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THE HONGKONG DAILY – PRESS,

WOPING THEATRE TRAGEDY, A constable who was in the theatre;

MAGISTERIAL INVESTIGATION

OPENED.

YOUNG ACTOR'S DRAMATIC EVIDENCE

must

tion would be apparent to the person who fired it and might account for his willingness to discard a useless and in criminating weapon.

THEATRE CANNOT BE BURGI ED.

HUESNAYABAUGUST, 205, 15

MONEYLENDARS RESTRIC

TIONS.

MAGISTRATE DELIDES IT IS NOT A BUSINESS ONLY AT REGISTERED

DWELLING.

The discussion of the defects of the

ADDRESS.

further reference was made to a case in which two Indians borrowed & con- siderable sum from a moneylender, on a promissory note signed at the Repulse Bay Hotel

pursued the defendant and would way that he never lost sight of his man, Just outside the exit he saw the man throw down a white long cont and heard

Before the Puisas Judge (Mr. J.-B. something beavy drop. Thero, a few minutes later, white coat, and Larceny, Ordinance of 1803-which cen-Wood), in the Summary Court, yesterday,

The pistel tred round a charge of breaking and mauser pistol were found.

entering the Talyst Theatre Yaumat The trial was begun, before Mr. Lind had jammed, in a manner that an extringed in Bit. Lindsell's court mall, at the Magistracy, yesterday afterport witness would describe; ith condi-it the Magistracy, yesterday morning. noon, of Yeung Ro, charged with the murder of Li Siu Fan, an actor, at 16.30 p.m., ou August 10th at the Wo

ping Theatre, Des Voeux Road..

bave been The tragedy witnessed by hundreds of people, but the difficulty was to find people who were able to give a connected, and ooherent account of the affair. Witnesses when giving evidence, moreover, very often do not mention important points about which they seemed certain during preliminary investigations by the police Perhaps they do not feel certain enough about some of their statements to repeat them on oath, and, of course, in fairness to a man on trial for his life and, as in this case, undefended, witnesses cannot be in any way led" in the course of their examination.

There was a Chinese lady, in the front row of the stalls; "the man in the white long coat, mentioned by all the wit- nesses, icunt have been practically stand ing on her toes as he stood, between the front row of stalls and the stage and shop the actor. Yet she had the haziest notions Her ideas were of what had happened. so confused, possibly from nervousness, that the Court could not make out whe- ther she was in the third seat of the front row or the first seat of the third row; and whether it was right or left of the gangway. The point was only clear- ed up by asking her to go and sit in the public benches of the Court in the same relative position that she occupied, in the theatre!

It is the duty of a free and progressita people to consider from time to time how far and in what direction its old institutione require mudification to adapt them to the changing conditions of modern life, and I am glad therefore to learn that the Chief Pleas of Berk, in consultation with my Lieutenant- of Guernsey, have Governor of the Hailiwick recently had under consideration this question of reform in the législative and executive system of Sark. I trust that these delibera tions may shortly result in measures which will breathe new life and rigour into the ancient constitution of the island and increass the happiness and well-being of any faithful subjects in Sark,"

H.M. KING GEORGE V.

The best witness of the day, was one called at the end of the proceedings-a lad being trained as an actor and evidently making good progress, judging by the clearness of his enunciation and marked histrionic ability. The boy was 18 years of age but the toil and excite ment of stage life made him look a good deal older. He told the Magistrate that he was on the stage, sitting at a table, at the time of the tragedy.

What were you doing?" he was asked.

Mr. Hazlerigg mentioned a curious circumstance. After the crime, another mauser pistol was found in the theatre, some distance from the place where the

man in the white long coat" was standing. This weapon" contained eight live cartridges, in the magazine, but it had not been discharged since last clean- ed,This weapon may have been dis- carded by some person who feared: a search by the police. It obviously, said Mr. Hazlerigg, has nothing to do

with the présent crime.”

THE EVIDENCE.

THE DEAD ACTOR'S INJURIES.

