12
PROSECUTION QUESTIONS
SINGAPORE J.P.
(CONTINUED FROM PAGE 5.)
Mr. Strellett: That is in the Straits Government Gazette. I don't think that that is on the library table of the gaol! I don't know why the question is asked.
M. Lindsell It says there that the defendant had resigned. I think the defendant can be asked if that is correct.
Defendant: That must be a cor- rect statement.
Mr. Lindsell: Have you, in fact,. resigned-I have nct. It is not correct to say that I have resign. ed.
Mr. Lloyd added that in connee- tion with this notice, the most re markable thing was that the letters "J.P." had been omitted after de- fendant's name.,
In the Soup." Defendant: It must be this trou. ble. They think that I am in the soup. I think the same thing ac counts for the Nanyang Bros. Altitude also,
His Worship: Surely you are not suggesting that the Government of the Straits Settlement have remov. ed your name from the list of Justices of the Peace without wait- ing to see the result of this ense?' That is what inevitably follows from your last answer?-Yes,
Was your name on the list last year? Yes, air.
|
You said that on your way down from Shanghai, Lam told you that he was going to stay on the Pënk Road. Why did you not tell me that in my office? There are very few houses on the Peak Road, you know I referred to the telephone "directory, and not having found. his name, I thought he was not living there.
You said you knew Mr. Chan Lim Pak. Do you know his family house in Hong Kong -He lives at 15 Peak Road.
Altogether Perplexed.
Mr. Lloyd (to the Court): I bet. tar state that I do not suspect Mr.. Chao Lin Pak of having anything defendant): Don't you think that to do with this man Lam. (To the it would have been a good idea to have told me that with a view to tracing Mr. Lam?-At the time I was entirely perplexed. I did tele phone to Mr. Chan twice from the Central Police Station.
THE HONG KONG DAILY PRESS, WEDNESDAY, APRIL 9, 1930.
Mr. Lloyd then produced to the witness the envelope, and letter which Mr. Lam is alleged to have written to the defendant, Pointing. to a crest on the lap of the en- velope, Mr. Lloyd asked defendant if the latter recognised the design, He also produced a few envelopes found amongst defendant's pro- perty, which bore a similar crest and was of the same size and shape. Defendant said he obtained the Do you remember what you told envelope when he was a passenger me about Lam Tin Yau in Mr.board the. x.s. Takada. Grimmitt's office? Yes.
Regarding the labels on the lug- gage Mr. Llyod drew the Court's attention to the fact that the labels to be found on what defen- dant claimed was his luggage were in a way identical with the labels found on the luggage of Lam Tin Yau. Mr. Lloyd pointed out that the one set of luggage contained falls from practically the same companies as the other set.
Could I have offered you any further facilities to find Lam -You gave me all the facilities I want, but I was perplexed and did not know what to do.
In answer to a series of other questions, defendant said his im pression was that Lam was a Can-
Lones:
Mr. Lloyd: And he told you in his letter dated March 1 that his mother was ill. Therefore if the date is correct on the letter, he was in the Colony on March 1. He was leaving suddenly to visit his sick mother and he was a Cantonese, The Po Tak Wharf is close to the Canton Wharf and not far from the Macau Wharf. As you had rea. son to suspect this man Lam, could you not have taken the Revenue Officers to find Lam on the Canton Wharf and the Macau Wharf According to his letter you would expect him to go off early -That would have been a good way, but I never thought of that.
1
Replying to another question by Mr. Lloyd, defendant said he had forgotter all about the keys until he was offered a seat in the Revenue Offer. Then something hard prad ded him in the ribs and be remem bered the location of the keys.
Mr Lindsell: Can you account for that curious lapse of memory All I can say was that I kept those keys in an unusual place.
Mr. Lloyd. When you handed the keys over to R. O. Ward, did you give any explanation to him as to why you did not hand them over: to him before 1-I did not explain to him.
Mr. Lloyd: How can you account for the fact that this man Lam Tin Yau, a mere acquaintance, en- trusted you with 49,000 worth of valuable cargo ?
Mr. Lindsell: That is a comment rather than a question. (To, de fendant): You agree that Lam Tin Yau was not more than a mere ac quaintance f
Defendant: Yes,
41
די
Mr. Lindeell (To Mr. Lloyd): It seems to me the proper way to ask this question is: "Why were you willing to take charge of these suiseases for a mere sequaintance
willing to take charge, but when I Defendant In fact, 1 was not looked for Chan (Lam's messenger), he was gone.
Mr. Lindsell: You did," in fact,
You take them.
allowed this laggage to be taken down to the wharf, therefore you were willing to undertake this service for a mere acquaintance? (No answer),
Mr. Lloyd (to defendant) I put it to you that Lac Tin Yau does
not exist?
