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COURTS
TUESDAY, JULY 12, · 1938.
CROWN COUNSEL'S OPENING STATEMENT
(Continued from Page 1) Opening the case, Mr. Whyatt said the issues, na far as the Crown was concerned, were simple. They were (1) Did Mrs. Challinor die of a stab wound? and (2) If so, die the prisoner infict this stab wound? If the answer to these questions were in the affirmative the case was established and the prisoner was guilty of murder.
TWO ISSUES
The defence in the course of the case, might raise another two s sues, namely (1) Assuming prisoner did commit the act, did he know at the time what he was doing? and (2) alternatively, did he know what he was doing was wrong? II the Jury found that prisoner did
STOLEN HOTEL · |BRITISH
CONSUL
CUTLERY
DEPARTS FROM
CHUNGKING
Thirteen Persons
Charged For Finding Mr. E.W.P. Mills Has
And Receiving
Seen Remarkable Changes
(From Our Own Correspondent)
Chungking. July 10.
Further evidence was heard be fore Mr. Barnett at the Kowloon Court yesterday in the case in which two PW.D. coolies, IA Yuch, { 32. and. Tong Wing, 53, are chara- ed with larceny by finding of 20. knives, the property of the Penin-
Mr. E W P. Mills, British Con- sula Hotel, and eleven others in-sul-General at Chungking, with cluding two women
and are charged furisdiction over Szechuen with receiving stolen property. Kwelchow, left recently by C.N.A.C. After further hearing the case plane for home by way of Hankow was adjourned to July 26.
and Hong Kong, after a service of make it expedient for him to leave Mr. W. A. Mackiniay la prosecut then that would be a sufficient and ing and Mr. S. Ng Quinn is ap- The reason, continued Counsel very sensible excuse for taking pearing for Tam Ping and Au Ste pressed with local and West China why he analysed the issues was steps to remove his belongs before tang, the first and second defen-progress, and says that he also saw because he wished to emphasise these circumstances should hap-dants respectively. Mr. Hin-shing in recent years much change in the that whereas the onus was on the pen, as in fact they did. Crown to prove the first two, it
not know what he was doing was The late Mrs. Sybil Ruby Challinor
Tong, then their verdict should be guilty but insane. P.
sisted of 's wash amah, a coolle, a
not live there.
in front of the opening.
In the middle of the night, about 1a.m., Mr. Challinor was suddenly
some five years in this city.
Mr. Mills has been much im-
Lo is appearing for the 10th de- people who were responsible for the-
civic improvement and, economic | advance," particularly in the con-
struction of highways,
**
1,700 Pieces Missing
At the previous hearing it was stated by Mr. Maçkinlay that bel
JAPANESE REPORT DENIED That British Lusiness has not
While prisoner was visiting his feridant. Yuen «Shing. was the "responsibility of the de- fence to establish the others: in clansman, Mr. and Mrs. Challinor other words, if the defence set up were retiring to bed. Mrs. Chaill- a plea of insanity. It was not the nor went to bed about 10.30 pms duty of the Crown to elaborate or
followed by her husband half an discuss that point in its opening.
hour later. The bed nearest to thetween May 6 and June 8, about door was occupied by Mr. Challinor 1.700 pieces of silver-plated cutlery been good in recent months in At the time when the events, with and the one nearest to the window had been stolen from the Penin West China is natural because of which they were concerned, hap-by his wife. The door was left sular Hotel. After investigation war; but Mr. Mills denied the pened, prisoner was employed by slightly ajar, with a screen drawn had been made by the police, re- Japanese report that British sub- Mr. Challinor as a cook-houseboy.
ceiving charges were taken out tests had been warned to depart He had been so employed for abolli
against the nine men and two from Szechuen. Including a few 15 months, having been engaged in
women.
in Kwelchow, there are more than February last year. In addition un
The loss was discovered on June | 400 British subjects in these parts. awakened by the voice of his wife, & during prisoner, the domestic star con saying. Buy, boy, don't be silly taking. All the cutlery including dents in Chungking and other the monthly stock- As a matter of fact foreign rest-
gardener, and a chaxeur, who did He sat up in bed and saw his wife knives, spoons, forks and tea and parts of Szechuen have been in- sitting on her own with prisoner coffee spocrs had the crest of the creasing in recent months; and in standing with his back to the man-Hong Kong and Shanghai Hotels Chungking alone. there are nearly WORK SATISFACTORY tel-plece and armed with a knife Ltd. on them. In some cases. at-300, including 82 Koreans.
in cach hand. Mr. Challinor During his employment." pri-.