Mr. G. E. Hall Bratton (for the

Holding that the transaction was void prosecution) unable to find mention of a place of amusement in the Ordinance under the section of the Moneylenders connection with breaking and Ordinance providing that a moneylendar Patering sought to bring a picture must carry on his business at his regis theatre within the definition of a dwell-tered office, the Putine Judge entered ing house.

judgment for the borrowers, with costs. The Magiftrate: The question is wher. G. B. Haywood, for the plaintiff, ther a theatre can possibly be inchided (the moneylender) applied for permission to call evidence which, he said, though dwelling. Mr. Brutton: And about the winayailable on the date of the hearing, he had not thought necessary to call then. downl

The Magistance Of Lianas tied on The evidence irus that both defendants It was shit and even although not were well acquainted with plantin, as preliminary negotiations at all events bolted that is sufficient to bring it within registered moneylender, and that the the meaning of "breaking,'

had taken place at the registered ad-

in

Mr. Brutton quoted a case of a permans ent building fair used once a year for dress a week only. The temporary occupants were robbed and it was held to be bur-Longinotto (for the defendants) gian. In a case originating from Queen said he opposed the application. The Street, Cheapside, it had been held that plaintiff had every opportunity to call the presence of watchazon, only, constitute premises

сле

nedwelling

2

these witnesses if he wished.

His Honour: I do not think I can

allow you to call evidence, Mr. Hay- wood

did not In the of the Taiyat other employes than watchman slept in the theatre. The Dr. W. B. A. Moore, medical officer in

servant's quarters, across the road, accom Mr. Haywood: Then I would ask you charge of the Government Civil Hospital, medated six out of nine employé, the to note my objection as this case is probably going higher. I submit I am said that at 9.45 p.m., on August. 16th, others slept in the theatre. a Chinese was brought to hospital by

The Public Health and entitled to call evidence.

I do not propose to He was unconscious,

Ordinance,

1903, at p. 1474, said: Eis. Honour: Inspector Field.

Domestic building means any build hear any more evidence. I shall review and bad a bullet wound in the lower hall of the front of the neck. He died about ing constructed, used or adapted to be the judgment on the record as it now 15 minutes after admission. The follow-used, wholly or partly, for human habila stands. ing morning, he was identified by his tion, but does not include any building fellow-actors as Li Siu Fan. A post where caretakers only, not exceeding two "Mr. Brutton mortem examination showed that the in number pass the night. bullet had entered the lower part of the submitted that this clausa brought the neck, slightly, to the left of the middle theatre, since people slept theres within line, had passed through the windpipe, the definition of a dwelling. and bad fractured the seventh cervical vertebrae, injuring the spinal cords, and had come to rest in the muscles of the back of the neck at the right of the Witness removed the bullet, backbone. which he now identified. Death was due to injury of the spinal cord caused by the bullet.

MF. C. Neville, surveyor in the Public Works Department, put in place of the Woping Theatre and neighbour hood, made from measurements taken by

him.

EXPERT ON THE PISTOL

Mr. G. W. Avenell, of Messrs. Lane, Crawford & Co., said he had had 28 years' experience of firearms, and was well acquainted with the Maaser pistol mechanism. He examined the pistol: the interior of the barrel was slightly cor roded. It certainly fiad been fred since it was last cleaned. The fat on the top of the barrel had been filed away, just above the chamber, and the chamber it self was considerably oniarged. A small portion of the top of the barrel was split. The exploded cartridge shell had expanded in conformity with the shape of the barrel. This would stop the action of the ejector; there would be a jam. That would be noticeable to a person used to firing a pistol. The effect would be that, when it was desired to fire the pistol again, it would not cock. The ammunition in the pistol appeared to have been made by Kynoch's and the bullet was of the same kind as in the other rounds.

He inspected a second pistol on the same date. The inside of the barrel was oily; it had not been fired since it was The ammunition was not of cleaned. the same manufacture as that in the other pistol, though of the calibre.

.

"

same

THE TRAGEDY SEEN FROM THE STALLS.

The Magistrate, however, demurred to a local ordinance being prayed in aid of the common law of burglary.

Mr. Haywood then submitted that it did not make any difference where the transaction was carried out, provided that three things existed: (1) that

tradsaction. #as

isolated the transaction; (2) that the moneylender usually carried out his transactions at his usual address; and, (3) that the de- fendants knew he was a registered money. Mr. Brutton also mentioned cases to lender and came into contact with him show that if a man was found on pres a moneylender and not through his

to explain

address. ises it was "up to him himself; the prosecution was not bound or tauts, and knew his registered to prova felonious intent.

Altor Mr. Haywood had quoted a number of authorities in support of this

contention, his Honour observed: "I have evidence that the transaction took place at the Repulse Bay Hotel."

Mr. Haywood: Only that the note was signed there.

