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THE SUNNING" PIRACY CASE.
MAGISTRACY PROCEEDINGS CONCLUDE TO-DAY.
NINE ACCUSED NOW COMMITTED.
MR. LO'S SUBMISSIONS TO THE COURT.
The Magistracy proceedings in! the Sunning piracy case have en- ! tered their final stage. They will conclude this morning, and the second phase of the case will open when the neensed who have been committed to the Criminal Sessions take their place in the dock at the Supreme Court later this month.
The case, when it concludes at the Magistracy to-day, will have been called, on no fewer than 2 days, before Mr. R. E. Lindsell, and dar- ing that time 65 witnesses have been called by the Crown and others standing by have not been called at all.
The position now is that ten men out of the original twenty who were charged in connection with the pitaey have been discharged. Nine others have been committed for trial, and the only remaining de fendant is No. 2, the Formosan, who commenced his evidence late yenerday afternoon, and will con- clude it this morning at the Cen- tral Magistracy. This will finish the Magistracy proceedings, except for a closing address on this man's behalf by Mr. M. K. Lo.
Yesterday Mr. Lo addressed the court and called the 7th accused. In the afternoon Nos. 9 and 14 me.
cused gave evidence, and after Mr. Lo had laid his submissions before the Court, the three "accused men- tioned were committed for trial
Mr. Lo's Address.
Not Pirates.
At the afternoon, hearing, Mr. Lo called the former No. 10 accused who was discharged recently. This man said he was a discharged sea- man from the s.5. Philadelphie (or Cherng on and said that the re- maining defendants in Court were all in the steerage during the piracy, were not pirates, did not associate with the pirates, and took no part whatever in the pirney.
Cross-examined by Mr. Holmes, this witness denied that a card with the name of the Chinese Consul General, who gave evidence in the earlier stages of the case, was found in his pocket by the police when he was searched.
Corroborative evidence as to the nematning defendants not being pirates, and being in the steerage all the time the pirates were in con- trol, was given by the former No. 12 accused.
Mr. Lo called further witnesses who gave similar evidence and then put the 9th and 14th housed in the box. The former emphatically denied that he took part in the piracy, or that he was the man who escorted the Captain of the Sten- ning on one occasion to the lava- töry. He claimed that it was a sas of mistaken identity..
No. 14 also denied being a pirate. Not Strong Enough to Convict. Mr..Lo addressed the Court and sulmitted that as regards the re- maining defendanta no jury would convict. Out of 65 witnesses called by the prosecution only 34, had identified one or other of the pri soners as taking part in the piracy. Mr. Lo went on to deal with the evidence against his remaining clients and said they were charged with piracy on the high seas, steal- ing the ship and stealing money,
ROBBER VERSUS POLICE.
<-
D.
# THE NEW_C.-IN-C.
GIN DRINKERS' BAY BATTLE. SIR R. Y, TY WHITT TAKES
OVER COMMAND. ATTACK ON A DISTILLERY,
The hearing of the case in which four Chinese, who are held on vari- of the out charges arising out skirmish with the Police at the Wo Lung distillery in Kwai Chung, in the vicinity of Gin Drinkers Bay on December 2nd, was resumed yesterday afternoon before Mr. T W. Ainsworth, at the Kowloon, Police Court.
The charges preferred against the four defendants are attempted arm- ed robbery, and possession of instru- ments for an unlawful purpose.
I will be recalled that four men were killed in the skirmish.
RACING NOTES.
[BY PAPIER.]
Training is in full wing at Vice-Admiral Sir Reginald Yorke Happy Valley now-a-daya and the Tyrwhitt, K.C.D. D.S.O. (the now subscription griffins, ahorn of their Commander-in-Chief of the China long hair and having lost some of Station) landed yesterday morning their desh, look a very promising from the P. & 0. 5.3. Varen on bunch. It is rather early to talk which he had travelled from Home, of the Derby winner but Mr. Accompanied by Lady Tyrwhitt, and Dunbar and Messrs. Toeg and Priestley's 'stables are already ex- over his pected to provide the winner. Mr. their two daughters.
