THE HONGKONG DAILY PRESS
SATURDAY, FEBRUARY 25TH.
1928
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[104
CRIMINAL SESSIONS.
[BEFORE THE CHIẾT. JUSTICE (BIR WILLIAM
EXES DAVIES, K.C.).] .
THE ALLEGATIONS OF AN OLD
WOMAN,
A STORY OF ROBBERY AND ASSAULT.
The next use which came before the Chief Justice and a-Jury comprising: Messrs. J. H. Scott (foreman), Ac H. Neaves. P. R. Glendenning, J. 0. Botelho, A. Carmichael, C. II. W.. Kew and H. W. Fetterly, was that in which Chinese hamed Lan" Hon Hin was in-
B
dicted on a charge of robbery from the person of an old woman aged 72 years, at Yaumati on January 20th, of one gold finger ring and 823.30 in rooney.
Mr. H. K. Holmes, Crown Solicitor,
[BEFORE THE PRIÈNE JUDOR (ME. 8. H. J. THE PHILIPPINES AND PROPOSED TAX ON CALLES
COMPERTZ.}.]
FOREIGN SHIPPING.
IN THE PHILIPPINES ALLEGED AGGRAVATED ARMED
THE PROPOSED APPLICATION OF OPPOSITION TO THE PROPOSAL:- ROBBERY,
-The Manila Times of the 18th inst, alys: Cable companies and a number of news. paper correspondents in Manila are op posing the Bill submitted by the Governor. General to the Legislature for passage
IDENTIFIED BY A FELT HAT.
COASTWISE LAW.
The following Associated Press messages appear in Manila paperste
WASHINGTON, February 14th Chairman Lasker of the United States
"This is a case of a robbery of an 53ravated nature," said Mr. Dyer Ball Prosecuting in a case which was opened at the Criminal Sessions, yesterday Shipping Board announced to-day that during the present special sesion, pru- afternoon. The prisoner at the Bar was the board had decided to recommend a posing to tax ofdinary cable messages at young man and he was indicted on a presidential proclamation placing the the rats of ten monta por word and prees. charge of committing an armed robbery Philippine Islands under the coastwise cable messages at five cents per word.
Attorneys for the cable companies have together with others on January 20th, shipping law, provided the board could 1, at the house of a cinematograph guarantee adequate service between the sent a letter to Senate President Quezo dealer in Shanghai Street, "Yaumati Islands and American ports on all and Senators Guevara, Vicente de Vera when the dealer named Choung Ping costs.
aull other members of the seviate filarrë Tsang, his wife and the family aman
Washistros, February 14th.
ccmmittee to Speaker. Roxas and Röpre- were robbed of a quantity of money and The proposed proclamation applying sentative De las Alas, chairman of the
Two men who visited the the constwise shipping law jewellery,
to Un house appropriation committee, howing
said the vietia of the robbery was an old house to see the dealer oa business were Philippines would prevent foreign ship the' illegality of the proposed measure.
woman who lived in an unnumbered house in Shanghai Street, Yaumati: She "de scribed herself as a doctor of herbis. At 8 a.m. on January 20th she alleged that the prisoner came to her house and asked her to visit a sick person. She went with him. Prisoner, it was said, took her to an out-of-the-way spot car the Fille range, where it was alleged that she was indecently assaulted and robbed.
also robbed.
Mr. Dyer Ball in opening the case suid from operating between the Islands and that on January 20th at 7.30 p.m., all the the United States. The Shipping Board complainant's family were at home when decision was based on a report from J.
knock camis ED the door. it Was
aswered by the complainant's wife. F. Marins, general agent of the Shipping
A
Board in the Philippines, that adequate service will, require twenty-one ships.
VIEWS OF FOREIGN STEAMSHIP
AGENTS.
Under the heading "Foreign Lines Optimistic," the family Times prints the following:-
The letter follows;
"With reference to the proposed act fixing a tax on wlegraphic cable messages to foreign countries submitted with the Governor General's message, I respect fully call your attention to the case of the Eastern Extension, Australasin ard China Telegraph Cors. Hord, reported in the 11th Philippine Roporta p. 20, wherein the Supreme Court held that the attempt at that time to tax the co-
and that law could not apply to foreign. was an interferotice with foreign commerce
Later in the day she was taken to a hand in which he held a dagger, saying "Outside of the fact that Joseph F Pany through the internal revenue law
house in Samshuipa where she identified the prisoner and he was arrested.
