BANISHEE WELL PUNISHED.
"
TO BE IMPRISONED AND BIRCHED.
SNATCHING INCIDENT.
YUNNANESE JOIN CANTONESE.
AFTER MARCH THROUGH REBEL TERRITORY,
GUNBOAT ACTIVITY:
Canton, Aug. 28.
THE HONGKONG TELEGRAPH, FRIDAY, AUGUST 29, 1930.
́TWO LOCAL ESTATES PROVED.
ASSISTANT TRADE COMMISSIONER.
PUBLIC HOUSE TOUR.
STRAITS MERCHANT LEAVES MR. D. M. MAYNARD ARRIVES M.P. WEARS SALVATION ARMY
$34,000 HERE.
IN COLONY.
Word has been received through the offices of the United States Trade Commissioner, Mr. Gran-
UNIFORM.
ville Woodard, of the arrival on i THE CHUCKER-OUT.
Wearing the uniform of a Salvá-
Hongkong-estate to the valuo of $34,000 was left by Leong Yew teng, shop-keeper, late of No. 34. Upper Weld Road, Singapore, who Whilst walking along Bonham
died on March 6, this year. Pro- Tuesday, August 26th, of Mr. bate has been granted to the wi-David M. Maynard, formerly of tion Army officer, and carrying a Road on Wednesday morning, a
The Yunnanese troops at pre- Chinese school girl, Leung Chik seat operating in Kwangsi have dow, Leong Lec-ace, the sole ex-Claremont, California, who has bundle of "War Cry" papers under (18) had a wristlet watch snatch now marched right through the cutrix appointed in the will, who been appointed Assistant Trade his arm, Mr. Ernest Winterton, ed from her by a man, Chan Pui territory under the control of the is temporarily residing at No. 189, Commissioner to Hongkong. M. P. for Loughborough, made a Mr. Maynard is a graduate of prolonged "pub crawl" in London Street. He was chased and caught hands with the Cantonese forces Straits Settlements for 20 years and sities and received the degree of (21), unemployed, of 45, Catchick Kwangai rebels and have joined Connaught Road West.
Testator had resided in the Princeton of Columbia Univer-and the provinces. and appeared before Mr. Lindsell at Pin Yang at the Central Police Court this
His object was to see for him- General Lu Han, Commander-in-owned, two firms, the Cheong Seng Doctor of Philosophy from the self the conditions which obtained morning on charges of snatching Chief of the 10th Route Army Loong and the Cheong Seng Fatt University of Chicago. and of returning from banishment. (Yunnanese forces) is expected at be spent on his funeral and that a the American Committee of the mission.
He directs that the sum of $3,000
in relation to the housing, and to Mr. Maynard was a member of get evidence for the Licensing Com Originally a charge of highway Wuchow to confer with General robbery was brought agalast the Chan Chai-tong. Commander-in-similar sum be given to his son for League of Nations, Geneva, for defendant,
"I first made a survey of the re- Detective Sergeant Chief of the Nationalist Forces in marriage expenses Testator fur-several years and during the year lation between the ever-licensed
South Clark asking for committal.
China.
ther directs that all debts due to 1926 was Although the The defendant admitted both Yunnanese forces have crossed the firms be given to his widow, Secretariat of the League of and for that purpose I visited member of the areas and the housing conditions. charges, and his Worship asked if right through Southern Kwangsi,
Leicester, Nottingham, Manchester, a sentence of one year's hard la-It does not mean by any means. bour was not sufficient.
that the rebels have been entirely
Before accepting the appoint Liverpool, Birkenhead and Bir The officer replied that he had suppressed. General Lu Han met
ment with the United States Demingham," Mr. Winterton said. partment of received instructions from the Sec with little opposition during his
Commerce, Mr.
20 Houses in a night.. and Assistant Director of Criminal | march and the only major engage-
Maynard was Professor of Inter- national Relations at Lake Forest Whit-week holiday. In addition I "This took up the whole of my Intelligence to ask for the case to|ment in which he met the enemy be committed.