He immediately took command of the China Squadron, Dunbar has four griffins and San and horsted his flag on H.M.S. Diego has returned, from Shang- Chi Ling, who trained for Despatch. The usual salutes were hai. accorded and R.M.S. Despatch the late Sir Paul Chater for 901 saluted the flag of the departing many years, has come down from Admiral, this salute being returned Shanghai to look after Mr. Dun. by the flagship, H.M.S. Hawkins. bar's interests. Other owners of This morning the departing Com-griffing are: Sir Victor Sassoon 4 mander-in-Chief,
Admiral Sir Mr. Tam Pearce 3, Messrs. Toeg Edwyn Alexander Sinclair, K.C.D., and Priestley 3, Mr. Ho Kom Tong MV.O., will strike-his-flag-on-the. Mr. Roda 3, Mrs. Paterson 2, Hawkins, prior to leaving for Mr. R. J. Paterson 1, Mr... V. Home on the Jalwa at noon. Sir Stanton 1, Mr. H. P. Whico 1, Mr. Edwyn takes over, the command of Harold Seth 1, Messrs. Hogg and the Nore from Admiral St, William Seth' and Messrs. Hall and Shen. Goodenough.
toa have two ponies taken over. from Mr. Taggart's stables which are still griffins. Mr. H. P. White has become the owner of Gulden. His secretary is. Paymaster-Com-| Pheasant which recently belonged The "mander K. E. Badcock, D.S.O., to Mr. H. Birkett. In addition to The D.S.C.
ני
At yesterday's proceedings, Mr. C. Greenwood, Police Armourer, testiäed to having examined two revolvers on December 4th at the Water Police Station. The revol- vers were all loaded and ons had had two rounds fired from it and was in good condition.
The two rounds of ammunition found on the other revolver were web. Witness added that he took out the powder from those two bullets, and the lot took 30 seconds to ignite. second lot took a second: caps of those two bullets had been fired but failed to ignite the powder.
A Police Ambush.
Grat
A Chinese detective said that he went with Sub-Inspector Andrews to the Wo-Lung Distillery, and was posted in the "master's " room with
The new Commander-in-Chief, it is understood, leaves almost im mediately for the North.
LATE FERRY SERVICES.
TO LEAVE BOTH SIDES OF
HARBOUR UP TO 2.40 A.M. Residents will be glad to learn
their three griffins Messra. Toeg and Priestley have two good ponics arriving to-day one of which is Saucy Sur. Mr. T. Pearce has 4
It
el ponies, amongst them being that old. Favourite, Spotted Sand. will be seen that there is excellent material for a first class race meet- ing. By the way the Jockey Club, Cup, the last race on the first day, Ferry Co. has been changed to 1 miles in-
stead of 6 furlongs.
three other Chinese detectives and that Ferry services across the har- Sub-Inspector Andrews. They wait-hour after the midnight hour are ed from 7 till a little after 10 p.m.being further extended by the Hong when some people came into the Kong and Yaumati roont, and on seeing the police took out their guns and two shots were fired. The police officers returned the fre, and he himself fired four shots. In this shooting aftay, wit. It was for the Magistrate to come ness fürther added," Sub-Inspector to some conclusion how a piracy of Andrews killed one of the robbers this kind was engineered. Was it outright. Another of the miscreants engineered on the po
Mr. Lindsell I don't think there is any need for you to go into that. The question is Did these men seize the opportunity to chip in when the piracy started!'
were wounced.
Those who are detained late either
ዓ. on the island or on the other side across the harbour, can leave up to 2.40 a.m,
Commencing from yesterday, it is asnounced
that
4.
lauseb will
***
Mr. H. Birkett leaves to-day by the Malwa and he takes with him
the beat wishes or all turâtes for. a speedy return to good health and to the Colony, He was the re
are simultaneously the Pottinger
Fanling Hunt of a piece of silver.. Street wharf and the Company's cipient from some members of the pier ab Yaumati every twenty
suitably inscribed as a token pl their affection for the M.F.H. Mr.
. Further evidence was heard, and minutes after midnight, this late
the defendants having intimated service, for which only twenty cents that they would be calling witnesscs is being charged, being maintained Birkett won the Hong Kong Derby
At the morning heaving. Mr. Lo said he proposed to deal very briefly with the question of discretion and jurisdiction. He thought there would be no real conflict between himself and the Crown as to the extent of the evidence against the remaining defendants. He there fore proposed to address the Court on the law of (1) evidence of iden- tification, and (2) limitation of the
Continuing Mr. Lo said Magistrate's powers of committal pirates did not have the luck to adjourned. and the extent of his Worship's disrull off a coup of this kind every eretion to discharge the acensed on account of conflict of evidence.
