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TRONG TỔNG DAILY PRESS, SATURDAY, FEBRUARY 8, 1936.
ALLEGED FUGITIVE
DISCHARGED
Prosecution Fails to Establish Prima Facie Case
For the second time after having been charged before dif- ferent Magistrates on extraditions, Cham But Fin allas Taut Sel Fan, an alleged fugitive sought for by the Canton Authorities successfully obtained his release through his solicitar, Mr. G. 8. Hugh-Jones, at the Central Magistracy yesterday, when in the Tast of the two proceedings against him, the "Magistrate Mr. QAA, Macfadyen in his Judgment ruled that the Crown, had fated to establish a prima facie case against the fugitive. The man was winted by the Canton authorities for alleged compl city In a robbery in Chung Sha Heang Village, Chun Sha district, fn Kwang Tung Province on March 12, urt.
PARTNERSHIP CASE
More Evidence Called
Around the Courts
A CASE" REMANDED
TO AVOID PAYMENT
When a case ( Which Chau Lais “The defendant jumped over the man, aged 20 years, unemployed, | turnstile” remarked Sub-inspector was charged on three counts" of | 2 Kirby when prosecuting Lo Chi- loitering, assault and possession of nau, 20, unehip byed, who pleaded The action brought by Tam Waf|offensive weapons was mentioned guilty before Mr. Balfour at the against the Hing Nam Company before Mr. W. Schofield, at the Central Police Court yesterday to and Tam Chek cisiming $5,000 was Centrai Magistracy yesterday. Ita charge of attempting to invold continued before Mr. Justice R. 5. was stated by Detective Sergeant payment of fare be the Yaumati Lindsell at the Supreme Court Baldwin that both defendant and farty launch Man Ying, from Hong yesterday.LES
a private watchman he had as- Kong to Shamshulpo, Mr. L. A Mr. Fiin-shing Lo, instructed by saulted were in hospital Hurtow, Inspector, was the com- Mr. M. A da Silva, appeared for The watchman. Kan. Wat had | plainant, It was stated that the the plaintik, and Mr. Leo been struck on the head - with a fare was three cents. The defen D'Almada, "Jur, instructed by Mr. | hammer, and the defendant fell dant was fined $10 ör, in default. W M. Brown, of Messrs. Hastings | down some steps while running ten days" hard labour. Sub-Ins-- and Co. was for the defence, away and received Internal In- |pector Kirby added that this type
It will be recalled that judgment { juries.
(C) of (offedce was becoming very tre- was originally given for the plain- The charge against defendant / quent. tiff on the strength of non- were that he was found 16 tering Mr. E. H. Willams, Assistant shop: As he also claimed to have appearance in Court by the defensat Tsing Lin Terrace on February · EX-BANISHEE IN TROUBLE Attorney General, nasisted by recognised the fugitive on this dants. It was, however, subse 4 at midnight; anulting Kan Fang Chuen, unemployed, Chief Detective Inspector J. Mur- occasion this part of his evidence quently set aside on the applica-Wal, a private watchman, and time-expired banishee with sover- phy appeared for the Crown, while was of the utmost importance, tion of two shareholders of the possession of a knife and a ham-al previous convictions, was sen- Mr. G., S. Hugh-Jones, of Messrs. and he was naturally very firm, Lo Wah and Choy Ting, who mer for an unlawtul purpose. Wikinson & Grist appeated for closely cross-examined by the de new put up a defence against the
tenced to five months hard lab- Mr. Schoneld remanded delen-our by Mr. 8. Balfour at the Cen the alleged fugitive.
fence. Even before the cross- clatm
dent police custody for three tral Police Court yesterday for examination was very doubtful THE FIRST CASE
whether Mox Kwal-tong could the case yesterday said that he
Mr. D'Almada at the opening, of days.
stealing 45 cents from Chan Sze. It will be recalled that the Tag-possibly have seen the features
foki of a rice shop at 121 Con tive was first brought before Mr. of the bandit leader so closely
objected to Mr. Lo's assumption
GUNNY BAGS
naught Road West. The defen W. Schofield at the Central Courts
that there was a non-partnership. The theft of four gunny bags cant was arrested by a district or for sunclently long period on November 1, charged with com- |plicity in a robbery stated to have as to be able to Identify them and referred to the... sfidavit of } from "ENE main hola” of the steam Watchman in Hollywood Road near
Tam Cheuk.