University, Illinois. "
House and Bethnal Green at the made a survey of Shadwell, Custom end of May. Last Friday night I revisited some of these London areas.
His Worship directed the officer to communicate with his superiors again and on returning to Court Detective Sergeant Clark stated that the officers were agrecable that the case be taken summarily.
The
'month' hard
troops was when he attempted to capture Nanning and was severely repulsed.
w
THE "TELEGRAPH" ART SUPPLEMENT.
Topical Pictures For To-morrow.
To-morrow's issue of the Telegraph Art Supplement will contain an interesting selection of topical pictures.
sporting
many events illustrated will be the lawn bowls matches between Craigengower and Taikoo and between Civil Service and the K.C.C., as well as the base-
The 251st Regiment of the 63rd Division, under Colonel Yip Shau- riu, is reported to have entered Tai Ping Hue. The rest of the
Amongst defendant was given six 63rd Division under General Li labour and Yang-King, is in the neighbour- twenty-four strokes of the hood of Mong Kiang advancing birch on the charge of shatch-along the West River, with ing
complainant, Nanning as their ultimate object. and a further six months and General Li Yang-king himself has twenty-four strokes of the birch on just returned to Mong Kiang after the count of returning from banish being for a few days in Wuchow, where he attended à conference of all the Divisional Commandere under
meat.
from the
HEALTH BUREAU CASE ENDS.
(Continued from Page 1.) Service Intelligence Bureau wilfully and with intent to defeaud did make or concur in making a false entry in a certain cash or account book belong ing to the said Bureau purporting to show that on the said date $520 had been paid as the office salary for one canvasser, August to March, contrary to Section to 74 (B) of the Larceny Ordinance No. 5 of 1865.
a clerk officer
in
After hearing evidence for the prosecution and for the defence, Mr. Grantham, P.M., discharged the defendant.
Not Satisfied.
|
the Commander-in-Chief, General Chan Chai-tong.
are
The Kwangtung Províncial Fleet, the 4th Naval Squadron, is also affording active co-operation with the troops in the Kwangsi campaign and gunboats patrolling the West River above. Wuchow. General Chan Chai-tong has requested the Naval Bureau here to dend up more gunboats to Kwangsi-Our Own Correspon-
dent,
Ordinance, and submitted that the section had nothing to do with the question autrefois
was a saying in view of the fact that the Forgery Ordinance 1922 was forgery legislation.
not inclusive of all local
No Bar to Complaint.
ball match in which the. Ja- panese defeated the Filipinos. Players who took part in the mixed doubles tennis match between the I.R.C, and U.S.C.R. will also be shown in a group.
Another interesting picture will be a group of the Kowloon Dock kilted Boy Scouts, whilst other photographs will show the guests at a. party given by Mr. H. S. Mok to the staff of the South China Athletic As- sociation, the new Central Bank of China building in Canton, and several bathing pictures. 20180101965650) İNSTANZA DAKI
to
Court is
exercise rectify
sure-
its
Nations.
3
Mr. and Mrs. Maynard are now in residence at the Repulse Bay Hotel.
21 YEARS AGO.
SOME EXTRACTS FROM THE "TELEGRAPH" FILES.
The following extracts are from the Hongkong Telegraph for the week ended August 28th, 1909.
"My 'pub-crawl' extended to 20 bouses in one night. I had to have an excuse for entering them all, so, accompanied by a Salvation Army Headquarters officer, and dressed in the Army uniform, I sold copies of the War Cry' and the 'Young Soldier' to those inside.
