FAILURE COST JAPĀŅ 15,000 KILLED (Continued from Page 1.) tung, where reinforcements are said to have been rushed in preparation for a drive on Kinghalang, from Taining and Nanyangcheng, with Kweilch the ultimate objective. A Chinese column is reported to have advanced to a point 40 kilometres north of Tinghalen, which is north of Yenchowtu, and Chinese entered Wushing, on the south shore of Tai Loke, Monday, but withdrew Inter of the on account of the severity bombardment.--Reuter,
JAPAN STRIVES TO CHECK RUSSIAN INTERVENTION (Continued from Page 1) Leningrad Air Force Command before coming to Chins-Domei,
THE HONGKONG
TELEGRAPH, ....... WEDNESDAY, ↓ MAY
·1938.-
GOVERNMENT TRIES LIFE PRISON SENTENCE Advisers May
TO SELL KAU SING AND GET NEW SHIP
IS QUASHED (Continued from Page 1.)
Be Ordered
guilty of manslaughter by the Jury Out Of China
pick-empanelled to try him.
(Continued from Page 1). had collided and subsequently cd up 35 people from junks.
CRITICISM REVIVES Isolation Threat
Critlelam was made after the 9.8. Tokyo, May 4. Soviet Russia would find heracitain Wah went ashore and sunk of should a new Waginn on January 10, 1920, because on the way the Kau Sing was unable to raise isolated in Europe Four-Power Pact, now to conclusion, be signed, Foreign steam in time to go to her assist Minister Kaki Hirota is reported to ance and to this her defenders re piled that the Kou Sing was intend have told his Cabinet colleagues at a
ed solely for work in the harbour meeting of ministers yesterday.
The Four-Tower pact, if success during typhoons. She was, however, fully negotiated, would stabilise "for in ordinary weather to act as reiler The Japanese on the south Shan- the time being" the European situa- tug for lighthouses and for Pratan
The Hon. Sir Henry Pollock several important points as a resuli vole more attention to the East, he
counter-offensive was understood to have said, of
general tho Inunched by the Chinese forces early yesterday morning, according to the fatest advicca reaching here from the front.
Japanese Hurled Back
Hsuchow, May 4.
the
PEAK DOGS MUST ALSO
BE MUZZLED
Capt. Noriheate was fined $10 for allowing hla dog abroad at the Repuse Day without muzzle or Ientl on April 16.
"We are of opinion that the Jury
Tokyo, May 4. Several Peak residents were fined must have been unduly Influenced,
German Alt "emelenl"
military at the Central Magistracy this morn- In arriving at their verdict, by the evidence of the statements implicat advisers serving with the Chinese ing by Mr. R. Edwards for allowing ing the appellant which were made forces will be ordered home by the dogs to be abroad without muzzle or by the deceased immediately after Reich Government at "an early date." lead. the attack upon him. The Jury were an unconfirmed but reliable repert not warned at any stake of the pet reaching here from Peiping sold
yesterday. appellant not evidence against ceedings that those statements were
The German advisors attached to save in so far as he accepted them, the Hankow Gevernment are headed
of Buch warning und in the absence
Previous Japanese representations it can hardly be doubted that they by Lieut. Gen. Von Falkenhausen.
It is admitted that the Crown to the German Government regarding attached considerable importance to
017 tha the presence of these advisors with relied on those slatements
with the them.
Japanese Army brought the that they were employed by Chinese Government as individuals vaccinated, and not as German officers.
Informed Tokyo, commenting on doubted
Capt. Nortlicole stated that he was a new comer to the Colony and was Major looking after the dog for Jacobs, Before he left the bench in question for Deep Water Bay the dog
tung front have been hurled back attion thereby permitting Britain to de-{ Shoals, a distance of 170 miles away round that they were made in the troops engaged in confle loinder had a muzzic, but on his return it
Crack Central Government troops which led the counter-attack display-
much gallantry.
rd
The Anglo-French military accord recently concluded, "should not be taken at its face value," the Foreign Minister was reported to have in- formed the Cabinet-Domel,
Tallangpi and Hstuollanget, two FAIL TO REGISTER strategic points north of Pihsien, were recaptured by the
7 miles.
miles
Chinese. The
were driven back for about
The Japanese at Fengchiyao and other points around Taacheng, closely
1,000 were sinin
and
of
FACTORIES;
OWNERS FINED
at a Legislative Council meeting on March 7, 1929, what would be the motor engines cost of substituting for the Scotch bollers.
