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MANSLAUGHTER CASE
Detective Gives Evidence
In Kowloon Court
MR. SUTHERTON RUSS SUGGESTS THREE POSSIBILITIES
The Crown's case against PC. C454, Chan Chun, charged with the manslaughter of a man, Chan Săn, at Shamshuipo Pollee Station on August 31. was concluded before Mr. K. M. A. Barnett at the Kowloon Magistracy yesterday:
Mr. John Whyatt, Crown Solicitor, proseented and Mr. C. A. Satherton Russ ́ represented the defendant” Dölëetiva-Inspector A. E. Carey and Chlef Inspector E. W. 'Andrew were present for the po- tice.
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|
25, 1938.
COMMENDED BY MAGISTRATE
Man Who Caught Two Thieves
The prompt assistance given by un unemployed. Chan Kung-tam, in the arrest of a snatcher and his confederate was highly commend- ed by Mr. C. B. Burgess at the Cen- tral Magistracy yesterday when Onan appeared to give evidence.
The accused were Yip Ohl, 34, who was charged with snatching a sum of $14 from Kwok Ngan sum,.. and Wong Kam, 23, who was charged with aiding and abetting.
Detective-Sergt. Soutar stated that complainant was walking along Peel Street, near Eigin Street. when she approached a crowd that attracted her attention.
As she came near the group Yip Chi snatched her money which ane was holding in her hand and Wong Kam pushed her onto the ground as she was calling for help.
Chan Kung-tam, an unemployed, man, who witnessed the accused running away, gave chase and ar- rested thêm.
ACTION FOR SLANDER
Labour Contractor Awarded
Ten Dollars Damages.
PUISNE JUDGE'S COMMENT
Judgment for plaintiff for $10 damages with costs at the low- est scale was delivered yesterday in the Summary Court by the Pulsne Judge, Mr. Justice R. E. Lindsail, in the action for slander In which Yuen Lok-kam, a labour contractor, sought, $1,000 damages from Tsang Fung-chol, a woman, för having falsely and mallelously spoken and published of him at the Secrétariat for Chinese Affairs on November 22 last. „
Mr. M. A. da Silva appeared for the plaintiff, whilst Mr. D. McCallum conducted the case for the defence,
In the witness box Tsang Fung-, --I can swear to heaven that he- kin, sister of the defendant, said owes me that som.
that on Nov. 22 last she accom-
panted defendant to the offices of the S.C.A.
Witness heard plaintiff say, "You are a wretched woman" to delen- dant who replied to the effect that plaintiff was "an infernal rat.""
Mr. McCallum: Did you hear de- fendant say the words set out in the writ? No.
Sergeant F: Nolan, the last wit- („on the evidence adduced no rea- aess for the prosecution, said sonable jury "could" possibly con-1 about 6.30 a.m. on August 31 Chah | vict Pak, giving his address. as No. 390, There was no question whatever Castle Peak Road, reported at the of conspiracy. Mr. Russ went on. station that a sewing machine and therefore the onus was on the had been stolen from his rest- Crown to prove that defendant dence. That same evening about and no one else struck the deceas- 5.30 p.m. Sub-Inspector Hynes
ed on that particular date at that told witness that a district watch-particular place and either caus- man had brought in two suspects ed or accelerated deceased's death. in connection with the alleged The whole of the eye-witness Chan stated that Wong Kam of
DID NOT HEAR theft, and detailed him to make
evidence for the prosecution was
fered him a dividend of the spoils Mr. Silva: It is alleged by plain- enquiries. Witness went to the tainted, tainted in that the three which he refused and handed them' { tim that she uttered the words in detectives' quarters and there two men who had testified as eye-wit- to the police."
the writ I did not hear. Chinese were pointed out to him
nesses were admitted Hars. It was His Worship Imposed two months' as the suspects. He took one of an extraordinary thing that when-imprisonment on each of the de- them, Wong Lap, over to the in-
ever defendant had been seen by
fendants. terpreters' office, together with de-
a witness who could be relied on tendant and questioned him about
he had been engaged either in the larceny but he denied any writing or knowledge of It. Deceased, the peacefully-there were no signs of other suspect, was then taken out
a scuffle or violence. and he also" denied having any- thing to do with the theft. The questioning lasted about three minutes...
