C
CARNELL PLEADS
GUILTY.
A MAGNETO OBTAINED BY FRAUD.
SENTENCE OF ONE YEAR'S IMPRISONMENT.
་་
A ples of guilty was tendered by Bernard, Joseph Carnell when be at the appeared in the dock Criminal Sessions yesterday, before the Puiste Judge (Mr. Justice Wood), on a charge of obtaining goods by false pretentes.
THE HONG KONG DAILY PRESS TUESDAY, MAY 20, 1930.
ROBBERY TRIAL AT NANKING READY TO LAUNCH MORTGAGE ANCIENT TOMB DUG
SESSIONS.
ONLY ONE MAN FOUND GULITY.
SENTENCE DEFERRED UNTIL
MONDAY.
SEIZE MACAO?
EXTRAORDINARY TIRADE BY CANTON PAPER.
CHINA ENDANGERED" BY PORTUGUESE COLONY.
DISPUTE.
"HE IS ONLY TELLING LIES!"
HEARING ADJOURNED TILL TO.DAY.
WILS
When the launch mortgage case resumed before the Chief Justice Sir Joseph Ramp) yester- day morning, evidence was given. to the effect that the defendant was not Ng Shing
UP IN SOUTH.
THOUSAND YEAR OLD RELIC AT SHIUKWAN.
COINS, EARTHENWARE AND JADE DISCOVERED.
An naclent tomb said to be more than 1,000. years old was recently brought to light at Shikwad,
The Nanking Ministry of Foreign Three men were on trial before a jury at the Criminal Sessions Affairs is ready to take back Macao, yesterday on a charge of robbery saya a Canton Chinese newspaper,
Some time ago, the authorities with violence. One man was diswhich says that in view of the fact
ordered that the tombs at Auton- charged at the commencement of that Macao is a notorious resort
tam, on the eastern outskirts of the the trial, as the Crown prosecutor of gambling, opium-smoking. im
The plaintiff, Chan Wo Po,' on city, be removed so as to make way agreed that the only evidence morality, and other illegal trades of
various descriptions and that it behalf of himself and all other part for the construction of the uncom against the man was that he was found to be living in the same hut harbours robbers and pirates, thus arrs in the Po Dr Company, Can-pleted section of the Canton-Han- as the first" accused. The third endangering the peace of the pro- ten, is suing Mark Chun Loongkow Railway. Last week, a num prisoner, who had an additional vince," the natives of Chungshan (allegedly falsely calling himself ber of labourers., while nt, work, charge of wounding the complain district, to which Maçao formerly Ng Shing) for the retura of the unearthed five oblong stone slates ant with a knife, was found not belonged, appealed, some months launch, damages for its detention measuring over ten feet each. The ago, to the Kwangtung Provincial and a declaration from the Court curiosity of the workers was arous guilty by the jury?
Government and the Nanking that the launch does belong to theed, the men thinking that perchance Po On Company, subject to the silver or gold might have been
buried underneath. Ministry of Foreign Affairs to re- cover the Portuguese Colony. The mortgage to Dr. Basto. Ministry is now ready to take bade the Colony, and the authorities of Chungsban district have received instructions from the Ministry to make investigations and gather proofs regarding the danger to China and submit some to the Ministry as a basis for opening negotiations with the Portuguese Government.
The charge was that, on April 3, 1030, with intent to defraud, he obtained from the Fiat Motor Com pany a magneto, by falsely pretend- ing to Barket All Hyder, the man ager, that a cheque purporting to be drawn by J. Hartley, which ac cused produced and delivered to Accused, Laa Sang, Lau On, and the manager, was a good and valid Heung Yung, all vegetable garden order on the National City Bankers, were charged with robbery at of New York for payment of the Nga Chin Wai, near Kowloon City, The on the night of April 11. stolen articles were clothing and $15.50 in money contained in Tattan basket, the property of Chang Ft. Heang Yung was further charged with stabbing Chang Fat with a knife, while Lau Sang faced an alternative count of receiving stolen property. All the accused pleaded not guilty.
sum of 8213.
When asked to plead, accused, "who was not represented by counsel,
pleaded guilty,
His Lordship: You took these goods and never intended to pay for them?--Yes,
Worthless Cheque. Mr. Somerset Fitzroy, for the Crown, stated that on April 2 this year, accused visited the garage and enquired for prices of magnetos. On the following morning, at about 10 o'clock, he went there again and was shown a Lucia magneto priced at 8115. He asked to be supplied with four of these magnetos, but was told by the manager that they had only one in stock. Accused then agreed to take this as well 43 Pirelli magneto, the total value being 8213.
D.
DAIRY FARM BUTTER TEMPTS COOLIE.
THIEF CAUGHT
RED-HANDED.