WAS
in
The Harbour Master, fun. Com mander G. F. Hole, . N. (Retd.) la his reply, said that practical ex-
unmanageable
typhoon Prince of the Kau Sing showed she weather when attempting to minocu- vre alongside a ship because she was pre only a single screw. Furthermore, from enld bollers 11 took 12 hours to raine steam and even with
presence of the appellant in clrcum- stances calling for a denial by him if they were untrue, and contended that since he made a denial he should be deemed under the rule in R. v. Cristle (1914) A. C. 45 to have ad- mitted their truth
foreign
the was
in
observers
the report, advisors
17 the German
NO EVIDENce of acceptance would return home even if ordered
00-
to do so.-DomeL
gone.
The
been
doy hind
On a similar summons, Mr. M. V. Clay was fined $10.
Fines totalling to $15 was imposed on Mrs. J. E. Potter for allowing her two dogs to be abroad at Mt. Kellett Rond without muzzica or leads. They had been vaccinated.
Three Chinese printing works were banked in one boller it was not conucncc-in-chief Sergeant Lall Khan case that whoever at the time rane Counsel, "It was murder all the way
encircled by the Chinese, are reported at the Central Magistracy this At morning, when they were surroned ed to be facing annihilation.
Tawong before Mr H. R. Butters for Fail Machlaynochwank
Tancheng. Lo register os factories chwang, south-weĮ
The Nam King Printing; Company, ot Lockhart Raud, was fined $25. Heavy casualties are also reported of to have been inflicted on the Japan-M D W Phillips, Assistant Inspec ese along the Lincheng Tsauch:wangtor of Factories and Workshops, said branch railway. The Chirieze on the he visited the premises on March 30, Taierchwang sector continue to gain and found work going on.
machinery WIN the upper hand.
Sian. May t
of the RSU Several instatyces chemicals by the Japanese pang an their operations against the Chinese telegram forces were
eited
The
This
RO.
"We And, however, that there a no ovidence that the appellant cepted those statements or any part
a little in the appellant's favour. It of them. On the contrary, he de-point in the evidence that tells not fres tied those statements in 2005 na they was apparently part of the Crown
were made. It is true that in his
the alarm bell it was not the appel- aidered safe to send her outside the deceased said, these two men tant, and yet not one of the witness
He spoke loudly called by the Crown admitted having harbour limits until steam had been said.
assaulted me," cuised in the second boller.
understood. done Ro in Punjabi which accused understvou.
"Lall Khan, Yeung Lat Chiu and Neither ot them said anything," Mr. by
Noor Khan each deposed that he but in cross-examination
abandoned
beard the bell ringing, but oppeliant he entirely
For these reasons it appears to us that such a substantial miscarriage of claims to have rung 1. justice has occurred in this case as to justify us, as are empowered
en Procedure Ordinance, 1899, (as co- to do by S.78A, 5.3 of the Criminal Criminal Procedure neted by the Amendment Ordinance, 1933), and by the rule Inld down by the Court of Criminal Appeal in such cases as R. V. Jones alles Wright, 16 C. A. R. "The appeal is therefore allowed, the conviction quashed and the ap- 124, in setting aside the conviction."
pellant discharged."
Controversy then revolved on the
CSIR
was which deep with, he points of quickness of time in which on his arrival at the bungalow the
Aue of $50 was also maposed on Be Fook Hing Paper Box Company,
Mr Philips 1: of Electric Road
The
*
house
COSTLY ALTERATIONS The Rerations suggested.
sald Master,
Flon and said: "I asked both; would cost the Harbour
I haven't mentioned that $300,000 of which $25,000 could be obtained by the sale of the present ceased. Ther engines. He was unable in view of before. First accused said, Yes, i utguardfed.
this cost to recommend the expendi-had a fight with him, but not the was no excuse for the shop het ver At Nikow, wire the Japanese have
Ristering as they were maler of ture for which the sole gain would second accused, I then asked second framcked repeated attacks in an effort
amber works in
the vanity when be that of being able to get under accused the same question. He said. weigh in a quarter of an hour. He these two have been fighting, I didn't to dislodge the Chinese, the enemy
were registered morning
selling the Kaught." " ground Rave
yesterday
"Nor does Mr. Balley's evidence This Man Chung Printing Could recommendl
Sing complete and building a now Some 200 Japanese corpses were left
Hotel. Lockhart |pany.
Amund
curry the Crown any further since it the battlefrid Central Neura
flor was fined $50 for abinlar tug with twin screws.
established no more than that when Mr Phulgas said that this Japanese Resort To
WOLNU 42 The Boot of the!
deceased pointed at the two accused the tug should get up steam and the and said they had been fighting with Chemicals, Chinese Allege
desirability of having a trained Mas-him, test accused said, "I did it." and
We find
nd St ter in command of the Kru Sing.
