6
HONG KONG DAILY PRESS, TUESDAY, DECEMBER 23, 1930.
The Mestle Milk Company wish everyone happy Christmas and beg to offer two Suggestions in the hope that they will be Instrumental in making the festivities more enjoyable.
I Mince-pics - and Cbristmas puddings are 'at their best when served with freeb rich cream - Serve Restle's Pure Thick Cream.
II-The question of what to give as a present is always difficult to solve: a box of Mestle, Cailler er kobler Chocolates is always sure to please. (And don't forget the Nestle's Assorted Chocolates and Milk Chocolate for everyone to enjoy.)
Coffee is most acceptable when made with fresh milk and no milk can rival Nestle's Natural Swiss Milk for purity and goodness. Gerber's Petit Gruyere Cheese makes delicious party sandwiches —but all that, as Kipling says, "is another story”
LAST
FEW DAYS
MIZUMA PEARL EXHIBITION
All Qualities
J. ULLMANN & CO., Chater · Road.
ACQUITTED AGAIN! the offect that he had employed T.
SESSIONS TRIAL OF AN
OLD CASE.
JURY DECIDE AGAINST THE CROWN,
Crown Reply and Verdict. K. Loung as a canvassor at a salary
Arguing at length on legal points, of $60 a month. The engagement Mr. Fitzroy submitted that the lasted from August, 1929, to March, defendant had never been in jeo pardy nt his trint, and that the 1030, and Leung was given a cheque making of the voucher on April 9, for 8820 for which he signed a re- or other date which has not been established-in-ovidence, and utter. csipt the same day.
At the conclusion of Mr. Granting on May 17 were entirely dif-
ferent offences. ham's evidence Mr. d'Almada want-
Following an observation by his ed to ask him if he considered that he could have convicted the defend Lordship as to whether the defend- ant of uttering the forged document int had been, throwing dust in their by producing it to the complainant eyes between April and May 17; even though Mr. Grantham decided Mr. Fitzroy raised a smile with the remark: If the defendant had that defendant did not forge or concur in the forging of the docu- en honest he would have put the
money back."
mont.
His Lordship ruled against this question, eaying that Mr. Grantham could not be asked to give evidence on law, which was for him and the jury to decide.
Important points of Inw were argued at the Criminal Sessions yesterday when the jury wore asked to decide for or against the Crown in a plea of autrefois acquit ten- dered by the defence. Evidence to clear this point was given by Mr. A. W. G. H. Grantham, Police Magistrate, and at the close of tho
His Lordship then asked Mr. day's hearing the jury decided Grantham if he had considered the against the Crown, which decision possibility of convicting the defend. resulted in the acquittal of the deant on the charge now brought be fore him and Mr. Grantham replied fendant without hearing evidence on that he had not. the indictment,
Kwok Chun Shing, a former man- ager of the Health Service Intel- ligence Bureau, was on trial before the Acting Chief Justice (Mr. Justice Wood) and a jury compris ing Messrs. M. G. Marriott (fore man), J. E. Hansen, H. Spicer, Li. Leung, Fung Kai Leung, Wan Wai Yin and A. F. Assis. Mr. Somorect Fitzroy WRE for the Crown, and Mr. Leo d'Almada, jun, instructed by Mr. F. X. d'Almada, sen., defended.
Address for the Defence.. In his address to the jury, Mr. 'Almada submitted that they had: to consider three points in respect of the plea. The first was that the defendant was in peril of conviction at his trial before the Police Magis trate. The second paint was that there was a final verdict at a com- petent Court by which he was dis-: charged on all 22 charges. Thirdly, they had to consider whether the charge of uttering a forged voucher was not similar in substance to tho charges on which he had been ac quitted.
The indictment was that Kwok Chun Shing did utter a document on May 17, 1030, purporting to be a
Counsel also submitted that if voucher signed by one T. K. Loung, Mr. Grantham so desired he could dated April 9, 1930, knowing same to be forged and with intent to do have convicted the defendant of the frand. The complainant was Siow offence for which he was now on trial under powers given him by Chung Ling, his former employer.
section 29 of the Magistrates' Ordi- Before calling Mr. Grantham to give evidence, Counsel for the deance. As the defendant had been fence explained that he was press his plea of autrefois acquit was discharged on a co-related charge ing his pica of antrefois acquit, na
good. the defondant was indicted on a charge closely resembling charges on all of which he had been acquit- ted by the Police Magistrate. There were charges altogether against the defendant, but Counsel would only refer to charges 4, 5 and 6.
Magistrate As Witness.
In the afternoon, on his Lord- ship's directions,, Counsel for the defence explained to the jury that the defendant was, acquitted by Mr. Grantham. The complainant was given leave to appeal, and he then brought a summary action claiming a sum of money in which Mr. Grantham, giving evidence, the $820 was included. This action said that he was acting Police was adjourned sine die. Other pro- Magistrate last May when the de- rodings were brought before an- other Magistrate, Mr. Butters, at fendant appeared before bim on 22 which the plea of nutrefois acquit different charges, on all of which he was acquitted after hearing evi- was upheld. On this decision the dence. Dealing with the three Full Court of Appeal, which direct- complainant appealed before the specific charges, witness said that charge was that Kwok Chaned a re-hearing, and the defendant was finally committed for trial by Shing, on or about April 9, 1930 Mr. Lindsell, as an employee of the Health Ser vice Intelligence Bureau, stole 8520. Charko 5 was that on the same date the accused did wilfully or with in tent to defraud anke or cause to be made an entry that $520 had been paid to one T. K. Leung; Charge 6 was that the nerused forged a voucher dated April 8.
1930.
Witness proceeded to cite the evidence given by the complainant and two other witnesses for the prosecution. The defendant also gave ovidence at the hearing up to
Continuing his address to the jury, Mr. d'Almada said that the essential ingredient in charge 6 was an intent, to defraud, forgery, or knowledge of forgery, and he sub mitted that the ingredient was the same in the charge of uttering a forged voucher.
In conclusion, Counsel asked the jury to consider, whether the defend ant could have been convicted be- fore Mr. Grantham and if the pro- sent charge was not the same as at least one of the charges on which be had been previously convicted.
Ready for Chrisln
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Strawberries
Blackberries....
Loganberries Red Raspberries Bartlett Pears
Y. G. Peaches:
Sliced Pineapple
Crushed Pineapple
Greengages
Egg Plums
Grape Fruit
Beetroots
Carrots
Sauerkraut
Spinach
Sugar Corn
Tomatoes Sugar Peas
Asparagus (Hammouth White) Succotash
Asparagus Tips
Lima Beans
String Beans:
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After the summing-up, the jury considered their verdict for about avo minuets, and decided against the Crown.
In discharging the defendant his Lordship, remarked that the advice which he gave the jury was not in any way at variance with the opinion of the Full Court expressed in provious proceedings
KOWLOON "BUS FATALITY.
MISADVENTURE" VERDICT
·AT INQUIRY,
"Death by Misadventure" WAS the verdict returned by the jury which sat at an inquiry into the circumstances surrounding thor death of Lau Kai Ching, a 13-year- old student of Yaumati Government School, who died from injuries re- ceived on account of his having been Road on December 3. The inquiry knocked down by n bas on Natana
waa holl at the Kowloon Magis.. trney, Mr. H. R. Butlers sitting an Coroner.
"Evidence" given by the driver of the 'bus was to the effect that de- ceased dashed into the rond sud- donly only a few feet in front of the bus. Witness applied both hand and foot brakes, but he was. too late. The 'bus' was going along at a speed of. 12 miles per hour.
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