Whilst giving her evidence the old woman chuckled and crooned whenever the prisoner put forward any questions: Inspector Timothy Murphy said that when the woman was brought to the Police Station she had blood on her lips and the lobe of her right ear was torn At the house where the prisoner was
identify the man, but on examining him closely a second time said he was the
maj.
man asked for Cheung Ping Tsung. He and two others who were with him were admitted to the sitting room, and Choung" us called from one of the rear cubicles. The prisoner spoke to the complainant about hiring sare films, but as he spoke he seized the complainant round the chost with his left hand and raised his right at the same time: "Kep quiet or I will stab you to death." The family na cums into the room at the moment to serve tex to the visitore, but seeing what had happened the tried to run away. On the stairs she was met by by another mau who forced ber back into the room. One of the robbers was armed with an automatic pistol sail the other three bad daggers. The robbers drove the inmates into a cubich and there tied them up. Whilst this was going on two men came to the door and, asked for the com-
messages:
Marrias, local general agent for the ship ping board, was now in Washington for the purpose of furnishing Chairman Lasker with information and data with "I further call your attention to the reference to shipping conditions in the opinion of the attorney general of the Islands, the Manila officials had little to 31st of March, 1905, reported in Vol. II. of his opinions, p. 474, wherein he held say regarding the above dispatches.
as follows:
•
Marias left this port he was thoroughly It was stated, however, that when Mr. equipped and. prepared to discuss this subject with the Washington authorities.
While agents of privately owned ships
arrested the woman at first failed to plain, and the robbers put them of firing the American flag and those who operate government owned vessels would by telling them that he had gone to welcome the extension of the coastwis Hongkong. A little later two other men, laws to the Philippines, it seems to be uned Young Wing Sau and Chan Hei, general consensus of opinion, among knocked at the door: They were agents of foreign ships, that President
follow admitted by the robbere, and seized, Harding will not
Chairman bound and robbed also. None of the Lasker's recommendation and that the Nine days after the robbery the two men in the distant future. stolen property had been recovered. application of the coastwise laws belongs
According to Dr. D. J. Valentine's evidence given at the Magistracy, which was read out at the Sessions, the pris oner,, who was examined by him on January 21st, bore several scratches, on the neck and wrist which he said might have been indicted by fingernails within 48 hours previous to the medical examin ntion.
Evidence was also given by the pris- oner's landlady and by a shop assistant to the effect that the prisoner was in debted to them for some time previously and that on the day of the robbery he paid his bills to these people.
The Chief Justice, in the course of his summing up to the Jury, said that he
did not doubt for one moment that the
old lady had been robbed by somebody,
Some
"Sections 138 to 141 of the Interna! Revenus Law, imposing a tax upon the gross receipta derived from conduct ing telegraph fines, are not applicable to the Commercial Pacific Cable. Com... pany Said Company," having been- created by the President of the United States with the provision in its charter that it should be subject to future re- gulation by Congress, can only be toxod by the Congress of the United States, and the Philippine Commission has no authority to impose a tax upon the busi neas of the Commercial Pacific Cable». Company."
The Jones Law provides that tax-
who were admitted to the house and One agent stated this morning, that robbed wäre instrumental in getting the Japan would naturally be forced to | prisoner arrested. They happened to be retaliate by making similar laws regardtion must be uniform and equal. It needs near the Western Market when they sawing the Japanese" ports and that Great no argument, therefore, to show that the prisoner walking along the street. Britain would take the same action with if you cannot tax messages transmitting. He was the man who admitted them to Hongkong, the Straits Settlements and from the Commercial Pacific Co's lines. the house. An Indian Sergeant was Vancouver.
for foreign countries" you could not, tax
not do
old by the Supreme Court, and should.
therefore be rejected.”
BRITISH AMERICAN
TOBACCO co...
