HONGKONG DAILY PRESS
LEAVE TO APPEAL NOT NO EVIDENCE
GRANTED BY COURT
Charge Of Larceny By
Trick Recalled
An application for leave to appeal against his conviction by a jury on a charge of larceny by a trick of $19,000, made through. Counsel by Li Hei-ting, described as master of the Yu Hai Leung Im port and Export Firm...of Connaught Road Central, was refused by Mr. Justice R. E. Lindsell, Pulsnę Judge, and Mr. Justice J. A. Fraser at the Supreme Court yesterday,"
L. It wil be recalled, was sentenced to two and a half years' im- prisonment with hard labour by His Honour the Chief Justice, Sir December 22. The Atholl MacGregor, at the Criminal Bessions on charge against him was that he had obtained the sum stated from a widow named Chu Li-tze, of No. 60" Village Road, by falsely pre- tending that he was the owner of No. 1 Morrison Hill Road which he would sell to her for the sum named.
OF DANGEROUS DRIVING
Private Car Driver
Discharged
GENERAL
CHINESE RELIEF ORGANIZATIONS GET UNDER WAY
Red Swastika Society
At Shumchun
Mr. E. Zimmern was the com- The work of the Red Swas- plainant yesterday when a private tika Society at Shumchun was car driver, Tsang Shiu-wah, ap- inspected by Mr. Percy Chen,
the representative peared before Mr. R. A. D Forrest
of the at the Central Court summoned for Kwantung Joint Committee for driving without' due care und cau** Medical Reef. on Wednesday. tion in Des Voeux Road Central on This Society has under its care December 14 last. Mr. W. A. Mac-upwards of 1,000 refugees, men. kinlay appeared for the defence. women and children. There peo- "About noon on the day in ques-ple are housed in one of the many tion," Mr. Zimmern. Baid. "I was buildings which was not in use for with two friends and we were just nearly two years. But within a about to cross the road from out week the premises, were cleaned. side Lane Crawford Co. There was repaired and equipped for sleeping
car. No. 133, parked on the Lane and dining. Crawford side of the road and we crossed the road in front of that car. On looking right I saw car No, 37 coming from the east.
"We turned right towards the
JI
The ground floor is devoted to housing male refugees, while the upstairs rooms are occupied by re- fugee familles.
The meals are enten at long are covered with
The defence had been that the Their Lordships had read the charge was a trumped-up one. notes of the case and they would that the whole of the complainant's see that the defence of appellant. story was a fabrication, and that was that this money had been lost gambling. she had brought the proceedings by complainant in against him in order to cover up When cross-examined by counsel from her family the loss of her for the defence she had dented wing of car No. 133 to allow No. tables which money through extravagant living having gambled. but Mr. Sheldon 37 to pass. Car No. 37. Instead of sheeting and the whole building is and gambling, choosing him as the pointed out that counsel conduct-Proceeding along, as we thought it clean. Discipline is maintained by victim because he in fact owed her ing the prosecution had not cross would, made to park outside Lane Miss Wong, who was a medical $900 as a gambling debt. This had examined appellant on that point. Crawford. When parking the car practitioner at Paoan district prior been refuted by the prosecution. Mr. D'Almada: My reason for not cut straight into the curb, so close to the hostilities.
Mr. H. G. Sheldon, K.C., who was putting that to appellant was be- to us that I should imagine it was instructed by Mr. P. Stn, made the cause plaintif had already denied within two feet from us at the application." The Hon. Mr. Lect and there was no sense in re-most. We had to hug the wing of D'Almada e Castro Jnr.. instructed peating what she had hirendy cur No. 133 to avoid being struck,"
FURTHER EVIDENCE
#
denied.
APPLICATION REFUSED
upen i
We
The Red Swastika Society has announced its intention to organize a primary school for refugee child- ren and one of the buildings has been set aside for this purpose.
Permission has been received for this to be done from the Provincial authorities.
SHOOTING CASE HEARING
Mr. E. J. M. Churn, who was with by Mr. M. A, Silva... appeared for
Mr. Zimmern at the time gave cur- complainant. Mr. Sheldon said the Mr. Sheldon, who quoted a num-roborative evidence.. application was brought under the ber of cases, concluded by sum-
"As we were crossing the road' in Criminal Prosecution Armendment marising the points in his grounds front of car No. 133," a car, driven by, Ordinance No. 5 of 1923. The for appeal.