The Magistrate concurred. Then Mr. Brutton claimed that the evidence already heard showed that the defendant, (who was alleged to have dis connected wires in the operating box of the theatre) had. made arrangements to take away"; this meant severance" Mr. Longinotto: You have no evi- and "asportation" (the felonious re-dence before you as to preliminary moval of goods from the place where negotiations. Mr. Longinotto said that they were deposited).

he only admitted that one of the defend- The Magistrate objected that the sugants was well known to the plaintiff and Eestion of taking away" was a new one. In the end, a witness was recalled on this point.

Mr. F. E. Nash (for the defence) also had his say about the dwelling house and picture, theatre question,, and urged that occupation, by the proprietor or occu pic-not his trade servante-was the

essential.

The Magistrate decided that mere siceping on the premises was not sufficient to constitute the picture theatre dwell- ing house. Not being a dwelling house, it was impossible to commit a burglary therein. The defendant must be dis charged.

over

Was

A request that the defendant should be bound

to keep the peace declined.

Mr. Nash: It is an attempt to prevent a malicious prosecution which is coming forward.

WEEK END BURGLARIES "A CONSIDERABLE. LIST. --

Several burglaries were reported to the police during the work end.

proceeded to quote authorities in sup port of his contention that the plaintiff had no claim, the transaction having been effected away from his registered office.

His Honour intimated that he would adjourn the case to consider the author ties quoted by both sides and would deliver judgment later.

BATHING" THIEF NUISANCE. NOT EVEN THE STOCKS SAFE. Another bathing thief was before. Mr. G. N. Orme, at the Magistracy, on Saturday.

Inspector Appleton, explained that, Very often, the thieves went into the water and pretended to bathe, but all the time they were on the look out for an opportunity of riffing the cubicles. On Saturday a man had been sentenced And given four hours' stocks for a similar offence and he suggested that this was a case for stocks too.

The Magistrate: You had better keep! the stocks down there ready..

would Mrs. Milne, of. No. 1, Peace. Avenue,

They Inspector Appleton: The boy struck an attitude; elbow on

Tso Kwan, a member of the audience, Homuntin, lost from her bed-room during stead the stocks then, your Worship! the witness-box ledge and hand to head,

After ho bad been sentenced to three look of deep thoughtfulness on his face; said she was a married woman, residing the night of Saturday and Sunday, cloth

Oning and money to the value of $87. She months' imprisonment, with four hours' for all the world like someone's "Por temporarily at 177, Third Street.

That was his the night of the 18th August she was at suspects that the thief gained admittance in the stocks,, the man still protested trait of a. Statesman." pose on the stage at that moment, one the Woping Theatre with her daughter. to the room by climbing to the verandah that he was innocent. Then you will

They had sente in the front row of the and entering through an open window.

have the satisfaction of going to jail with gathered.

A. A Crestejo, of No. 3, Yinwaha clear conscience," ironically remarked stalls, near the centre gangway. A man You were quite in the lime light, in a white long coat stood between the Terrace, had stolen from the pocket, of the Magistrate. e?" said the Magistrate, smiling kindly stalls and the stage, near her, facing his coat, which was hanging from a peg

X

the stage. He put out his hand within his bed-room, during Friday night or

This attitude of the boy's was so im portant that he had to do it again, back to the Magistrate, that its full significance might be noted.

AN ACTOE'S STORY.

".. "

Mr.

THE WORLD THEATRE.

In similar pantomine the boy showed something in it--she could not see what the early morning of Saturday, $48 in the attitude of "the man in the white it was. She heard a shot fired; there notes.

During Saturday night, M Burden, of The management of the World Theatre long coat, standing below the stage, was a commotion, and the man in the No. 6, Naval Terrace, had stolen from his have secured the sole rights for South just before the tragedy. This, again, white long coat passed by her to the

China for exhibiting the exciting and was most realistic; in the boy's attitude exit. He walked away. She saw one of bed-room a naval blanket, worth 810.

A Chinese, living at No. 4, Tung Wah interesting film depicting the great one saw portrayed the grim gure, the actors collapse. She could not iden Lane, awoke about 5 o'clock, on Saturday Dempsey-Carpentier Fight, which took hand at hip, watchful, expectant, biding tify the defendant as the man in the leng morning, to and his room in disorder and place on July 2nd, for the world's cham-

clothing, worth $21, missing. He had pionship." his time till the fateful hour should cont; she only saw his beck.

