DE LA SALA THREAT CASE HEARING
(Continued from Page 10.)
THE HONGKONG TELEGRAPH. FRIDAY, OCTOBER 7. 1932.
Mr. Wynne-Jones: Why? Witness: The voice was violent, The voice I heard was threatening. I didn't hear what was satd. The tone of the voice was threatening, and I started to move towards accused's office to see what was the matter. Mr. Rogors advised Proof of Violence,
me not to interfere. I came back. Witness: Your Worship. II decided not to interfere. I don't know whether I am in order, thought Major Casael might resent but I haven't produced a letter It
the complainant,
Mr. Wynne-Jones: You thought from the Shameen Printing Press. Bat if Major Cussel might resent what?,
Witness: Resont interference. Mr. Lammert is coming down here to give evidence, I am going to put Major Cassol returned to the it in as an exhibit in proof of the Critic office shortly before six, Ho violence with which the Shameen described to me what had happen- ed to him in the accuard's office, Printing Press do business,
Mr. F. X. D'Almada, Jnr., at and ho was perfectly calm.
Mr. Wynne Jonca: During those this point interposed. Informing the Court that he was appearing occasions you saw defendant, for the Sharean Printing Press, what was his manner-He was he said that if Mr. Lammert was sullen, and when he spoke to going to be called, that letter Major Cassel or myself, distinctly could be produced.
duced to onable rebuttal.
rudc.
11
Words of Violence.
A
to him also with the vlow to doing him some immediate injury, The more fact that he drew out the
from
drawer and revolver quickly slipped It into his pocket and went out of the office, is not sufficient evidence for your Wor- ship to say that that revolver had had anything to do with
if he did have threat. Because
any!
a revolver and if it were loaded, and if he did point it at Major Crasel, I would be the last to come and say he WAS not up here gully.
Mr: 'D'Almada precocded, to quote from authorities the legal definition of assault, submitting that mere words can never amount to an assault.
Mr. Wynne-Jones: If you suit the action with the words "I'll do One without the other you in." would be no assault.
Mr. d'Almada agreed, and pointed out that the last act of the accursed after uttering the alleged threat was to put what war in reality his case of keys- amongst them tho house keys he Mr. Wynne-Jones: What is the needed before he left the offee. interval to which you limit it?- Mr. d'Almada: I say the Inter-
Mr. Wynne-Jones held that the letter could not come in at this
Mr. Leo D'Almada, cross-exam- point, but if further developments arose,
and certain allegations Ining: Was that remark, according were made in defence, he thought to your evidence, Mr. O'Shea, the that the letter could then be pro- only thing you could possibly call offence, if at all, that he Mr. Leo D'Almada, resuming uttered to Major Cassel, that re his cross-examination of Major mark telling him to go to hell?-val was at the most half a minute. Cassol, asked: Are you quite So far as my evidence in this case Those were the when that deed of la concerned. bypothecation да you call it, only words of violence was executed, that all debts due heard. by you to the Shameen Printing Press were, so to speak, absolved was nothing else?-Well, his man-words and the act?--I have no or liquidated7-The Shameen nor was sullen. Printing Press is paid in full up to date, with the exception of
Mr. D'Almada: $181, is tit right?
surc,
Witness: No. With the excep tion of a sum of $724 hypothecated with a security of $1.151 on Sep. tember 22. The sum of $724 in-
deed 4
And further than that there
You say the interval between the words and the act is too great. that Can you quote me an authority which lays down the greatest in- terval that can occur between the direct authority on it for the mo- ment. What I have here anys that it has to be immediate.
Do you know where Halsbury gets his authority for the word "immediato"?
Did he make any threat?—I did not hear hit make any threat.
Did you see any threat to Major Cassel? No.
So far as you know he and Major Cassel were on friendly terms?--Definitely not,
They were both angry?--
Mr. d'Almada said he was unable at the to inform his Worshin
Reverting to the moment.
ovi-
סנן
cluded the $181 due for one of the Major Cassel was calm as usual-dence. Mr. d'Almada summarised
Did Major Cassel tell you about issues. The Critic is fully paid up, in cash, with the exception of the receipt of the letter from the of accused or from the Shamecu $724 for which beenme due yesterday, and were going to publish the Critle in the hypothecation is given. Payments Printing Press that they were not next issue? Did you receive that letter?-I think there was n let lor, But I cannot remember from
(1) That there has been his arguments as follow:
(2) If de la Sala had the re- volver, it was not claimed that he corroboration of the words or net.,
point it at the complainant. If make any attempt whatsoever to he took out the revolver-again
naid yesterday,
further statements, Major Cassel said he believed the parti cular sum of $181 that was ap- whom it was or what was in asuming that it was a revolver-
had several letters day was a "future" paymet which, as from various people.
Do you remember one which it had become imminent, being a matter of only two three-days, mentions something to this effect, was already provid: for and in that if a certain amount were not cluded in the $724 hypothecated. liquidated the publications would every payment of be stopped?-No, I don't know, I In any case, $181 due for each issue had been cannot recollect that. up to date paid in cash, as he had already stated,
of taking it home. There was no intention whatsoever expressed Assuming by him of using the revolver against Major Cassel. he did say those complained of. he Mr. d'Almada) would say fi I put it to you you haven't the again that de la Sala hnd not in- foggiest notion of it?Well,tention of doing Major Cassel any Witness showed a receipt given Major Casnel may have received by the Shameen Printing Press it and didn't show it to me. for what he believed was the cannot remember having seen
amount in question.
