Scholes, This kong,
carlon by the phrase, “If ́any".
SHOWS NO EMOTION Dr Ng received the Court's decision without emo- tlon Ho war escorted out the Courtroom by a European Prison officer and a Chinese
Jo
the
vardul Court which heard | notoriety, there is in our opinion no
The
T
WAR
the
Il
morning the Court sat withouround 3 in the Notice of Appeal was clearly left as a matter for the relates to the Trial Judge's direction Jury who were again reminded of Mr Justice Scholes, The Chief wilt refervrice to the onus of proof:
the prescription which contained the Justice said that the judgment he gave the wellknown direction as entry of what purported to be the had been signed by both Mr to proof beyond reasonable doubt. dosage 2 c.e. Justice Gregg and Mr Justice Scholes
FINAL SUTIMIASION "The last ground of appeal to be Bumming-up discumed is at the
Was
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general, aro sazifer than th G.PO. mes can be ascertained by enquiry at the local mes.
The test porting times for registered articles are generally ane hour earlier than tise timer shown bolew. Particulars regard- 10 parcel mails can be ancore. lained þy enquiry stƐany post ança.
WEDNESDAY, AUGUST 3 By Att Indo-Cluna, 6 p.m. Formans, B.8.A., & p.m. Thailand,
India, Pakistan, Middle
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Japan, & p.m.
By Surface Macao. 6 p.in.
THURSDAY, AUGUST 4 By Alt Malaya, 11 am. Cuam, Hawali, U.S.A.. 2 p.m. Philippines.
Australia, New Zea land, 2 p.m.
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By surfact China, People's Republic, 0.30 am. Malaya, West Australia, P/P via Fremantle, Noon. Macao, 2 p.m. Масла, 0 р.т.
Radio Hongkong
H.K.T.
U. Time Signal and Programme Summary: 0.03, Lucky Dip Variety Request presented by Joani (Gradio); 7. More Autoblographical Talks by SL John Ervine. No. 1: "On Be coming An Author" (3BCTS); TID, "The Magpies" Music and song by men from HMS "Newonsile" "Re- corded): 7.30, Operetta Highlights played by Morton Gould & his Orchestra: 7.50, Weather Report, B. Time Signal and the News (London Commentary. (London
While in R. v. Suminers, 39 C.A.R. || 14 it was mid that it was better to avoid this phrase and direct the Jury that the evidence must entisfy At the conclusion of the read-
'so that they can Loel sure when contamed no adequate direction on ing
of the 11-page judgment returning a verdict of guilty, wo do circumstantial evidence. It was com which occupied 22 minutes, Mr not think that the use of the earlier tended that there should have been torm of direction can be made a soma warninng such as is set out Cheung asked on behalf of the basis for appeal, unions of course it as Rule 4 Page-320 Will's on Circumstantial Evidence (71 Ed- appellam that the Court order is framed is a way which is mis-
Special Announcementa; We do not consider that tion); the sentence to date back to the leading
8.18, Music of the Twentieth Cor to be the case lo here.
In order to justify the inference date of the conviction by
the "Ground
An Entertainment by Bir relates
tury. to the of guilt. The meillpatory facts must
William Walton; &, Timo žigoat, 3.
direction concerning divergences be- be incompatible with the innocence Bacital by Chiu Yee-ba (piano) and The Chief Justice said that tween the evidence of the com- of the accused, and incapable of ex-Cheng Chile-pul
(violin) re-Trial Judge on May
(Солость the plainant in the committal proceed planation upon any other reasonable Hall 030, Wednesday
ngs and in the Court of trial. We hypothesis than that of his guilt it to World's End Adopted by
sentenced to five years and six when senteneings that think there is nothing in this ground This to the fundamental rule. the
in
in a must have had this
case
Two other appeals in which the Fu Court held that FEW hours later. Tvd
sentences passed were fale in the circumstances were He appeared at Bow Street.
Cheng Yu-mm, sentenced to six wafted into the dock like a ma
Many of the squatters,
on in dream who dreams he has
cook on charcoal braziers it
years by Mr Justice Scholes for himself Just picker
up after
arson in June, and Ho Tin-chol, side their hunits, were unable to falling down pleaded not guilty to the charge cook in coder kitchen spaces,
Atrokes by
by District Judge Charles or to light their solen fuel.
with for robbery #gainst him.