Opening the case for the Crown, Mr. Somerset Fitzroy said that the robbery took place soms time after midnight in a matshed where the complainant and his wife lived. They were asleep, and the man was awakened when he was struck by
A Dairy Farm coolie, who deliver some shirp instrument. Chang Fat would say that three men entered butter every morning at the his house, and he recognised the Hong Kong Club, noticed that after third accused as the man
who the delivery each morning, some butter was missing. He set a watch sträck the blow with a knife.
on Sunday morning, for which pur Shortly after the robbery, the At two o'clock in the afternoon.
pose he brought another coolie with he returned to the garage and said, first accused, Lau Sang, is scen on that as his landlady was out he the golf course carrying, a basket him to the Club. could not get the money, but short- and he is arrested. The second ac- ly before five o'clock he came back cused, Lau On, is arrested the same for the goods. He was then told right. No one saw these accused that the Lucas was the only one at the time of the robbery and they available, as the other had been have not been identified by the aent out, büt could be had in the people in the matshed. The only morning. Accused then removed evidence against the second accused the Lucas magneto after tendering was that he was found sleeping in.
ahut where the first accused lived. a cheque for 8213.
Having received the cheque, the' manager sent it to the Bank, but
While he disappeared inside the
place and premises, his confederate hid in a
convenient
watched
Mr. H. G. Sheldon, instructed by Mr. F. H. Lasety, of Messrs. Russ & Company, is for the plaintiff, while defendant is condueting his own case.
Giving evidence, Lai. Cheung, a of the Yuen Hop proclain shop, said that he knew the late Ng Shing, and that defendant was not Ng Shing.
The next witness was Mak Kay Cheung who claimed to be defendant's uncle and said that he got a job for him (defendant). Continuing, witness said that he had to go to Canton on business on January 28, 1929, but defendant, by means of a trick, obtained all. papers in connection with the launch before he went, and later mortgaged it to Dr, Basto.
When the stode sintes were re- moved, the workmen discovered an
This arched tunnel about five feet wide leading to an ancient tomb. underground.passage was built of. fac brick-work paved with stone. Several of the party groped "their way with lighted candles and soon found themselves in a square cham- ber, which contained neither cofit nor any evidence of human bones, but a chest containing a number of ancient coins." two yellow earthen bowls and two jade beads were, found. The coins, judging from the characters on their faces, were of the Sun Chung period of the Tang Dynasty, about 800 A.D.
Hundreds of people, as a result
the tomb daily. of the find, are now attracted to
BAD END TO JOY RIDE.
DISASTROUS CAREER OF MOTOR LORRY.
When cross-examined, witness agreed that on about March 1, 1929, defendant took some water police officers on board the launch and had him arrested. He was, however, re- leased the same night, and when at the police station, he heard defeu-
W. J. Simpson, a nineteen-year- dant tell the officer that his masterold youth, appeared before Mr. T.
was Chan Wan Po.
Mr. Sheldon remarked that this was a very interesting piece of evidence.
In reply his Lordship, witness said that although he could not speak the language in which de fendant spoke, he understood a few words of it.
This concluded the cross-examina-
.
S. Whyte Smith at Kowloon Magis- tracy yesterday for driving a motor lorry without an appropriate license and doing so without the permission of the asher.
The defendant pleaded guilty on both counts.
It was stated that the defendant, who had a "learner's license, asked
events. Shortly afterwards he saw coolie creeping up to the Dairy Farm lorry and, removing two pounds of butter, placed them in a bucket which he had with him. The hidden man then came out and caught the thief red-handed. Points in a Prisoner's Favour. The defendant tried to explain to Speaking about the third,, accus-the Magistrate, Mr. A. W. G. H. discovered that it was not a valided. Heung Yang, Crown Counsel Grantham, that he picked the butter order, as there was no account in said that the only evidence against up from the road near the lorry, tion, but Mr. Sheldon remarked the owner to let him take the lorry for a spin. Without waiting for the name of J. Hartley, Steps him was that he was identified by but Mr. Grantham pointed out that that defendant could not be allow the owner's consent, the defendant were then taken to trace accused, the complainant. In fairness to the even that was larceny, as it woulded to leave it at this point. He drove away. At Cox's Path, the and he was found on a Canton boat accused, counsel must say that the then be obvious that the butter had that evening just before it left..
man was arrested two days later fallen out of the lorry and the de when he was carrying on his normal fendant should hate repla d them. occupation in the vegetable field. A fine of $10, or 14 days' bardness) having been his foki, which was some 300 yards away labour in default, was passed. from the matshed where the robbery took place.
Mr. Fitzroy went on to refer to a previous case before the Police Magistrate in August last year when Carnell was charged with up lawfully obtaining money by false. ly pretending to be employed by the Dollar Directory Company. He was found guilty, ordered to pay 873 as compensation, and bound
over in the sum of 8230" to come up for judgment if called upon to
do so,
His Lordship (to accused): Do you admit that conviction ?—Yes.
Judge's Strong Comment.
Counsel also said that a witnese two points. First, that they be would be called who would say that lieved the complainant's story that Heung Yung lived in the same but he was stabbed by Heung Yung, with the accused, and at 2 o'clock and secondly, that Lau Bang was in the morning, at which hour it carrying the basket.
