Friday,
HONGKONG TELEGRAPH
May 23, 1941.
TWENTY
FENDER SHOP
DONALD DUCK
THAT'S RIGHT, CHUM, TWENTY BUCKS!
WHY YOU ROBBER, I CAN GET A SECOND-HAND ONE FOR FIFTY CENTS DOWN
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FOR A NEW
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Cope, 1941, Walt Disney Production
World Right Reserved.
4-11
OKAY, CHISELER... GO GET IT!
OMOBILE JUNKYARD
Medical Testimony Given
At Trial of Capt. Chattey
Medical evidence was called by the defence at the Supreme Court this morning, when the trial of Walter Harold Powlesland Chattey, Captain, 1st Bn the Middlesex Regiment, who is charged with committing an unnatural offence on a young boy, and alternatively, is charged with committing an act of gross indecency on April 22, was continued.
being perfectly
aceur,
it..
(S
Inst several The effect of opium
ness had seen no falling off of either
the Accused's clerical or field work. Had A Strenuous Day
Mr Williains: Can you say that the work he did on April 21 was an unusually strenuous day or that it
out
By Walt Disney
WALT DISNEY
PENOS CHOP
ið ber King Pranvera Specieste; Ene
Decency Group
And New Star
was an average day?-It was rather The Legion of Decency, an strenuous. We had just returned American body, has placed the from m manning
the defences and dur-film, "I Wanted Wings" on their ing that period we lind been trying Class B list, which means that อน ณ large number of military to the Legion it's "objectionable exercises which entailed four days' accumulation of papers on return to in part.” Darracks.
Accused could have worked after 4.30 pan. but he may have got through by then.
Prosecution Surprised
Witness sald that
"Suggestive costuming" is what the Legion objects to, presumably mean- ing Veronien Lake's costume.
Also on the "objectionable in part"
"KRty Foyle."
**Tobneco
Hist
At the end of the case for the De-anently were "This Thing Called
T
and "Gone with the Wind."
fence, Mir Williams said that he had The trial is being beid before the from concussion sometime after the strike people
an application to make and that was This rating is a step above the complete blank normal?
that he should be allowed to call Legion's Class C-condemned" list, Chief Justice, Sle Atholl MacGregor, accident to have a
Dr Anderson: Not if he acted Mr E. H. Williams. Crown Counsel, period during which he might carry
certam evidence of rebuttal. Yester-where that organisation places such is prosecuting, and Accused is being put purposeful acts quite unconscious violently. The actual blank period
day, for the first time in this case, films as "Pepe Le Mako," "Carnival. defended by the Hon. Mr Lely of doing so? There are cosco night have preceded the act of vio
evidence was adduced that the Ac-In Flanders," "Daybreak," Hotel du eused went to an oplum divan. That Noril," "Human Beast," "Kiss of by. Mi described and recognised by physic-lence and might have gone an after d'Almada, Thr, instructed
to him, said R. M. M. King of Messrs Johnson, inns where such
was surprise
Mr Fire" and also "The Private Life of nets "menal sela du
Williams. Mr Williams: The Accused has of violent Stokes and Master.
Henry VIII" said he had smoked opiurn on live or Mr Williams said that since yester- The social empanelled for nature and many of sexual offences. These blank perioda, how long do
six occasions and thinks that he Merers E.
day
rleksha evolle had been found- the hearing comprised
opium that night. What scioked (Lineman),
Lee Tai-mun, H. S they last? They may last only a Cork
few minites or may
you say the effect of sinoking
and possibly one other witness in I.. da Silva, Lo Yuk-tons, Frills.
hours.
They are ant likely to be
connection with the movements of O. Enter and T. B. Wilson.
longer than a few hours. There
the Accused after he left the Penin- Chattey gave evidence yesterday, are other types where a blank perint
sula Hotel. Based on the Crown when he declared he had n
alleg day last for months, but they do not
facts the evidence of
in the Inuidents collection of the
bails the same acts as those of
opium dis
divon Was C against him. He said that he
Opposing the
Mr that
the Police had safel In the period, if his mind had a had every opportunity to trace the blank caused by concussion and be movements of the Accused, and he opium, would you expect the challenged them to say that they did had effect of opium would make him not know that the Accused was on blank April 21 at the Peninsula Hotel. The more sleepy in the period or more active? That would depend Police had had time to pursue en-
quiries on that line. entirely on the individual.
short periods”
been in the habit of smoking opinin? Influences of Opium a habit he began six months ago He further stated he had sufferent in. accidint while playing poło February 12 this year.