er Chuen Chau, birthed at the Queen's College where he was seeň. taken place in May last, when the definitely. But Mr. Hugh Jones'
Mr. Lo replied and said that red" | Yuen On" Wharf, was admitted by to put his hand into the com fugitive was alleged to have rob-very able cross-examinated shareholders are not partners and Cheung, Ko, 28, unemployed coole, blatant's pocket shut extract the bed Lul Shuen Leung of $1.055 in, my mind, but the "matter. Beyond that in his opening he had stated when he appeared before Mr. Bal-i monere Sub-Inspector
doubt.
Honk
partnership.
and was
sentenced to three
RADIATOR CAP
money, The Magistrate then zul- I do not thing that Mok Kwa-
that they were red-shareholders. four at the Central Police Court prosecuted. ed that the fugitive's story was tong's evidence regarding his Almada in that Mr. Lo had no Fowle prosecuted. The defendant His Lordship upheld Mr.yesterday. Detective Sergeant be preferred-it was not mere identification of the fugitive at ly that one story was more credit the time of the robbery can be right to deal with the question of admitted a trevious convicticin
Leung Chan, 32, unemployed, was ble than the other but that the
relied upon, and therefore his
On the question as to whether months bara labour. The coor by Mr. Mae idyen, at the Kow-
sentenced to six weeks hard lab story of the Crown witnesses had
as thentification of him been seriously discredited in im-
It was a trading concern Mr. Lo plaint was Chia Kalyan loon Magistract yesterday for portant particulars. Mr. J.
submitted that any relations en-
stealing a radiator cap, belonging Fraser. Assistant Attorney Gener
ROBBERY RECALLED
to Chan Kam-hon, general mana- al, was then, conducting the case
tered into by any persons with the aim of gain was, in his opinion,
A three-year-old robbery was ger of an ink manufacturing Armi. a trading concerned recalled at the Bowloon Magis- Defendant. It was disclosed., was His Lordship stated that a trad-tracy yesterday. when Chan Ming-arrested about 1 am. on Thursday
fugitive by
Kone merely raises a presumption that he knows the aight and has met him on some former occasión, donde
The third witness to identify was Chan But-leong. Mok Kwal
or the Crown.··
Following his release, the fugi when the present charge was in tong's foki. According to his ing concern was one which con- cheoffgi älias Chad Stu wài, alias with the radiator cap in his pos
ve was immediately re-arrested
stigated against him.
YESTERDAY'S JUDGMENT Glying judgment, yesterday the Magistrate said in part:
selling of commodities.
Mr. Lothen made a lengthy argument in support of the con- tention but His Lordship disagreed with him.
evidence he bad had four cyper-cerned Itself with the buying and Chan Waf, Aged 31 was brought session. He was questioned and before Mr. Macfadyen, charged | admitted having stolen it from with having assaulted Möri Sugi; private car No. 7325 outs on July 25, 1932, at No. 200 NK- Paul Cheong Street yesterday than Road, second floor, with fit tent to rob her of her goods and Wowards the conclusion of yea- chattels, On the application of terday's proceedings. Mr. D'Almada Detective-Sergeant MacPherson. recalled Tam Cheuk for cross-defendant. was remanded for: examination, after which Ris Lord- | twenty-four hours.
connection
tunities of observing the fugitive The fourth occasion was the robbery. Here again, and for the same reason's applied in Mok The first and most important Kwal-tong's case, the opportuni- point to be established is whether ties of making a reliable identin- the eviderice of Identification is cation of the bandit leader appear sufficient to raise
&
reasonable to be very scanty: [- presumption that the fugitive was one of the men who committed the robbery which is alleged to have taken place on March 12,
MATHEMATICAL PRECISION
It is significant, however, that, "As Mr. Hugh-Jones: points but,
ship stated that, in
with the $5,000 which had been
1935. Three witnesses are relied / such observations as the witness / borrowed, that sum was not caplaste are or" may be true. It there”,
on by the prosecution to establish was able to make of the detalls of this identity. The first and most the robbery, correspond with ma- important witness, because he is thematical precision" with those put forward as the yetim of the made by Mok Kal-tong and 14 robbery is Li Kiu Li Kig had Klu, and it may also be noted that three opportunities of observing these three witnesses have lived the features and build of the fugl-together during the whole time tive. The first of these was in they have spent in Hong Kong.