Witness then instructed defen- dant to carry on with enquiries in the case.
About 7 pm. he returned to the detectives' quarters, and asked de- fendant regarding the results of his enquiries. Witness WES told that the two men were not cori- nected with the theft. Defendant was at the time sitting at a table. writing out his report. Witness instructed him that when he had finished he was to take the men back to the charge-room and have them released.
Sergeant Nolan säld that when he first saw deceased he appeared to him to be an opium addict. His face Wis yellow. There Was nothing in his appearance, how- ever, that in witness' opinion call- ed for immediate medical atten- Hon.
OPIUM ADDICT
In reply to cross-examination.
witness sald deceased was perspir- ing and had the general appea- rances of an oplum addict. He had seen similar cases of opium addicts but had not known the persons to collapse. When he saw deceased at 7 pm, the latter was
sitting in the detectives' quarters quite quietly and there was no sign of violence having been used..
Mr. Russ: Do you consider it is within the bounds of probability that deceased could have been beaten up in that state and taken out to the steps a dying man without a superior officer know- ing?
گانه
Witness. They would have pass the charge-room door.
Re-examining. Mr. Whyatt ask- ed: But they were to carry the man to the latrine door it would not be necessary? Witness: No.
DEFENCE SUBMISSIONS Mr. Russ then made his submis- slons that the Crown had falled to make out their case and that
OPIUM DIVANS RAIDED
Fines totalling $35, in default two months' imprisonment," were imposed on a 40-year-old unem ployed man, Chan Wah, when he appeared before Mr. R. A. D. For- rest at the Central Magistracy yesterday on charges of keeping the ground floor of No. 10, an Wah Street, as an opium divan and possession of prepared oplum
Appearing on similar charges. Leung Ling, 38, unemployed; was sentenced to nve months' imprison- ment, with the option of a fine of $85. Defendant was arrested in an oplum divan at No. 325, Main Street, W., first floor.
otherwise perfectly ALLEGED GANG
OF PICKPOCKETS
possibilities in this case Operate On Trains
1)
A
THREE POSSIBILITIES There were, Mr. Russ submitted, three One was, as alleged, that deceased had been beaten up by defendant; the second that he had been
Described by the police as beaten up by district watchman member of a "swell" gang of pick- 38; and the third that, annoyed pockets who wore European style and disgusted with the time they clothing and operated on trains, had wasted in taking up a fruit-
Chan Pul, 21, was brought before less prosecution, the people who Mr. K. M. A. Barnett at the Kow- had instigated the detention.c
loon Magistracy yesterday charg- deceased and Wong" Lap had waited with larceny from the person ed for him outside the station and of Mr. Chan Wai-man, Secretary had there attacked him. Mr. Russ
of the Canton Treasury, of 17. concluded with the submission that on the prosecution's own case there were circumstances on which defendant would be acquitted by any reasonably-minded jury.
Replying. Mr., Whyatt said there was not a scintilla of evidence to
and a Chinese detective saw de- support Mr. Russ' theories, which feridant go up to him. raise his had been the product of his own
coat-talls, and extract a packet of Imagination. He quoted "various notes from his pocket. When ar- authorities showing that in similarrested defendant had $11.60 Hong cases in the past convictions had Kong money and 70 cents Chinese been registered. The
Mr.
currency in his possession. Sen- whyatt submitted, must go to a
Jury.
case.
His Worship concurred and Mr. Russ opened his defence at once.
ACCUSED'S EVIDENCE
In the witness-box 'defendant. said he joined the Police Force in 1925 and bore an excellent charac- ter. He was transferred to the C.I.D. in 1936 and was stationed at Shamshulpo the same year. On August 31 he was instructed to make enquiries into a larceny and in the course of this he questioned a man called Wong Lap and the deceased. This questioning lasted about two or three minutes. When he took Wong Lap out to the in- terpreters' room deceased was left with D.W. 38 and when he took deceased cut he gained the im- pression that he was frightened about something. Witness had previously stated that deceased's face was yellowish and he was perspiring.