Major's Evidence
tils
Majur R. 3. 1. Penfold, H.K.S.R.A. was called to gave evidence morning.
Club.
the
Is It possible when a man has taken opium that its effects are not notices able to the casual observer who sees him sometime after that?It may not be apparent, but is dependent on the circumstances.
It would also be dependent on the amount of ophum laken?-Yes.
in different indivifimis, but Arst of all there is i sense of pleasur- able excitement usually followed by slight drowsiness during which the Individual would appear to be “day- dreaming
Dr Anderson remarked that in his opinion the blank period during which the alleged incidenta tools place was due to concussion.
Mr Williams: You say the blank may be ended by Audden shock?- I did not say the condition of blank ness could be brought around by
caid that if my individual came to from a period of drowsiness, the shock would more quickly banish the effects of any drowsiness.
shorit.
fle said that on February 12, he Is it possible that a man under the was umpiring a polo game for the influence of opium does not know Stubbs Cup at the Hongkong Polo what he is doing?--It is possible in
Witness knew Accused, who contain stages of opium intoxication,
If that were so, he would have no was playing in that game. Accused was playing on one side, and his reflection of what he had been du- brother on the other. A rather suri-ing afterwards? He would have no
during eus aceldent occurred
rete possible that a man, having
Is it Kame towards the end of the last chukker, when there was a collision taken opium, does a number of acts which he does not know he is doing between Accused and his brother.
Our case is that there was a Witness could not say what led up and shortly afterwards is subject to to the accident, but he saw Accused's
a shock, and after that he behaves struggle in the tax with the boy who brother's pony run into Accused's perfectly normally and rationally was carried out of the taxi on to a pony broadside on. Both were going Well, a shuck would bring a person bank. Would you not think that came to from most intoxications, such as would end the blank period?-No, it very fast, and both parties
that was probable, then every blank Accused's brother was thrown alcohol and opium, certainly down. clear, but Accused fell under his
porarily.
perlad would be ended at the begin- ning of an act. was obviously trapped pony and there. Witness thought that Accused must have struck his head a pretty good blow on the ground, which at
from the
'that time, was very hard.
Witness was 50 yards seene and when he arrived, Accused had got up but appeared to be very dazed and was staggerinır, Some one nearer to him helped him to- wards the pavilion. The bell had in the meantime gone for the end of the game.
Len-
More so if the effects of the optum, or any drug he had taken, were wearing off-If the effects were wearing off, it might tend to bring
him to more quickly.
Having found himself without his trousers and cont, that would brings him to temporarily. What would you say was the length of the blank When you say a shock, you do not perled-It might have been a few necessarily mean a physical shock, aminutes or a few hours. blow, for instance? Not necessarity.
You say that he would behave nor-. mally after this shock?--Yes, nt would coincide with the end of the
Possible Effect Of Shock- Accused his said that he had no idea of what happened until he sud-blank period, denly realised in a lax! that he had unly his shirt on and was without I was a rather serious accident, his coat and trousers. He said that witness repeated, and he was sur gave him 21 shuck, Assuming his prised that there were no apparent | previous nets were serious consequences,
Dr J. W. Anderson, said that he had examined Accused about 3.45 p.m. on April 22 in his office, and found certain injuries on him.
?
F
help
to bring him
I
Colonel's Evidence Colonel H. W. M. Stwart said that he was the Commanding Oficer of
certain questious in Dr. Gosau could be any extra effect produced by and personally?--Yes. I have always
Kave
and he would like to call that coolic Police Reservist Who
Sold His Boots Convicted and sentenced to six months hard labour by Mr H. G Sheldon, K.C., at Central Magistracy yesterday, for obtaining $4 by false pretences from a hawker on May 3, a member of the Hongkong Police Re- serve, Robert Phillips, allas William
No. 365
Hennessy Road, Boyd, 18, of first Door, Wanchal, faced a further count in the same Court this morning when Mr W. R. Chester-Woods, Adjutant, Pulice Reserve, charged
under the Police Reserve Regu Refusing the application, His Lord-lations for fraudulently selling a pair ship remarked that there were no of boots issued to him."
