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THE HONG KONG DAILY PRESS, SATURDAY, DECEMBER 31st, 1927.
Mackintosh
MEN'S WEAR SPECIALISTS C
ALEXANDRA BUILDING.
DES VOEUX ROAD
THE "
STAR" FERRY COMPANY,
LIMITED.
SCALE OF CHARGES. Effective 1st January, 1928.
PARTYGERA
IST CLASS.
3RD CLASt.
Per Trip
...
30.10
Persons under 18 years of age,
0.05
Special Ferry 1.00 am.
Non-Commissioned Officers and Men belonging to Anay, Navy, Police and Fire Brigade in. Uniform
0.0%
0.20
**
Asiatice only are allowed to travel ard Class
104
4 Copper Centa $2.00
6.00
(Perscris under 18 years
of age)
2.00
Family (3 Personal
9,00
(4/5
12.00.
Free
Book of 10 Tickals-Aristics only Monthly Tickets-Single
Children under 3 jism of aga sa
The following Persons will be considered as Members of a Family Husband, Wife, unmarried Children and Governess, Narse or Amab, living in the same house."
By Order of the Board of Directors,
F. H. CRAPNELL.
Becretary.
Hong Kong, 14th December, 1927.
[563%
ELITE
STYLES
A. P. C. Building
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GAS COMPANY SYSTEMATICALLY.
ROBBED.
PORTUGUESE CLERK SENT TO GAOL.
PROSECUTION EVIDENCE SEVERELY CRITICISED.
MOTHER AND AUNT ALSO` BENEFIT.
Alvaro Antonio Remedios, who had been with the Hong Kong and China Gas Company for the past thirteen years, was yester day sentenced to four weeke hard labour for stealing gas and with making false entries in his books. In addition he was also ordered to make restitution to the Company to the amount of $80 and also to pay a $60 fine for entering fictitious figures in his accounts.
Mr. Leo d'Almada, Sar, for the defence, severely criticised the evidence tendered by the prosecution, auming it up as the vent- ing of staff grievances against the defendant, and making use of the Mr. errors of others to "throw aud" on the defendant, d'Almada's ubmission was that the prosecution had failed to prove conclusively that the defendant had actually, tampered with the meter and that he had made or caused to be made false entires in his account..
Mr. R. A. Wadeson, for the prosecution, brought out the startling fact in his cross-examination that the defendant had not only defrauded the Company for his own benefit but for the benefits of his mother and aunt as well..
In passing sentence, Mr. R. E. Lindsell (Magistrate) said that had it not been for the many lies told by the defendant in the witness-box and the defiant attitude he had adopted, he would have been let off with a fine.
whether right or wrong, but have the Company proved that the figures were wrong. They have not and could not, because air. Black burn had admitted that where they could not obtain a reading, they would make an assessment from the
month's previous
consumption
Then why should this not be done in this case
THE DEFENCE.
Opening his defence, Mr. d'Almada said that in order to substantiate the three charges against the defendant, it would have been_the_duty of the prosecu- tion to prove the defendant guilty and not the defendant to prove his innocence. This was the funda- mental principle of criminal law.
Dealing with the first charge of false pretencer, Ir. d'Almada said that that it must be proved beyond ter the shadow of a doubt the essen- tial igredicats supporting this charge.
Mr. d'Almada then went on to say that the defendant had been 13 years with the Company and had dage his work faithfully. There had never been any complaints both regard his work and his charae
After quoting several authorities cn the case, Mr. d'Almada said that he would ask his Worship to Mr. say that the prosecution has not proved what the defendant had stolen. It could be anything u to 10,000 cubic feet of gas.
After further arguments, Lindsell said that he was satisfied that the defendant had no case to BLswer in respect to the charge of false pretencÈS."
three counts.“
The Question Of Tapping, Mr. Wadeson said that the charge
Touching upon the question of a was merely put in as an alterna-guilty mind, Mr. d'Almada said tive, and he did not expect the Authorities have been laid down defendant to be convicted on all that mens rea must be proved be
fore your Worship could say that Mr. d'Almada then went on tote was guilty of the offence, unless deal with, the charge of stealing dispensed with by a special gas by a trick. He said that it statule.? must be remembered that the meter was the property of the Company, and yet month after month, the defendant was alleged to have ca tered £ctitious figures.
Mr. Lindsell: If person at tempts to tamper with a gas meter, what then?
