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Friday,

HONGKONG TELEGRAPH

February 24, 1939.

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IN THE COURTS,

Magistrate's Action Criticised In Appeal: Conviction Quashed

THE ACTION of Mr. R. Edwards, Magistrate, in cross-examining a defen- dant at great length was commented upon in the Appeal Court this morning.

Comment was made during the hearing of an appeal New Governor

brought by Ka Sai-man, against conviction and sentence: of four months' hard labour

on a charge of having

utlered a forged receipt for the sale of a motor car, with intent to defraud.

Bengal

Of

London, Feb. 23. In view of the death of Lord Brabourne the King has approved the Tappointment of Sir Robert Neil Reid

to set to Governor of Bengal, and oft

Mr. Henry Joseph Twynm to act as!

The appeal was heard by the Chief Justice, Sir Atholl MacGregor who, in quashing the conviction, gave the Governor of Arm in the absence of advice that normally a trial Judge might rest assured:SER. N. Reid.---British Wireless, that material questions would be put to witnesses by Counsel engaged in the case.

Dog-Owners In Court

Three Europeans were summ moned before Mr. R. Edwards at the Central Magistracy this morning for having allowed their dogs to be abroad without a muzzle or leash.

Mirs, Hosselet of Broadwood Hoad, was lined $6. She told the Court that the animal was kept in the garden and had ap- parently gone out through the Kate.

re-

Mir. Edwards said that it was her duty to take care of the dog. Mr. R. R. W. Ashby of Stan- Tey. was fined $15. His presentative pleaded guilty.

Mr. Freeman of Stanley Bar- racks.

wan Gned $5, A presentative admited the of-

Iruer, Sergeant T Cashman was in charge of the prosecu- Llon.

ге-

European's Injuries In

Lorry-Driver's Escapade

In the Lower Court proceed- [after trat another man was called to ings, appellant was alleged to give evidence which dieetly refuted have uttered the receipt to or charge inasmuch as his testimony was to the effect that it was to him Tsang Wan-cheung, a clerk, pat and him alone that the document was ported to be signed by Mr. D. oftered. In spite of that a convie- THE STORY OF a motor-lorry driver's wild drive through Davies, of the Colonial Secre- tion was ultimately entered against Canton Road at 7 o'clock in the morning, when over 2,000 work- tary's Office. Mr. Davies Was the appellant in the. terms of the at one time owner of the ear.

changes

men at the nearby naval dockyards were streaming through the which subsequently became the

streets, was told in Kowloon Court this morning. property of Messrs. Gilman and Co.

Appearing for the app Hani, Mr. CAS Rusa submitted that

while there was no doubt whatever that the receipt was a forgery, it

the

that

or

duly of the prosecution to prave his client had intent to defraud that he was, oware the document was false. The prosecution had not done so, and in fact the evidence adduced with

by them was more consistent

the appellant having the legal right to the property than anything else.

STORY REASONABLE

STRANCE FEATURES "This is not the only strange feature about this case. We kun that the metne ear in question passed

rough a number of hands,

We know that at one time it passed into? the hands of the appellant so far as the registration of the car is concern-

al.

UNIVERSITY

AS SCENE OF TRICK

a rickshaw in which Mr. R. Oxenham was a passenger.

A Look Through The Telegraph"

50 YEARS AGO

Feb. 24, 1889.

RADIO-

Helen Lockhart (Contralto), (Gllere)..........E. O'Neil Shaw at the Plano; 3. (a) The Fairy Pipers From the Studio (Brewer); (b) A Fairy went a 'mar- keting (Goodhart)... Helen Lock- MESSAGE TO THE SCOUTS!hurt (Contralto) with Piano accompa

At the opening of Parliament the Itadio Programme Broadcast by by E O'Neil Shaw; 4. Etude in 5/8 Queen's speech referred to the warlike! ZUW on a Frequency of 815 he's, time (Alpleraky)....E O'Nell Shaw preparations of other European states, and on Short Wave from 1-2.15 p.m. at the Piano; 5. (a) Vale (Russell);

(b) One Fleeting hour (Lee). which necessitated an increase in our and B-11 p.m. on 9.52 m.c's. per Helen Lockhart (Contralto) 'with

៤.

(13)

precautionary measures for the safety second.

6. Relay of the Dance Orchestra Plano accomp, by E. O'Neil Shaw. of our shores and commerce. While!

8.50 Band Selections. acknowledging that our relations with from the Roof Garden of the long-

Pilgrims Chorus ("Tathauser" Hotel. other Powers were, friendly, I was not

Little Heaven of the Seven Wagner); Grand March ("Tunhauser" tu be nazumes that there frolings were Scas; (b) It's De Lovely; (c) You're Wagner) Massed Bands Of The unchangeable.

