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KOWLOON HOTEL
KOWLOON.
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AND ATTENTION OF
H. J. WHITE.
Phone No. 58008,
Cable "KowLOTE).
Hongkong.
17
PALACE HOTEL.
Telephone 67003
Telegraphic Ardress "Palace."
A First Class Residential & Tourist Hotel Under Entirely European Management High Class Wines & Spirits Steel Coulson's Beer On Draught, Fnur Full Sized Billiard Tables Billards, Sneaker,
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MRS. J. H. OXBERRY,
Proprietress.
Penang
The Scenic Gem of Malaya
first class
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Kunnymede Hotel
Malaya's Premier Hotel
Food and Wines especially good
AFTER-DIENER DANCE
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CABLES "RUNNYMEDE"
RUNNYMEDE HOTEL, LTD. George Goldsack, Manager.
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THE
HONGKONG, TELEGRAPH, THURSDAY, SEPTEMBER 10, 1931.
NEW CASE AGAINST GUIMARAES.
FOLLOWS ON COMMITTAL ON PREVIOUS CHARGES.
ita
The Crown having closed case against Leo, Gulmaraes and Kong Sze-yik, charged with being associated in a innknote trick by which Chinese journalist, named Wonk
To-po
Is said to have been defrauded of $7,000, the defence Rave Ha submissions yesterday when the bearing was resumed be fore Mr. Williams.
Mr. T. S Whyte-Smith is ap pearing for the Crown, while the defence is in the hands of Mr. Iin-hin 1.9 and Mr. D'Almada, Aur, respectively. ape pearing for the arcused.
Both accused were committed for trial. Further proceedings were entered upon against Gui- marues in connexion with a new Cat
In his pentag submissions, Mr. Tig-shing Lo said: To perfect seriousness I submit there, is no ense for the Arst defendant, to answer.
LAW OF THE AIR.
A career of aviation, not of. politics, most interests Mr. H. H. Law, son of the late Mr. Boner Law, one-time Premier of Great Britain. He is pic. tured above during recent racea
took in which he
part Heston
My first point is: In order to determine there is a prima facir casts against my client, the first must defendant, what the Court
what look at is not
tight bo proved in the Court by the pro-Ser-ytk and other so-called cons
pirators. 10 secution, but what is rough
these three chars Nuort ngainat my client.
In opening his base my learned trist, the Assistant Crown Suliei-conspiracy against his client. He tor, gave us a few partiulars of merved that it was improper f these charges, and quite properly the Police to have discussed the When your Warship allowed titse with each individual person
involved in the erse to the ex The three charges. it was inetista- heat on the proscration to show clusion of the others, evidence re- lating to such a charge of cons. ellert exactly what my
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Mr. La proceeded to review the evidence of the prosecution, sub- mitting that it did not amount to
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in this case, and that ad done i ry, as it was al improper toi
what he had
done in this case is sufficiul ei. include bis client,
clones Lo
or for that any other person, as party
agentiust three stasitain acts relied upon by the
But ubmit th
what has been submitted 14 not extilence to support this charge
་་་
Crown as
as proving conspiracy,
Mr. Lo handed a variety of
of conspiracy, for the three Authorities, bearing on his sub-
charges against him to all intents and purposes amount
Lo 4/15-
piracy although the word "cons
piracy" is left out.
missiona
Before sitting down Mr. Lo sub- mitted that the movements
conditel of the first defendant he-
As regards the other charge fore and subsequent to the alleged think I gave my views previously,offence were consistent with his;
conspiracy. that it in legally and materiallyigormur of any defective, and I have nothing more
Mr. d'Almada said that his da
of
his
in say about it exempt that it did fence had been suficiently indica
his cross examination unt disclose the name of the de- ted in
Wong Top. With regard to rudrl, It did not vite the of-} »0
would fence with sufficient particularity, charges "A" and "B" he
reserving
his
defence say nothing, Now what is conspiracy? It in
hart with regar, "to charge as agreement be there was nothing to connect his generally defined tween two or more persons to do client whatever. The only re- an unlawful act or to do an un-
ference was
on the single day, the lawful act by unlawful means.
24th. Apart from what he bad Now, I submit that it is the duty already outlined there would be of the prosecution--and my the legal question which would be friend realises that fully-to prove argued at the higher tribunal. that there is in fact a conspiracy Both defendants were then com of which my client is a member mitted for trial on charges "A"
the and furthermore, that
acts
Ad "B." alleged to have been done by my ellent are in furtherance of that common desirn or purpose be- in order to prevent difficulties tween him and other alleged conarising an endeavour in being pirators, 1 submit that the made to Bnish the second case, Crown has absolutely failed to against Guimaraes, in time for prove the point, evra to the N-the
Sessions. By feat that it has also failed to mutual wreement Mr. Whyte proved a prima facie euse against Smith yesterday opened the case my ellent.
but called no evidence, the hear-
Second Case Opened.
September
It is true there is no neeti thing being fixed for this afternoon prove conspiracy before proviny when a commencement will be he individual acts of the people made at 2 o'clock instead of later involved, but we must understand as is customary,
the point clearly: that cannot i
Whyte Smith that the nay we can furter in the absence presen) Chris was very similar but
even
in
af any direct evidence of cons the amount involved was $3.00 piracy, enough from such acts to while the complainant was differ-
if
the prove conspiracy, and,
ent. The complainant these acts amount to a crime in second eine was a man named Ho law, we cannot ask the Court to Pui-sim, and was a foki of an infer that the case was conspiracy. Imports and Exports firms. He
(Continued on Page 11.) in the same way that we cannot infer that acts of the person infer guilty knowledge.
cons-
The overt act of one person in a case of conspiracy is the overt act of another person, and there- fore proof of conspiracy must pro- reed by the individual nets of the alleged conspiratora. I
submit that in ordinary cases of piracy like the present it is not necessary to prove conspiracy first, but to consider individual and personal acts, and if
these acts are proved, then the Court could use them to prove such a thing us common design or pur- pose between them."
In this case I submit that there is no evidence of alleged concert, at least between my client Kong
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