Page
GARRISON SCHOOL
WATCHMAN..
IMPRISONED FOR POSSESSION OF ARMS.
A DEFENCE OF PLANTING.?? At the Magistracy, yesterday after noon, two magistrates-Mr. G. N. Orme and Mr. R. E. Lindsell sat together to thear a charge against an Indian watch named Sultan Shah employed by mac, the military authorities at the Garrison School, of being in unlawful possession of arms.
THE HONGKONG DAILY PRESS, THURSDAY,
SUPREME COURT.
[ARYOKE THE ACTING. CHIEF JUSTICE (HIS
NOT ME. JUSTICE COMPERTZ).]
HONOVI
A SHARE TRANSACTION.
MOTORING ƑANDA CRIME. MAGISTRATE HINTS AT A CONNECTION.
SEPTEMBER 16TH, 1981;
SPORT LAWN BOWLS,
>
SHANGHAI T, LOC
The Shanghai team played, their first
K.C.C., at Kowloon The visitors put in the field a team made up of J. Keefe (1) A. J. Brown (9) D. McAlister (3) and People's minds" and seemed to hint that. Shaw (skip). The K.0.0. team con this unsettled condition had some couriresisted of Hunter (1): Overy (2), Gilson
Mr. S. Greenfold, of 'Queen's Road. / blame the moving pictures for putting match, yesterday, when they, met the
It is not uncatamon of defendants to
into beads thoughts of crime but, at the brought an action against Mr. H. O Best, engineer, of Conduit Road, to re- Magistracy, yesterday, Mr. Orme sug cover $21,544 on a dishonoured cheque.gested that motor car driving "unsettle Mr. FC. Jenkin (instructed by Mr. Lee Longinotto) appeared for the plaintiff. The suit was undefended.
Mr. Jenkin said the defendant gave a cheque to the plaintiff in connection with a deal in Hongkong Dock shares. On June 1st, Best requested Greenfield, to purchase for him 500 Docks for June or
Mr. Leo Longinotto defended. Mr. D. Burlingham, Assistant Super intendent of Police, described raid carried out in the early hours of Septem-ly settlement. The subject of the action was 100 Docks bought on June 1st for ber 8th. Ho went to the Garrison School, settlement on June 29th. accompanied by three Indian police officers. In an outhouse, attached to the school, he found ɓve Indians, sleeping. Tho defendant was one of them; under his pillow were certain keys. The school premises were searched but nothing was A small store-room, near found there.
tion with érimes of fraud.
(2) and McMurtrie.(skip).
The defendant, Stephen Kong. A very interesting "game ended in English-speaking Chinese; employed. by score of Shanghai, 20: K.C.C., 21. the Dragon Garage as a chauffeur and occasional clerk was charged with embezzlement of part of the sum paid by a customer for motor-car hire.
Mr. Lyson represented the defendant On June 28th who pleaded guilty." Mr. Lyson said the plaintiff told Beat he had got 100 the defendant had placed himself in this shares and would like to see the money position through sudden deviation for them. Best promised to have a cheque from the path of rectitude." His wife ready the best day and Greenfield replied bad been ill, and he had also to keep that he would prefer to have the transaë
his parents, so that his pay-260TMn month tion concluded on settlement day.
did not go very far towards meeting about 10 am, on June 28th. Greenfield
bis liabilities." the outhouse, was next visited. While hauded Best the scrip for the 100 shares
A
1
Inspector Spear explained that the
The visitors seemed little out of form; after their voyage; it is probable that their skip will substitute Tweedie for Brown at the interport match on Satur Uny Hunter was fan and away the best layer of the Kowloon team; Gibson was not in good form;```
There was a large attendance of en thusiasts. Mr. Brawn, in a brief speech, welcomed the visiting tram and assured them of the hospitality of the K.C.C. They were welcome to make the Ciub their home during their stay.
opening the door he heard:scoming-in retard for a cheque on the Hongkong) method of the fraud was to enter a hiring Ho said he felt sure they would receive a
two
were
and Shanghai Bank. Beat said there not, sufficient funds in the bank to beet the cheque, then, but that his ac count would be in funds after one o'clock, The cheque was duly presented some time during the afternoon but bonoured.
WAS dis
The plaintiff, giving evidence, said he had not seen defendunt since about mid- day on June 28th, when he passed along Queen's Road in a ricaba. Best was then, it appeared subsequently, on his way to join a vessel that was leaving the Colony. He had since received letters written by the defendant from Shanghai. These con- tained an explanation from Best that he had expected a sum of $24,000 to be paid into his banking account on June 28th and that his absence from the Colony was due to the necessity of attending to a coal "transaction.