the defendant, came towards us, ground would be that the verdict
sounded its horn and turned in of the jury should be set aside on
Without calling
Mr. rather sharply into the side of the the ground that it was unreason-
The hearing of the case against D'Almada 'to reply. Mr. Justice road, narrowly missing us. able having regard to the evidence. Lindsell gave the Court's decision had to retreat to the wing of the Wong Shu-lun, allas Li Sau-hel, 24, "as follows:-"We are of the opinion stationary car to avoid being hit." described as a Chinese army off- There was another application that this is not a case in which
Witness said the occupant of cer, has been fixed for January 30 counsel would make but that con- leave to" appeal should be granted, the car was Mrs, Shield, whom he and 31, whert Wong appeared on, remand before Mr. R. Edwards at cerned the Full Court, should bls. It is quite clear from the Judge's recognised. application here be granted. He notes that there was abundant
the Central Court yesterday. Mr. would apply at the proper time to evidence of two witresses of the
G. S. Hugh-Jones will appear for call further evidence, the evidence whole transaction which resulted
the defence. of the concubine of appellant, who was present at certain gambling which took place and in which the complainant and the appellant took part
The conflict between the two stories told was that, according to complainant, she had band-- ed the $19,000 over to appellant, and he had stolen it, whereas the whole defence" of appellant was a total denial of the story. that the prosecution" had put
up the owed complainant $900
as a gambling debt.
The ground of appeal was that It would be unsafe to let the con- viction stand because of this con- fjetit boiled down to this, that in the main points of the matter there was only the evidence of the
OWNER'S EVIDENCE,
Mr. A. M." Thompson, owner or car No. 133, told the Court that he was sitting in his car which was
The defendant is charged on in the appellant's arrest and trial. The question for the jury to decide parked outside Lane Crawford's tree counts of wounding or caus- was one purely of fact. They saw He saw Mr. Zimmern and Mr. ing grievous bodily harm, with in- and heard the two witnesses. con- Churn
tent to murder. Detective-Sergeant and a friend passing in cerned, and, there being no ques- front of his car in an attempt to
Herbert Ramsey Terrett on Decem- tion of any misdirection in the cross the road but did not payber 2, and unlawful possession of caMbre summing-up-Indeed, it was ad- much attention to them,
an unlicensed 7.55 mm, mittedly not unfavourable to ap-
Walther automatic pistol and one pelant-they decided
round of ammunition, that the charge in the Indictment Was proved.
""
"The cases quoted to us form 扛o parallel whatever in my
view in such circumstances it seems to us that we cannot in- terfere or allow the matter to go to the Full Court for possible revision. For this reason hold that leave of appeal should be refused." -
WC
In answer to a remark by Mr.
The next thing I heard was a shout and I saw two men sitting on the outside front wing of my
car.
I looked and saw a large car stil moving diagonally into the curb to stop in front of Lane Crawford's."
The car was about 1 to 2 feet from him and witness regarded the turning was definitely sharp and without warning.
After the prosecution had given evidence, Mr. Forrest remarked that there was no evidence of dan
Detective Sergeant Terrett has left Queen Mary Hospital, and is convalescing
FRIDAY, JANUARY 13, 1939. PAGE 7
SPECIAL SALE
OF
SHOES, UNDERWEAR AND CORSETS
FOR
LADIES
WE HAVE A TRULY AMAZING
SELECTION OF SMART SHOES
SUITABLE FOR
EVENING. AFTERNOON AND DAY WEAR
THESE SHOES
MUST BE CLEARED
REGARDLESS OF COST
LANE CRAWFORD • LTD.
The House of Inality & Service
FUNERAL OF S.
P. O. RAVEN
Full Honours Accorded
Full naval honours were accord-
CLOTHING STOLEN FROM BARRACKS
the Sapper Killeen. of
22nd Company, R.E., was the complain- ant yesterday before Mr. R. A. D. Forrest at the Central Court when painter. Tsof Wal. 26, appeared clothing from Wellington Barracks at the Colonial Cemetery yesterday, un Wednesday.
of Stoker Petty Officer John Isaac Inspector Baker, who prosecuted, Raven, aged 34, of HMS, Medway, PICKPOCKETS
applied for and was granted a who died at the Royal Naval Hos- GAOLED
remand of 48 hours for further pital early yesterday morning. The Pleading guilty, to the charge of charges to be preferred against the Rev. W. J. Williams, Chaplain of
complainant and her daughter-ip sheldon. His Lordship agreed that gerous driving and discharged the of a charge of theft of a suft of ed at the funeral, which took place
law, who corroborated her, and
counsel submitted that in this casetence dating from the date of the there was no question of the sen- the evidence of the two was almost application. The rule. His Lord- that of one person. That evidence ship believed, was "that sentence was entirely uncorroborated by any dated from the first day of the other person and by itself showed sessions in which a defendant is a most extraordinary story,
Counsel then quoted from this
évidence, which showed that ap- pellant had taken complainant and
convicted,
her daughter-in-law to the Hong- INQUIRY AT
kong and Shanghat Bank on, a Sunday with the professed inten- tion of obtaining therefrom the deeds of the house which he was
INTERNMENT
Supposedly selling to her, had, on CAMP
the way, obtained the $19,000 from her and then had disappeared into the Bank building with the money, which she never saw again.