The meeting of the British-American Tobacco Ccampary was interesting in one respect, namely, the indication the chair- man was able to give of the policy of development which the board pursues. He said that a bill amending the ship Dealing with the item, general reserve, ping provisions of the Administrative which has disappeared from the balance Cade so that foreign shipping corpora sheet, he explaised that this account was Ttions may be able to replace the ships sold built up from undivided profits and set
since the code went into effect, is now up to provide against possible losses ar
ing from the war. La bringing back, before the legislature. He said that due to lack of suitable vessels, interisland therefore, the portion not required to be shipping is far from being satisfactory.
OPPOSITION BY PHILIPPINE LEGISLATURE.
ONE WAY OF MAKING. A LIVING.
ALLEGES FORCEFUL METHODS OF RAISING A LOAN...
1
called and the man was arrested. They The impression gained by visiting the those over the Eastern Extension Col's. recognised him by his face and by a different steamship offices is that the lines. certain felt hat ho was wearing at the foreign laes are not worrying in the "The proposed law is therefore illegal time of the robbery. "At an identification least. In fact they do not take the above and would recessarily have to be declared parado both the complainant and his wife cable at all seriously. identified the prisoner without hesitatios, If the shortage of good vessels in the whilst the amah pointed to him and said interisland trade is not remedied by of times" like one of the robbers. The ations to replace shipe rendered unfit in typical Chinese he was several tens allowing local foreign shipping corpor prisoner at the Police Station said "I did for further sailing, and the shipping ser but the point was whether the prosecution.
so. I have nothing to say." vice is not improved, I think the United had proved that the prisoner was the Before the Magistrate he made a loug States Shipping Board would necessarily man who committed the robbery. The statement to the effect that Young Wing take steps for the sending of American old woman failed to identify the prisoner
Sau was an old enemy, they baving boats to be put in the interisland routes," F certain game of said Governor-General Wood this morn at first. In these Courts they had to qurrolled over deal with a large number of prisoners marbles. The quarrel had developed into ing in connection with the afore-mention
ed dispatches. and they had many cases. where there long standing feud. could be no doubt as to the guilt of the
Evidence for the prosecution was called prisoners, but they also had cases full of and the case was adjourned. doubt and they tried their best to probe The Jury empanelled for the case was to the bottom of them. In this case Mesara. A. G. W. Ogilvie (foreman) there seemed to be a certain amount of R. Parsons, W. S. Drake, M. A. Gomes, doubt and if the Jury held that doubt A. Germain, P. "A. X. Piquet and R. then the prisoner was entitled to it. Tagior.
written cff tq undivided profite, the After considering the case for moments in Court the Foreman of the
directors were laflusniced by the fact that Jury asked to be allowed to consider their
the world is still unsettled, and that it verdict in private. The Jury returned to
is vital to the company to conserve its Court after half an hour's absence and
-A concurrent resolution authorizing the cash resources. The need for large cash announced a verdict of guilty by a
presidents of both houses of the Legis resources was made clear from a subse- majority of four to three. As this
Two Chinese were indicted on Lwo lature to send a message to the President queat explanation justifying shareholder. majority was insufficient to register a charges of demanding money with of the United States, renewing the peti in looking forward with some confidence, conviction, the jurors were sent back to made from a compatriot named Chotion that the United States constwise as the business, which is already world re-consider their verdict. They returned Man Yuct and with intimidating the shipping law should not be extended to wide, is being further developed in every with the same result.
The priemers pleaded the Philippines, was unanimously passed country. The ambitious nature of the The Chief Justice asked if one or more "not guilty to both charges and by both houses of the legislature on the board's policy was disclosed in the re of the Jurors were prepared to waive the following jury
mark that the whole of the world is not their opinione in favour of the prisoner, led: Mean A. G. W. Ogilvie The resolution follows:-
yet covered, in fact the company has only seeing that there was an element of doubt (foreman, T. R. Parsons, W. &. Drake, Whereas, information has been restarted on that work, and cortar, develop- about the cABE.""
