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THE HONGKONG. TELEGRAPH, SATURDAY, JANUARY
COUNTS WITHDRAWN CHARGE THAT FAILED.
IN ARSON CASE.
TWO PRISONERS. CHARGED.
WITH CONSPIRACY.
Two of the three charges in the alleged attempted Wing Lok Street arson case were withdrawn yester day at the Criminal Sessions by Mr. Justice. Wood, following submissions by Mr. F. C. Senkin, who is defend- Tag two of the three accused men. The first and third counts allege that prisoners attempted to com- mit arson by setting fire to No. 77, Wing Lok Street, or a camp bed at that address, while the second count is one of conspiracy to coln
mit arson.
After the case for the Crown had closed yesterday morning, Mr. Jonkin aubmitted that there was
SUCCESSOR TO SIR SEFTON BRANCKER:
ĒT. COL. SHELMERDINE IN AIR MINISTRY POST.
INDIAN CONSTABLE'S STORY NOT BELIEVED. So Kam-sui was chargod, before tho Kowloon
London, Jan. 2. Mr. Butbors, at Magistracy yesterday morning, with
The Air Ministry announces the having assaulted an Indian con- stable, Labnam Bingh (B733), in appointment of Llout. Colonel Shalmordine (Director of Civil Shanghai Street, on Wednesday.
The complainant said that he had Aviation in India) as Director of arrested a woman hawker near the Aviation in the Air Ministry, in market, when the defendant came succession to Bir Sefton Brancker. up to him and asked him why heRouter.
LL Col, Francis Claudo Shol- had done so. Defendant pushed him and struck him on his chest, mordine, O.B.E., has hold the poat enabling the woman to get away. In India since 1927. He was born Witness arrosted defendant, aftor in 1881, and was educated at Rugby and Sandhurst, joining the 2nd. a struggle.
The defendant denied the nault Ba. The Green Howards in India
MAI
that he saw the constable in 1901. He saw service in Franco arrested. He went up to the the then Royal Flying Corps in constable and asked him not to 1915.1
He did not striko strike the girls. the complainant
After a witness had given
cor-to No. 77, Wing Lok Street?- roborative ovidence, Mr. Butters Never. discharged the recused,
Ho
not sufficient evidence to go before had two small girls whom he and Egypt, and was attached tol
the jury on any of the charges. With regard to the first charge, he said that to prove the act alleged here there must be evidence constituting an actual attempt to set fire to the house, and there was no evidence at all, of any kind or description, which showed that either the first or second prisonera wore a party to the act of setting fire to the building. The charge con- spiracy had let in a great amount of evidence, about 6 per cent, which was not relevant to the first and third charges at all.
of
As regards the third count, there might be a great deal of matter which would arouse suspleion, but there was no actual evidence to.con- neet either of the first and second prisoners with the net of setting are to the premises. The first and third counts were so closely allied that they were one and the same.
Conspiracy Count.
Prisoner explained that he heard of the fire between one and two o'clock on the morning of the fire, bought the 8.n. Wah San in Septem-when his third son came to No. 68, ber, last year. He explained that Connaught Road West, where ho the vessel originally belonged to was sleeping, and told him about was scized by pickets ini, saying that the partners had him but the 1025 strike, went into the hands been losing money by gambling and of the Canton authorities and was that was why they had set the place. on fire. He denied that he ever subsequently sold to So Kim.
He continued, that when the ship naked n Crown witness as to in- came to Hongkong he started Ad-surance conditions in Hongkong and miralty proceedings. He eventual whether argon was regarded as a ly bought back the vessel and had serious crime locally. it repaired at Shamshuipo, coming from Macao to supervise the re- pairs and staying at the Tin Sang
It was Indiented that the case Tong, in which firm his third son would probably take two more days was a partner, no well ng his son- to fluish so it was adjourned unifl in-law. Prisoner stated that he alonday, Tuesday also being re- was not in Hongkong when the served. Wednesday was fixed as premises were rented and had prethe day for hearing the caso con- viously stayed at No. 9, Qvcen's cerning the attack on Acting Pria- Street, which was his address given cipul Warder Bert Plumb. in the Admiralty action.
Speaking on the count of con spiracy. counsel aubmitted that when the evidence was examined it Prisoner further said that he became abundantly clear that the took no part in the insuring of the Crown had been unable to prove premises and business. Referring the requisite agreement. The next to the premlacs at No. 63, Con- question was whether the acts of naught Road West, prisoner stated the prisoners were sufficient to show that a portion of the second floor that they were working together was sub-let to him by the Po Tai with an obvious purpose. One firm, and from that place he intend- could pick up stray acts of varioused to run the Wah San under his He said prisoners which could be used in former shipping name. evidence against their co-partnera, that he had no business or financial subject always to the important rule interest in the Tin Sang Tong firm. that it must be patent to the jury that the nets brought home to the respective prisoners were acts of which they had been guilty in carrying out a common criminal purpose.
On the evidence, could any, Tri- bunal say that their nets could be construed as being for any criminal purpose at all? There was not a single instance which they could pick upon and say that it was in- dicative of only one thing, Д criminal act.
In reply, Mr. Somerset Fitzroy, for the Crown, reviewed sections of the evidence and quoted authori ties which, he said, were as near to the point as he could find, as it was impossible to get a parallel caso concerning arson.
Two Counts Withdrawn.
His Lordship explained the counta to the jury, saying that the first and second prisoners, were not on the scene at the time of the fro, and the first and third counts would be withdrawn. It was up to the jury to satisfy themselves as to the remaining count, as to whether the prisoners had conspired. The third prisoner would remain charged on all three counts, us there wña evi- dence to the effect that two men ran away from the fire, third pri soner being one.
Giving evidence, first necused said that ho was the master of a pig-dealing firm at Macao and he
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Conspiracy Denied.
Mr. Jeakin: Did you, at any time, conspire with your 801 (second prisoner) and foki (third prisoner) to burn down or set fire
Adjourned.
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