Inter "I done ali, Sobib."
the Crown's The funt id good work in rescuing difcult to appreciate passengers of the s. Sunning when contention that in such circumstances be visited he dran on Apaal 5. it went aground In Junk Bay during the appellant should be deemed, be- euse he did not himself deny the to have accepted it us Wert sent by the Military Affairs Compenses were constructed of wosi, August, 1936.
Defendant mission to Marshal Chiang Kai-she's and the articles in the
extremely inflamable.
vi provisional Headquarters here
also storing spætt WAN
There would a Among recent cases, the telegram
without a freace. Chinese stated that several
gassed been a bluze if u fire had broken mut. hers at Tringkwan by n number of exploding hell
battery hurled from Japanese positions across the Yellow Hiver on April 29. A subsequent nonlysis of the residue from the shrapnel proved indisputably the existence of poison
Panchang In the vicinity of centrai Ahwel, large quantities. chemical were dropped from Japan- ese planes on a lake, killing all the fish and making the water undrink- able, on April 20, it is claimed.
Several cases of poisoned salt be- into
Chinese the Ing smuggled positions have also been recently dis covered along the Anwel front.
Quantities of poisoned cigarettes were known to have found their way to the Chinese front. soldiers were affected.
telegram The
Rils,
We
KIM-
in
ut
or Kwekul is imminent.
Meanwhile,
collantes
1st
Chinese troops are pressing towards the west of radio, the termunts of the Peiping-Suiyaan lue, and enstern suiyuan, with success.
Much grount has been recovered stee the counter-drive, was muneneda in Sulyonn. Central News.
was
Contradictory Despatches From Japanese Source
of
Peiping, May 3 of the Battle Jupan's Verstan Dud many
Shantung was given by a spokesman here to-day. thut instructed
tic
that the situation announced "unchanged". The Japanese everywhere were attacking.
One hundred and fifty junks, carry-
5,000
Chinese troops, were sunk on Nanyang Lake, 25 miles west of Tenghsien, un April 30, he stated. The spokesman added that Japanese unit had attacked 4,000 Chinese troops eight miles west of Hanchwang on May 1.
all cases of Chinese soldiers; being should be Immediately and poisoned
to headquarters reported evidence sent to the military hospitals for analysis--Central Neur
Japanese Raiders Over
Hsuchow; 70
Feared Dead
and Lunghat Railways, when 21 Nipponcre groups attacked.
4
1
we
the
SECOND APPEAL DISMISSED The other prisoner, Sher Zaman, also brought un appeal against sentence but this was disraissed,
On Zamon Appearing for Instructions of Mr. C. A. S. Russ, Mr. II. Somerset Fitzroy said the appent was not against conviction but against sentence imposed by the trial Judge (Sir Atholl MucGregor) in circum- stances which he should not have in
mind.
11. He told the Jury it was murder but fortunately the Jury did not take but when they returned a verdict of manslaughter be met it with that in his mind und sentenced the prisoner hard with to life imprisonment labour."
Mr. Fitzroy then went on to say that admittedly the deceased had re- celved a terrible pounding, but it had been staled that this was inflicted simply because la ellent had lost of himself. No malice uforethought had been proved and control under the circumstances the esntence was too heavy.
NO PRECONCEIVED PLAN
what Mr. Justice Lindsell: On circumstances do you suggest the sentence is not too severo?
Mr. Fitzroy: I am not prepared to say the circumstances but do say that it will have to be something more than a sudden i of passion. There was no pre-conceived iden It was obvious from the evidence that he lost all control of himself. The 1wo objects of a sentence were to panish it man for what he did and to het as deterrent to others, but there is nothing to deter a man from losing is temper. Further, the Crown had alleged that the prisoner Inficted the beating with the assistance of another but since this is gone by the board, the natural conclusion to come to in
malice that there was no
nforc- thought. If a man were convicted of murder and reprieved the sentence would be life imprisonment. In a case of that kind there is obviously
afore-
Last September. when Over accusation. score of large vessels were grounded | true. or sink, the tug sustained an accí-
NO FURTHER WEIGHT dent to her steering gear
while on
"Nor does the evidence in this con- duty and wel kround.