Defendant admitted the charge grounds to call any further evidence.
and was given one month's hard labour to
run concurrently with the sentence. previous sente
Mr Chester-Woods said that De- "This, Gentlemen, has probably been fendant joined the Police Reserve the most unpleasant case any Special on April 6 and on April 19 was issued Jury in Hongkong has been called with a pair of boots with his number
upon to listen to, but i have no doubt stamped inside. As a result
he happenings" that however unpleasant you might "certain
(the have found it, that will not deter you Adjutant) went to Defendant's home
full, reasonable and complete to recover certain Items deliberation
this case and upon oll that a pair of boots, valued at $11.84, rider in upon the whole of the uniform issued to him, and found the circumstances surrounding the case.
Counsel's Address Addressing the Jury, Mr d'Almada said:
from
WDS
In court.
GI
of Police
missing. Defendant admitted having sold the boots for $2.60. "Special Jurors are rarely culled toThey were recovered and produced sit in Criminal proceedings bere and you will forgive me, therefore, if 1 begin my address to you with some remarks as to the principles appli- cable in English Criminal Law of cases of this and kindred kind.
en"
Must Prove Intent "The duty of the Crown ki a caso
Bombay Communal Disturbance
BOMBAY, May 22 (Reuter).--A
Hindu-Moslem riot broke out again in Bombay city to-night.
_Up_to_now,_over_20_people_bave been taken hospital.
Traffic Offences
Mrs F. H. Loseby of No. 3 Chatham
"AT HOME" POSTPONED Owing to the indisposition of His Excellency the Governor, the "At Home" Intended to be given to His Excellency by the Indian Association to-day at the Gloucester Hotel, has been postponed to some future date which will be announced Inter.
Williams said, that he would cenone of them of abnormal size. Hespatches. Accused had been speci- like this is that it must prove not doing. In these circumstances
it.
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·HONGKONG SOCIETY FOR THE PROTECTION OF CHILDREN
THE SOCIETY ASKS FOR
$32,000
in 1941 to meet the increasing needs of sick and destliute children in Hongkong, against which the Income to date is $14,000 only.
In order to continue its work, The Society ap- peals for the balance' of
$18,000 before the close of a financial year on 31st October.
The number of children assisted last year was
Hon. Treasurers (from whom a copy of the Annual Report for 1948 may be obtained);
Mr. A. MCKELLAR, CA
8.100.
e/o Mackinnon Mackenzie & Co., Mr. KWOK CHAN,
c/o The Banque de LIndo-Chine, HỒNG KÔNG 003 May, 1943,
"You probably know, Gentlemen, that in all Criminal trials, the onus of proving-the-quilt-of-the-Accused- rests always with the Prosecution,
The Police fred on a riotous mob that that burden of proof never
is it eri- one place. It is not yet known shifts, that at no point cumbant
the upon
satisfy what were the ensualties as a result Accused ng to his you
Innocence, must come to the conclusion upon the
that you of the firing
you whole of the evidence both on be- due to opium the Aiddlesex Regiment and he knewhalf of the Crown and the evidence would you say that the shoek: would Asked by Mr Williams if he knew be sufficient to bring him to with the Accused well. He knew Accused for the Defence, and that if upon whether Accused resumed his duties jerk or fairly quickly?Yes, if he personally practically since 1928 serious consideration of all that Road, was fined $5 by Mr H. C. the following day, witness said that suddenly realised he was without his when Accused Joined.
evidence you arrive at the position Maenamura at Kowloon Magistracy he did not, as they were in different clo
H clothes. might
Mr l'Almada; What do you say us that you are not convinced beyond this morning for driving a car on the Ito might also be some other to his ability and his character from a reasonable doubt as to the guilt of wrong side of Prince Edward Road, regiments,
to, There Doctor In Box
cause immediately preceding that. that time on?-He was rather out the Accused, you have only one duly R. S. Angle of No. 158 Argyle
The Chief Justice: The realisation standing in the early stages of his
perform,
at 28 miles per hour in a controlled Guilty? uut he was without his clothes might career. He worked very well and to, that is, to return a ver-street, was cautioned for driving car
him to his senses at least tem-showed he had ability. He is con
"Only if the guilt of the Accused area in Nathan Road. scientious and he looked after the is brought home to him to a point welfare of the men. Dr Anderson:
Yes.
where
you can say to yourselves Mr Williams interrupted and said Mr d'Almada: Do you think there
You knew him both professionally Now, I am morally certain that, this he would admit that he
#7:171 is guilty of the offences he sano about oplum upon a man suffering from found him very friendly and very is charged with, then and only then certain abrasions found on Accused, concussion?--Yes, *
trustworthy and straightforward. are you entitled to return a verdict but when
Accused
evidence
Witness was referred to the period of "Guilty." Temporary Reawakening himself, no question of that sort had Accused says that from 5.30 pm he said that the Accused had seen |when the Accused was in Cairo and been put to him by his Counsel. Mr to midnight, he had
ten, whiskies, active service and was mentioned in tainly have put the questions left the Peninsula Hotel at 2. ally chosen to attend the Coronation only the act of which the Accused charge is not brought home." cused, had he known that Dr Ander and says he remembers something of the
Teat of Consciouancas son would be giving evidence about and at tines remembers nothing.