If the jury
His Lordship continued that, as- suming the jury were satisfied on those points, they had to be also satisfied, before they could convict on the first charge of robbery by two or more against the two pris oners, that there was a robbery and that the two prisoners took part in
was usual for the gardeners to was not satisfied on those points, start their work, the accused was in then it was their duty to acquit the hut still asleep. Referring to the the prisoners on those counts. question of identity, counsel asked the jury to bear in mind that the Addressing the prisoner, bia light the matshed was none too Lordship said:-It stems clear good.. from the facts that have been put After the outline of the Crown before me that you were pursuing a case, his Lordship observed that, systematic career of fraud. You having read through the records, be are charged here in respect of one did not think the Crown could pro- cheque but you had upon you, when ceed against the second accused. arrested, a cheque book containing forms which purported to be cheque forms of the National City Bank of New York but were, in fact, nothing of the kind. You had also second cheque, already filled in, prepared for use in your own hand
writing.
This is not the first time you have been before the Courts. You were before the Police Magistrate in August, last year, and the Police Magistrate then decided to
Mr. Fitzroy agreed, and the as- cased (Lau On) was discharged.
Allegations by the Accused.
it..
T
had told the Court that witness, joy "ride came to an abrupt ead, was a foki, and he had now to put when the driver, in an attempt to to witness the details of his (wit-avoid a lady, swerved and upset the lorry, damaging it to the extent of 8930.
What Was the Defence? His Lordship then explained that The "Magistrate imposed a fine the word fok: did not necessarily of 83 on the first count and 810 on mean that witness was an employee the second summons. The question of defendant. He might have been of compensation for damages was a fellow-workman.
to be settled in another Court.
Assuming that foki did mean em- ployee in this case, Mr. Sheldon again put forward his submission, but he would submit (1) that de. remarking that either his witnesses fendant be directed by his Lordship had formed a conspiracy or else, to say what his defence to the ac-. defendant could have no defence to tion was and (2) that having made an admission in open court that the the action. If defendant's case was that he was Ng Shing, then witness witness Mak' Kat. Cheung was his foki, he should put to him, before would be his employee.
Continuing, counsel said that dehe (Mak) left the witness-box, the fendant had stated in court that details of his being a faki, he was Ng Shing and that witness was his employee. Ye in the cross examination, not a word had been
This was duly done, but witness denied emphatically that he ever was defendant'a joki, but in fact,
dant.
After an absence of twenty minutes, the jury returned a verdict mentioned about their relationship.he. (witness) employed the defen-
At the close of evidence, the two prisoners made statements from the dock. Lau Sang, while denying the charged of robbery, said that the rattan basket was not in his posses Judge. sien at the time of his arrest, there by suggesting that it was "plant cd" on him. Heung Yung denied that he visited the matshed that | night or wounded the complainant.
give you as opportunity to reform. He said that he was falsely accused Instead of passing sentence upon by Chang Fat, the reason being
His Lordship: Neither do I.
When defendant said that by joki
he rasant employee, witness said, "That is nonsense. I recommend-
of guilty against Leu Sang on the Mr. Sheldon ended up by saying first count of robbery by two or that he did not know what the de- more. Hung Yeung was found not fence was guilty on the same count. charge of Heung Yung, who left the
His Lordship directed the dis- Mr. Sheldon: Your Lordshiped him for a job, and employed this man in the launch myself. I ask dock with profuse bows to the doesn't, but I am entitled to it,
whether defendant be in person or your Lordship not to listen to his the first day, as your Lordship took court, and is only wasting time." not. I haven't said a word since Bonsense. He is tellnig lies in
Hearing Adjoumed. certain views, but if you need au thorities, I can produce them.
In reply to his Lordship, defen- Counsel later asked: Would your dent said that his case, was that he Lordship clear up the ambiguity by was Ng Shing, the owner of the asking defendant if that is his launch which was registered in his case1
name, He could call a man to
sang, his Lordship said that the Addressing the first prisoner, Lau jury had found his guilty of the crime of robbery by two or more. His Lordship added that he would consider the sentence and deliver it next Monday at 10,30 am.
Third Trial Adjourned. The third trial on the calendar
you, he bound you over in your that accused owed him money awing was adjourned until Monday. The own recognisances to come up for.
His Lordship: I would if he was to the failure of a vegetable, gaudenrized, HiTim is charged with a final fate was prove
prove it. Besides, the fact that he instead of earning an honest living ing busines? in you are found now, eight months
partners.. Inter, obtaining goods here by false pretences and making use of forged cheques.
It is my duty to pass sentence upon you and I do sot The sen- tence will be one year's imprison ment with hard labour.
Een they were aliviously weand butchernanda bəzi
Leung Lin, Shing during the 1925
Mr. Sheldon: Is this defendant striko. The latter, however, who was the principal witness at the going to be allowed to say anything Police Court proceedings, died from be likes? natural causes since the case was committced to the Sessions, It is understood that the accused will be represented by counsel at the trial.
In auroraing up, his Lordship told the jury that before they came to consider the indictments against the prisoners, they must be satisfied on
(Continued on next Dolumn.).
Mr. Sheldon added that he an- preciated his Lordship's difficulties, . (Continued on nézt Column,"
Sessions proved that he was the
owner.
The hearing at this stage, was adjourned until this morning, when: defendant will be given an oppor tunity to add anything further to the explanation of his defence, should be so desire..
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