She was nection of Guard No. 20, Noor Khan, "The de- not salvaged for several weeks bat carry any more weight:
censed said. Look at my legs. They has now been refloated,
broke my The Colonial Secretary, Hon. Mr. both assaulted me and
It had been stated at the trial that I spoke to the accused N. L. Smith, said this morning that legg
30 blows were inflicted on deceased Why did you assault but the doctor readily admitted that the question of getting a tug to do the and said. "You have done a very rescue work of the Kau Sing was cruel thing.
one would have been sufficient lo engaging the attention of the author him? Second accused minde no reply.
kill the D.
This showed that at First accused said, 'I did it: what I tles at the moment.
the time of the beating. his client have done it all right, but in cross-
expressed or implied malice but admitted that he must have lost control of himself er examination he understood first accused to mean that seen "red," and this was agreed to
by the doctor. he alone had assaulted deceased:
Khan's question was ob-
Referring to the accusations made "Noor viously addressed to both the accused, by deceased just before he was taken hospital and testified to by and the confession of the first ar- cused shouldering full and sole re- Sergeant Lall Khan, Counsel pointed sponsibility for the crime was in our out that the Sergeant himself had view sufficient to relieve the appel- been detained as a suspect and there- lant of the onus of making any further fore it was reasonable to assume that he fled in order to put himself In good standing.
Wreath Laid At Cenotaph
11.
French Admiral Salutes Dead
answer.
In
the present one no mallee thought has been proved and there- fore the same sentener should not be imposed.
After deliberating for some time with Mr. Justice Fraser, Mr. Justice Lindscil dismissed the appeal, saying:
WAR
In our view there
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JURYMAN FINED
evidence to justify the trial Judge in his view that this could not well be anything else but murder and so "In these circumstances we are of
directed it; and that the Jury's MURDER IN MIND opinion that as against the appellant
verdict of
of manslaughter could have no evidential value can attach to the
been dictated by the E. Vice-Adeniral Le Bigot, accusations levelled against him by
summing-up Dealing with
Mr. C. A. Goldenberg, of Bridge tahumanitarism. The justification for Commander-in-Chief of the French the deceased, and that had the Jury Counsel said that throughout
the natural and Son, Des Voeux Road Central, Naval Forces in the Far East, paid appreciated this they must have felt delivery the trial Judge had murder the sentence lies in
horror and indignation which the was fined $20 by Mr. H. R. Butters tribute to British dead in the Great that on the other evidence before in his mind as evidenced by his re-
at the Central Magistracy this morn- war this morning when he
them they could not reasonably conference to "cool-blooded killing." crime aroused. The law recognises
was the principles that in some cic-ing for failing to appear as a Juror wreath of arum Itling at the Cenotaph vict the appellant, even though they This, Mr. Fitzroy submitted,
at the inquiry into the death of the [1 The Band of the 1st Battalion, considered his own testimony to be in wrong as there was no evidence of cumstances killing without malice
n life late Mr. W. C. Lam on Monday Middlesex Regiment, and a Guard of the main unreliable.
such; on the other hand the doctor should be punished with
view such afternoon. He pleaded that he was Honour
Trum the same
had stated that the beating might sentence and in our have been inflicted in a fit of passion. circumstances were present in this unable to leave the office owing to
a shortage of staff. "In the Judge's mind," continued cose.
Jaid
hir bag
His child's future nearly ruined
drawn
RANG ALARM BELL in attendance at the Battalion, were
"Although I was not relied on by The general drive against the rent ceremony which took place at 11 p.m. Counsel for the appellant there is one Hsuchow, Mny Another bombing, during which ants of the Communist army in the The Admiral arrived in
of Pinghan, had accompanied by the Flag Lieutenant about 70 Chinese civilians were killed, south-onst corner of Shanst, northern The Adm ་་
and other officers. Ten French rat- occurred at Hsuchow, important rail- Honan and wes! way junction on the Tientsin-Pukow i started two or three days ago and the tngs and four officers were on parade |
Japanese were now gradually moving with the British Guard of Honour.
The Admirat was met by the
Hot Chinese guerillas driving towards Mr. N. L.
H.E. Smith, representing Lanfang were repulsed by Japanese the Governor; Commodore E. B, C. Bothrops on May 1-United Press.
