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HONG KONG DAILY PRESS THURSDAY, MARCH 28, 1935.
JUNK PIRACY CASE
Two Acquitted: One To Serve Ten Years
NINETY - MINUTE DELIBERATION
Two out of the three accused charged with murder of Chan Tai Li on board a junk on January 15 were acquitted yesterday at the Sessions. The third accused." Kwok Kan Hi, was releas- ed in the morning when his counsel Mr. W. N. Thomas Tam successfully admitted that he had no case to answer after the jury and His Lordship had visited the junk.
The second accused. Ho Wior was acquitted upon the Jury returning a verdict of not guilty" agalust him while the first secused Chan Che was found guilty of "manslaughter”; and, was sentenced to a term of ten years hard labour.......
A formal protest was lodged by Mr. D. MeNell on behalf of himself and Mr. Leo D'Alma da 'Jr., when the foreman of the jury asked whether an interpreter could be supplied to explain the difference between manslaughter and murder to a member of the jury.
Mr. D. McNeill represented the first accused while Messrs Leo D'Almada, Jr. and W. N. Thomas defended the second and '.. third secured respectively.
DUKE OF YORK
And Child Of To-day
Around the Courts
HERO WORSHIP!
FOUR MONTHS PRISON
Charged before Mr. Schofield A large wooden showcase figured The adaptablilty of modern yesterday with breaking and en- as an exhibit at the Kowloon youth to machinery and the de- taring a matshed as Wong Chur" Magistracy yesterday when Cheung velopment of the mechanically-Hang village, Aberdeen district, an Po Kong, aged 22, unemployed, ap- minded child were referred to by unemployed man, Leung Shun, ageda peared "before" Mr. B. L. Wynne- the Duke of York at the dinner se years pleaded guilty and was Jones, and sentenced to six weeks' of "the Institution of Civil Esentenced to four months hard hard labour for larceny. gineers in London, labour: A charge of being, in pos- "The child of to-day," he said, session of a knife was withdrawn 143 surprisingly mechanically
by Sub-Inspector "Armilts, who ap- minded, and modern toys often peared for the prosecution. Whilst cause the adult to wonder whether in eustody, accused attempted to he will be able to assist the small person in his ambitious en- deavours...
commit suicide.
|
The defendant was charged with stealing the showcase, the property of Wan Chak Man, an artist, from 649 Shanghai Street yesterday.
*On, being charged defendant pleaded guilty, and said he wanted the picture in the showcase," "be- cause he thought that it was the photo of General Chan Ming Shu Detective-Sergeant Kennedy ap- peared for the prosecution and stated that the defendant way ar-
Suicide Attanipt It was stated that hoching was "Youth in industry can adapt itself much more quickly to new stolen. The defendant, was arrest machines than in days gone by.ed within Afteen yards of the scene This is probably only another of the burglary and the knife was example of how Nature soon found in his possession by two wit teaches us to become familiar withnesses. There was no police eri-rested about 6:40 am on Tuesday. dence to this effect. The complain- while trying to sell the case in a ant was Chan Tam, aged 73, amarte dealer's shop. vegetable gardener, who rented a piece of land from the Government.
our surroundings, pr
"Part of your charter explains your society as being one for the general advancement of mechani-
B1 Armitt added that at 9.25 cal science, and claiming you gentlemen as having the art of P. on Tuesday the defendant directing the great sources. of attempted to commit suicide in the power in Nature for the use and cell of Aberdeen Police Station by
hanging himself with a singlet.
convenience at mai'
"I congratulate you on your 117
which has added greatly to the material civilisation of mankind in this country and throughout the Empire."
years of useful achievement, STEALING PINE TREES
SECRET MARRIAGES
Bunmoned for falling to report
the intended marriage of 's regis
tered “mul taal,” Leung Chak Kuk, Tam Ho Shi, a married woman of No. 10 Hing On Road, was yester-/ day fined $50 by Mr. W. Schofield, at the Central Magistracy,
The Chief Justice, Mr. Justice was seen m board by Leung Kam, A.D.A MacGregor, accompanied he is equally guilty of the crime
i' and jury.
Took No Part by counsel, witnesses inspected the junk at. Queen's Mr. McNeal stated that the Pier before proceedings in Court only evidence against the first de- "fendant was that of Leung Kam's resumed yesterday.