There was roaring tra
The Full Court refused to
aggravation. travelling vendors carrying buc- alter the sentence of three and
Mr Justice Could reminded a half years passet by District Cheng that what he did might Judge Reynolds on an Song
the lives have Imperiled hrough more and Chan Kau who pleaded many people. The fire he started charges of burglary could have been an extremely than a foot of water, spraying gullly to crowds of children who took the and larceny.
serious one and it was fortunate up the
opportunity for a muddy shower. Lam declared that he had in that the outcome was no more In the street,
structed his solleltor to dream, and nding it none too
plead!
that grave
1 WDS. One child attempted to "I may have been drunk,
suil guilly only to smoking heroin, easy,
To Ho who claimed that he but I had 'nuff some to see what
down the street in a box, carry- but the Court told him that the only stole and did not rob, Mr The application was granted | Jury was perverse and agamat the examination on the 27th. One In- ing an umbrella,
records etently showed that
he Justice Gould noted that the and the Chiet Justice ondered weight of evidence. As it appears
to us the case was omentally one knowledge in contempladon; his ex- offence took place at night and that the time appellant spent for a Jury, who alone were in the pianation was that He wished to I was accomplished by a number in custody was to run as part of people who used three deg-] of his sentence. gera.
He also had a previous conviction for theft, he added.
WLA
"What do you want to say?" the chief inugistrate asked Ted. when the story
done Wasn't me kid brother, anyway," Ted said, trying to pick of an earlier
thrends
I wanted to sze."
BETTER NOW
"You give me the impression
of
trot
being entirely sober now, sald Sir Laurence. "Tell me, do you work?"
"Doctor told me not to work;" Ted answer. "But you gotta live,"
He is a barman," the police». ninn put in.
1 think we'd better have a look at you later in the day," said Sir Laurice to Ted.
If
this is just drack wearing off, it's all right. Il not, we'd beiter have ព doctor run the rule over
you."
Ted
It was late afterincon before rallied sufficiently 10 Brought back.
bo
"Well, how do 3u feel?" asked Sr Laurence, a femily
physician night who can
DOO
foot the treatment he piercribed
was the right one,
"Feci all right now." sald Ted, sheepishly, and indeed he looked
a new mon.
"Pay
104."
magistrate.
sald the chief
"Yes, sir," old Ted, and he toped amfibly away, fit and full, of beans rgain, under the sun- shine sky.
13 FISHERMEN
DROWNED
Rio de Janeiro, Aug. 2, Thirteen merabern of the crew of the Brazilian debing bont Life Warriot were drown- ed today when the ship broke up in heavy pens outside, the entrance to. Rio Harbour, <--- United Press.
SIDE GLANCES
пробвал 6179.
11. VA. PALON, ten. 1953 My Marvan,
By Galbraith
"I told the boan we named the baby after him-{{# just grunted!"
S CONVICTIONS
re-Trial Judge had the sentence date from January the Jury and wages in lion 1. Ке added that the Court did
extracted from the depositions and not think appellant should suffer
from the whole course of the trial, the addresses of Counsel and the because he had been tried twice
the Mumming-up and was prepared to order of
Ethe
then reviewed Judgment sentence to start from. January aspect of the matter well in mind." much of the evidence given at the trial and they continued; no:
NOT PERVERSE VERDICT "Upon this evidence, we find it impossible to say, as we have been, asked to do, that the verdict of the
The Full Court also refused the appent. of Liu Hol-kwong who asked for a reduction of the sentence of five years and hine strokes passed on him by Dis trict Judge Charles for burglary and resisting arrest. Liu asked for an carller chance to reform, declared Mr Justice Gould that besides having five previous convictions for similar offences. find assaulted, the people he was robbing when caught in the not. In one case the victim was wounded fairly severely.
Two appellants, Wong Ping and Tam Jatan, contesting their con- viction asked for a retrial, but were refused
Wong was given two and a half yours by District Judge Scholes in May for larceny from the person, He alleged that the evidence against him was false and that he signed a statement to the Poller, under duress.
Tam, sentenced to five years and six strokes by District Judge Cheries for wounding with intent, claimed that the evidenco against him was
contradict Court told them that it
The Full
was not for them to disturb a fnd- ing on the facts, the trial Judge in
each card having found them guilty
on the evidence.