Mr. W. Stark Toller. acting Br- soner's work as a cook had been jumped cut and after pressing the tempts had been made to erase
the marks.
tish Consul-Generá! from Kun- satisfactory but his work 24 A
Yesterday first defendant gave ming. Yunnan, is succeeding Mr. Houseboy left much to be desired. placing himself between prisoner evidence. He stated that he had Mills in Chungking. Mr. G. W A few months before the marder, and her. He sald his work had deteriorated to such "Let's be sensible, boy. You know bought the two knives from a Aldington, acting Consul, formerly an extent that both Mr. and Mrs. what will happen if you injure marine collector who was passing of Peiping. is now on the staff in Challinor had to reprimand him missie and me." Accused replied: his shop in Lower Lasear Row. the Consulate-General with two
cents for the two Chinese assistants. for his inefficiency, and indeed on "You say 'I silly. I am not silly. He paid 30
knives. He did not think that one occasion they went so far as kill you," and then took one or two
paces towards them.
they were wliver to tell him to look for another lob Prisoner, however... preferred to re- main and he did, unfortunately as it now turned out to be, stay until May 4, when Mrs. Challinor was murdered.
bell-push went to his wife's bed,
to prisoner:
A
Second defendant- said that he bought the knives from the last defendant.
ON INSPECTION OF AIR ROUTE
Imperial Airways Chief Departs
HEAVY FIGHTING
Heavy fighting 'was resumed to-
day in south Shansi with Hun- cheng and Houma on the southern section of the Tatung-Puchow Railway, as the points of Japanese attacks.
By using exhausting guerilla me- thods. Chinese troops have suc- ceeded in cicasing the Japanese from Puigla and Fenglingtu in south Shansi, on the north bank of the Yellow River.
STRUCK CONTINUOUSLY"
Mrs. Challinor suddenly sprang out of bed towards the window. with her husband scrambling after her, Prisoner, on seeing this, leapt Some Attle time before these rard, and struck Mrs. Chaliner events, Mrs Challinor had maden the left breast with a knife. arrangements to go to England to she immediately collapsed. while visit her daughter, who was at her husband grappled with prison- tending school there. It was in- tendea that she should leave on struck Mrs. Challinor continuously. During the struggle, prisoner
The Japanese suffered heavy May 29, returning on November 6. Arrangements had been made to Eventually. Mr. Challinor suc-
Among the passengers who left losses during the siege of Finglu sub-let the house during her ab-ceeded in pressing prisoner face Hong Kong yesterday by the Im- and Naihuang during the past two
| months.-International), sence, and when Mr Challinor was downwards on the floor, and then pertal Always' plane. Della for called out to his wife to go to the Bangkok was Commander A. D. S. paying the servants their wages on April 20 he gave to each of them a month's notice, terminating their employment.
telephone. Mrs. Challinor made as Murray, manager of Imperial Air- SUB-MANAGER
to rise but collapsed again ways (Far East) Ltd., who is on a Prisoner continued to struggle and tour of inspection of the air route
ON CHARGE OF After Oghting tor some time, he between this Colony and Bangkok The notice which he zave to succeeded in regaining his feet. He
EMBEZZLEMENT prisoner, stated that his services
The Della also carried two other then made jabs with a knife at Mr. would no longer be required as the challinor, who however managed passengera, Capt. R. C. O. Tayor, incoming tenants were bringing to throw him on the door again,
who is bound for London, and Mr. cook of their own. The coolle also and catching hold of prisoner's), de Wide, who is. going" to
a notice, but this was wrists, he said to him: "Be sensible, Singapore. couched in somewhat different boy. You have already killed mis-}, Mail to the extent of 215.332 kilos terms that his services would be fe: how you are trying to kill me."and 61.382 kilos of freight were retained by the new tenants sub- Prisoner replied: "I killed missie, carried. jest to a trial period of two weeks.
received
“SOMEWHAT UPSET” Prisoner appeared to be some-
now I kill you," and the struggle continued. Finally prisoner inst als, grip on the knives, and picking
13
Kwan Yue-chuen. 47, sub-maqa- ger of the Mercantile Printing Road, ap- Company, Lockhart peared before Mr. Lockhart-Smith at the Central Court yesterday on a charge of embezzlement of 81,- 602.33 from the Company on April 25 and 30,
Mr. 5. Ng Quinn appeared on be half of the defendant and Mr. D. McCallum was for the prosecution.
what upset on receiving the notice./one up. Mr. Challinor pummelled iSTOLE MONEY FROM Bail was fixed at $4,000. The case "
ard on the following day he spoke to Mr. Challinor, saying he was sorry he was being discharged. Mr. Challinor pointed out the new tenants were bringing their own cook. it
2:
About & p.m. on May, went on
als head with the handle of it. Finding himself disarmed, prisoner "an out of the room.