"What struck me most was that there were more women than men The rate of the dollar on de-public bars in London. My visits
drinking, both in the saloon and· mand was 15, 88.
were between 8 pan. and 10 p.m.. and towards 10 o'clock the bars Arrangements were made by were crowded with women, many leading Chinese merchants to pre-being unable to find seating accom- sent to Dr. G. Montague Harstonmodation. several pieces of embroidered silk "London women in the poorer in recognition of his voluntary quarters seems to prefer stout to services in treating cases of eye other. beverages. A disquieting discase at the Tung Wah Hospital. feature was the number of young
women in the houses..
A reader wrote auggesting that in lieu of raising other revenue. the Government should tax all
bachelors, spinsters, widows and widowers.
An Ordinance to provide for the establishment of a Dogs Home was passed by the Legislative Council,
The Chucker-out.
girls, aged between 17 and 20 with "In Hoxton I found a number of
a group of young men in a house at five minutes after the closing hour. When the 'chucker-out' saw. us he was obviously frightened be cause it was past time, and in get ting the men out there was nearly a free fight between them.
Military officers aurveyed the "I saw no catering in the even- New Territories to discover what ing hours, but I found, particularly existed facilities in the way of roads in Bethnal Green, notices every- guards of mounted
for stationing patrol where advertising food. One was in districts liable to attacks by cheese and pickles, and a glass of constabulary impressive.. It read: Bread, bands of robbers
ale---6d.
"A great number of workmen
are the most popular public-house "Darta, shove-ha'penny and cards
games, but I saw no evidence of gambling.
►
WAR AMMUNITIONS FOR CHINA.
after which the remainder of the estate is to be divided into ten shares and distributed among the thing
family. on or about the 9th day of
The will states that April, 1930 at Victoria aforesaid being
share
one must be or servant of the Health
used for Service Intelligence Bureau wilfully
paying the expenses of obser and with intent to defraud did mako
vance and performance of the or concur, in making a false entry
rights and usages of Sinchew, for a certain voucher belonging to the
I will say straight away that I ashes and memorial tablets of his the purpose of depositing all the said bureau
purporting to show that concur with Mr. Lo's interpreta-parents, his wife, himself and his on said date $520 had been paid to tion of this section and that I con- children, and for the performance Hr. T. K. Leng (or Leung) as salary from 1st August, 1930 to 31st March, sider it affords no bar to the pre- by his song or their sons' sons of 1930 contrary to Section 74 (8) of the sent complaint. Larceny Ordinance No. 6 of 1865.
I will now consider the submis-gious ceremonials.
the yearly rites, prayers and reli- sion that the plea of autrefois
Rev. F. D. Bunt, M.A. has enter-go to these houses for cheap lun- acquit is bad, being after a plea Au Yin-sang, alias Au King-appointed to H.MS. Suffolk
Au Sau
(or sou)-tak, aliased the Navy as a Chaplain and is ches, and this brings them back of not guilty. The heading of the hing,
again at night. formerly 4 clerk report of the King. Banks (1911 Messrs. Butterfield and Swire, hold that evidence of the facts 2K.B. p 1095) reads:
The appellant and another person
who died at the Tung
alleged in the present complaint, In his cross-examination of the were charged upon a Coroners in Wah Eastern Hospital on or about namely that the defendant, on or complainant in the present com- quisition with the murder of a child, July 2, this year, left local estate about the 9th day of April 1930 plaint Mr. d'Almada elicited from and the appellant was also charged worth $1,900. He was late of No. unlawfully did utter, then well
Slum Tolerance. - him that he was dissatisfied with alone upon an indictment with the 8b, East Street, Quarry Bay. Let knowing the same to have been Mr. Grantham's decision and that manslaughter of the child, to peth of ters of administration have been document to wit, a' voucher pur- are held in respect by those who "It was a revelation to me how feloniously forged, 4 certain much the Salvation Army officera he would continue to prosecute]
which until he was satisfied there was a guilty. Counsel for the prosecution chun, who is living at the Quarry Leung for the sum of $520, i.c. & social life.
they pleaded respectively not granted to the widow, Yu Kam- porting to be signed by one T. K. resort to publichouses for their T. K. Leung. Complainant
offered no idence upon the Coroner's mitted in the evidence given by ug di ection of the judge found a ad inquisition for murder and the jury
Bay address.
