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THE FRENCH STORE
BEACONSFIELD ÁRCADE.
TEL. C. 794.
THE HONGKONG TELEGRAPH,
A HUGE FINE.
SENTENCE AGAINST BOAT MASTERED CONFIRMED.
་
A previous decision was confirm ed by Mr. W. Schofield at the Kowloon Magistracy yesterday in respect of the master of a fishing boat who was fined $40,000 with the alternative of twelve months' hard labour in default on being convicted on a charge of having in his possession on board his fishing boat 500 taels of prepared non-Government opium...
WEDNESDAY, DECEMBER 7, 1927.
MOTOR ACCIDENT.
INDIAN CHAUFFEUR CHARGED.
car
re-
At the Central Police Court, be- fore Mr. R. E. Lindsell, yesterday afternoon, Sandi Khan, the driver of Mr. C. Bernard Brown'a No. 1965, was charged on mand, with manslaughter in con- noxion with the death of a Chinese girl in a recent motor accident at Connaught Road West. There were also two other subsidiary counts of refusing to stop when Mr. G. R. Sayer appeared for called upon by the police to do so, the prosecution and Mr. A. E. Halland of driving in a manner danger- ous to the public. To thead vari- defended.
ous charges, the accused pleaded "not guilty through his solicitor, Mr. Leo d'Almada e Castro, Snr.
On the case being resumed yes terday, Mr. Hali again 'submitted that the statements made by the
defendants to the revenue officers on the sampan at the time of the arrest were not admissible 43 evidence, as the defendants had not been cautioned by the officers. The statements, which were to the effect the parcel. retrieved from the harbour was the same one us that which had been thrown overboard by the first de- fendant, were admitted by his Worship, who pointed out that the criterion was not whether the men were under arrest bat whether the officers had then made up their minds to charge the defendants with any specifie ollence.
Mr. Hall submitted that as they were in custody they could not be questioned by the officers with- out being duly cautioned.
His Worship ruled against Mr. Hall
The prosecution was conducted by Inspector Alexander of the Traffic Department, with Mr. R. A. Wadeson also appearing to watch the case on behalf of the owner of
the car...
It was proposed to proceed 'iin- mediately with the evidence, with- out the usual opening statement..
Replying to Mr. d'Almada's query, his Worship sald that it was merely alleged that the car was being driven at an excessive speed along the Praya westwards, at the time of the accident, and that it ran down certain persons who were walking in the inside of the road.
.
Drunkenness Not Alleged.
Mr. d'Almada asked if it was alleged also that the defendant was under the influence of drink. Inspector Alexander: We are hot golug to say that he drank. We will say that he had been drinking.
W38
3
The first defendant.. was then called to give evidence and he said that the second and third defendants were his fokis. Wit- The first witness called, In- ness denied that any parcel had spector Peter Grant, in charge of been thrown overboard from his the West division, said that on. a aampan. When asked if he had report, being made to him of the any contraband on board he in-accident, he went, to a garage formed the officere that he had at No.485 Queen's Road West.
further not. Witness
denied Here, he found defendant, ownership of the parcel when it woman and two other Indians, who was brought up from the bottom emerged from the kitchen at the of the harbour.
moment that he pushed open the street door. The defendant had on a driver's uniform cap, and when questioned said that he had, time of his return as 8 pm. At returned from a drive, giving the witneus instigation, the defendant endeavoured to start the engine Mr. Sayer asked his Worship with the self-starter, but the en- not to be mesmerized by the gine did not fire. Finally, he word "ok" which he submitted came to witness and said that he was used in the sense of an abel- could not drive the car as there ter, accomplice er conspirator.was no water in the radiator. Mr. Sayer submitted that the
Meaning of "Foki."
Mr. Hall then asked for the discharge of the second and third defendants, as they were only fokis.
second and third defendants were On a personal examination, wit- equally guilty and remarked that Ress was able to discern that the his Department was not satisfied body of the car had been knock- ed out of angle. Both headlights with the conviction of one man.
were damaged, the glass of one being smashed and the other cracked, and the supporting frame pushed back. The radiator pushed out of position, and the bonnet twisted and dented. Beth front mudguards were also bant,
His Worship intimated to Mr. Sayer that if his Department wish ed to charge fokis they should have charged them with aiding and abetting. There was no evi- dence to show that they knew of the presence of the opium on. board. They should either have been charged with aiding and abetting or guilty knowledge
I should have been proved.
Mr. Sayer: If it is a question of informality" by us charging them with possession of the oplum instead of aiding and abetting, I still submit that the Court should support us in such a serious case as this.
After further argument the second and third defendants were discharged,
wag
Examining the rear of the gar, witness also discovered a further dent in the near mudguard.
Damage to Car.