Mr. Wynne-Jones: Then I can
agree
everything on this, that
Magistrate's Findings.
His Worship at the conclusion due up to the date of September of Mr. O'Shea's evidence, held that was no case against the 26 was ineluded in the deed for there
accused of criminal Intimidation, $724 signed on the 22nd?
Witness: Yes. Everything was but found that there was a case covered that was demanded. As for de la Sala to answer on the for an can remember there was second charge of common assault. 3543 due, and another $181 was He asked Mr. Leo D'Almada to duo in a few days. Well, I thought return his submissions according then that I was not going to be ly troubled with that, so I included
Mr. D'Almada said: The ev
it in the deed, bringing the total dance as it stands at present with regard to this charge by Major Cassel against the accused dis
to $724.
Fully Paid Up.
whatsoever. with the revolver. Major Cassel told them harm
Thes had evidence that de la Sain was that he was not afraid.
That thee in a terrible temper. he struck the wall with his fist and the next instant fell into a paroxysm of grief and sobbed in- to his arms, then announced his intention of going out and getting drunk.
Remand Ordered.
Mr. Wynne-Jones in considering the legal aspect of Mr. d'Almada's submissions, said that he must be satisfied on what the authorities held of the word "immediate," and for the purpose of looking this up. he remanded the case,
Before stepping out of the wit. closes an offence of an attempt to journed to Thursday next week.
ness-box at the completion of the cross-examination, Major Casacl
assault. I take it it would mean ordinary or common law assault.
Further hearing was then ad- Mr. d'Almada made an applica tion that the accused, who had and it is necessary therefore for been previously restrained by a said that in view of the proceed us in the first place to consider Court direction, be now allowed ings at the last hearing, when he what is the actual evidence given to
return to his office to fetch gave evidence with regard to the to support that charge of assault. certain documents necessary for financial position, a certain Your Worship has very kindly in his case. amount of stigma was attached to dicated to me na to the character His Worship sald that when he the Critic and so on. "1 would like my confreren of the Press," the assault on Major Cassel, made the direction given he hat accused not known what the evidence for he said, "if they will mind saying having
or shown 2 the prosecution was to be in a now that that the Critic is fully weapon, a gun, automatic, or re-charge which was serious and re- paid up to date. I would like that valver, that was tantamount to an quireil very stringent measures. to be known."
to the effect that
produced
Assault.-
the
He had directed, an application by Major Cassel, that the accused be not allowed to return to his office went into the witness-box. Mr. Mr. d'Almada: With the during the period of the proceed- O'Shen on his own account is also wards used is tantamount to an ings, but now consented to his charging Mr. de la Sala with cri- Assault. Now we have to come return to fetch the documents minal intimidation, and his case back to the evidence of Major needed if accompanied by some- is being taken after that of Major Cassel before we can
Mr. Raymond O'Shea, Editor, Mr. Wynne Jones: With the and partner of the Critic, next words.
readily body.
Cassel. Before giving evidence, conclude that that was sufficiant Mr. d'Almada said he would ac Mr. O'Shea was directed by the 10 prove a charge of assault. company the accused, acting as he Magistrate to limit it strictly to Major Cassel was on that second termed it, his "bodyguard." what concerned Major Cassel's occasion of September 26-the
21st is washed out I take it- with the accused, who showed him
ense.
Proceeding, Mr. Shen said:
On the frat occasion I heard the revolver and said "I will do you
subject of the charge was on Sep tember 21 when the necused had
1.1.D. CERTIFICATES.
L
in." They were the words he is Of the Societe Internationale de Placements, Basle. (Local Agents supposed to have uttered.
an interview with Major Cassel Your Worship, that evidence is Messrs. A. Gocke & Co.) outside the office. I think they unsupported or uncorroborated Thursday's officias! quotation in were discussing the financial af by anything or any Incilent or by Basle, excluding dividends accra- fairs of the paper. That inter any other Incident. That Is to ed was £2-16--3d.
view was brief. Accused appear-any, there is no corroboration of
ed to be angry, and told Major any kind, sort or description, and Cassel to go to hell, and then, therefore your Worship has only walked back to his own office. the words or evidence of Major On the 22nd September I went Cassel who atates ho saw the man to Messrs. Wilkinson & Grist, our spon a drawer, took what he anys solicitors, in company with Major la a revolver oui and put it into Cassel. There I met the accused, his pocket. and thoro signed this deed of hypothecation.
Angry Vojec.
Mr. d'Almada's Plca.
aomo
Your Worship, sitting thero an judge and jury, must be satisfied Coming to September 20 be in your mind without any reason- tween G and 6 pm. Major Casselable doubt that the accused did had, I remember, two interviews show a revolver. And there must
was there, bo with the accused. 1
substantial evidence with Mr. Rogers, our advertising upon which your Worship, sitting manager. After the last but one there as judge and jury, could But Interview, a note was sent by the say that he had a revolver. accused asking Major Cassel to no evidence whatsoever has been he the Court that come to his office. Major Cassel, given to before going told us to wait for possessed a revolver even. I take him, and then went into tho it if your Worship is satisfied that Shameen Printing Press Office and he did not show a revolver tho had a fairly lengthy interview charge will fall.
with the accused. I was in my In a case like this where he is office, which adjoine the Shameen thought to be aorions, you must Printing Press Office. I heard satisfy yourself ontirely before the accused's voice raised in anger. coming to a decision on the point I was afraid for Major Cassel's that a revolver was shown to Ma- safety.
jor Cassel, and that It was shown,
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