Defendant did not seem to un-. derstand, when Mr. Lindsell ex- plained with: Apart from your own evidence, there is in "faet no" eri- dence before the Court that Lans Tin Yad exists?—I don't agree.
What other evidence is there 1--- He is in existence.
Mr, Lindsell: That is your story, bat do you agree that there is not a shadow of evidence to corroborate your story of the existence of Lam Tin Yauf
Mr. Strellett: In any case we know there is a man by the name of Chan who came to see" you
Defendant: Yes.
Mr. Strellett: And if we had that man Chan here, he could tell as if Lam Tin Tau existed?
His Worship He might.
After a woman who had come from Honam, had given evidence to corroborate defendant's state- ment as to the length of his stay in Canton, Mr. Strellett addressed the Court on behalf of the defence.
Els Private Life. Regarding defendant's private life," Mr. Strellett said that the proscention had produced nothing that could cast any doubt on it whatever.
to the
Mr. Strellett went on to say that, he thought the evidence of the C.R.O.' was merely the result of mutual gabble" and at another atory in which every person is very paint described it as "a garbled anxious to play a major part."
Continuing, Mr. Strellett said that the defendant had a mensitive knowledge of the position which he held. That was to "his mind a. position of influence. He had travelled with a large selection of letters from Government House, etc. The possession of these letters was consistent with his acquain knowledge or otherwise, Mr. Strel As regards defendant's guilty tanceship with Dr. Kotewall and lett asked if the defendant could Sir Shou-son Chow and others.
have done anything more foolish "Mr. Strellett emphasized the fact than walk right into the jaws of that the defendant's meeting with the Revenue Officers, as it were Lam Tia Yau was purely accidental with loads and loads of opium at and it was probable that the chance meeting on December 22, set Lamhe and where he had been searched. a place where he knew he would Tin Yau's mind in motion.
Mr. Strellett suggested that if the defendant really know the contents of the baggage he could have ar ranged for their removal to the ship in many ways, one of which was to have it sent through the Hong Kong Hotel and another was to hire a launch to take it off from Queen's Pier, where there were practically no Revenue Officers. The step which defendant took was not consistent with any knowledge of the contents.
His Worship was asked to rule out entirely the physical possibility of the defendant having prepared the baggage. The preparation had apparently been done on a careful scale.
As regards the question of whe ther the defendant had any know- ledge, that what he was carrying was contraband. Mr. Strellett said that the defendant had frankly admitted that he was in control of the suiteases. From the prosecu tion's point of view that would have heen enough. The prosecution, how ever, tried to go further than that and from the evidence given by Revenue Offeers, it seemed obvious that their intention was to put the "defendant in thoroughly bad
light.
Mr. Lindsell: You must remem-
Hot
ber that Mr. Lloyd's evidence was that outgoing luggage was suspicion. searched except on very strong
Suspected All the Time.
Mr. Streilett: Then all I can siy is that my client has been under strong suspicion all the time.
Mr. Lindsell: I do not believe that the defendant had ever been
Mr. Strellett here drew attention to the fact that had the defendant so intended. he could have asked Mr. Kotewall for another exemp-searched before. tion card on the eve of his depar tare, but he did nothing of the kind.
The" Kotewall Motif,"
After dealing with the conflict of evidence given by the Chinese Revenue Officers, Mr. Strellett drew attention to what he described as the Kotewall motif" that arose out of the whole evidence of the Chinese Revenue Officers. The C.R.O.'s have seized upon that name and have put it in various disguises. In one case he was to get out of his bed and frighten them off. In another case, Mr. Kote wall's card was an exemption per; mit. In another connection he had ziven the card to a friend and Mr. King's name had been introduced, and in yet another case the defen-
dant had to run away and tele-
phone for Mr. Kotewall.
With regard word "resigned", in the Gazette, Mr. Strellett thought that was pre bably a euphemism. The defendant had no reason to doubt his position
Mr. Strellett coptended that there when he left Singapore in Decem-coctions. He submitted that the was some motive for. these con- ber.
There was
letters which was correspondence a large bundle of between the defendant and the Government House and the General, which was available to the Court and, which would prove beyond question the defendant's standing. Mr. Strellett. added: "If you are not a J.P. and you claim you are, it is a foolish lie to tell here."
concoctions were calculated to leave. dant in returning to the hotel. He out the real motive of the defen thought it was a most disgraceful secumulation of evidence calculated to deceive the Court.
agreed that the evidence of the Mr. Lindsell pointed out that he
reliable but he added that it was Chinese Revenue Officers was -
not to be entirely discounted.
Mr. Strellett said that Mr. Kote- wall bad told the Cours that the complaint had been very common. He pointed out grounds on which | there was reason to believe that out- going Juggage Was Very often searched and he asked the Magis: trate to re-consider, the point.