1
Mr. Wadeson said that the charge against the defendant was Now what is the evidence of framed under the Common Law and the trick alleged against defen-not under any special statuatory dant?" Counsel asked. First" it fence acts. He said that the was said that his mcter was found trick employed was" to take the gas to be defective to such a degree from the meter so that it could be that the dial was incapable of regia-registered. The Company alowed tering. But before going further gas to be taken from the meter but I would remind the Court that the not by tapping the meter,.. · He meters are the property of the quoted a case in England where a Company and that the Company whole mill was worked by gos should and ought to see that they stolen directly from the under are in order. It must be remem-ground pipe and that when the bered that it is not the duty of meter was stopped the whole the consumer to see to it at all, machinery was sill working- I As far as the meter is concerned that case a convistion was secured the prerogative right was not on the Mr. Landsell:-Mr. d'Almada,. consumer but on the Company satisfied that taking the whole alone. We now come to this that thing together, you have a case of so far as the meter is concerned, larceny to answer. the defendant, as a consumer, is Mr. d'Almada Jasked on what not to touch the meter under any ground that he had a circumstances, and if there is any answer. The Magistrate said that thing wrong with it, he should considering the evidence from meter report it. The defendant is not readers who had been kept away responsible unless the damage and the figures supplied to the could be proved to be wilfully by the defendant, he felt satisfied
done...
We also have in evidence that in cases where no readings could be obtained, the proper course to adopt would be to strike an aver nge from previous months' con-
Therefore giving sumption.
하
figure which represented an aver age of previous month's consump tion is not making falee entries, because it is the system of the Company,
Suspicions No Evidence.
case to
that there was a case to answer.
Mr. d'Almada: But that is not evidence. »
Mr. Lindsell: Then you might argue that circumstantial evidene be done away with.
Defendant's Story..
M. Wadeson: You also know the SIR PAUL CHATER'S
rental charged --Yes.
fr. Wademon: Therefore you must know they were incorrect 1— I-never noticed them.
Mother And Aunt Bengät. Mr. Wadeson: Now Remedios, cast your mind back to 1993. Dur ing the whole 12 months, you had not been charged with a 'cent duf not use gas that year.”
Mr. Wadeson: You have reported number of cases to the Company, but have you ever complained about your own meter?
· Mr. Lindsel: Why should he i Mr. Wadeson: To prove good faith and integrity.
have
Mr. Wadeson: How old are your children 1-I
The eldest is 10 and the youngest is only one.
Mr. Wadeson: Then from 11.30 nó. right when you returned home with your wifs from the Queen's Theatre until the following evening, your wife would be at home allthe time 7-Yes.
Mr. Wadeson: How many child- ren go to school-Three.
Mr. Wadeson: During the day, three children in the house, your wife and one amah, and yet you say that you use ehfrcoal-I use charcoal for cooking and kerosene for my lights. ***
PICTURES.
HOW THEY ARE DISPOSED,
MEETING OF THE LEGIS-
SLATIVE COUNCIL.
GOVERNOR'S HAPPY NEW YEAR" TO EVERYONE.
The last meetings of the Legis lative Council and the Finance Committee for 1927, held yesterday! afternoon, were not of long durn-
tion.
mittee was held first and vates for supplementary expenditure, totalling $11,897, of which details were given In yesterday's Daily Press, woIC approved"
"Once
you
hear
it play
for
The meeting of the Finance Com you'll want one home your
You must really hear an Orthophonic Victrola play to understand its astonishing range in musical reproduction. It gives you every measure, every shading of a note, ex actly as the artist rendered it. Walk into another room and it is hard to believe that the artist is not there in person, singing or playing to you and your guests. If you haven't heard the new Orthophonic Victrola, by all means come in and see us today!
The Legislative Council meeting following immediately when the re- port of the Finance Committee was passed. A certam amount of routine business was transacted. The Hon. Mr. Wadeson; "You remember that a new meter was put in after M:. W. E. L. Shenton asked some this one was removed, and it had questions regarding the late Sir only been there approximately P8 Paul Chater's.collection of pictures, hours, when the dial registered that E. the Governor wished everyone 300 cubic feet of gas had been coa- sumed --Xea.
a happy New Year and the pro- Mr. Wadeson: And yet you are ceeding terminated. The two meet- prepared to tell. 11:3 that your Average monthly consumption was aheat 200 or 300 feat 7-That meter might have been registering before it was installed in my house.
Mr. Wadeson; Ilave you known meters been sent out without start- ing at zero Many, when removed from one house to another.
In reply to the Court, defendant said that the meter was still re- gistering up to the time when it was removed from his house.
Mr. Lindsell: Are you alleging that the Company damaged it to get you in trouble 1-No, it might have been damaged in carrying. from one part of the town to an other.
Mr. Wadeson: Your mother is still alive-Yes.