The only three witnesses who September, 1934, when he had a glimpse of him as he walked out have been put forward as actual of a shop. The second opportun eye-witnesses of the robbery fall, ity occurred at China New Year, therefore, to my opinion, to make 1935. On this occasion. Li Ku ad- even a "prims facie" identification mits again, that, he only had of the fugitive as of the robbers. glimpse of the fugitive in a shop On this point alone the case opposite his own house which was against the fugitive must fall be kep by hs tenant, Mok Kwai- The Magistrate, then dealt with tong. The third opportunity w the "the enormous amount of evi- on the occasion of the robbery dence put forward by both the Lễ Klu says that the fugitive was prosecution and the defence,”^and in his (L Ku's) house for twenty said that the evidential value of minutes, during which timehe most of it was very slight, and ac- observed him closely, and saw cusations and counter-accusations" that he was a tal man with a had been freely exchanged. and `thin fact. As has been pointed | were nearly all based on the variest
out by Mr. Hugh Jones, it is very heresay.......... natural that, in the circumstan¬"{... ces any man would take particu- lar note of the appearance of the men who were robbing them."
NOT RECOGNISED - STÅ In his examination-in-chief however, I Klu implied that in spite of his long observation he did not recognise the fugitive, un- til Mok Hwal-tang told him who
defence
UNUSUAL POSITION
rente nove laid emphasis on the Worship continued-The
fact that they do not impugn the good faith of 1 Kiu as regards the robbery itself. There may in fact have been a robbery, but if so the fugitive was not one of the robber
he was after the robbery. Apart from the evidence of the In cross-examination Li Kluthree alleged eye-witnesses the amended his evidence by saying rest of the case for both pro- he "partially recognised the fugisecution and defence, resta main- tive, va-recognition, which was ly on documentary evidence, (r further strengthened by someone may observe that it is most calling "Ab Tsui":
purnaual for a fugitive criminal to The fact that Li Kiu did not be in a position to obtain either recognise the fugitive at al: at the witnesses or documents to support Identification parade held-In Vickies cam) for thiry Instance the tor's Gael, detract golliderding" Tizinve" produces not only one or from the value of this Inikacin two, but a number of documents. tion, as. It also detracts from his. To maintain that they must all previous recognition'
the forgeries
tome fugitive in Moze swastong a
It fony also be Klu kafed the incident
ernment,
of the bandit described
On the
that
come
Kiu had simésent
the
tun
part
i
POSSESSION OF OPIUM
Heavy Fine Imposed
• 15,000, or in default, one Bosed
by Mr. W. Schoteld the Central
Magistracy
terday off 1p. Kee, cho fas charged with possession of 8,000 taels of raw opiam on board cargo boat No. 1424,5 2
tal in any ordinary legal sense."
The case was then adjournedore seems antecitatos
that all those which are posterior until Monday.
to the date are false. It is a res sonable assumption therefore that the fugitive did act as a detective to me fantastic, after the date of the robbery. thorities seems
It Chief Preventive Officer Buller Further, the, contention that be I therefore unlikely that he would told the Magistrate funt & party cause Chung Shan is a model Pro-Jeopardise his future oficial èm of revenue officers boarded the boat vince there is complete freedom of ployment by turning robber, of in the harbor hour the Douglas the Press does not convince me that if he did do that he would | whart on the night of the 8th. The In fact, I believe that the position continue to be employed in an is the exact reverse and that thereofficial position..
is in fact a fairly strict censorship To sum up, therefore, I am pre- exercised in Chung Shan, It is paved and am in fact bound to admitted that some of the reported accept the defence plea, that a Incidents in watch the fugitive was "prima facie case has not been concerned as a detective and made que against the accused. He which are anterior in date to the is therefore alkcharged.
opium was obtained farteen tina, which were covered over with sacking and placed in the sleeping accommodation in the boat,
The sccused said that given, the uns by a man mati with directions to take them to a point mear Blake Pier.
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