:
At this stage the hearing was adjourned till this afternoon.
SOLDER STOLEN FROM P.W.D. STORE
:
Shek Kam-wahi 21, a former employee of the Public Works De- partment, was yesterday charged before Mr. R..A. D. Forrest at the Central Magistracy with the theft of 49 lbs. of solder from the P.WD., store at Bullock Lane on January 22, and larceny of 15 cat ties of solder from the same store on three other, occasions.
Inspector A. v. Baker told the Court that property worth $300 to
$400 had been. stolen recently from the P.W.D. store. Defendant was formerly employed as an elec- trician, but had been dismissed when the thefts were committed.
A fine of $25, in default "two months' imprisonment, was posed,
im-
Pleading guilty to two similar charges, Kwong Ping. 20, was or dered to pay a fine of $40, in de-
BANISHEE GAOLED ault two months' imprisonment.
Ylu Heung, 51, a returned Bentence of three weeks' impri- banishee, appeared on remand be sonment with the option of a Ane fore Mr. Forrest at the Central of $80 was passed on a married Magistracy yesterday on a charge woman, named Tuen, when she was
of breach of the Deportation Or found guilty of the unlawful posses-dinance. He pleaded guilty and sion of one tael of prepared oplum
was sentenced to six months' hard at the Canton Whart.
labour.
ten-cent Kwangtung Provincial bank notes at the Kowloon Rail way Station on Sunday.
• Detective-Sergeant J. F. Scott said complainant was standing at the Customs counter about 4 pm.
tence of six months hard labour was imposed.
POLICE REPORTS
THE JUDGMENT
After Mr. McCallum and Mr Silva had addressed the Court, His Lordship delivering Judgment. anid:
As regards the main issue in this. case as to whether in fact the words complained of were uttered outside the room of the Assistant- 'Secretary for Chinese Affaira, I um entirely and abundantly satisfied that they were.
The evidence of the district watchman seems to me to establish Witness said that she knew that beyond all doubt, and I have Leung Chi-wing who was also nothing but approbation for the known as Leung Kwan, adding that | efforts'of the defence to discredit she heard from defendant that she that evidence. was on bad terms with Leung.
It follows, therefore, that the Before this trouble arose, did you | slander" imputing` two distinét. ever hear your sister address plain-crimes to the plaintiff was uttered tif as "Yuen Sal Hoi"-Yes, but I in this matter and in respect there-
do not know if it was used as a pet of he is entitled to judgment.
name.
I consider this is a borderline His Lordship: is Yuen Sai Hol"
case between which the Court. used as a term of abuse?—It is used ) would normally award con- as a friendly term."
temptuous damages, and one in which the Court would award nominál damages.
the last
Tsang Tso-koo, an amah, sald that she knew plaintiff to whom she had been lending money on three occasions, on
In my view plaintiff would have which she loaned him $100. She brought these proceedings or wash- of been better advised if he had not
asked him for the return of the ed a lot of dirty linen. On the money, and plaintig had not paid other hand his reputation had been her back the sum" yet.
assalled before strangers and he Mr. Silva: As an omah $100 was within strict legal rights In means a lot to you?—Yes.
coming to this Court to vindicate. that reputation
Why did you not get him to write à promissory note?-Last year loaned him $300 for which he gave me interest. I trusted him. I put it to you that plaintix never borrowed that sum of money from
you and will never pay you back the money unless forced by law?
FORGED BANK NOTES
Unemployed Sent To Sessions
Lee
I therefore consider that justice will be done if judgment carries: damages for $10 and costs on the lowest scale, bther than costs of. and incidental to, the first lampe,, set out in the afatement of latin and of the amendment.
GODOWN FIRE PROBED
Collapse Of
Premises
an
Circumstances surrounding outbreak of fire in a godown at No. 103, Connaught Road West on January 7, were probed at an in-
Injuries to the face, mbs, chest and other parts of the boy were
Wai-keung. unemployed, suffered by Chue Fan, 40, when be who was arrested on January 19 was knocked down by a motor for the possession of 150 forged lorry driven by Wong Yuk-tong. Jank notes of the Bank of China, in Connaught Road West, near was yesterday committed to stand. quiry before Mr. R. A. D. Forrest, French Street, on Sunday. Chue trick at the next Criminal Sessions sitting as Coroner, at the Central was sent to the Queen Mary Hos- by Mr. C. B. Burgess at the Cel-Magistracy yesterday afternoon, pital where he died at 5 a.m. yes. trai Magistracy. terday.