I
The K.C.C. have invited the Shanghai
Mr. Show replied for the visiting team.
welcome" in Hongkong and, as being for a shorter time than "it hearty
This was not an isolated already, he could see that they were not actually was. offence, the man had been fined by the going to be disappointed. 3anager for a similar offence, last July players to their concert on Saturday
The Magistrate Driving cars does un-night; on Monday a gala uight will be " settle people's minds and habits a little held at the World Theatre, when a pro- Mr. A. A. Wilson, of the Dragon gramme consisting entirely of variety will Garage, said the defendant had given be presented. Mr. A. B. Allen has under- the driver a dollar to keep quite, and taken to organise this. The entertain hail offered another man 2. Such con- ment committee of the Lawn Bowls As- sociation is arranging a dinner and out- duct corrupted a whole staff.
Mr. ings of all kinds for the visitors. N. H. Mody has greatly helped in this by placing his car at the disposal of the committee, without limitation of any kind.
He noise of some one running away, yan in the direction of the noise and sw - police sergeant chasing the defondant, who managed to get away. The other tour Indians were taken into custody. The store-room was searched. Two of the keys found under the defendantis pillow fitted a camphor wood trunk there." The trunk had twin locks. He saw there were revolvers in the box, locked it again, and took it in a motor car to the Central Police Station. In the box, when it was thoroughly searched, were found automatic pistols, i revolver, 188 rounds of noimunition, 354 rupees, n North West Frontier medal, with the defendant's name on it, a customa receipt bearing his name, and Post Office locuments relative to money orders and parcels despatched. Later in the morning à man gave himself up to the police. This man witness re- cognised as the man who had ran away over-night, the present defendant. The defendant was night watchman at the D'Almada and Mason) appeared to supit, and it would not do any good, now, Garrison School; he was in the employport a claim by the Yee Wo Tai firm against the Mi Yuen Lung firm for the recovery of 804,564.61 in respect of teu broken contracts for the purchase of rice, Mr. Alabaster said the rice was tender dered to the defendants on due date and
of the military authorities.“
By Mr. Longinotto: The store-room was used by the day watchman also.
Inspector Nawab Khan gave corrobora.
tive evidence.
Mr. Longinotte said he would call the
#defendant.
Mr. Lindsell: Are you denying posses- sión 7
Mr. Longinotto: Yes, I say that other people had access to that box and the revolvers were placed there during our absence. The clothing, oven, does not all belong to the defendunt.
The defendant, giving evidence, said that, on the day the place was searched, ho was at Macao all day. He opened the “böx 'ht 7 o'clock that night, he went to it because he had somd money-Rs. 690-and wanted to lock it up. :
Mr. Longinotta Did you see anything there which you did not expect?
Defendant: Yes, I saw a revolver there. He added that he did not do anything in the matter, or report the find to the police because he assumed they belonged
cate key of the box. This
employed by the Tramway Wompany Some of that man's clothing was in the
Judgment was given for the plaintif with costs...
ן
A BICE DEAL. Mr. C G. Alabaster (instructed by
failed to take delivery. The plain- they tifs therefore had to sell the rice by auction and they were claiming the loss on the suic, plus interest and godown and other charges
After hearing evidence his Lordship gave judgment for the plaintiff with costs and leave to attach certain money now "in custodias legis, with the consent of the
Registrar.
SALE OF GUNNY BAGS. Represented by Mr. Jenkin, the Trans- marina" Trading Company proceeded against the Kwong Cheong firm and an- ages for failure to take delivery of other for the payment of 88,910 as and pay for a quantity of guiny bags.
to them under a contract
The Magistrate: I always like to take a lenient view where educated men are concerned, but this is a different case. Corruption may so easily spread and grave difficuty may arise in the Colouy, which will not be made better, I am afraid, by treating offences with leniency. in cases of isolated offences 1 have given the option of a fine, or even let them off altogether. This man has beer in trouble before; that must have given him a warn ng, but he did not take advantage of to give him a similar opportunity. We have to try and prevent the spread of corruption and that consideration pre vents me from giving him the option of fine, much as I should like to do so for his own so
It
Mr. Lyson: Just ofe chance i "The Magistrate: He has bad one. is such a grave danger to the business life of the Colony. I will impose the lowest #sentence possible ore month's imprisonment.