They are obviously valuable security forged with in- looked upon as real friends. him in both cases he alleged that verdict if not guilty upon the inuuisi-ceedings, the
tent to defraud, would have been defendant, by a false voucher, de- tion. Before the jury were sworn to
"My general conclusion was that ly entitled
enough to procure his conviction the slum conditions frauded the Bureau, but when Mr. try
are worse to the indictment the appellant discretion,
on charge 5 of the previous case where the d'Almada sought to obtain an ad- hand
handed in
are public-houses an additional plea of error, and to accept a plea of defraud making or concurring in
any for wilfully and with intent to thickest. mission from him that in regard to autrefois acquit, and, the jury having autrefois acquit as though it had making a false entry in a certain tenants heedless and tolerant of "The public-bouse makes the Charges 5 and 6 of the previous been sworn, the appellant was first originally been properly pleaded, cash book-contrary to Section 74 the conditions of the property in case defendant was in peril in tried upon that plea. By direction of leaving, the defendant the opport (b) of the Larceny Ordinance which they live." respect of the present complaint it the judge the jury found against unity of pleading over, to the No. 5 of 1865. If the voucher was was ruled that this question was then on the plea and he wa
apped upon his plea of not guilty | for the Court to decide.
felony. Mr. d'Almada in the course of against the conviction on the ground and was convicted. Upon appeal
feloniously forged, the entry of Plea Accepted.
which it is said by the complainant his cross-examination of this wit- that the judge ought to havo held autrefois acquit and proceed to be false and fraudulent, and it has I therefore accept a plea of to be in support must necessarily ness read from page 5 of the de- that the plea of autrefois acquit was consider it on its merits. It is never been suggested that defen positions of the previous case the good:- following passage:-"Ex. J. (cash)
that
the appellant, after whether such a plea is available
that to determinedant did not make that entry. book of firm) 9/4/30 entry having pleaded not guilty to the la- it is necessary to ask: (1) Was defendant shall go without day" Judgment therefore is that the autrefois acquit in addition thereto so the prisoner "in jeopardy" on the and is altogether discharged from dictment, was not entitled to plead long as the plea of not guilty stood first charge?; (2) was there a the prosecution. upon the record, and that therefore he final verdict?; (3) was the pre- could only rely upon that plea as &vious charge substantially the certificate of discharge for the pany has asked the permission of
Mr. D'Almada applied for a
Stockholm, Aug. 28. ground for squashing the conviction.
The Svenka Metallverken Com- same as the present onc?
defendant. In the present case the answer Mr. Lo, addressing the Bench, a consignment of ten million the Swedish Government to export prosecution, Mr. d'Almada address- As was stated in the judgment to the first two question is in the said there had been many cases in Mauser cartridges to the order of ed the Court and submitted that of the Court in that appeal, "The gard to the third question that given and nothing had come out Company says that it understands
affirmative. It is only in re-which point being an extremely techni- there is any doubt. by Sec. 17 (2) of the Forty cal one may properly he met by a has argued that the charges are the promise nothing in this case, save permitting the export of ammunt- notices of appeal were the Chinese Government. The Ordinance No. 11 of 1922 under technical answer," but it appears same. Mr. Lo that they are not.
Mr. D'Almada of them. Therefore, Sec. 8 of which the complaint was to me that it would be most unjust in Keuny's outlines of Criminal counsel with the view to appeal
he would Norway, Belgium and Holland are brought, the complainant having to deprive by a technicality a de-
to say that they had instructed Ition to China.-Reuter. proceeded in respect of the same fendant, who has already faced Law 13th Edition p.476 we find and to apply to his Worship to was estopped from now proceed over twenty charges and been ac "To determine whether the two state the case and also for copies ing in respect thereof under the quitted thereon, of his right to charges are substantially iden- of the depositions. Whether or Forgery Ordinance. He also quot plead autrefois acquit,
tical is often a subtle problem. no an appeal would be made, de- cision in the King v. Banks to hold tical, If evidence of the facts al-
Am I therefore bound by the de- They are sufficiently nearly iden-pended on the advice of counsel. that the defendant's plea of leged in the second indictment appeal.