Aldershot Command cond. by Leslie as pretty ta a pieture; (d) White.

Seymour,

9.0 6,14 Record: Bubbling Over (Gih-

London Relay Food for Thought'.

Three short talks on matters of

Bob

(a) Music. for Sweethearts;

topical interest.

9.20 Next week's programme. 9.30 London Relay The News. 9.50 Sungs by Elle Carlisle, Must Have A Sweetheart (fart- Proud Of You (David); Everyone

Levinson)....with Orchestra. Grundland): Star Gazing (Nelburg- 10.0 London Relay Pros And 10.0

25 YEARS ACO

Feb. 23, 1014. bons); Moonbeams Dance (Gibbons) "Reuters" Berlin correspondent says...Piano Selo by Carroll Gibbons. in the debate on the Navy Estimates,!

6.21 Admiral von Tirpitz said the number of ships which, according to the Navy () genna lock my heart; (e) Sleepy law, should be serving in foreign waters lime Gal; (d) Jingle Bells. and not yet been resglied. It would bej 6.35 Records: Three Little Words| their aim he the next few years to (from Check and Jouble Check)... reach that number. He declared that Len Fillig (Banjo) with Piano; The atroner naval reprenentation abrand World Is Waiting for the Sunrise was not only a political and economie) (Seitz).

Fills .Len necesalty, but also a military neces-

ity. ite was firmly convinced that the Cultur) with Piano; Two Tired Eyes whole of the German people realised in Cack Of the North')....

...Leslie: the politien pecensity of giving street Hutchinson (Vocal) at the Plano. to the Navy law.

645 London Relay-A Message to the Scouts of the Empire. Herr Haguezteatati, leader of the

By The National Labetals.

Lord Somers. Ke..., suid that though Anglo-German relations had Improved,

Ds.o., M.C., Deputy Chief Scout of inner must remain a beautiful the British Empire. dream." They would not allow the 7.0 Closing local Stock Quotations. Quickstep-Somebody Stole My building programme to the disturbed,

*

10 YEARS AGO

..

Hawailur

A musical controversy arranged by Charles Hatton with Marjery Wyn upd The Midland Revue Orchestra Reginald Burston, conducted by Compere, Martyn C. Webster.

10.40 Dance Music.

7.02 Concert Waltzes,

Gal; Slow

Fox-Trot-Ten For Two Voices of Spring (J. Strauss).......Joe Daniels and His Hot Shots Ferdy Kauffman and His Orchestra:

lek.

Fox-Trots "Router's" Washington correspondent; When The Lemon: During the course of his reck- ! says

King Cole....Teddy Bloom (3. Swanee; Governur Goethals, 121+ was Struuss); Doctrinen (J. Strauss).... Foster, and His Kings Of Swing with less speeding, the driver struck Engineer -Chief in the Panama Canal, Johann Strauss and Symphony Or- Vocal Retrain: Fox-Trots When

Just that merchant shipping will he cheatin

able to pass through the Panama Canal

The Organ Played "O! Promise Me"; 7.15 London Relay The Club of Please Be Kind....Jack Harris and by the let July.

Queer Trades',

His Orchestra with Vocal by Sam by G. K. Chesterton. Eplaode 2: Browne,

11.0 Paintul Fall of a Great Reputa-

Close down. tion': Adapted for braadeusting by Douglas Cleverdon; The Characters: Basit Grant; Gilbert Swinburne; Sir Waller Cholmondeley: Wimpole; Lord Beaumont; John Drummond; Muriel: 5 YEARS AGO

Beaumont Duchess; Taximen; a Feb. 24, 1934. Butler; Production by Michael Good- The future of silver, au was expected win. with the air full of rumour of Im-, 7.40 London Relay-A Recital et force an increase in price, occupted a

Whoe'er she be (arr. Nino Batho- prominent place in the speech of Mr.j T. E. Penres, whe presided at the an- lomew; Rallying Sung (arr. Gai- nual meeting this morning of the Hong Jugher); The Bard of Armagh (arr. ong and Shanghai Banking Corpora Larchet); Randy-bow-wow (arr. Nino Dartholomew): The Bold, Un-

Mr. Oxenliam was thrown to the ground with such violence that be had to

spend A fortnight in

hospital.

Feb. 1, 1929.-

The Greman Consul at Cosainntinuple his forwarded to the German Foreign Offee, Trutsky's request for permission

It was hinted in Court this morn-to enter Germany. was contemplating vivil proceedings USING THE NAME of the ling that the injured Englishman

against the driver.

