APPEAL FAILS.
DECISION OF PUISNE JUDGE TO STAND.
ULL COURT JUDGMENT,
An appeal against a judgment of Mr. Justice Lindsell which was recently argued in the Full Court before the Chief Justice (Sir Joseph Kemp) and the Acting Fuisne Judge (Mr. Justice Land scll) was dismissed yesterday. The appellants were the Chip Chung firm, against whom judgment was given in the Lower Court for 8410.80 in an action brought by the Cheong Fat Loong Kee firm for cost of picca-goods sold and de-
JUNE
WILL SHE BECOME AN
AMERICAN?
Lady Inverclyde, better known under the stage name of June, who has flou a divorce auit against Lord. Inverclyde under the now six weeks' residence law in Reno (Novada), is registered at an betol there as Mrs. John Burns, using the family name of her husband. Mental erucity is given as the grounds for the action.
HONG KONG DAILY PRESS, WEDNESDAY, JUNE 10 1931
MURDER APPEAL
SUCCEEDS.
MYSTERIOUS & DRAMATIC CASE.
SCENE IN COURT.
London May 20-Fer the Grab second occasion since the Court time for 20 years (and only the
was set up in 1905) the Court of Criminal Appeal acquitted yester day a man who stood sentenced to death for murder. "A two-days fight for life had succeeded,
I stood but two yards away from the William Herbert Wallace, middle aged, scholarly-looking Liverpool insurance agent, when this tall, gaunt and balow man,
Sho stated that she was waiting the service of papers on Lord In verclyde, and that she expected to return to the London stage in a now musical remedy in August.
Under New York law, Reno divorces are not recognised unless both parties are in residence there, Remarried persons are nut . pro- In the Full Court the appellants outed for bigamy, but cecasion were represented by Mr. Locally legal trouble, arises over chil-who played chess and took violin "d'Almada, fun, instructed by drons inheritance.
Mesars Lo and Lo, and Mr. H. G. Lady Inverclyde, it is stated, Sheldon, instructed by Messra is undecided as to whether she will Russ & Co., appeared for the rea-seok United States citizenship. pondents.
livered,
Discussing the legal position, aa authority on divorce law said to
reporter:
The Judgment, Sir. Joseph Kemp said:-This is
"Residence in Novada to obtain an appeal on the ground of law from a decision of Mr. Justice divorce is not reccgnised in our courts. A wife is domiciled in law Lindsell, P., sitting in summary with her husband, and if she gets jurisdiction, giving judgment in favour of the plaintifis. The facts a divorce elsewhere, and married aro stated in his judgment in the again, it is not recognised here,"
Whon Lady Inverclyde petition- Court below. There was no appealed for a nullity decree in the on the ground of fact,
The first ground of appeal was that there was no evidenco on which the learned Puisne Judge could find that the defendants had held out Lam Yau as having autho- rity to pledge their credit.. I think that this ground fails. It was -ad-. mitted, and it could scarcely have
lessons, heard he was free writen the News Chronicle special corres pondent, Wallace had been montano ed to death, for the alleged murder of his wife, who was found in their fat battored to death.
I have never, never seen or hoard anything more tensely dramatic. One hardly dared breathe.
DRINKING HABIT AT OXFORD.
THE "ISIS IS FLIPPANT.
THE ELECTIONS IN LOS ANGELES.
MAN CHARGED WITH MURDER DEFEATED.
The following article on the Los Angeles, June 3-Mr. David drinking habits of undergraduates Clark, formor District Attorney of at Oxford appears in the "Isis," Los Angeles who is awaiting trial the Oxford undergraduates jour-on a double, murder charge, to-day pal
was defeated as a candidate for election of municipal judge.
caived 05,774 votes.
Judge Charles McCoy, the on-
ceived and m
"It was G.E. Cheaterton who
drink because you are happy. It said, wo think, that you should
was Omar Khayyam, we are sure, who intimated that you should drink because you are sad
Bay
People in Oxford (and by that we mean undergraduates) drink for neither of these reasons they drink out of habit, for the gentlemen at residence at this University are rarely happy and are rarely sadr
"18 would be going too far to that they are mainly drunk, because, for know, some of them are drunk only very rarely, and some (for all wo know) ara nover drunk at all, but the fact remajae (apart from Buenos Aires and the higher, circles of Chicago), there is a more castant high level of intoxication in Oxford than anywhere else in
«Sudden Liberty,
The Lord Chief Justice of Eng. | the world.. land (Lord Hewart) and Justices English courts last year it was Branson and. Hawko had been out successfully resisted by ner husband on the ground that, being domicil- of court conferring for 45 minutes. od in Scotland, both were outside the jurisdiction of the English courts.