In quoting "Best on Identifica. tion," Mr. Lo said that be felt that no one would attach much impor- ance to evidence of persons who
the
day in the week. It was something of an achievement for them and he did not think anyone would go so far as to suggest that, having seized the ship the original gang of pirates allowed others to come in, and share the out
for their defence the case
A YOUNG RUSSIAN
VAGRANT..
was
SUCCESSION OF STOWAWAY ADVENTURES.
up till 2.40 from either point.
CONSIDER YOURSELF
AT
with Sunstar in 1999, wna Clerk of the Course for some time and ho is a Steward of the Hong Kong Jockey Club but none of his ac tivities will be as enduring as his association with the Fanling Hunt. He and Dr. Pierce, Grove initiated the hunt at a time when it was
SQUARE.
AMUSING INCIDENT MAGISTRACY. - Charged With causing wilful difficult to arouse enthusiasm of damage to a suit of clothes belong. any sort, but they carried on ́un. Appealing for leniency, when "I think that man was aft." Laing all traces of the piracy. Wit charged under the vagrancy act, ating to a man with whom she lodged, dauntedly and added another page n Chinese woman appeared before to the sporting annals of the less there was very special evidence, esses had expressed an opinion the Central! Magistracy, before Mr. Mr. R. E. Lindsell, at the Central Colony."
that the burning of the ship, was Also, was his Worship satisfied
said I saw that man 'fore," or done with the one object of destroy-
no jury would convict,
Turning to his Worship's juris- diction, Mr. Lo quoted a number
that all the pirates left the Su
ning," and he suggested there was W. Schofield yesterday morning, a sixteen year-old Russian boy told very strong evidence that those who remained were not pirates.
The Crown had called a witness a pitiable story of his life,
Magistracy yesterday morning.
Observing that the evidence was most conflicting," bis Worship The youth Elija Nihito Phomen-asked the defendant whether abe in the storage. Men who had been ko, by name, said that he was a tould be willing to pay the com- defendants in the case had said the
of cases decided in the Court of who had said the defendants were
Appeal and an important judgment given by Mr. Justice Gompertz in the case of Rex v. Hong Sui Loong.
THE COLONY'S WATER SUPPLY.
:
same and because they had een de native of Ekaterinosical Sent to
plainant $3.
The consumption of water in the fendants that was no reason why school after the death of bis
Defendant (indignantly): Cer- City and Hill District, in millions their evidence should not be given parents, he went to Odesss in 1926, tainly not! I don't object to pay of gallons, during December was stowed away in a Russian ship and ing a fine, but I don't want that 24429. The estimated population is credence.
reached Fladivostock. He was un- man to get it. I have been lock-107,090 which works out at 10.3 able to obtain employment and el up for two days.
His Worship (to complainant). Į gallons per head, per day, stowed away on the Glecapp.
You have sufficient time to waste
Corresponding figures for Decem He left the boat at Singapore into prefer a charge which you could December, 1025, and he worked for not support and you rendered your ber. 1925 were:-220.34 gallons; solf liable to prosecution./ Consider pop. 397,300 daily consumption yourself aquare; she spoiled your 18.4. The storage was reporteil as
it and you spoiled her feelings.
1,235.18, compared with 1,638.91 in (Laughter.)
December 1995.
In that case," said Mr. Lo, Sir Edward Clarke, perhaps the great
Value of Identification. est authority on the subject of ex- tradition, had said, in regard to Mr. Lo criticised the value the duties of a Magistrate, that they of the evidence of identification were more limited in cases of extru- when accompanied by no other dition than in an ordinary indict-evidence and concluding his address ble charge. It must be remember said it would be nothing short of ed that a magistrate in cases that a miscarriage of justice if the three demanded extradition was not quite men were made to undergo the his keep on a rubber plantation for in the same position sa if he were anxiety and expense of a trial at a Mr. Frenkel. He was receiving deciding on a charge of crime com- the Criminal Sessions.
7th Accused.
?
ed of 25.
of
TRAFFIC DEPARTMENT
PROMOTION.
SERGEANT MASON" MADE SUB-INSPECTOR.
31st, 1926
nitted within his own jurisdiction." The Crown Solicitor referred to no salary and eventually with the In the latter case, he had full dis- the possibility of others joining the assistance of seaman, bestowed
Full supply was reported in all cretion; he may, and often does, pirate gang during the early stages away again, on the H.M. S.B.
Rider Main Districts up to Decem discharge a prisoner because for one of the piracy. If Mr. Beatty and D'Artagnan. At Aden he was dis of several reasons he thinks a jury Mr. Orr were not mistaken, the
ber 8th and an intermittent suppl. Would not be likely to convict. He probable conclusion was that No. 7 covered by the officers and sent back
to Singapore,
in all Rider Main Districts from asked his Worship to exercise this was no armed, but was added to discretion in the present case.