Continuing, Mr. Strellett said that another point in defendant's favour was the fact that he could not have hoped to conceal six large suitenses containing contraband with three small suitesses contain ing his personal tuggage.
At this point (6.35 p.m.) Mr. Lindell said: I must interrupt, Mr. Strellett. If you are going to go on much longer, I must ad- journ.
still have any doubt in your mind, Mr. Stellets; If your Worship I must leave no stone unturned.
Mr. Lindsell: We have been here human endurance. four hours and that seems beyond
NEGLIGENT DRIVING
CHARGE FAILS, P.IV.D. OVERSEER ACQUITTED
OF RECKLESSNESS.
As the Central Magistracy yes terday, Mr. F. Baker, an orerseer of the Public Works Department,
GIRL SOLD BY HER OWN FATHER.
יד.
PURCHASER PLEADS GUILTY.
Pleading guilty to having pur- chased a girl as 2., bags, a Chinese woman, Man Cheung, was Sined $100, or two months' imprison-
Mr. H. R. Butters, who prosecut- ed. said that the Police raided the
had to answer a summon of neg ligent driving brought against him... Traffic Sergeant George said at 11.05 am on March 30 he was on cycle patrol duty, with Inspectorment, by Mr A. G. H. Granthaın Floor in the sidecar, and was. at the Central Magistracy yester- travelling down Western Street. Half way down the incline he saw
day.
about 15 to 15 miles an hour. defendant awing found the corner He submitted that there was neglig-basement of 45, Elgin Street, on ence in driving through a congested April and found that defendant feudant swung so far into the centre street at that speed. Further, de was keeping the gir there. De- fendant handed over the document corner he had again to swerve to of the road that in turning the
covering the transaction on the girl and explained to Inspector J. his left. Defendant almost went Murphy that the girl was brought into the gutter but recovered him-
down from the country by her self and swerved to the right. He.
father and sold for $113. The deed proceeded for some distance up
was made in the hame of defend- Western Street before witness pullant's husband, who is now in Singa- ed him up. Defendant must have seen the skid marks caused by his
car.
Inspector Bloor also gave evi- dence and held that defendant did not sound his horn and that he swung round the corner at a speed of about 20 miles an hour.
In his statement to the Magis trate. Mr. Baker said: I actual. ly took the corner in the centre of the road, but there was a Chinese woman standing about two feet sounded my horn several times to from the pavement at the corner. I
attract her attention, and she even- tually turned round, saw me and just stood still. Sounding my horn, I had to slow down.
pore.
For the defence, Mr. A. E. Hall submitted that after reading the deed of sale he had no alternativo but to plead guilty. His client had purchased the girl without knowing that she was committing an offence. She was quite prepared to return to girl to her people or to the Po Leung Kuk.
*TO-DAY'S WIRELESS
PROGRAMME.
BROADCAST BY ZAW. OS.
935 METRES,
11 to 11.30 a.m.-Commercial Newa. 12:00 to 1.30 pm.-Demonstration
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I estimated my speed around the corner was 12 miles an hour. I I had just unpacked, and could was driving a brand-new car which hardly have been negligent with that. The point raised by the pro-1.30 p.m.-Weather report. secution is that I swerved to the teft. I don's know whether they intended me to go into the middle of the road. Actually, I swerved to the left because I saw the motor-
find acgligence sufficiently serious rele coming down."
The Magistrate said he did not. and dismissed the summons.
Mr. Strellett then asked if his The two main points in his Wor- ceedings by indicating on Worship could cut short the pro- ship's mind that stuck out to make points his Worship was not clear.
what it dificult to believe in the defen- dant's innocence was firstly the keys His Worship pointed out that and secondle the question of the there were inaccuracies and dis-envelopes. His Worship concluded Chinese Revenue Officers. but he with the defendant especially in crepancies in the stories told by the by explaining that the onus lay
evidence three weeks after the event. pointed out that they gave their respect of those two points.
(Continued on next Column.)
The case was adjourned until Thursday at 11.30 a.m.
3 p.m.-European programme of Victor records supplied by. Messrs. Houtrie & Compony,
4 to 7 p.m.-Chinese programme. 7 top.m.-Experimental pro
gramme.
p.in-Evening weather report.
Piano Recital by Mr. H. Ore:- 1. (a) 32. Variations in C Miñar, b) Eccossaises and (c) Turkish March. Beethoven.
2. Second Sonata, Chopin (Mr. H.
Ore).
3. (a) Etude in C Sharp finer, (b) Etude in E Major and (c) Etade in DSharp Minor, Scriabin; (d) Second Hungar Rhapy, Liszt (fr. H. Ore).
Victor recorded programme supplied by Messrs. Moutrie & Company.
10.30 p.m.-Close down.'
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