"Dificulty, and Doubt,"
boon denied, that the defendants FILIPINO SENT TO GAOL. speak more slowly than any man sent Lam Yau to make that repre- sentation to the plaintiffs. He
visited the plaintiffs and he ob- MAGISTRATE'S COMMENT ON tained goods from them on the credit of the defendants. It seems difficult to avoid the inference that
he raado the representation which
WOMAN'S BEHAVIOUR
all We
"For Oxford is full of young men who for the first time in their lives have been released from tho When they returned, looking ex-suspicious tutelago of wary and traordinarily „grave, even for argas-eyed schock-masters, and a Judgos, Lord Hewart began to sudden liberty is invariably the I have ever heard.
preludo to the most remarkable Wallace atcod, hands behind him, folly. But apart from all this lips compressed (cuco ho moisten there is an extraordinary tradition ed them), looking at the judge. Ee of drink in this "town-this "gate was strained and suffering, but he did not betray himself.
way to heaven,' this 'eity of the When Lord Hewart said, reMuses, this 'Mecen of learning" ferring to the Assize trial.”. “It would not have been at all surpris ing if the result had been an ac quittal," that the case was eminent ly one of difficulty and doubt, and again, that they wore not there concerned with suspicion, however grave, or with thecries, however ingenious, a man nour whispered "He's getting off
In his evidence before the Kow he was sent to make, though he loon Magistrate yesterday, Pedro may not have done ac in express Bohoy, a Filipino, who was charg- words. In any case, it cannot bend with having harboured a mui said that there was no evidence.
That representation was never tai, said that he was introduced to the girl by a woman named negatived until it was too late, and Rosa. As the girl was staying with I think that it must be regarded de having, vis-a-vis the plaintiffs, Rosa, he thought the latter was continued during the various pur. the mistress, particularly when she chases to which the action relates, said that Ah Kam (the girl), had and as having caused the plaintiffs, no parents and that if he wanted on the occasion of each order, to to marry her, she could make the necessary arrangements. He did alter their position for the worse. That being so, the defendants are not, however, marry the girl. estopped from denying the autho rity which they held out Lam Yau as, possessing, unless they can show that this prima facie estoppel is excluded by some other considera-had a legal guardian. The defen- upon the fairness of the police,
tion.
Rosa Ma, in the box, said the girl wont to her house to look for work and had stayed with har over since. She know that Ah
Kam
dant also came to stay with her -and-be coupled the same cubicle Second Ground of Appeal... as the girl. Witness denied hav- This introduces the second ing offered to make the marriage ground of appeal. It is remarked arrangements. that a party is not estopped by a Remarking that the greater part representation induced by the mis- of the blame belonged to the wo- representation of the other side, man Rosa, the Magistrate said that and it is pointed out that the plain he had no option but to convict tiffs, by issuing notes which were the defendant and accordingly sent not in the usual form for credit him to prison for three months sales, misrepresented the sales as The woman's behaviour, said the cash sales. The remark and atate Magistrate, was disgraceful. ment of fact are undoubtedly oor
rect, but the holding out by the
"
defendanta, took place before the Farwell, J, in Dixon v. Kenna- misrepresentation by the plaintifa as to the nature of the sales. The way (1900) Ch at P., 840, was holding out relied on by way of cited as an authority for the exist estoppel was therefore was induced ones of cross estoppel as a separate thing, He there stated that Èimon's
The tradition is not conven- tionalised; the ways and means are legion. There are, those who drink on Saturday evenings, there" are those who drink after a long and and arduous course of physical discipline (these are horrid); there are those who do not drink mildly all day. There are as we have But a momont or two later Lord observed those who do not drink Hewart began the sentence at all But these, Are, a rare race; There is not so far, as we can soo and they have to boar with all the any ground" there he paused and equanimity at their command the a sigh broke across the ecurt; but curious stare of their more volatile he went on, "for any imputation contemperarios and Wallace, whose chin had sunic alightly, raised it again.
.....
Splendid!"
up his traces. He must have had some substantial arrangements to make before he could slip out, ná he must have been splashed with blood,
"The conclusion at which we have arrived," said Lord Howart, speak
"I do not agree with any at ing with fewer pauses, "is that the case against the appellant, which tacks upon the police in connec we have carefully and anxiously tion with the conduct of this case. considered and discussed, was not. I think they have done their work proved with that cortainty which is with great enthusiasm and ability, necessary in order to justify a ver.but I cannot help thinking they dict of guilty...
wore guilty of an error of judg ment in not calling at least the two witnesses Jones and Wildman in the conduct of the prosecution.
The result is that the appeal will be allowed and this conviction quaabed."!
As the word "Allowed" passed Lord Hewart's lips Wallace's face lit up, as though sunshine had illumined a dark hill,
His lips broke in a smile, he
Question of Time. "The whole erims was só skil fully devised and executed, and by the misrepresentation of the Case (1870), 5 Q.B.D. 188, was a murmured "Splendid and, look, there was such an absence of any plaintiffs. Indeed, the plaintiffs' misrepresentation induced no re- case of estoppel against estoppel, ed at his brother sitting in the presentation at all on the part of but in that case there were not two well of the court, and sodded to the defendants, At most, it con- contending estoppels. It was not him in a delighted manner. in particular;" he added. The firmed the defendants in the belief, suggested that there could be any Assisted by the friendly hands of evidence was purely circumstàn which they had arrived at in estoppel against Burge & Co. It warders be walked down from the tial, and the jury must satisfy
was, sp for as this point is con- dock. The judges were still on the cerned, merely an instance of the bench. People rushed from court, principle of paragraph d above. It but no demonstration occurred; no must have been in that sense that cheers of, applause. Farwell J., used the expression "catoppel against estoppel.
