PROMISSORY NOTE DISPUTE.
LENDER TO GET $208 IN 17 YEARS.
INSTALMENT ORDER.
STOWAWAY CASE- PROBLEM.
THE HONGKONG TELEGRAPH,
QUESTION OF AUTHORITY TO ORDER FARE PAYMENT.
MAGISTRATE'S
DOUBT.
Another poser presented itself to An allegation that he was forced to sue defendant because the lat- Mr. Whyte Smith, at the Kowloon ter wanted to pay the money little Magistracy this morning when he was asked to make an order against by little, was made by Sawan, an Indian money-lender, in the Sum-six stowaways to pay their fares mary Court this morning, before to the agents for the Empress of the Puisne Judge (Mr. Justice Canada, on board which ship thay had attempted to evade payment of their passages to Manila.
Wood). Defendant was Ah Kwai, a motor bus driver, who was sued for the sum of $224, being $200 principal and the balance Interest, due under a promissory note dated August 16, 1927, Both parties conducted their own cases.
His Worship doubted whether he had authority to order the men to reimburse the Company Journed the case for the prosecution
to consult the law officers.
BRITISH MASTER SUMMONED,
TUESDAY, MAY 13, 1930.
CRIMINAL GANG ARRESTED,
·PAMPHLETS ON A
HOTEL ROOF."
(Continued from Page 1.)
POSSESSION OF SEDITIOUS LITERATURE CHARGE.
WOMAN LEADER AND ELEVEN OTHERS CAPTURED.
suggestion that he could not have CHINESE SENTENCED. SHANGHAI ARRESTS.
Could See Well. Witness negatived Mr. Marton's been able to read the mařka very
Convicted of being in possession well, contending that from where be
of was standing, he could have read of seditious pamphlets, some
the Hongkong Government and the the marks as well as if he had been which urged the over-throwing af on the level of the water.
The torch he carried was a very organisation of political, economic and could throw a and industrial strikes for the usur- powerful one beam of light to a distance of 600 ping of British Imperialism in this feet and the distance from his eyes, Hongkong, a Northern Chinese, in his position, to the markings en named Foo King-yim, was the side of the ship, could not have morning sentenced by Mr Grant ham at the Central Magistracy, to been mure than five feet. and ad- In answer to Mr. Marton's sug-nine months imprisonment.
Sergt. O' Donovan said that gestion, witness maintained that -the distance could not have been about 8.16 p.m. on April 30, two more than five feet and certainly district watchmen were on duty at was not as much as seven or eight the roof garden of the Mei Chow Hotel, Des Veoux Road Central, feet.
when one of them saw defendant standing over by the east side, with
parcel in his hand. He asked him what the parcel contained, but the defendant re- fused to open it, and the watchman called his foki, who took the parcel from the defendant, opened it, and found it to contain about 200 seditous pamphlets.
Element of Doubt.
The six stowaways were found Plaintiff stated, in evidence, on board the Empress of Canada that he advanced $100 on the note on Friday last, one day after the which defendant, following the ship had left Hongkong for Manila, usual custom, signed for double. to be brought back on the ship's Interest for six months was claim-return to Hongkong, where they
He agreed that there was always ed.
were handed over to the policer
a certain element of doubt about! The defendants admitted that the reading of these marks. The admitted that he borrowed $100 they had been found on the ship sea was choppy, but he could not without tickets, but said they had say that it was extremely so, as Mr. had no intention of stowing away Marton suggested. Witness con to Manila. They said they had gone tended that he could not have been on board to gamble, the ship leav-more than two inches out of his ing without their realising it had reckoning at the most. departed from port.
In cross-examination, defendant
but said that he only owed two montha interest.
To this, plaintiff replied that he would accept judgment for that amount, as he would obtain double the principal.
Defendant said the reason why ho was sued was because he re- fused to accede to plaintiff's re- quest and sign a new note.
Plaintiff denied this, saying that he took the note to defendant for
payment but defendant's friend told him to be sued in order to pay the money little by little.
His Lordship entered judgment by consent for plaintiff for $208
|
Detective Sergeant Humphreys mentioned that all the defendants had quite large sums of money on His Worship imposed fines of $50,
1hem.
or une month's hard labour each.
