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HONG KONG DAILY PRESS WEDNESDAY, JUNE 23, 1937)
COURT NEWS
IN BRIEF
At the Central Magistracy. Yes terday KamLin, widow, was charged before Mr. K. Kem with the theft of a"gold bracelet, a xa- zor, a handbag, 'containing $15, a pair of leather shoes, a beauty compact ease, a laundry bag, an alarm clock and a pair of bathing shoes, from Mrs. McMullin, of No. 5 Bungalow, Repulse Bay. The total value of the articles was
$251.50.
Defendant was also charged with receiving the articles.
Detective-Sergeant T. Cashman applied for a remand of 72 hours for further enquiries, which was granted.
.
よく
APPEAL
DISMISSED
In the Full Court of Criminal Appeal yesterday morning, the appeal of Ahmed Din, former Indian constani, B867; against his conviction for manslaughter of Tsang Wul, aged 50, of an unnum-' beged hut near the Ho Wang Temple on March 23, was dis- missed by the Chief Justice. Bir Atholl MacGregor, and Mr. Justice J.A. Errier,
MOTOR CAR PARKS
Strong Protest By Doctor
When Dr. 8, S. Strahn appeared before Mr. W. Schofield at Central Magistracy yesterday on a sum mons for leaving his motor car over the time limit of two hours in the Chater Road car park'on; June
It will be recalled that appel-7, he made a strong protest against lant kicked deceased, rupturing the inconsiderateness shown to deceased's greatly enlarged spleen. members of the local medical pro- as a result of which deceased died. fession."
Ahmed Din' 'was-zentenced to
six months hard labour by Mr. Justice RE. Lindsell after the verdict of Jury had returned a guilty of manslaughter when the evidence of the case was heard in the May Criminal Bessions.
For the unlawful possession 58 taels of raw opium, Wong Chang, 24. unemployed, was fined $290, with the alternative of six months' hard labour, by Mr. K. Keen at The jury who heard the case the Central Magistracy yesterday.
were Messrs. Omar el Arcull! (fore Defendant was arrested at Wingman). J. H. R. Hance, Ng Tse- Shing Street, with the oplum tied fat. Leong Ngal-pool, Frank Tock, round his waist.
R. F. Clark and N. W、 Smelry/
Я
+
·
Admitting a charge of creating noise by playing a flute and singing at Aberdeen Street, near Gage Street, Ho Chau, 19, and Chan Wah, 25, singers, were each fined $2 by Mr. K. Keen at the Central Magistracy yesterday.
Sub-Inspector Armitt sald de- fendants were arrested about one o'clock yesterday morning. They gave a public performance in the street, hoping that someone 'would recognise their talent and engage them
•
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The Rev. G. E. 8. Upsdell, Head- master of King's College, was the complainant in # summons against Cheung Kam, driver of taxi No. 43, for failing to drive with due care and caution in Con- naught Road Central on June 9. The summons was heard by Mr. W. Schefeld at the Central Ma- gistracy yesterday and after evi- dence was taken a fine of $20 was imposed.
11.
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ມ
The Hon. Mr. Leo D'Almada Castro Jr., Instructed by Mr. D. McCallum, appeared on behalf of the appellant, while the Crown was represented by Mr. M. 3. Abbott, Assistant Crown Solicitor, assisted by Inspector F, T. J. Por tallion.
*
In answer to the summons Di.
was
Strahn' said he did not infringe the rule intentionally. He very busy on the day in question and he had only a few minutes for umn. As a result he forgot all about the car...
Dr. Strahin said that he thought that some consideration should be given to doctors. An urgent call might be received at any moment, and it was very difficult to have to wander about a quarter of a mile to fetch one's car at Statue Square. He added that in Chater Road, especially, there were least 24 to 30 vacant spaces every day between 3 p.m. and 6 p.m. It was perfectly easy for the author!- ties to allow doctors with offices in Chated Rond to park their cars
The Chief Justice "said: The | there. appellant was convicted of man- slaughter at the Criminal Sessions
of the Supreme Court for the month of May, 1937 and WYLA sentenced to labour.."
six months' hard
ai
DOCTORS TAXED Traffic-Inspector S. G. Saunders replied that a scheme for allowing doctors to park their motor, cars in the risksha stand in Connaugin Road was found to be unpracti- GROUNDS OF APPEAL
cable, and the practice of issuing He now appeals against his con-permits for motorists to use this viction on the grounds of mis- stand had been discontinued. II direction by the learned trial doctors were allowed to leave their Judge. the grounds of the alleged cars there, other people would 2180 misdirection being as follows: claim special privileges. The traf- fic police had decided that ng dis- crimination should be given to anyone,
Dr. Strahd remarked that doc- tors were taxed whereas che
were not. The tax
00
(1) "AS inhabitants of this Colony you may well realise that Indian constables do not always behave with complete propriety to lower class Chinese and you are entitled to take this into conside-people ration" or using words to that doctors for the privilege of prac- Yue Hon-chuen, driver of pri-effect. There was no evidence as ticing medleine was not heard of vate motor car No. 749. appeared, on to the conduct of the Indian con-in England. In Hong Kong they two summonses of failing to drive without due care and caution. He lower class Chinese; any such
stables in Hong Kong towards had no consideration whatever.
His Worship sald he thought the admitted both offences and was And $20 on each summons.
evidence would have been in ad- only thing to do was to appeal to missable in any cunt and the the Governor. Jury would not have been entitled to take it into consideration when arriving at their verdict.