The Magistrate suggested to Mr. Wilson that a guarantee should be re- quired, as far as possible, from employer handling money, and Mr. Wilson said this was done in the case of men regularly employed in that way.
* WATER POLO.
The Club Lusitano bent the R.G.A., yesterday, by 4 goals to mil. Games for this evening:
515 p.-Lusitano . H.M.S. For
giove.. 5.45 p.m.-U.A.C. v. VR.C.
UNITED
The
the following will represent "United" in the above League Water-Polo match to-day, at 5.30 p.m.: A. E. Sim. tons;J. Rodger, J. Leonard; D. Laing; W Courard EW Railton_I_C_Fiuch POLO
7:
An interesing polo match was played on Tuesday between the following teams:- American team: Governor Cameron Forbes (back); Colonel F. B. McCoy, U.S.A., Lieut. Colonel Gordon Johnstone, USA, Major Peter Bowditch, U.S.A.
Hongkong Major Timmis (back); Capt. Neville, J. E. H. Bibby, H. C. Sargeaunt
ONUS ON RETAILERS. FOR PAYMENT OF CUSTOMS DUTY.
Although defeated by five clear goals, the American team played strenuously Features of the play were Last week, when two Chinese retailers and
work of Surgeaunt who scored Mr. Joukin explained that the amount
were summoned for alleged evasious of the clly..
two goals in quick succession in the claimed represented the loss to the plain- the duty on considerable quantities of tiffs on the re-sale of the goods, plus other
Second chukker and Governer Forbes who adjourned the bearing to consider Kave a dashing display in the fourth. Bibby scored the first and fifth Hong kong goals. The final goal was the out come of good combination with
to a countryman of his, who had a dupli-charges provided for under the contract. Otes, the Magistrate (Mr. G. N. Since the writ was issued on, June 8th it the legal aspects of a plea, put in by the had transpired that the defendant firm defence, that the retailer had no means censed to do business ou May 6th and had of knowing whether duty had been paid adsigned its husiness to somebody else.
Judgment was given for the plaintiffs with costs. "
box.
"Mr. Longinotto: How often does he call at your place?
Defendant Now and then, when lie. wants to put something in my box. The defendant denied that the revolvers were his or that he knew anything about them. He run, when the police started search ing, because he was frightened and lost his head. The next morning, when he egme to his senses, he gave himself up.
"Mr. Burlingham: When you found that some, one had "planted" the re volvers in the box, did you report to the police?
Defendant: I did not, I thought it might belong to my friend...
<
Mr. Lindsell: Would you allow a friend to have a duplicate key of a box in which you keep Hs. 6907
The defendant replied that the man was friend of eight years: standing and came from the same village in India.
Mr. Lindwell: What witnesses are you calling, Mr. Longinotto?
Mr. Longinotte replied that there were two-to say that the other man went there, "continually, and put things in the box.
These witnesses were duly called, but the "friend" whose name was given, was not one of them.
Mr. Longinotto, addressing the Court for the defence, asked the Bench to con sider how much stronger the case wa against the other man. Two men have, access to the, box," said Mr. Longinotto, my man was out of the Colony, the other was seen to go to the box, that day, with a parcel. What evidence have you, really, against this man? True, he ran way. Running away looks bad, but it is a matter of temperament. If there is a good case against another man, how can you say that this man is guilty My man would not dare to accuse the other alsely and suborn witnesses to support his statement. It would be more than bis comfort in the Colony would be worth."
Mr. Lindsell: Do you suggest that it the other man was in the dock these wit nesies would have said the''same'?
Mr. Longinotto: I have hot the slight est doubt they would, Has your Wor ship any reason for supposing they would fot? Why should you vaguely conclude. they would not
“e (Continued að foot of next column.)
TRANSACTION IN TINPLATES. Damages amounting to $31.300.38 were claimed by Getz Bros. from Tang Llay & Co. and others for breach of four con tracts for the sale of 1,400 cases of tin plates, 100 tons of oid newspaper and 20 tons of glassine.
Appearing to support the claim Mr. Alabaster (instructed by Messrs. Wilkin son & Crist) said that the defendants had failed to take delivery and the tinplates and old newspapers were therefore sold. by private treaty. The glassine had not been sold but was being set down at the market price,
His Lordship gave judgment for the plaintiffs with costs
or not.
and Sargehunt.
Timmis
The Governor and Lieut-General Siz C. M. Kirkpatrick were among the many well-known residents who watched the game.