Mr. Challinor immediately went o the bell pustí, and pressed it in the hope of attracting attention, but there was no response. He
HANGING JACKET
was adjourned till July 19.
Mr. Whyatt, prisoner said to the went to the window to call the Barnett at the Kowloon Court yes fadyen at the Kowloon Magistracy
terday.
For the theft of 4 from the pocket of Noor Mohamed of the DRUG OFFENCES 2nd. Mountain Battery, HKSRA.,
Sentence of six months' hard la- coolle, was Aned $30 or in default,posed on Wong Ngau 63. when he Whitfeld Barracks, Tsli Lam 29,
bour and a fine of $1,180 was in- six weeks' imprisonment, by. Mr.
appeared before Mr. Q. A. A. Mac- coolle in the kitchen: "You had
amah and the gardener, but still better do me justice." The coolle zeeded to the telephone in the hall no one heard him. He then pro-
yesterday charged with the posses- It was stated that on Sunday. aton of 1,146 heroin pills and 1.3 did not understand what he meant, and called up Central Folice defendant entered complainant's taels of oplum at 126... Temple and accordingly pressed prisoneri
-Station." In a few minutes the room and extracted the notes from Street. for an explanation. Prisoner re- Emergency Unit was called up and a jacket belonging to complainant. plied: "You have been telling
who upon searching Tsui discover- and 1.2 taels of prepared opium at people I ат Buffering from leprosy," adding" that the coolle After telephoning the Police, Mr.ed the notes on his person and had told the "Masie." This was Challinor communicated with Dr. immediately had him arrested. denied by the coolle, who offered Durran because be himself was
assistance was on its way.
to go to the Missle herself and re-badly wounded and was in urgent
peat his dental before her. Ac-need of medical attention. Whilst when the detectives arrived at the cused did not wish to go, and the he was so doing, he saw prisoner scene, they rang the front door bell, matter was then dropped.
walking up and down in the ex- and whilst waiting for an angger treme end of the path.
one of them ashed his torch At 415 am, the coolie who had around. “As the beam of light was
About 10.30 pm. prisoner was scen walking to the servants' quar-
an
For the possession of 1.055 -pilis
address 'in 'Shanghai Street, Cheung Sze, 30, was sentenced to
six months' hard labour,
POSSESSION OF DRUGS
A fine of $130 or, in default,
tera of 551 The Peak, which was gone out had returned from town flashed on to the roof, they saw three months imprisonment was about half a mile away. The cool and whilst he was in his room he the agure of a man crouching near registered against Man Chu, 24,
when he was charged before Mr." employed there was a clansman or heard a noise of the gate being the rain pipe.
Barnett at the Kowloon Court yea-
his, and prisoner asked him for either closed or opened. This was Immediately the light fell on the terday for possession of dangerous permission to leave his rattan followed immediately by footsteps. figure, the man jumped and land- drugs at No. 576, Shanghai Street. basket and two bundles of cloth-The door was suddenly opened and ed about 15 feet or so below on R. O. Wardan who prosecuted, ing, which he was carrying, saying the coolle, who was with the gar- the concrete path. The detectives stated that the house in question he had left his employment and was returning to the country.
ener, saw prisoner, who was carry rushed up and saw prisoner, who was raided at 11 p.. on July 2. ing a hammer, covered with blood was star covered with blood from Last month, the house had been from head to foot. He had a Chi-head to foot. When asked why.he raided for the same reason, as it. nese. jacket on, but no trousers or jumped down, prisoner replied: "I had been used as a heroin divan. under clothes
attacked master: the coolfe at- tacked missie and the gardener kept watch".
DETECTIVES ON SCENE
Mr. J. McCameron, of No. 15. B.
"A REASON" Counsel, then went on to point out that there must have been a reason for prisoner to make pre- parations to leave the Colony, but Prisoner attempted to strike. Meanwhile, Dr. Durran was at Magazine Gap Road, has reported the excuse which he gave was them, but they ran away. They tending to Mr. Challinor who was to the Police that during Sunday untrue because he was then went to Stubbs Road and were 'on later taken to the War Memoria:ight someone gained entrance still in employment. If on the the way to the Gough All Police Hospital, other hand, he thought ettemin-Stätton to make a report, w
*when stances might arise which would they met two Chinese, detectives.
(Continued on Page '8)
into the house by removing a pane if glass and stole a wrist-watch valued at $20.-