Mr. King, master-at-arms on
board of the Empress of Canada, then applied to his Worship to make an order requiring the defen- dants to pay their fares.
His Worship remarked that he
Shanghai, May: 9. Believed to be members of one
operating in Shanghai, 12 persons, of the most daring organized gangs alleged to have been concerned In no fewer than 16 armed robberies, four murders and two attempted Shanghai Municipal Police and murders, have been arrested by the will be charged to-morrow morn ing in the Shanghai Special Dis- trict Court.
It is thought that this gang. w33 responsible for the murder of a Chinese police constable at the corner of Dent and East Yuhang Roads in January last when, the deceased man and a coarade at- tempted to search them. Two other alleged victims are said to have been members of their gang, one of whom threatened to turn informer and the other one of the leaders who took a lion's share of the proceeds of an armed robbery.
own
1M-
The district watchmen arrested One of the prisoners is a woman him and took the man to the Cen- who is thought to be the brains Mr. Marton:--Was there a com-trul Police Station. The same and the actual ringleader, of the motion on the boat at the time?-night the police went with defen- sang. This Individuals alleged There were a few people looking dant's sanction, to search his house to have instigated the murders an, but certainly there was no com-in Queen's Road East, but found und planned the robberies, and
there. The defendant she is thought also, not only t motion. There was a bit of a stir. nothing
What do you mean by a "few told them that he had been given are carried the arras and people?" Do you mean five, ten or the parcel by a friend. He gave munition for the members of her a hundred There were about an address in Queen's Road East, gang, but to have taken part in half a dozen people looking on which they visited, but although most of the rubberies herself.
The arrest of the gang brought about in the following manner:-On April 25, a Chinese detective constable living in Saw- discovered that armed robbers were inside his house. He at ed seven or eight shots with the once got into action and exchang-
I put it-to your there were about they discovered that such a man did 150 people looking on? If there live there, he was missing and had not been heard of since. The were, i didn't see them.
corroborated If there were such a large num-district watchmen
Was
and ordered instalments of $7 per was afraid that he had no authority, ber of people leaning over the this statement, and defendant said win Road was going home when he
to make such an order. He pointed out that he could order a defendant rails, it would have affected the list that he went to
month, the first instalment to he paid on the fist day of next
month.
PODMORE'S APPEAL.
DISMISSED.
FINAL CURTAIN FALLS ON
GARAGE CRIME.
The appeal of William Henry Podmore, who was sentenced to death by the Lord Chief Justice for the murder of Vivian Messiter in a garage at Southampton, was dismissed.
The appeal was heard Justices Avery, Finlay.
Branson
to pay his fine if he had money, but of the ship, wouldn't it? That de-Hotel on the night in question with he knew of no authority for mak-pends on how the cargo is placed. ing the order requested.
His Worship adjourned the case until to-morrow for the police to consult the law oflicers, meanwhile eanelling the fines.
Another Case.
What was the mean draught after you had handed the clearance hack?-10 feet 5 inches.
Vessel's Draft,
the Mei Chow two friends. One of them out the parcel on the table, and defendant picked it up. The district watch- men then approached and arrested
him. His two friends ran away.
Sergt. O'Donovan said there was nothing known against the secused. Mr. Grantham-How long have
A second case concerning two that the Tin Yat went into Kow-you lived in Hongkong?
To his Worship. Mr. Marton said
loon Dock on May 3 and was examined. It was found by a
Defendant:-Over three months. Mr. Grantham:You say you are
Defendant:-No.
Hoklo coolies who had stowed away on board the
Cremer from 9.4. Singapore, was mentioned before Government Marine Surveyor that a student. Do you go to school? his Worship, the defendants being the mean draught of the vessel, rach fined $50, or one month's hard measured from the centre of the disc to the keel of the vessel, was labour each.
10 feet 8 inches.
The two men were stated to have been found on board the day after by the vessel had left Singapore. The and first defendant was hiding behind
Mr. Low said that a few days ago, Mr. Marton and a Government Marine Surveyor saw him and in- a winch, while the second was mix-formed him that according to the measurements just made, the meani draught of the vessel was found to 10 feet 8 inches. Witness be agreed that that was the measure-
Podmore, who was present,ing with the steerage passengers. guarded by three warders, was The second defendant pleaded represented by Mr. H. du Parcq.that he had lost his ticket.