The Magistrate gave leave of The Royal Observatory reports autrefois acquit is bad and to refuse would legally have been enough to zanca in connexion with the appeal tongue of relatively high pressure that the anticyclone central over At the next hearing of the case to consider it? I think that I am procure some
When the matter of recogni- North Japan has weakened, but a Mr. Lo referred to The King v. not. When the case was before first indictment."
conviction on the), Banks (1911 2 K.B.D. p. 1095) and the Central Criminal Court, no
came up for discussion, his Wor-extends south-westward. to S.W. submitted that the double plea of objection was taken by the prose employed. It is enunciated by said an appeal would not have fine.
This test has been frequently ship fixed the amount at $2,000. China. The local forecast is:- not guilty and nutrefois orauit was cutlon to the admission of the Buller in R v. Vandercomb
Mr. Lo, objecting to the amount, Light, easterly 'or variable winds; bad. He stated that he would not plea and Lord Alvertsone, CJ Roscoe p.476) and it is quoted entailed that much in costs. He
(V object to the withdrawal of the declared that that could not affect with references in the King v. autrefola acquit. When asked by the jurisdiction of the Court of Banks already referred to.
suggested $600.
Mr. D'Almada, agreeing with the trams on the Embarkment, the Court why he had not objected Criminal Appeal.
Scores of people waiting for Applying the Test.
amount fixed by the Bench, point-Blackfriars Bridge, shortly before to the plea when it was entered, he replied that he had not his authori objection was taken to the ad- the present case."
In the present complaint,
I propose to apply that test in dant's acquittal in previous pro-ball of fire" which played around ed out that, following the defen-midnight gazed in wonder at A ties by him at the time. On a mission of the plea and the point which the defendant is alleged to decessor on the Bench, (Mr. Gran- opposite side of the river. The decision on the point taken being was only taken. by Mr. Lo su have uttered, well knowing it to tham) who tried the case, had ball glowed a pinkish red colour,
ceedings, when notice of appeal The voucher in the present case was also given, Mr. Butters pre- the top of a large tower on the
credit to refund of Mr. Kwok's advance $400. Entry same day 'salary for one canvasser (August March) $520. Ex. L is voucher supporting that entry and has de- fendant's signature chop."
At the close of the case for the
facts under the Larceny Ordinance
ed cases in support of his plea of autrefois acquit.
Was Plea Bad?
Hold
Would he Unjust.
no
agreed
reserved Mr. Lo proceeded to sequent to. Mr. D'Almada's address have been forged, is the quote cases in support of his sub and after he (Mr. Lo) had called mission that the acquittal on the witnesses for the prosecution, but previous charges was no bar in while the matter was still before respect of the present complaint. ·|
He also argued against the in this court. Even if Mr. Lo is not terpretation put by Mr. d'Almada estopped from taking the point upon Sec. 17 (2) of the Forgery
at
that stage
in the pro-
Bum fixed the
voucher as is referred to as Ex-zances at $1,500. That appeal, bit. "L" on Page 5 of the de said Mr. D'Almade, never came amount of recogni positions in the previous case.
The relevant passage is quoted above
in this judgment. I
off.
Mr. Butters confirmed amount fixed.
the
TEN. MILLION CARTRIDGES
FROM SWEDEN...
الرعد
FINE WEATHER.
near
the trucks
in
of ships masts when at sea like St. Elmo's fire which is fre- quently seen around
thunderstorms. Heavy clouds were above the tower at the time but there was no rain.
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for booklet and for list of recommended Hotels and Boarding Houses, or for any other information.