Air Justice Gould said that in the Case of Tam se trial Judgo had noted that the crime was obviously premeditated; committed in amovia» Son with at least two other people; victed of a Dimilar erims and had
that previously Tam had been cons
not learni his lesson from the sens tance, then imposed;, that that, sort of crime was prevalent. In auch circumstances the Court was antiated Cilat the appellant was properly convicted and punified, Mr Justice Gould added,
1.
Mr Cheung sald he was familiar with the procedure and applied for the sentence to start from January 1.
'THE JUDGMENT The Full Court judgment read in part:
raporte and effect of clectumstast with them typed which
uni evidence must be estimated.
"This of course is good low and good sense, but it does not follow that
like the prevent which turns almost entirely upon direct evidence that such a direction | must, be given in relation to possible inferences arising from parte ihereof. Take, for example, the fact that the appellant asked Tam Tim to leave the consulting room on the 280 while he had permitted Wong Yeessum to remain throughout the
to the appellant was to oblain
ference that he already had carnal
codes
Telay 4.00
Theatre
longis Stage Club by Janet
Hey Kowal from the short story. of Kersh. for the
Tomblin, Cont: "Peter Johrs Gospelm Robert Fearnley-Whittingstall; Betty Gospel-Audrey Mendes: Belcher Leers_Shepperdam; Hoxy. Ford- Jean Turner: Mrs Obecot--Prudence. Rowe Evans: Captain Shirley-Gian Armstrong, Mr "Bond-Dreda Hol-
Mendes mo Jonery - Audiney Policeman-Noel de Guingand: 10.15 Halle Orchestra cond. by Sir, John Barbiroll; 10.30, Ithirthm end Romance: 10.59, Washer Report; i, Time Signat. Radio News, Ree (London. Rely); 34.09, Goodnight Music. God Save The Queen: 11 30, - Close down,
REDIFFUSION:
B. Children's Corner-conducted by Auntis Val; 8.30, Wednesday Querl)—–presented by Botty; - ́926. Birthday Mailbag:
0.30. Cocktail Hour: 7,· Personality Parade-Martha Raye; mið, Frimo“- Scala and his Accordion Bend; 7.30. Concert, Favourlies; 5. Tuma Bimai. and the Newa (Loridon Relay): 8,00,- Weather report, announcements" and Interlude: 8.30, - Honky-tarik
Plano: 8.30. Diamond Music Show the latest
popular mundo: D Adventures of Mateo-starring Ani ̈* Bother; 0,50,
Forces Quiz; 10, Battle Castle; 1015, Felix King, bis
spire the complainant embərrrAN- best position to Judge between the comparative credibility of com-
ment. Again, there is the know- plainant and appellant. No sub-ledged fact that the appellant told A series of Wes to the polles and others de to wint had happened on the zith. One inference is that ha was attempting to conceal guilt; his explanation was that he was alcald of being rude off the medical re gister the admitted interconewa. In each of these
the Jury would come to their conclusions not only in the light of the com parative inherent probability of the Inferences and explanations bit atro in the light of their view of the credibility of the particular witneRA (in these instances, this appellant) filhøred over the whole of fils evi- i piano and his orchestra: 1030, The dence. If they find themselves, on' Hour of Charm-eaturing this basis, unable to accept on, ex- Hpitalny All-Girl Orchestra and planation, they are entitled to re. Choir: 11, Date with Dreamland
featuring the Emile Coto BingeTE: 11.30, Prelude to Midnight-popular concert favouritas; 14 mld.. "Qod Save the Queen!": Close Down
mussion was made at the clow of the Crown's case that there was to case to answer and no complaint has been made concerning Uie warning The appellant was convicted by a to the Jury on the subject of Jury on flis 3rd May, 1935, of the curroboration in the mumming-up. crime of rupo. He had previously There was in fict' ample corrobora- been convicted of that offence upon tion of the complainant's general the same indictment but upon (sp- story that the purpose of her visits peal the Full Court quealed that conviction and ordered a new trial medical treatment for pain in the under power conferred by Section | stomach, or abdomen. There is some 83 (3) of the Criminal Procedure Ordinance (Cap. 23). The con- viction of the 3rd May, 1908, war consequent upon the new trial and from it it appeal is brought,
"The first ground in the notice of appeal alleged inck of jurisdiction in the Trial Judre on three grounds: (a) That the Full Court order dar a casa, tedal was ultra vires; (b) (as amended) That thore was no machinery provided for the opera- tion of such an order; and (c) That the Trial Judge had been a member of the Full Court which ordered the ra-triot.