It will be screened next strike,

The defendant, asked if he had any slept with the door of his room unlocked. Friday. The pictures are remarkably Chinese student, living on the first clear. Round by round, the fight is shown questions to put, said "I was not in

Acor of No. 148, Hollywood Road, return and the terrific exchanges, the clever the show at all Later, he said, "I did not murder him; I have no spited from a visit to Canton on Friday after foot work, and the speed and skill dis- played in the content can be clearly against bit."

followed. In the second round, when Carpentier asserts temporary superiority over his opponent, the excitement of the is clearly seen. The third round shows spectators, who rise from their seats, Carpentier obviously tiring and doing his best by a succession of upper-cuts to bring the fight to its climax, but Demp sey's ability to take a huge amount of punishment stand him in good stead and he gives more than he receives. ". The fourth round, which spel defeat for Carpentier, is specially fine. In that round Carpentier goes to the door twice and makes a vain attempt on the second occasion to rise. Dempsey receiving con- gratulations from the vanquished Car- pentier brings the film to a close.

three days absence from the house, and found that his flat had been broken into and clothing worth 828 stolen.

Early yesterday morning, No. 4. Tung Shing Lane, the residence of a Chinese Woman recently arrived from Canton, was broken into and 827 worth of cloth ing stolen.

SPORT.

Then came the dramatic moment of the afternoon. "What happened next?"

Li Pai, an actor in the Chau Fung the boy was asked. He turned his back on his eager audience, resumed his in theatrical company, said the deceas former pose, brought his right handed was a fellow actor. On the night of slowly from his hip, up to his head, then August, 16th, about 8.30 p.m. he was down, his index finger pointing forward standing at the back of the stage, on It was the east side, peeping out from behind at a level with his eyes. superbly natural,the action of the curtain. He noticed a man, dressed skilled marksman who takes steady, in a white long cost, standing in front deliberate aim, and shoots to kill. of the stalls, looking towards the stage.. Again, one saw the scene re-enacted, Then his attention was transferred to with life-like realism, and a thrill the actors; the deceased and another passed through the throng of Chinese at man were on the stage together. He the back of the Court. They nudged one heard a report of a pistol shot and saw another; anxious that no detail of this the man in the white long coat making He could not say, where dramatic representation should be miss off, running.

the report came from. He saw no other శడి.

To Mr. Hazlerigg, at an earlier stage, percu, except the man in the long soat, fell the task of telling & connected story standing in front of the stalls. He saw the man again, outside the theatre, of the grime. He mentioned that of the under arrest, and again at the police antecedents of the defendant nothing station, next day, and on both ocea 5.15 p.m. .R.0.H.M.8. Tomar; was known; nor whether he had any sions recognised him as the man in the 5.45 p.m., United Athletic Club v. H.M.B. relations with the murdered man. The white long coat and the man whom he Forglove. prosocation was unable to assign, any

The RH.KY.C. have withdrawn and now saw in the dock He noticed him, on the qui the ende for the Crown tested particularly, because he was standing in the Navy have entered teams from H. M.G.

and H.M.B. Foxglove. evidence of eye-witnesses. Mem- bers of the audience would have dificulty such an unsual position, between the

+1

WATER POLO. The League commenced last evening at the V.RO. bath when two games were played.

The firet game RG.A. v. H.M.S. For glove ended in a win for the soldiers by 16 goals to nič,

The second game Club Lusitano v 2/Wiltshires ended in a win for the Club by & goals to nit.

This evening the games are as follows:

The

TINY GIRL COMMUNIST'S BLASPHEMY. Hundreds of Communist children held a meeting in the open place before the Castie, at Berlin, on July 4th. speakers were children aged from ad to 17, who announced that they refused to believe in the swindle of God and The following will represent the United Germany (which

Authority" I het The Timer corrės– nothing andder in identifying the assailant, who would bave had his back towards them The Lam Hung, a boy, kaid he was an in their first League Water Polo match Crown, therefore, relied largely on the apprentice-actor. He gave the account against the Royal Navy, to-day, at pondent), than a tiny girl publicly re peating the blasphemies she had been evidence of members of the theatricst of the tragedy to which reference has 5.30 p.m, sharp- company, the theatre staff and the police been made, above.

A. E. Simmons, G. R. Razaret, G. Ttaught. Some ordinary children who were selling marguerites for a patriotic Amongst them, there were persons who the bearing concluded; it will be resum, May, D. Laing, J. Leonard, E. W: Hail charity ware Bercely opposed by the Com

ton, and 4. Botelho. positively identified the deféndènt,

(munia) repnggiS79.-

stalls and the stage.

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With his evidence,

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