Fourth Ground.
thing to incriminate anybody as to make it difficult to say that it could be brought home to anybody
doubt that the prisoner, did the themselves beyond all reasonable deed. Wallace had lived happily with his wife. and had nothing to gain by her death. The jury must. consider the narrow limit, of time. AT THE LIVERPOOL ASSIZES. Wallace would have had to do
JUDGE'S SUMMING-UP,
We take from the Manchester Guardian, the following account of the final scene of Wallace's trial at Liverpool Assizes and of the Judge's summing up :
everything in not more than ten
ninutes
reliance on the word of their own servant, Lam Yau, that they were doing business on a cash basis.
It might, perhaps, have been argued that the plaintiffs on their side wore estopped from saying that the sales were credit Bales. think that, the argument would
The well-known dictum from probably have failed, partly on the
Lickbarrow v. Mason was put for ground that the representation was
"It is perfectly true that if he not intended to induce the defen- ward as a fourth ground of ap
planned and executed this schemo dants to alter their position in peal. That dictam is very difficult.
he would have everything ready any way, and could not reasonably to appeal and I know of no case have been taken as indicating any where the decision reated only on
and would have gone into the way such intention, and partly on the the principle said to be embodied
of execution with the utmost pre ground that it did not in fact in that dietam. Lord Halsbury,
cision. But there was a lot to do. cause them to do anything. They who quoted an American form of
Within 20 minutes after, dressed, rio de fand with apparently unc sign of merely continued the course which the dictum in Henderson & Wil
After a rotirement of just over discomposure, he was seen on a they had already adopted on the liams (1805) 1 Q.B.; at p. 529, ex- Word of Lam Yau (without any 1909). A.C.. at p. 332, his surprise women, at Liverpool Arsites found he must have worked with light pressed in Farquharson. King an hour a jury, which included the tram-car. If he did this murder representation on the part of the plaintifle. The point, however, the case socmed to be under the im insurance
that two of the learned judges in William Herbert Wallace (59), an hing like rapidity would
agent, of WolvertonThe medical evidence was too was not argued.
pression that the proposition was Stroot, Anfield, Liverpool, guilty contradictory to attach any im.. Estoppel Against Estoppel," that any person who has enabled of the murder of his wife Julia, portanoa to it," added the Judge. Earlier in the day Mr. Roland another by any means to commit who was found battered to death There seemed to be a third a fraud must be the person to in her house on January 20, and Oliver K.G for the defence, had ground of appeal, based on what suffer when two innocent persons sentence of death was passed by declared, "We told the police there was referred to as if cross estop-are in question." As he proceeds. Mr. Justice Wright...
was a body named Wildman who pel" or "estoppel against estop to point out, it depends on the There was a gasp among the saw the milkboy on the next door pel." I confess I fails to appre-cash in which you are to under- epectators when the foreman of the stop. The police do acthin. It clate it as a separate ground. It stand the word "enabled" Here jury announced the decision, but is their duty to call all evidence is true that the above two terms I do not think that it can be said Wallace, remained perfectly cool, which can assist you to come to a are-used sometimes, but I think that it was the cash vouchers which and declared; I am not guilty verdict. It is a breach of their that thor exprem no more than thoonabled the fraud to be committed, I cannot say anything riso,”......... duty to pick and choose witness principle referred to in paragraph though they may have facilitated This murder, I imagine, must and to call only witness who help 4 above, ie, that a party cannot it, and though the issue of credit to almost unexampled in the anthom and stress their case. The rely by way of estampel on a re- notes might have checked t nala of crime," said Mr. Justice police wield great powers which presentation induced to his own For these reasons I think that the Wright in his summing up, "It ought to be exercieed fairly. Why misrepresentation. Indeed, Spencer appeal chould be dismissed with was committed in a house in have they not called all the wit- Bower, In Estoppel by Representa costs 122 Na populous, neighbourhood, and acnessen who would aastat tion, 1923, p. 193, says that is the.
lu any future oase, the full arranged and devised that, no tracers sald if the polico ware 16 Mr. Hemmerdo H.C.. lor' the meaning of the old formula that Court must be supplied with copies remains which would point to any call all the evidence which was
stoppel against estoppel doth of all the documents to be referred one as the murderer. There is no out the matter at large. There to or, in the case of Chinese ox race of a forcible, entrance, no worthless trials would be intermin seems to me to be no question ofhibite with copies of certified finger-prints, and no motive, Who oblo repudiats absolutely and two prima facie estoppels cancelling, translations ever committed the crime covered
Another out
Mr Justice Tändsell I agree (Continued on next Column.) with the judgment read.
(Continued on next Column.)
suggestion that the police have
been conching witnesses or suppres ing evidence, be deolared
He re
However, although Mr. Clark is to be fried in the Superior Court on charges of shooting and killing Mr. Horbert Spencer, an editos, and Mr. Charlos Crawford, a pol tient leader, he received 67,014 votes. in the election to day.
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