None of these grounds appear to have any validity,
“HA# to (0), this Court cannot sit as a court of appeal from its former orders and has no power to review or declare them void. Tilas con be done only by Her Majesty's Privy Council. "That being so it is not strictly necessary for us to express an opinion upon the construction of Section 82 (3) of the Criminal Pro- cedure Ordinance contended for by Counsel for. the appellant. subsection is, as follows:
corroberation of the complainant's version of the sequence of agenta ies the censulting room on the 28th to be found in the nurse evidence If the Jury thought it to accent la. The absence of corroboration gong to cor.weest in the particular period
Ject it as folko on the 20th after the nurme left the
"This is evaluation of divert consulting room the third time was
tstumony and covered by the WURİ potret out to the Jury; they were
that the. Jury or the told also that the false statements directions made by the appellant went, not Judges of the facks, to be decided to corroboranton, but to credibaity; upon the evidence. As is the second There was in our opinion a muz of the two instances quoted above Ralency of evidence to support the the Trial Judge save a full direc- ventiot of the Jury and we find that on upon the appellant'a · explana- there is no substance in this groundtion of Big Lale sistements and fold at nepool.
the Jury they, avast make up, their
"With eno exception, the remain-minds upon # as evidence in the ing rounds of appent consist of lease. Course contended that a dir- criticism of the Trial Judge'section of the type under discusion been given in reis method of dealing with the evidence should have
drug tion to the question of a drug concerning the use of the bethidine, It was claimed in the whether it was administered for
purpose or with Krounds of appeal that, "The learned purely medical
en ulterior motivé.
There; ogni ra-Trial_Judge (n) wrongly left to more was nitaty of direct evidence. the Jury the inue as to the come he repellant and the nurse both plainant having been drugged
Farewell Presentation
Commodore
Phil
A. H. Thorold OBE, DSC, was this morning presented with a Ronson table.
the committee: and lighter by members of the Royal Naval Dockyard Athletic Association,
The lighter which
Pre
We are unable to see that the Tristaid that pethidine was used, fre Judge could have withdrawn the medendi pallot's normal stated by Mr W. D. Webb,...
practice. Thath wapo Chairman of the Association was avidence of the Injection of challenge to the evidenies that tha (3) The Full Court may, 15 $1 ali
a farowell present to the Corn- pethidine from the Jury's consideré-appeliont prepared the prescriptions | Vod lowe an appeal, ageiṇat iconviction Lion, even if he find wished to do for the two dogs in question, vecmodore who is shortly leaving quart Judgment adverso. It was admissible evidence and instar purporting to show the the direct verdict af part of the ren gesinn, What the quantities acquitial to be entered or order a Judge did was to tell the Jury that new trial.".
it was for, them to make up (their'
• "Counsel submitted that theminde as to the part, if any, played words should be construed au 1:nit.
colony.
Commodore Thorold has been. President POSSIDIE, POINT " ** "A posible point arisés out of the since the Association, started, conniet between the nurm and, the:) At", "the möme' time! Com ing the power to order new trik by die Hausen referred to the appellant as to who filed the modore Thorold presented the
evidence ar to the quantity
mysine on the going If the Jury, Associatiosi, sýlth picture! to those casen; in' whichs*4"Vania'de | ministered which was brief, -con-
arcented the appellania version they? hovd buuja" have been ordened, mi disting of the prescription showing would accept that only 1/2 or, was himself, which is to be framed, angland MAC construction 1/8 s. of palaidine on the administered there (Was," expert and hung in the club housc which, so far ao wa wenawiew, has || and the connicting-evidence of the not previously been urged upon the appellant and the nurse as to wha | Court and we think we should may that we do not accept it so correct! the words of the section are clear „and: stammbiguous and in their For
filled. The two syringes on that day. Printed and published by: UnILIÁM HALÁTOKA GRINHAM," for The appellant said he told the our
to Rive Vitamin 161. end and on behalf of Bouth China Morning Post Limited,at 41-3 pethidine 3.co. and that the muse | Wyndham Street, City of Victoria, in the Colony, KE Hongkong.