The question of damage, to the. car was one that would be minute.
gone into, intimated Inspector Alexander, at this stage of the evidence, as it bore a close relation
to the nature of the case.
was
Questioned by Mr. d'Almada, Inspector Grant said that the damage to the car was consistent with the theory that it Mr. Hall then addressed the brought about by collision with Court on behalf of the first de-human beings. It was not com- fendant, submitting that the case patible with a collision, say with for the prosecution was weak, and hard object, or with damage incomplete. He did not suggest produced through being knocked that it was a case of manufactur- with a porter's bamboo-pole, as ed evidence but one of mistaken this would have left scratches. identity.
Witness' personal view was that the damage was caused through the car knocking down, a human being...
Mr. Hall further submitted that the prosecution had failed to prove that the parcel found was the Identical one to that thrown over- board,
Allegations of Assault. His Worship pointed out that the missing link was supplied by the defendant's statement which he had accepted as evidence. The first accused would be convicted on the charge.
Before sentence was imposed Mr. Sayer said that certain charges of serious impropriety had been made against his Department.
Dr. Alexander Cannon, In charge of the Mortuary, described minute- ly the voilent nature and location of the injuries which "Included fractured and crushed ribs and a raptured spleen. From the fen- tures presented, he visualised the deceased to have been in a standing position, when she WAS struck in the right side of the back by the car: then carried by the momentum for a little distance, forward and outward, until she fell and was run over by the
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about £10,000 by fraud, whilst the was offered in prize money. other two defendants had obtain- project was stopped by the. ed nearly £12,000 by means of the police and, Tester and the `otl forged certificates.
directors were arrested. In`a Counsel added that a man named following June he was released Hammond, who had already been bail. He went to Leeds, obtali sentenced for the part he played £8,000 from a business firm th in the frauds, was a clerk in the and then fled to France. Th employ of the Equitable Trust, was no doubt he had been and when inquiries were made by prime mover in these frauds. unsuspecting persons regarding Petrie, Inspector Green sta Stated to be the prime mover of the shares on which loans were had been previously, convicted conspiracy, Ernest asked, he would assure them that the Old Bailey of fraudulent o It was pointed out by His Wheel of the car. A broken fore-a gigantic Worship that the allegations of arm suggested the instinctive ges: William Tester (50), accountant, the defendants had a legal title to versation and at present was se being was sentenced to four years' the shares. The frauds wore ing a sentence of 15 months in assault had been made by Mr. Lo,ture which & pornon, who made the original application, thus struck would make to save penal servitude at the Old Balley, brought to light when a final at Second Division. During the
herself from a fall. The cause London, when he pleaded guilty tempt to obtain £8,000 was mado. while acting as manager for a a and pot by Mr. Hall.
Mr. Sayer said that Mr. Hall of death was internal haemorr- to forging phare certificates of the A Venture in Cairo.. engaged on important work took up the case from where it hage, including that of the heart, Equitable Trust of London (Limit Detective-Inspector Green said nected with aircraft, he deliber
ed.) "
that some years ago Tester formad ly set the employees to mak Evidence of identification of the Two other men, Gerald Norman a company to take over Ciro's furniture for his own home, us deceased, who was a young wo Corbett (36), motor engineer, and Club in Cairo. This place was Government materials. It was man of 20, was given by rela- John Malcolm Petrie (87), en frequented by officers of the timated that by his action tivos:
gineer, were, found guilty of forces, but it was largely used for robbed the country of some £5,0 charges of conspiring together to gaming, and after a time Tester Corbett was said by Inspe defraud such persons who might left hurriedly. His wife, who had Green to have had a hitherto, be induced to believe that they invested £1,000 in the venture, blemished character. It was were the owners of large blocks of lost her money and subsequently lieved that in committing shares in the company. Petrie Tester left her. The offences he had acted under
In April last year with some of influence of Petric was sentenced to 18 month's hard labour, and was sentenced to six the proceeds of his forgeries, he The Common Sergeant, desc months imprisonment in the Soe floated a company in Ireland called the forgeries as most dan ond Division, od Irish Attractions, Limited, Its ous, and said that he regal Mr. Percival Clarke, prosecut purpose being, to run a big sweep Petrie s a most unscrupu
was left, by Mr. Lo.
Mr. Hall replied that he made no allegations against Mr. Sayer's Department.
Mr. Sayer said that when Mr. Hall came into the case he said that he was applying for a re- hearing on the same grounds as Mr. Lo and the allegations made against his. Department were not withdrawn.
and attendant shock.
The hearing was adjourned,
Mr. Sayer asking for the maximum penalty,
The defendant was fined $60,000 or one year's imprisonment.
It will be remembered at the original hearing the first defen- Idant was fined $40,000 and the
Mr. Hall replied that he had not cross-examined the witnesses on the matter of assault, which show ed that he made no allegations.
The matter was then dropped, second and third $10,000 caching, enld Tester had obtained stake on the Derby, and $20,000 man
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