The

"We have heard, further, from an employee In the Used Car Depart- went of Gilman and Co. that the University of Hongkong as his appellant caine to their premises, that he negotiated with a cleri ise bait, an unknown Chinese had sum of $250 in the presence of a writer by means of an age-old by Traffic Sergeant A. Bethell with pending selfon by the United States to Irish Songs by Denis Cox (Baritone). wo have not heard, that he paid a obtained possession of a type-

iner eterk who had testified to that trick.

Il client's case was that the pro-rifert, and that he agreed to buy the perty had pursed un to han, and their on instalment plan. That offer fact that the hire purchase agree was accepted by an employes of police this morning the man catered According to a report made to the ment was in the

possession of Missra. Gilman and Co. and the Hence was, the ollees of Mears. Wang Brother, Gilman and Co., and which was not anded to the appellant.

dealers in typewriters, and ordered produced by the proscention, showed

la portable typewriter, valued at $165, that his story was reasonable and

the to be delivered to the Un.versity should have been accepted,

and Library.

The agreement was made with broker named Leung, who had dis- appeared and to whom 5950 hadd been paid. Whether

Rut (17

#le money was handed to Messrs. Gilman and Co. was no concern of appellants, Atter he had got the car, appellant found he was short of money, and raised $500 on it. The camplainant in the case did not give evidence, otherwise he would have been cross- examined on this,

MAGISTRATE'S METHODS Continuing. Mr. Russ sad he strenuously objected to thes

In which the case had been ducted

نشاه

method

con-

"The agreement Was it no serion of Gilman and Co. WOR never produced before the Magistrate nor did the latter ever ask

"In the light of that It seems to me acredible that the Magistrate should not have been at once plunged into profound doubt as to the position of the appellant vis-a-vis the car.

When the conlie arrived at the University Library, the man was! waiting, and took possession of the

machine,

The driver, Lee Sun, was charged

driving at a speed dangerous to the [public.

After evidence had been given the to pay $25 compensation to man was fined $25 and was ordered the rickshaw cootle.

New Syrian Government

Damascu, Feb. 23.

tion..

Mr. Pearce revented that the Bankidable Child (Stanford). attitude has undergone a change, Symphony-Scherzy. holding the view that

governmental

Interference aiming at bringing about

7.55 Sir Hamilton Harty-An Irish

Str

8.0

Hamilton

Htun Harty conducting The

an artifelal ring will almost certainly Halle Orchestra. da more harm than good. The London)

Local Time Signal, Weather Re-

Silver Agreement was condemned sport and Announcements. setting a prrerdent for sitempting to

control the supply of silver, the chair man declaring that the step bum bron] Ale. Louff Hallar, Finance Minis-jun encouragement to speculatorn. which was sub.equently discovered his formed a new Government, recovery might be delayed longer than

He signed the recript with a clapter in the outgoing Syrian Cabinet.

Fears were alau expressed that Chian's (to be an instrument of forgery. et whree first tasks will be to deal in the rest of the world, and it

wa When the manager of the firm went with the, confused state of Syria's also suggested that the Amerleat cur-

teney experluents might art as a bruke: There is another point to which to collect payment yesterday, he dis relations with France-Reuter,

on general world prosperity. Mr. Rig, has rightly drawn attention covered that the "buyer" was un- -The conduct of the Magistrate bim-kruwn to the University.

CONDUCT OF MACISTRATE

elf after the examination-in-chiet Like the buyer, the typewriter had and cross-examination of the appell-jalso disappeared.

ant had been completed.

"Of the right of a trial Judge to

THE NEW CABINET

Damascus, Feb. 23. After 11 unsuccessful attempts to form a new Goverment, the revised Syrian Cabinet was announced to- be-day, and is as follows:

put questions to any witness there is, the prosecution alone to prove of course, no question, even after the und any reasonable doubt the guilt prosecution

closed

the the appellant. xomination-hi-chief and

cross- "H examination is over.

has

and

"I would like to have a ruling as to how presiding Mog trate is entitted at the close of a

17: eine arder an adjournment, and then rub- Ject a defendant to a searching cross-

undoubtedly conduct

was! examination,

in the wesent

highly suspicious, and there is a instaner

"But Magistrates are well-advised great deal of evidence tending to "For Magistrate to descend from to remember that nonully a trip!] how he is a forger and a liar. the dignity of the Bench and cross-Jodite may rest amured that material examine the defendant for an hour questions will be put to witnesses by nor perjury, and there la singularly is enprecedented, and the whole pro- ¦ Counsel engaged in the case, cedure was Improper and unsatis- factory."

"But the charge is neither forgery

Hittle evittence to establish his quilt on the charge which is netually The basic principle-the admins-brought against him.