Mr. Wadeeon: Does she use gas? It's.
Mr. Wadeson: Do you remember sending out her account:-Yea
Mr. Wudeson: Do you know that she has a cooker 1-Yes.
rental No...
Mr. Wadeson: Do you know the
Mr. Wadeson: You know, the cooker, don't you Yes, It cost 81
a inanth to hire.
Mr. Wadroom: And your mother
I know nothing about that. has been paying only 30 cents
To further questions, defendant amo admitted that an aunt of his also has a cooker in the house, the rental of which should be a dollar, but that she was paying 30 cents under the old ratë.
defendant said that he gave all his Re-examined by Mr. d'Almada, money to his wife. She settled all the monthly accounts and he never. looked at the bills.'
Story Of A Geyser.
ings together did not occupy more. than ten minutes.
Hon. Mr. W. EL. Shenton ask S. Moutrie & Co., Ltd.
ed:-"
Have the Government, on be- half of the Colony of Hong Kong, recently received a gift-of-a-vah able collection of pictures and prints of Hong Kong and the Fer East, in accordance with the wishes of the late Sir Catchick Paul Chater, and by the ganero- sity of the Armenian Holy Church of Nazareth at Calcutta f
the
If yes, what steps are Government taking to preserve the collection for the Colony of Hong Kong, where will the same be housed, and on what candi tions, pending the provision of a permanent repository for the same}
Have the Government a scheme for a permanent repository... The Colonial Secretary-The an swer to the first question is in the affirmative. The collection", "com" prises paintings and prints to the total of 437, all of great laterest to the Colony and many of historical value.
Victor Distributors.
The New Orthophonic
Victrola
A BALLADE OF SOUR GRAPES.
WITH ACKNOWLEDGMENTS TO
" MR. PUNCH,”!
Dr. Timothy Tingfang Lew, of Peking, has been preaching, lectur- In the absence of any suitable ing and addressing Conferences in repository for the whole collection, England, Europe and America with such of the pictures as could not acceptance... he given wall space at Government
DAILY PAPERS.
House, have been distributed to the University and various Govern ment Offices where they will be hung and cared for. Arrangements are in hand for making each picture
The answer to the third question is in the negative.
The Colonial Secretary moved the adoption of the Finance Committee reports and the adoption of the Bye-law made by the Sanitary Board on November 29th.
Timothy, Tinglang Lew Not by plane, but by hant and train;
To distant Europe flow, And should he fail to return again There will be sorrow on Chibli plain, And the Shantung mountains too;
For they are proud of you, Timothy Tinglang Low.
Timothy Ting, it's a curious thing, But your very syllablesscom to sing: They suggest the crime of repented
rhyme,
And every time as they chink and
I
chime
feel an apology's, due To the Rev'rend Professor that's you,
Timothy Tingfang Lew.
Mr. d'Adanada then told the with a brass plate engraved with Court that he had another witness the reference number in the to call Mr. Alves, handicapper catalogue: and the whole collection of the Hong Kong Jockey Club, who would testify that he had a will be checked annually. geyser and was actually using gas, but when the bill was sent to him, be found that he had not been charged: for st. He reported the matter to the Company, and the defendant was at once blamed for being in collusion with him (Mr.
B.E. the Governor': This com- Alves), although defendant had re- ported the inaccuracy of the meter. pletes our work for 1027. I thank Timothy dear, it's extremely queer, Mr. Lindsell said that be did not honourable members of this Council And to me at the moment by
means clear, think that the evidence of this for much valuable and unfailing Why, despite the knowledge you witness was material to the case, help they have given to me through.
gained at College and Mr d'Almada again pointed out the past year and I take this And all the degrecs which you carry out that his client had been blamed opportunity of wishing all members
with ense for something of which he was in of Council and, through them, the nocent and that would show that Colony as a whole, every happiness In the land of teas or wherever you
please, the Company had suspected his and prosperity for the new year. We should lapse from dignity (there's
Council then adjourned sie die.
Those present were H.E. the Governor, E. the General Oficer
the Troops.. thede
client all the time.