+
Lux Tat, aged 19, unemployed, was charged with the theft of an electric fan before Mr. K. M. A Barnett at the Kowloon Magistracy
(2). The foreman of the Jury. yesterday. Defendant pleaded that Just prior to the Jury retiring to he had bought the fan, which was consider their verdict. asked the then in a damaged conditions from trial Judge: "Does the fact of the
Inspector Saunders added that he did not think there was any other city in the world where, in- dividuals were allowed to park
outside their offices in the centre of the city.
A cautioned was administered. Dr. A.-J. Skinn and Dr. H. Balean,
a marine hawker.. He had re-spleen being enlarged go in miti-similarly summoned for exceeding paired it and intended to pawn it. gation?" or words to that effect. the time limit on the car parks, Mr. Conradi, manager of the whereupon the trial Judge sald were also cautioned. £3 were Palace Hotel, stated that his firm the following: "The question of several Chinese defendants. had lost a few electric fans of the the enlarged spleen has no bear- same description during the lasting upon your deitberations--it few weeks. His Worship granted a might have a bearing If you re- remand of 24 hours on Detective Sergt. Brooks's application to in- vestigate the defendant's state ment.
turn a verdict of guilty and the DEATHS IN GAOL question of sentence arises," or
w ta to the similar effect.
to
at may simplify matters and terday Mr. K. Keen, altting as At the Central Folice Court yes- clarify the fasue before the Court Coroner, held inquiries into two Three daya' remand was granted If I deal with the second of these deaths at Victoria, Gaol. by Mr. K, M. A. Barnett at the grounds of appeal. It is frankly Kowloon. Magistracy yesterday on admitted that the learned trial death of Yan Kau and a verdict The first inquest concerned the Inspector W. Hynea' application Judge was right in when a 36-year-old unemployed, Jury that they were not entitled returned by the following Jury
telling the of death from natural causes was Yip Bul, was charged with the
take into consideration the Messrs. P. C. Walsh (Foreman), alleged kidnapping of a boy, state of the man's spleen, but it George W, R. Kwok and R. L. S. Chung-fat, aged 13, on Sunday. ia argued that the following Webb...
words "It might, have a bearing if Chau Tal-hi, 42, unemployed, was you return a verdict of guilty" charged with the theft of 90 fathoms of Manila rope before. Mr.mount to misdirection. I say at once, and say emphatically, that Barnett at the Kowloon Magistracy reject that suggestion and am yesterday. Shek Hop-mui, mistress
not surprised that Counsel for the
*
•
of a junk, was charged with re-appellant was unable to support ceiving the rope. Both accused his argument with authority. were remanded for one week.
•
•
The other inquiry was into the
death of Wong Kam, for which the following jurors were empanelled: Messrs. J. N. Aweeney (Foreman).. R. Taylor and N. P. Fox. A similar verdict was returned.
The theft of 300 gunny bags, valued at $30, from No. 10 Cowshed, Pokfulam, has been reported to the Police by Mr. Lumson, of the Dairy Farm, Ice and Cold Storage Co.
DUTY AND RESPONSIBILITY Before Mr. K. M. A. Barnett at
The learned trial Judge was the Kowloon Magistracy yesterday, anxious to assist the jury in their Mak Kong was charged with at- deliberations and said no more, in tempted larceny of a wrist watch my opinion than he properly from Cheung Wing, of 250, Bal ought to have said in his efforts Yeung Choi Street. He pleaded to put before the Jury their duty. that he only wanted to look at the and responsibility and the differ- which was essentially fair if not watch as he walked past the com-
ence between the functions of Indeed unduly generous to the plainant. Defendant was sen- Judge and Jury. If the appellant's accused man. tenced to six weeks hard labour;
DEATH OF MR,
C. ALLEN
E.
We have to record the death of Mr. Edward C. Allen, expense store
| accountant of the RAB.C. and | formerly Staff Sergeant in the R.A.OC which took place yester day morning at his residence, No. 3D. Block, Kennedy Road
argument were acceded = to, it would be misdirection to refer in
COGENT AND CONVINCING
a summing up to a charge of mur. The evidence for the prosecu- der as a capital charge, or to re-tion la to me overwhemingly cogent mind the Jury that where their and convincing and the learned responsibility ends, the respon- trial Judge was at pains to put siblity of the bench begins. before the Jury everything that I turn now to the first of the could be said for the appellant. alleged misdirections.
Even if we assume that there was in the sentence complained of a misdirection and I make that assumption merely for the pur- pose of this part of my argument Tam satisfed that without such misdirection the Jury could, not have failed to come to the same conclusion to which they did come
In this, as in every other case, the summing up must be taken as a whole. It is not competent to Mr. Allen, who took over the party aggrieved to divorce one duties of the late Gunner G. T. sentence from the context and to May at the RASO. Depot, was ask this Court to consider and working as usual on Monday, pronounce on that one sentence Death is understood to have been within its four corners and with due to a heart attack fout reference to its context or
The deepest sympathy will be the circumstance in which it was It follows therefore that no sub- extended to the widow and two spoken. The words complained stantial miscarriage of justice was children, who are left to mourn his of are certainly open to criticism, occasioned and this appe
appeal there. by and no doubt they might have fore fails. In the circumstances to The funeral took place at Happy been more happily expressed, but of this case the order of the Court Valley last evening and was large- they form part, and. à relatively, is that the sentence run from the ly attended there being a pro- unimportant part, of what I can Brat day of the Semions Tession of floral tributes;
characterise as a summing up the appellant was convicted.
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