He was imprisoned there and then
Dec. 9th to 51st. 1925. Full supply, the band at the start and then arm- ed himself with the water bottle went by the hs. Hakozaki aru to
in all Rider Main Districts during Shanghai. His only suit, was a
Sergeant Mason, of the Traffic December 1946 with the exception Mr. Lo said that with his Wor. and struck the Second Officer.
The men were undoubtedly from white one and he landed in Hong ship's permission he would deal the s.3. Philadelphia. As regards Kong with the idea of getting war- Department of the Hong Kong of the districts West of Eastern,
Palice Force, has been promoted to with the 7th, th, and 14th defen- the number of pirates there had mer clothes. The boat left without the rank of Sub-Inspector of the Street where an intermittent supply dants first, leaving No. 6 until the been indications of the number, and im end, the first three having been then there was the remark of the Det. Sergt. Elstom said arrange-mechanical work of the Force. Mr. was given from December 4th to fellow seamen on the s. Cheung pirates chief that the band consist-ments were being made to send the Mason, a very popular officer, has On.
At Kowloon. lad to Shanghai. A Japanese boat been with the Hong Kong Police since 1920, becoming a Sergeant His Worship concurred.
Mr. Holmes refered to the fact would be leaving on
Monday or
three years later. He was put in The consumption of water in Kow. Wu Pang, the 7th defendant, in that the defendants and the wit- Tuesday next reply to Mr. Lo, said that he was nesses called for the defence con- Nihito was sent to the House charge of the mechanical depart loon in millions and decimals of one of the 19 members of the crew centrated on the fact that all the Detention until the necessary ar.ment in January, 1994. His work
consists of repairing and overhaul-gallons during December 1928, was of the s.8. Cheung On who were men from the Philadelphia were in rangements are made.
ing police vehicles, of which there 74.83 million gallons... paid off at Shanghai and giver the steerage. They did not qualify
are eleven A.JS, combinations, passages to Hong Kong on board that statement at all. the s.. Sunning They had been en the former vessel for six months.
Witness went on to recall how Mr. Lindsell commented that he
cars, lorries, and private cars when pirates entered his cabin and took thought he was bound to send the.
necessary, in order to eagre they away his purse. He. remained be- men for trial and committed them
When the men accused at snatch-are kept in the best possible con- low until he was driven up on deck to the Criminal Sessions. by the piratea He managed to Following the committal of Nos. ing Mrs. J. Barros Mader's bag dition, and so conduce to the safety 153,100; per head per day 144
difficult gallons. hide under a lifeboat, afterwards 7. 9 and 14 accused for trial at the in Nathan Road, was brought be of driving on Hong Kong's d crossing the deck to another bout. Criminal Sessions, the one remain fare Mr. T. W. Ainsworth, at the roads,
He has been connected with motor "There was a full supply in all Magistracy, yesterday When the fire started he helped to ing accused, the Formosin (No. 8) Kowloon put it out Seeing some officers was put in the witness box and morning, the Police asked for a work before and during the war, districts during December 1925 and take a purse from n pirate, witness began his evidence. It was not com remand, intimating that the case and is generally recognised to be 1928. went out to see if it were his. He pleted when the Court adjourned would be taken to the Supreme an authority on the subject. He
The Government Analyst's reports was promptly arrested and from at nearly 8 p., and he will con- Court. The defendant was accord has done much valuable work for
the public lety in both Hong shew that the quality of the water that time to the present had been clude his story this morning, and ingly remanded for one week. in custody.
this will bring to a close the pro- From this it will be gathered that Kong and Kowloon by the unremit is satisfactory:: The Court adjourned for the tiffa ceedings so far as the Magistracy the Police are now taking drastic ting attention he has paid to the interval at the conclusion of No.7 is concerned. The Court kita at steps to put a stop to this form of condition of buses, taxít and other.
public vehicle. accused's evidence.
11 a.mL
Three Committed.
BAG SNATCHERS TO BE SEVERELY PUNISHED.
offence.
The population is given as 158,140, - three motor vans, and one motor which works out at 152 gallons per
car, and also regular examinations
of all public vehicles, commercial | head per day,
Figures for December 1925 were consumption, 68.27;" population
Total rainfall to December 31,
1926, 100.76 inches,
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