PRINCIPLE of Justice

Prenler and Education

Louft Haffar Interler and Defence

-,༔, ཝཾr Nazhar Pasha Foreign Affales and Finance

Fayez Khouri Justice

Nessi Bakri Nailonal Economy

Selim Jeanbari. Two of the Ministers are Christian,

His Lordship: Have you any auration of Justice-seems to me to "In my judgment the trial was un-Politeal circles here do not believe thority which will indicate the point have been rather lost sight of in this satisfactory for many reasons, anti the new Ministry will survive very

therefore the appent is to be allow-on-Trans-Octan, "It is for the prosecution and fored and the conviction quashed."

in which interposition from the leach | unse,

is not allowed?

Mr. Buss: None whatever, but In this case there had been an adjourn- ment at the end of the case and the defendant was then subjected to a lengthy crusu-examination. If there had been a doubt in the Magistrale's mind, he should have given the benefit of it to the defendant.

APPEAL ALLOWED

Replying for the Crown, Mr. J. 1. Prentis, Assistant Crown Solicitor, submitted that the evidence fully showed the appellant intended to sell

EUROPEANS FINED FOR MOTORING OFFENCES

SEVERAL EUROPEANS were amongst these summoned before Mr. R. A. D. Forrest at the Central Magistracy this morn- ing for traffic offences.

J. Vanderham, of 25 Kennedy Road, (mons for speeding in Pokfulum Ronil, | car In On a second summons for driving i

summoned for parking his

the car which in fact was not his. Pedder Street over the time limit of without due care and caution, Mul

The document came into existence two hours because the appellant wanted to have fined

on February 10 was was fined $12,

The monicy without referring to Gilman and Co. If the car

A

$10, 13. Hutchison, of "Lera," Island Defendunt pleaded that his master, Merst

Rond, and Miss L. Feuron, oř a high Chinese Government official, wan his, the appellant should at once D'Almada House, Fanting, were each had ordered him to drive quickly to have gone to Gliman's Instead of the fined $4 for similar offences. For town. ninn Leung.

Summoned for failing to produce parking overtime, A. W. Holland, of Allowing the appen, lis Lordship Messrs. Furness (Far East), und N. R. his licence when called upon to do so remarked that it was one of the most Kirk, of Messrs. Jardine, Matheson, by police officer, Chinn Fat, interesting he had heard for a long were each fined $2.

chauffeur of private car No. 5655, time. "The appellant,” he said, “was I. Mihan Singh, of 5 D'Aguilar was fined $10. charged with ultering to named Street, was fined $5 for leaving his! Trame-Inspector S. C. Saunders person forged document with intent car unattended in the city on Feb- said that defendant refused to pro- to defraud and knowing the rame to, ruary 1 A Ane of $4 was imposed duce bis licence until he was brought be forged.

on C. K. Lau, of 10 Dragon Terrace, to Central Police Station, Defendant

When the case was opened it be- cume_immediately apparent that the complainant was not within furisdic llon and was not to be called, and

for a similar offence on the same had previously had his driving lies, co date.

suspended for 10 months, The Traffic

A fine of $8 was imposed on a Department added the Inspector, re- chauffeur, Mui Shul-kam, on a num-garded the case seriously,

A warning against too high expeela done in the caining Budget was altered by the Chancellor Chamberlain, in the CORFAV of a speech at Plymouth ta- night.

Then again, the position of our de-

Perth-Sulle.

8.03 Bizet The Fair Mald Or Sir Thomas Becehan conducting

Lockhart (Cantrallo) with E. O'Nell the London Philharmonic Orch.

8.23 Studio-tecital Shaw at the Plane.

by Helen

1. Down here (Brahe); (b) My dearest heart (Sullivan); (c) Two Eyes of Grey (McGroch)....Helen Lockhart (Contralto) with Piano ac- comp. by F. O'Neil Shaw; 2. (a) Nocturne

(Gliere); (b) Prelude

Naval Man Is

fence forces must is considered. The Dismissed Service

ما

reductions which has been effected in expenditure on the army, navy and air farce by the postponement of building A Court Martial on board IIM.S. and the development of stores canto not Eagle yesterday found Acting Petty be continued Indeßultely.

Officer Robinson guilty on a serious! Referring to the outery for a larger charge and sentenced him six air force. Mr. Neville Chamberlain Ye- months' imprisonment and to be dis- marked that the seroplane was no submissed the Service. The Court com- atitute for the cruise.

prised: Capt. C. Moody (President), His speech is generally interpreted Hall, Cinds. F. M. Walton and Cmdr. Cmdr. E. E. Lee, Cmdr. C. F. Foster on a warning of bigger defence appro A. M. Spurgeon. Ipriations in the coming Budget.

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