This had happened in December last. It was perhaps credible, counsel submitted. that until February she took no steps what- ever because she thought that though he had the money, there)
A court of inquiry is to be held at the Ma Tau Chung Chinese Soldiers' Camp to as- certain what can be done to deter the interned men from attempting to escape, and also how to avoid the necessity of having to shoot should such dashes for freedom be made,
was the house. But in February It is stated that the men are "she had discovered firstly, that he docile enough as a rule, but the had taken her money, and, second-boredom of sitting down with no-
defendant.
"
defendant.
theft from the person of Li Wing- chee of the sum of seven cents, a 19-year-old unemployed. Li Wing.) was sentenced to four weeks' Im- prisonment by Mr. R.AD. Forrest left at the Central Court yesterday.
AIR MAILS
The Della, of Imperial Airways, Kal Tak for Bangkok this
H.MS. Medway, officiated at the graveside.
TA
Floral tributes were sent by the following.
The Commander-in-Chief. Om- cers and Men of HM. Ships of the China Station at Hongkong: Cap-
Chlef
| morning' with mail and passengers A similar sentence was imposed for England and Australia. on Chan Chung. 32. unemployed.
The return northbound service, tafn, Officers and Men H.M.S. Med. who was convicted on the charge which is due in the Colony on way and Fourth Submarine Flotil- of pleking the pocket of Leung Lun Saturday afternoon, will not arrive Engineers and Officers. Med. in Gloucester Road on Wednesday until Sunday afternoon due to poor way; Mechaniciang and Chan was apprehended by a dis-weather conditions on the main Strokers Medway: Stokers Medway; watchman while, extracting line causing the flying boats to be Stokers 20th Mess Medway; Stokers the money from the complainaut.
a day overdue
The Air France plone. Ville de -HEALTH BULLETIN Bagdad, departs from Hongkong on Nine cases of dysentery, four Baturday morning at 6.30 o'clock
The Pan American cases of measles and one case each
Airways
trict
of cholera and chicken-pox were China Clipper is due at Kal Tak reported to the health authorities on Wednesday at noon. on Wednesday.
The Health Bulletin of Eastern LARCENY OF $500 Ports for the week ending Decem-
15. that the consideration on which thing to do sometimes overcomes ber 31 is as follows:- he took it was not his at all.
them and they make these at-
"NOT SAFE TO CONVICT"
The story, counsel went on, was not one on which it was safe to convict. The jury heard the evidence, he was in-, formed that the summing-up of the learned' Chlef Justice was far from against appellani. and the jury had not taken very long to decide.
26th Mess Medway; 18th, Mess Medway: 22nd Mess Medway; 28th Mess. Leading Stokers Medway: 28th Mess Medway: 24th Stokers' Mess Medway; Seaman Petty Om- Cers Messy Medway: Submarine Stoker Petty Officers; Submarine Chief Stokers and Acting Chief Stokers; Depot Ship E. R. A.'s Mess.
TRESPASS AND THEFT
Sentence of che month's impri- was imposed on Hui
Further evidence was heard be- Cholera--Calcutta 7, Madras 1. fore Mr. T. J. Houston at the Cen- tempts against their own better Negapatam 1. Hongkong 5.
tral Court yesterday when Wong | Judgment.
Small-Pox: Delhi 4. Calcutta 35, Shi-lung appeared on remand on- It is recognised that some dan-Madras 44, Rangoon 1. Salgona charge of larceny from the per- ger exists to passersby in the Cholon 5. Hongkong 6. Shanghai son of the sum of $500 from an sonment vicinity of the camp from stray | 105.
shots or bad marksmanship if and
RESTRICTIONS REMOVED
when would-be escapees have to be "Quarantine restrictions imposed shot at and the military au- | against arrivals from Macao on ac- thorities are anxious to devise some count of cholera have been re- means to rule out this langer. moved.
"POP-ROBIN THINKS AN ALIBI IS NECESSARY
HERE, BOY!
HAVE YOU SEEN A LARGE AIRPLANE CRASH ANYWHERE ABOUT HERE ?
No!
indian warder, Lall Khan, in Bon-Kwong, 21, unemployed, by Mr. R. ham Strand East on JanuarY, A. D. Forrest at the Central Court Mr.. M. A da Silva appeared for yesterday, for trespassing in Royal the defence.
Engineers' building site east of The hearing was adjourned till the Garrison Bergeants' Mess and Saturday morning. „
for theft of a piece of wood..
By J. MILLAR WATT
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