M. G. -Gomes, A. Germain, P. A. X. coived in Manila that there is to be subments are in view Manifestly, if the The Jurors had a further consultation Piquet and H. Taylor.
mitted to the President of the United and the foreman announced that one of
Mr. Dyer Ball prosecuting for the States a recommendation to the effect scope of the company's operations is to be their number had waived his opinion in Crown, said the complainant was an ac- that he issue a proclamation putting the extended, it would be unwise to divide favour of the. prisoner. -
In view of this the Crown Solicitor furniture shop, Hollywood Road. At of the United States coastwise shipping to bear in mind, particularly as business countnt at the Kwong Ching Cheung Philippine Islands under the jurisdiction up to the hilt. That is apparently the point which the board desire shareholders- was asked by His Lordship, if he would pm, on January 8th the prisoners came law
conditions are improving.-Daily Tele- accept the verdict of the majority Tae to the shop and called for Cho Man Yuot. Whereas, it has always been the con graph. The Crown Solicitor said he was pre The first priemer was alleged to have viction of the constitutional representa pared to ask for a new trial of the case said "I have a letter for you," and this tives of the Filipino people that such at the next Sessions if the majority of he left on a chest of drawers in the room measure would be prejudicial to the inter- the jurors had returned a verdict of and then walked out: guilty, but as the majority had returned addressed to "Mr Man. Tuk" It Island
The letter was ests of the people of the Philippine wise shipping law to the Philippines. The last parliamentary, mission which went to verdict of not guilty he was quite read:At present our brothers have prepared to accept that verdict."
"Therefore, be it resolved by the Washington in June of last year, likewiso The Chief Justice: I think you have a loan of $500. On receipt of this letter of representatives to authorize the pre would be to the great detriment of the more business on hand and we ask you for Senate with the concurrence of the houss presented to you a memorandum dated June 28th, 1929, saying that such measure acted very fairly and properly in the
come to the Cheung Ten Tea-house at sidents of both houses of the legislature, matter.
Sai Ting Plus at 8 pm, on January 7th as they are hereby authorized, to send interests of the Filipino people. That Do not fail to do so. The letter was to the President of the United Statei, memorandum id at the end The signed Tung Yee Shih (the name of through the resident commissioners it application of the coastwise shipping law- a society)" The complainant took no Washington, the following message to the Philippines will be considered by We beg to be permitted once, mors our people as an act of injustice to them,
The prisoner was discharged
ARMED MAN TAKEN BY SURPRISE:
same
empanel- WAN
17th inst
-notice of the letter beyond going to the to renew before you our wish and petition and furthermore, it would appear like Arrested by surprise on January 23rd police" and reporting the matter that the United States coastwise shipping sacrificing their interests to those of the in a tea house at No. 111, Battery Street, January 12th the defendants came again law should not be extended to the shipping companies of this country.. Yaumati by Inspector Murphy and to the ship, scompanied by three other saveral Chinese detectives, Yee Wai, was men. They stayed outside the door. found unlawfully to have in his poses They asked for Mr. Cho, who on appear sion a revolver and five rounds of amoe was asked by the first prisoner. munition, and was yesterday indicted on What is your answer to the letter!" that charge. He pleaded guilty,"
Complainant asked in reply. What In reply to questions by the Chier dotter 1. The prisoner replied: You Justice, Inspector Murphy said the man know the letter-the one wing for the made a statement at the Police Station loan. You are shamming stupid now, I that he had come down from the country suppose I will shoot you if you do not to commit s robbery at a grocer's shop. go to the tea house at 2pm. He pro- This statement the prisoner denied, and mised to go. Before doing so he reported added that at the Police Station he said the occurrence to the police and two he had no intention of robbing a grower detectives went with him. At the tea shop
hose he saw the prisoners and they were
The prisoner was untenced to two Arrested: years inprisonment with hard labour.
(Continned at foot of next column.)
Philippines. The fifth Philippine legisl "In the same way that we know that ture, in its session of March 8th, 1920, it is not the intention of the Government Approved a resolution, already trans of the people of the United States to mitted to you, instructing our resident create difficulties for us or to prejudice commissioners at Washington so that they in any way the interests of the Filipino will oppose any law which would extend people, we confidently hope that you will the provisions of the United States coast not apply the provisions of the coastwise
(Continued at foot of next columns.)
shipping law to the Philippines. We
We firmly, believe, Mr. President, that:" circumstances have not changed since. then, and that the interests of the people and the commerce of the Philip- pines demand of us, se their constitu- tional representatives, that we renew our petition in the hope that this time, as on Previous occasions, you will give us com- plete justice.
di Saban Sa
Evidence was called bearing out Dyer Ball's statement
Mr.
After hearing the evidence the Jür a majority of six to one," returned verdict of not guilty" and the prisoner was discharged.
J
44