All three counsel, "on: their re- sworn statement. She had not
*I ask Your Worship to take a Lo Kim Ho, a clerk, of No. 3 Bul Court turn to
submitted that only given contradictory state
serious view of this case; about 40 Wah Terrace, was also summoned there was no case to answer, and ments but also during the night
trees have been felled in this for the same offence in relation to that their clients should be ac- of the crime in which chaos reign-
British Character
plantation during the last few | Chan Tung Ling, a registered “mul quitted at this point in the trialed she could not have seen the
Sir John Simon said that the days," said Mr. K. W. Forrow, teal," but the case was adjourned- Mr. McNell said the Crown had defendant. The man was seen failed to establish their case and holding a revolver and was said Government in the last three years Assistant Supervisor of the Botani- "sine dle," due to the sosence in
committed to have struck the deceased on had had to face a more difficult cal and Forestry Department, when Shanghai of the defendant. that the murder was
For failing to report the intended by one of the men not in custody the head with the butt but medi-collection of problems than any two unemployed men were brought who accompanied accused. The cal evidence had shown conclu- other Government was likely to before Mr. Wynne-Jones at the departure from the Colony of s. 20- Kowloon Magistracy yesterday, on gistered 'mni tsai," Kam Ping Fan, evidence of Leung Kam, the chief -sively that the wounds were caus- have in time of peace.
Britain's recovery, he went on, a charge of having unlawtni pos-Chan Wun Hing a married woman, Crown witness, was so contradiced by a chopper and his submis- tory to be unacceptable to the ston was that one of the other was due not to politicians, but to session of 190 cattles of pine tree living at No. 100 Queen's Road the British wood, suspected as having been West, was fined $10. Inspector jury.
men on board had inflicted the the character of that wounds and that he was on board people. "Nothing has so impress- stolen from No. 8B Government Fraser stated that the girl was very Mr. D'Almada submitted
ed the observers of the world in | Plantation on Tuesday. there was nothing against the but took no part in the crime.
the fact Both defendants, Kwan Kan second accused but a strong sus- Mr. Leo D'Almada, Jar, for the these last few years as
that the that this country and its people aged 36, and Wong Kwong, aged picion, and if his Lordship allow-second accused ed the case to go to the jury it question of common intent must have been able to keep their 31. pleaded guilty, and stated that would have to be with a direction be proved. There was no evidence heads, their courage, their prin- somebody had already felled the to acquit. Such a procedure was on which one could base except ciples and their institutions, while trees, and that they saw them and
in so many other lands in these began splitting them with axes. only prolonging the agony. The
swirling, wrecking times we have: It was stated that four trees, each Crown had only established that
about 15 years old, and valued at Ho Wing was on the boat, but was
seen changes and reversals.
$40. had been felled. not sufficient to say that he was connected with the murder.
No Evidence
Mr. W. N. Thomas Tam, for the third accused, briefly submitted that there was no prima facle against his client and that there was no evidence of a common de- sign.
Mr. Fraser said he did not wish to oppose very strongly the sub mission made on behalf of the third defendant, In the case of Ho Wing, however, Leung Kam had been emphatic that he was the man who was steering the boat in which the accused made off after the attack, and this was suficient evidence that be was in accord with the actions of his companions to put the case before the jury.
His Lordship Bald he
was against the submissions of Mr. but McNell and Mr." D'Almada, did not feel justified in allowing the trial of Kwok Kan Hi to pro- céed further. He would accord- ingly be discharged:
No evidence was offered for either of the remaining accused, Mr. McNeill remarking that he was relying on the weakness of the Crown case
Unexpected Turn of Events
on the
said
evidence 'assault. The
been consistent throughout had and the Crown must prove that the persons went there to carry out their intent at all costs...
Judge Sums Up
Summing up at length His Lordship said that he had review- ed the whole evidence, and if they were to be convicted It must be on the evidence of Leung Kam The first accused was seen near of the Castle Peak on the day
The statement., which he made and implicated the second defendant was not admissible at all. If the jury was satisfied that the accused was there there were four possibilities of common in- tent.
crime.
Ы
With reference to the second defendant. Leung Kam's evidence had been very interesting. When she was questioned by Mr. D'AI mads she told practically the same story throughout..
There was no suggestion that either or both of the accused had used the weapons and at no time was it suggested that either or both of the accused had used
the weapons and at no time was It suggested that he had had taken part in the crime except when the boat was sailing away
and he was seen at the wheel.
Accussed quite possibly had been there as he had said he was asked to see Chan Tal by some one else Mr. Fraser in addressing the and when he realised that they Court that there were two motives, were attacking the boat, took no for the crime, one for robbery part in it and did not trouble and another for assault, the crime stop the murderous attack because of robbery being actuated by the he was under no obligation fact that it was near Chinese The duty of the jury was that New Year. The revolver was pro- they must be satisfied that either duced with the intention of strik- one or both were guilty and ing terror so that they could pro- they are guilty of murder they ceed with the robbery unmolested. must be satisfed they took part There appeared to have been some fa the murder, robbery or felony opposition and in order to over with common intent." come this unexpected turn off there is a genuine doubt that events, they resorted to force, he was not there for a common
FLAGSHIP ARRIVING
TO-DAY
well treated.