The "defendant was then called ed anything against Remedios on
Mr. Wadeson: If we have alleg
to the box. In his evidence he that matter we are prepared to Commanding mentioned the various capacities be withdraw it, as it does not affect Colonial Secretary, the Attorney- had filled during his term of em- this case. ployment with the Company, and
said that be first began to use gas
*** Commission Of Enquiry,"
General, the Colonial Treasurer,
no malignity)
no
W
Every time we allu
¿
To the worshipful one that is you,
Timothy Tingfang Lewa
Secretary for Chinese Affairs, the Loo Ting Fang is a name which
If as a servant of the Company, 110. Thesemplates were treat In his final address to the Court, Captain Superintendent of Police, he was bound to keep the meter ed as ordinary consumers and were Mr. d'Aimada said that although the Hon, Sir Shou-son Chow, Han. For in good condition, I would not not allowed any discount. He the prosecution had brought a host Mr. WE. L. Shenton, Hon. Dr. argue any further. But bave we denied tampering with the muters of witnesses, they did not amount B. H. Kotewall, Hon. Mr. A, CWith got aty evidence from the Com-or supplying any figures to the to anything beyond a Commission Hynes, Hon. Mr. J. Owen Hughes pany that the defendant as an em- meter readers in respect to his of Enquiry into the Working of and the Deputy Clerk of Councils ployer of the Company, was bound w consuraption. He had not the Gas Company." He also criti- (Mr. E. W. Hamilton).. to keep the meter in good condi. erased any figure from his books cised the prosecution for dragging tion! No such evidence has been and that his attention had never in the defendant's mother and aunt
tendered, and until such evidence been drawn to them. He used when they had nothing to do with Mr. d'Almada their asked his is produced, he must be considered, charcoal for cooking and kerosene the case. It was, Mr. d'Almada Worship to reconsider the sentence in the eyes of the law, to be in for lights in 1925, but kept the said, like throwing mud on the de- and commute it to a fine raying fitting on for emergency at he had fendant who was made to bear that Mr. Wadesoa bad told him noceat"
Mr. d'Almeda then went on to
seven children in the house. When the brunt of his colleagues' do that the Company did not intend say that according to Mr. L. J. gas was used his monthly consump falcation, and they had grievances to press the charge. Blackburn, manager of the Com- tion had come to about 200 or 300 against him.
Defendat, he said, had a good character and had been a faithful pany, it was only on suspicions feet à month, because half of the that be removed the meter. But night he was employed with his wife
servant. He had seven children to suspicions were not accepted as at the Queen's Theatre. He first doubt that the defendant had your support and it would be hard for
saw the dilapidated condition of
him to obtain employment in evidence in any Court of Justice.
Contiquing. Mr. d'Almads, eaid hin meter on the any when it was the theek he told me after the future. As it was the defendant In the ber He lie would be heavily punished event that no evidence had been pro removed by the Company. duced that the defendant had stolen
Cross-examined by Mr. Wadsson He is a cheat and a har. Had he were only fined. It could be in. gas. The only point which created defendant. said that he was aware he pleaded guilty at to comment possible for him to get work in
Hong Kong. the suspicion in the mind of the of the fact that by letting waterment, and not been unrepentant and defiant, I would have let him
1925 to the present/timo.**.
Magistrate's Decision. Mr. Lindsell: I find heyond
might well rise to Fame,
catch the breeze b
it's good Chinese and should
that highly particular dame. But it's prefixed by Tim you see, And followed by PhD.,
And so, for the life of me When I'd think of it seriously The obstacles seem not few,
Timothy Tinglang Lew. Timothy Tinglang Lew Sunk deep in my soul is the view I was born for greatness too. But I've nothing to court her with. for thes christened me plain John And neither balo nor myth Can gather around the head of a Or Jack or Jim, but Tim-trust him To rise to the top like you:
Smith
man with name like Ned
So I'm green with envy (or blue),
Timothy Tingfang Low! Timothy T
Pen,
Wadeson, Timothy Tinglang Lew Company was the statement of the out of the meter, passage of gas off with a fine. I senterice him to what have you to say about this? | My mude would still sing for you? meter readers who said that they could not be registered by the dial. 4 weeks hard labour on the charge could not obtain entry into defense admitted that, no water of stegting gas and order him to by my clients that as fans has been
Mr. Wadeson I and instructed But my master's lost his fountain dant's premises to make a reading had been put lato his neter from make restitution to the Company going on for years, and in view My dame has lost her's too: and that the defendant had sup- Mr. Wadeson: It was your dute to the Jum of 850, in default. of of the defendant's attitude, we are. Bo the only thing left to do entered in the books. But have to send out all the bills, including which, he will have to do another not inclined to be lenient. In to wish reluctant adieu
4 weeks. On the second charge, 1 Mr. Lindsell' quite agree with
To the haunting lilt that is you, the prosecution proved what the the one to yourself? Yes.
Timothy "Tingfang Low! Mr. Wadcson: And you received find him 850, or 4 weeks in default yon. The defendant has been very defendiat had stolen in the shape
(Continued on next Colum.) defiant. of gas. The figures are there it at your house and paid it 7-Yes
hlied them with the figures to be
JEM.