AN INTERESTING PROPOSAL,
Mr. Orune gave his ruling on the ques- tion, yesterday. He said he had had access to the law at Home and be found it was very hard on the defendants in the case of tobacco and all dutinble articles. The law absolutely insisted that persons ANGLING CLUB FOR SHANGHAL having dutiable goods should, themselves, prove that those goods had complied with the law and had paid the duty required. If it was more difficult, bere, to comply with the law, then, he was afraid, the only thing to do was to hurry on such steps as might put retailers in a better position-for instance, obtaining a system of marking goods which had paid daty
Discussion of a particular line of sport in the "newspapers often has the most beneficial results. In the case of angling the reports published of sport locully in the N-C. Daily Sea, and rather further afield have focused the attention The law at Home was quite strict on of many people interested in angling, on the subject and there were cases in which their favourite form of sport, and there the judges had been very insistent that is now a proposal afoot to start aa persons having dutiable goods must put angling club in Shanghai. Fly-fishing is themselves in the position to show officers what is wanted, and in the meantime of the Crown that the goods had paid the scientific books are being studied and in- proper daty Sections 14 and 15 of the Ordinance followed the Home law on the quiries made as to the best means of subject so that the defence, in the two securing the desired sport.
The case of Hongkong reservoir sets cases before him, would have no reason to complain, except on the one point he had as a guide to the local enthusiasts. Fresh-water bass are to be had in Manila, and it was decided to import them into Hongkong, and place them in the reser- voir As a matter of fact they were landed in bad condition, and looked!
mentioned.
Mr. Orme: We will, give them the benefit of the doubt, anyhow. We find the charge against the defendant is proved..
Mr. Burlingham: I would ask for the
Mr. Le Longinotto, (who appeared maximum penalty of imprisonment with for one of the defendants) said that one out the option of a fine. I believe this difference between the United Kingdom has been going on for some considerable and Hongkong was that at Home the re- time in Hongkong. We only managed tailer was safeguarded because every none too promising. With the lapse of to find this case out through someone packet of cigarettes bore on it the amount time, however, wonderful results were giving them away out of spite.The money of duty paid. If a retailer sells an un- order receipts show that a lot of money stamped packet he is clearly evading the has been passing from this man to India law, and, if he buys unstanped packets, and be only draws $25 a month. The he knows they have not paid duty. presence of Rs. 280 in the box looks us Whereas, here, there was no safeguard at though this sort of thing had been going all ou, and if he was not the ringleader he The Magistráte: You must belp the was involved. Mr. Burlingham said he Government, as soon as possible, to get could not say where the arms were going recognised marks; that is all I can say. to, but his suspicion was that they were going to India. There was no proof of that.
obtained. The fish throve exceedingly, and provided excellent sport to the people interested. On the strength of this experience, inquiries are now being made in Manila for a consignment for Shanghai, and if after investigation the conditions are found to be suitable, a step in the right direction will have been taken. In connexion with this subject:
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Mr. Taylor, of the Imports and Ex articles by Mr. A. de C. Sowerby, the Messrs. GLYN & Co. ports Department, said Mr. Longinotto well-known expert on natural history was in error in thinking that cigarettes are of particular interest. were stamped at Home; they were in Canada and the States, but not at Home. He was sure of that
Mr. Longinotto: I must really ask you to ignoro all these ex parte statements. object to Mr Burlingham saying the defendant is the ringleader.
Mr. Orme said that, putting the.
best construction they could on the possession of the revolvers, it was a very serious at home, offence for a watchman to commit. The sentonca "WLE imprisonment for fifteen months.
Mr Louginotto Will you make an alternative fine?"
We
Mr. Ormo: I do not think a fine would have very much use as a deterrent did discuss that.
The idea will then be to rent a. Aretch' of water in the near vicinity of Shanghhi where the members can repair on a eum- The Magistrate: I don't remember mer's evening or during week-ends. The and accordingly when it has been pos seeing a revenue stamp on my tobacco fresh-water bass rises readily to a ly, Mr. Taylor Retailers have ample sible to get both water and fish, the protection, if they only buy from B.A.T. gentle art should have an ever-increasing number of devotees here. It is a cour ageous experiment, and we trust it will be successful In the meantime the prin eipal matter of interest is the fothcoming trip of local anglers to fah the waters in the vicinity of Hangchow.
agents. AAA ME
The Magistrate: I must go on with
the cases and hear the defence..
Dates were fixed, nocordingly. Mr. F. d'Almada, represented the other, de fendant
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