+
•
Lab Poo Fal, 33, a wood carver, appeared before Mr. Thomson at the Central Magistracy yesterday. charged with assaulting a fellow worker, Pin Cheong, at · Nk On Terrace, occasioning him actual bodily hard Detective-Bargi; D. Fitches stated that it was alleged A fine of $30 each, with the al- there was a quarrel and complain- ternative of one month's hardant struck the defendant, who, in labour, was imposed.
T
turn, picked up an axe and hit the complainant on the head with it. The case was remanded to Batur
HMS. Kent the Flagship of MANSLAUGHTER CHARGE day morning. Commander in Chief of the China Squadron with Admiral Sir Fre- The date for the hearing of the derie C. Dreyer on board is ex-manslaugnter charge against Mr. pected to arrive in port this morn- A. EI Ainsworth was fixed for to- ing after a visit to Malaya and D. East Indies. With the Tagship is E. I Wynne-Jones at the Kow- day week at 2.15 pm. by Mr.
HMS Flamouth which had been loon Magistracy yesterday." " also on the same mission.
THE FINANCIAL
YEAR
Drawing To An End
London, Mar. 26. Britain is within a few days of the end of the financial year and Exchequer returns for the week ending 23rd March have, there-
fore, special interest.
with
"one
It will be recalled that on Feb- ruary '1. Mr. Ainsworth was driv- ing his car along Nathan Road when he knocked down and kill- ed Ma Ho Tal, a Chinese, who was crossing the road.
Bail of $500, In addition to two large' securities, was granted. De- fendant is being defended by' Mr.. J. M. Almada Remedios,..
THE STOCK MARKET
Conditions Firm
Ordinary revenue, more week to run, was within six million pounds of the estimate for the year and totalled £700,711,137.
London, Mar. 26. Income taxo far collected Firm conditions prevailed in the ammunted to £224,478,000 and - Stock Markets to-day, the sharp ready exceeds the estimate which rises in silver and rubber, accom- Was 219,500,000 as well as the panied also by a further advance total under this heading last year. In base metals encouraging con-
Ordinary expenditure up to 23rd idence..." March was £687,351,833, the re- ised estimate for year, including supplementary **grants, being £718,119,000—— Hritiah Wireless.
Silver at 281 for bar,- forward 29, touched the highest point ince May 1928, and the price of rub ber increased by id to 6d. per pound and shares were marked up following to day's announes. ment of the International Rubber
The export quota from the next three months is reduced to 70 per cent and to $5 per cent, Cor the remainder of year. Y
Government, stocks clos-
The boat was sailed away with purpose then they must give him RESEARCH SHIP Regulation Commitee
the intention of ransacking her the benefit of the doubt,
Instructions Sought
at leisure and having failed to secure money they tried to escape knowing full well that several people were wounded on board and half way through they return-
The Jury then retired for one and a half hours for deliberation
RETURNS
The first accused had smothered to the Court to see further in The Discovery II", er war Loun 3 per
motive on going to the boat instructions on the difference between that he went there to assault the "Mansanghter" and "Murder"
London, Mar. 25, deceased. The motive was more The foreman of the jury asked if
After her 18 months trip to the consistent with robbery than as they could have an interpreter to saut sa shown from the way la explain that to a member of the Southern Ocean where she had which the crime was committed jury and His Lordship replied been making further laves iga- One of the most curious phases of hat he had no power to do so. Lions into the habits and feeding the case weg his (first defendant's) M McNelt Immediately raised a grounds of whales, the Royal Re own statement. They have also formal protest on behalf of Mr. search, ship, Discovery 11" is ex- the unshakes evidence of Leung D'Almada, Jr and himself, say-pected back in the Thames in the ated that the ing that a man who did not un- middle of June.
steered the derstand the English language At present she is at the Cape ortly carry out some aat there had been should not be allowed to serve on and wir
further hydrological research in ermity between the defendant a jury...
Teturning : to fury re- the Indian Ocean,
verdicts: London, by way of the Red Bea
and the Mediterran
Kam who
second boat
and the
In con that in fendant
Mr. Fraser said turned case of the first de Chan
ubt what but
ming, the
cent. ar 105 while Home Rails closed firm and Home Industrials had Improved, British Wiröder.
MISSION FROM ROME
London TẾT 20 According to – press Smessages from Rome, the Pope intends to special mission to London
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