Sir K.C., and Mr. T. R. C. Goff. Thomas Inskip, K.C., and Mr. J.
G. Trapnel appeared for the Crown.
While Mr. Justice Avory was delivering judgment, ending with the fateful words, "The appeal
Sergt. O'Donovan said that al- though the defendant came down to Hongkong three months ago as a student, he had not even been out to look for a school.
Hie Worship convicted and im- posed a sentence of nine months,
COMMUNISM IN US,
When told that the man had $14ment made by the Marine Surve SPECIAL INVESTIGATION TO in his possession, his Worship re- yor, but he could not say on his marked that it seemed to be passion authority that that was the ble that he might have had a ticket definite figure. but had lost it.
It was ascertained from the de- fondant that he had made no re-
gang.
In doing so, he received two wounds in the left arm and a slight wound in the head.
Shortly afterwards, one of the to St. Luke's gang was admitted Hospital suffering from gunshot accompanied wounds, lle there by a woman. The police were at once notified and the pair were detained. The information of these two led to the arrest of the others.
was
FEUD ENDS IN A MURDER.
POULTRY FARMER SHOOTS ANOTHER ONE.
BE MADE.
A long-standing feud between two neighbouring poultry farmers Washington, May 12. at Rawcliffe Lancashire ended at Witness went on to say the fact Mr. Snell, Chairman of the Rules dawn one morning, when one of that the measurements were made Committee of the House of Re-them Mr. Edward Swardbrick, aged when the vessel was on the slip.
plained the difference.
will be dismissed," Podmore made port to the officers of the ship of way, high and dry might haxe ex-Presentatives, has introduced a 37, of Myrtle Cottage Farm, was
a number of notes in a book. He walked quickly down the steps when the last sentence ended his hopes.
Twofold Appeal.
We
be
Mr. du Parcq said the grounds of appeal might be said to twofold.
"First,
desire to contend that evidence was admitted which ought not to have been admitted, and, second, there were matters with which, in my submission,
the summing up ought to have dealt and with which it did not deal."
Mr. du Pape argued that entries made in a book by one were now dead (Mr. Messiter) prima facie not
in admissible
evidence against anybody.
his loss, either before or after be ing found and accused of stowing away.
His Worship the said that he could not believe the defendant's story, as it seemed to be an after- thought.
The compradore of the ship in- forn.ed his Worship that the de- fendant had tried to escape when he arrived in port.
BEGUM OF BHOPAL.
DEATH OF FORMER RULING PRINCESS.
Bhopal City, May 12. The septuagenarian, the Regum In reference to the summing of Bhopal, has died after an opera- up, Mr. du Pareq said that the tin. Bhopal is the principal Mos- Lord Chief Justice, in dealing fem state of Central India and the Begurs was ruling Princess over it with the defence, passed over in silence mots of the matters which, from 1901 until 1926 when she ab- in his (Mr. du Parcy's) submixdicated in favour of her son, the aion, could be fairly urged against Present Nawab. She was one of the probability of Podmore having the pioneers of the education of committed the orime, and with women in India-Reuter. regard to one of them at least.
a point what
24 3
had put to the jury as rather
Podmore, against ought to have been used matter very much in his favour. This was Podmore's visit on the day of the murder in a motor car to Downton, where Podmore was afterwards employed by Mr. Mitchell.
No Misdirection.
RADIO TELEPHONE.
::
BELGIUM LINKED WITH THE DUTCH INDIES.
Brussels, May 12.
A new wireless telephonic ser- vice between Belgium and the Dutch Indies was inaugurated to- Mr. Justice Avory, giving judg-day by the Minister of Posts and ment, said with regard to the Telegraphs when he Conversed objection to the judge's summing with the Director-General of Pub- up, the complaint which wase Works at Bandoeng.-Reuter.
made was the usual complaint-
presented with unusual persua-
siveness-namely, that the sum-
The result of inquiries now be
ming up might have been moreing made by Scotland Yard into favourable to the accused.