A canteen boy employed on HM.S. Adventure, Chung Kan, 25, was sent to the Queen Mary Hos- pital on Sunday after he had col- lapsed while riding in a motor bus in Queen's Road West.
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Inspector W. Malt was present on. Lee was arrested while disem- behalf of the police. barking from the s... Sal On on its arrival from Canton.
Yesterday it was alleged that during the course of a general search of passengers, two tins of biscuits which Lee was carrying were opened, and according to the
officer, Chinese Revenue
the Major B. L de Robeck, residing forged bank notes were found `be- at On Lee, Mount Davis Road, re-low the layer of biscuits. ported to the police on Sunday It was alleged that at the time the theft of jewellery worth near- of the discovery, Lee offered the ly £40, and money and a foun- Chinese Revenue Oficer tea tain pen valued at $82, from his money to ignore the matter, but bedroom.
the chicer refused the bribe and arrested defendant.
LITHOGRAPHER IN TROUBLE
Defendant yesterday denied knowledge of the possession of the forged notes.
1.
KOWLOON CASE
In evidence, Mr. W. Smith, Sta- tion Omcer at Central Fire Station, said that he received a call about. 2.59 a.m. on January 7. Three fire appliances were dispatched to the- scene, two from the Central Sta- tion and one from the Kennedy Town Sub-Station, under two Euro- pean officers.
When witness arrived on the scene he found that the roof and second floor of the premises had collapsed onto the first floor. He discovered that bundles of what looked like grass wère scattered on the floor at the rear of the first storey.
Lee Chan, in charge of the go-
Detective Sub-Inspector L. R. down, stated that the premises Whant prosecuted.
were usually opened from 5 am till 8 pm. except on occasions when there were deliveries of goods.
On the morning of the day in
noises in the street. When he 'got question, he was awakened by
out of bed he found that the build- ing was on fire. He rubed out with his bedding, to the head
Lam Yung-kit, 23, lithographer, was yesterday charged before Mr. C. B. Burgess at the Central Ma- gistracy with driving & private car
Lower Court proceedings against without a licence in Beymour Road and Po Shan Road, and driving the Ng Tin, 23, unemployed, on forgery vehicle, No. 3727, without per-charges, were concluded before Mr. H. R. Butters at the Kowloon Ma- mission from the owner.
A request by Inspector A. Kirby,gistracy when defendant was com who prosecuted, for a remand till mitted to stand is trial at the February 2 was granted, Ball was next Criminal Sessions. The charges face where he notified the au- Axed at $10.
STOLE FROM MASTER
Found guilty of the charge of theft of $130 in Hong Kong (Cur-
against him' were uttering a forged $1 note on the Hong Kong and Shanghai Bank on January 2; uttering a similar note on the same day: and possession of the two notes."
rency and $200 in Canton money, ] A charge against a widow named
thorities.
Witness stated, as was his usual practice, he inspected the premises on the night previous to the fire." When he retired he was satisfied. that there was no person in the godown
"
Smoking within the buildings vás prohibited. Witness stated he w some cigarette stubs which were leff on the first foor where, on
various occasions, women workers were employed to work during the
from his master, who was away in Chan Kiu, of receiving a box con- Macao, a toki of a fishing funk, taining pieces of clothing and a named Chan Kam-shing, was sen- portion of the stolen money, was tenced to six weeks' imprisonment dismissed. The police offered" no and ordered to repay to his master evidence against her. However, day. The electric lights In the the sun of $54.60 which was found the sum of $80 in Canton currency, in his possession, by Mr. RA. D. which was found in her possession, Forrest at the Central Magistracy was ordered to be repaid to the yesterday.
junk master, Yeung To-wah
premises were kept
through the night.
burning: all
The hearing was adjourned til January 24.