Dicken, R.N., representing
Vice- Sir Percy Admiral Sir
Brigadier Manchukuoans Desert
A. B. Thomson, representing Major- Hankow, May 4.
General A. W. Bartholomew;
Flight- Chufese reports stale that Chinese Lieutenant C. A, Wutt, representing troops are closing in on Kweihwa, Group Captain A. H. Peck, R. A. F
Consul-General with bares at Tokto, Liangcheng and Mr. Franck Dupuy,
folingol, all within a hundred miles for France, and Major J. F. Benoy
Admiral Le Bigot inspected the of the city where strong Japanese
Guard of Honour" before laying forces are concentrated.
yesterday. planes in two southward.
of 14 The first group consisted
the second. seven. planes,
about 10 circled over the city for minutes and dumped a total of more than 70 bombs, mostly Incendiary. Upwards of 200 houses were either set on fire or demoblished. and a number of dug-outs collapsed as a of the concussions, burying result many people alive.
villages Many houses in nearby along the Lunghai Railway were des- troyed by fire. Hopelchen, north of Hsuchow, suffered the most-Central
News,
Chinese 20 Miles From Kweisui
Sian, May 4.
the
It is stated that a thousand Mon-wreath, during which ceremony the chukuoan troops at Holingol deserted General Salute was given. to the Chinese on Monday, bringing their Aras and ammunition will them.-United Press.
Concentrations Bombed
Shanghai, May 4.
TWO INCHES OF
RAIN IN APRIL
of the
A Japanese spokesman this morn-
A total rainfall of two inches was Encountering le resistance in ing said that Japanese planes had
northyal their
drive. Chinese carried out a successful bombardment recorded by the Hongkong Botunle forces, which have recaptured of the Hsuchow Railway Station. Gardens during the month of April. Tingshuiho, Holin and other towns destroying half the godowns and four According to the report
Superintendent, Mr. F. Flippunce, in Sulyuan, are now about 20 miles or five railway cara.
Chinese troops, concentrated at rain fell on four successiva dnys, 'from Kwelsul, Important city on the Peiping-Sulyuan Railway which is Nunting, Penning Shihocheng and April 21 to April 24, and the heaviest Anhwel had also been bombed, with was on the last day when one inch their next objective.
was registered. It is believed that the recapture heavy casunities-United Press.
TOO GOOD TO MISS
WHAT'S YOURS
OLD MAN -
SAME AGAIN?
FRAID NOT CAN'T
BE LATE FOR SUPPER-
TONIGHT
SPECIAL CULSTEEN?!
NO! SPECIAL FOOD- WALL'S BAUSAGER- I WOULDN'T MISS 'TH FOR ANYTHING -
YOU COME
ALONG TOO
AH, DELICIOUS!
P
NO WONDER YOU REFUSED
ANOTHRA GRINK
NIGHT STARVATION
OH, MR. JACKSON, I WANT YOU TO MEET MR. GRANGER, HE'LL BE WORKING WITH YOU IN THIS DEPARTMENT.
AND SU. HORLICKS.
EVERY NIGHT
·M-M-M. DELICIOUS, ESPECIALLY WHEN IT IS MIXED WELL.
(THINKS)
JACKSON
THERE IS
NOTKING EXACTLY) I KNOW, MR. A NEW MAN THAT MEANS COULDN'T AFFORD WRONG WITH ME JACKSON, IT HOLDS THEY ARE GOING TO SACK
DOCTOR BUT I. YOU BACK AT YOURİ SOMEBODY AND IT'S BOUND TO LOSE HIS JOB ALWAYS FEEL SO WORK WE CALL THIS
I WAKE UP. YOU SEE, YOU ARE!
TO BE ME. MY WORK HASN'T HE WANTED TO TIRED EVEN WHEN NIGHT STARVATION BEEN TOO GOOD LATELY.
TWO MONTHS LATER. CONGRATULATIONS, MR.
JACKSON, ON YOUR PROMOTION AS DISTRICT MANAGER. YOU HAVE DONE SPLENDID
WORK.
(THINKS) MY WORRIES ARE ALL OVER. THAT
HORLICKS IS WONDERFUL STUFF
GIVE HIS BOY
A GOOD EDUCATION. IF ONLY HE DIDN'T ALWAYS FEEL
TIRED. IN
DESPAIR HE
DECIDED TO SEE
A DOCTOR.
NOT REPLACING USED-} UP ENERGY DURING SLEER HORLICKS REGULARY AT BEDTIME
FOR YOU
If you wake tired, if you suffer from 'nerves' enervation, and that dread- ful feeling of exhaustion GUARDA AGAINST NIGHT STARVATION
Horlicks is best made in the special Horlicks mix- er. Obtainable at all good
·stores-80 cts. large size and 40 cts."small size,
WALLS SAUSAGES
-Wall's delicious
sausages. HIG' obtainable at all
good stores.
HOME LIMITED. THE FREAKE,
TAKE
HORLICKS
YOU SLEEP SOUNDLY, WAKE REFRESHED AND HAVE. EXTRA ENERGY ALL DAY