"We are quite unable;" con-
the death of a man about a year
.tinued Mr. Justice Avery, "to find go, and who lived at Hampstead,
ex-
IN.W., will determine whether ap- in the summing up any ground plication shall be made to the for saving that there was any Home Office for an order for misdirection of the jury.
humation. Allegations in
a let- "On the contrary, it was ter to Scotland Yard suggest that most elaborate review of all the he died from poisoning. The man evidence, with the warning to the was certified as having died from jury over and over again that they natural causes. Chief Inspector were to convict only if they had Helby and Detective-Sergeant no reasonable doubt of the guilt Beard have taken statements from of the accused.
persons resident in London and "The appeal will be dismissed." Dartford, Kent.
resolution to authorise an in shot dead by the other, William of the activities of Gardner, aged 63, of Post Office Mr. D. G. Cairns, also of the vestigation
Gardner's body was re- Harbour Office, corroborated Mr. Communists in the United States
covered an hour later from a pond. a special Committee of by Low's evidence.
House-Reuter's American
Gardner killed Mr. Swarbrick |
vice.
Farm.
the Ser-
Worship
with a shotgun, firing both barrela from eight yards' range. Mr. Swarbrick's wife, who followed
Case Adjourned.
At this point, his to-morrow in order to enable him decided to adjourn the case until COALMINE EXPLOSION. her husband from the house on
to have a look at the ship this afternoon, when he might be able to form an opinion for himself
NINE MINERS KILLED IN SILESIA.
hearing the shots, tried to inter- cept Gardner as he ran up the garden path. He pointed the gun at her, raving like a madman, and pulled the trigger, but he had not had time to reload.. Later, how- Nine miners were
ever, when the gun was found on This Worship then decided to three seriously injured in a fire- the edge of the pond, there were adjourn the case until Thursday damp explosion at a local coal- live cartridges in both barrels morning.
Mr. Murton, however, pointed out that the Tin Yat would not be in port to-morrow.
Hindenburg, May 12.
killed and
mine. Reuter.
"I invite them to dinner. He's a splendid lawyer and can tell us what we should do."
and
in
Gardner's
four more pockets.
Mr. Swarbrick's uncle, Mr. John Parker, who lives next door, stated that the feud began over a claim to right of way to a well in Mr. Swarbrick's garden. Mr. Parker said:
Bofore daylight Gardner came with his billhook to hack away at the hedge of Myrtle Cottage, aa he had done every morning for weeks. Ever since my nephew summoned him unsuccessfully for using threats last October hc seemed determined to goad my nephew to violence,
As my nephew walked towards Gardner he was shot in the head. Gardner walked through
the garden gate and stepped over the body, which lay in a pool of blood. He seemed crazy. He walked without hurry, muttering, "I'll land the for bothering me." He carried bis gun at the "ready," as if prepared to shoot anyone he met.
PERSIAN VISITATION.
DEATHS IN EARTHQUAKE NOW PUT AT 3,000.
"Teheran, "May 12.
It is now believed that the death roll in the Persian earthquake is nearer three thousand than two
thousand.
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A thrilling story of the underworld of Paris. Men and women fighting for their lives and each other!
Beasts of preyliving on the ELAINE HAMMERSTEIN fruits of other men's labour.
AND
LOU TELLECEN
in
Parisian
Night's
г..O.
PICTURE
SLAUGHTER BY BANDIT ARMY.
WHOLE CHINA COUNTRYSIDE RAVAGED.
Peking, May 12.
་
7
Supported by
William J. Kelly
RENEE ADOREE
Showing for the FIRST TIME in Hongkong.
RUBBER RESTRICTION
LEGISLATION.
NONE IN MALAYA UNLESS STRONGLY URGED.
Singapore, May 12.
With reference to the recent,
agreements among
A foreign report from Hankow states that 8,000 to 4,000 bandits voluntary have captured Yunyang, on the various Malayan rubber, planting Honan-Hupeh border, and have
The shocks are lessening at ruthlessly slaughtered 15,000 per bodies to restrict tapping, the Tabriz, but are still very severe ple and carried off 500 hostages for Straits Government states that it round Salmas, which is inacces-ransom, also looting and burning will not legislate in this connexion sible by road, as a new rift, two the surrounding neighbourhood unless a unanimous request is miles across, has formed between and destroying whole villages.strongly pressed by the bodies can there and Urumysh-Reuter.
trolling the industry-Reuter Reuter,