King.
is charged, but also the fact that in
Mr d'Almada said that in applying Witness also said that the Accused doing what he did, the Accused acted He says he recollects getting into a His Lordship agreed that no quesrlekshn, of turning a corner, going was selected to be Adjutant of the with intent because if he had no the test of consciousness of the act tions of the nature defending Counsel into a house, going up the stairs and decessor was very anxious to get the tion whatsoever the result is that Accused did what lous of
and Battalion. Witness said that his pre-intent, then, there can be no ques-it must be deliberated whether the was asking Dr Anderson were put to
Into a room. He thinks he must Accused.
has falled,
whether he was conscious of It. Continuing his evidence, Dr Ander- have taken opium there, but does not Accused, and had not only discussed the Crown
"In a sense the case falls into two Me d'Almada continued: "You may son said that in his opinion, the in- recollect taking it. Cross-examined the matter with witness but also
the with Senior Ocers. After a certain parts. You must be satisfied not have read newspaper reports of this as to what orders he gave juries were two to three days old ricksha coolic, he says he not amount of discussion, Accused was only as regards the act but also as
case in the Police Court. There He would certainly say they were not m
remember. I was put to him that specially chosen.
regards the presence in the mind of was a very full and complete account- less than 24 hours old.
the Accused when the act was com- of my learned friend's opening of Mr d'Almada: You have heard he said oplum. He says he cannot
mitted, an intent to commit the act. the case there, or if you did not read Major Penfold give evidence of a remember or describe the house. Even before he took oplum, assum-
upon
the whole of the evidence it, you have listened to the unfold- serious polo accident in which he got ing he did take it, there were certain carried on his work as Adjutant very knew what he was about when he yesterday. What were your re Winess said that the Accused you are not satisfied that the Accused ing of the story by my learned friend the impression that Accused came blanks in his memory of events. down on his head on hard ground. Knowing what you do of his history, well. He had a dificult time. He did the act of which he is charged. actions to that story? Did you not Could that have brought about con-
namely, the polo accident, and know fie should, at this moment, be wear-
a very good military record and then your duty must be to acquit say to yourselves that it was on cussion?
Dr Anderson: Yes. The circum-ing the late hour at whlels this took ing decorallons as he had received &
amazing story. that It Was an in- siances related by Major Penfold are Place and that Accused had got up gallantry award in connection with Crown's case, indeed, any case, de- yourselves:
Mr d'Almada also said that the
Did you not say to that is my mind quite in keeping with at 5.30 a.m. and had hind a busy day, the crashing of an R-AF, aircraft in
what happen- can you account or explain how it is the Gulf of Aden.
pended entirely upon the credibility ed, the man must be mad concussion as a result of that blow.
somo blank gone in" after the pilot who was that there should be
Accused bad of the witnesses and the reliability Me d'Almada sald that medical He said that, Accused got up and
of the evidence, and it was the duly evidence from both sides showed staggered off the field with assistance, periods whereas in regard to some Accused himself has said that he was acts, Accused has some recollection? Successfully rescued, but who un-
fortunately died.
of Counsel for the other side in overy that it was possible for a man under dazed for about ten minutes after bu
think from the symptoms, that
caso to
to test that evidence by cross-certain conditions to perform violent the Peninsula Hotel, he Witness said that us Adjutant the
examination to elicit, If possible, and usually wicked acts without the stepped from a very bright room into Accused began duty at 6.30 am, and answers to show that the evidence alightest idea that he was doing so. darkness and fresh air, which would this would entall his rising at 5.30 Delayed Effects
was not trustworthy and that the The Jury must take that into con- uring him to temporarily, but he a.m. or 5.45 am. An Adjutant may e Is it possible that the effects of con- would feel sleepy
evidence could not safely be accept-sideration together with the Ac- ngain shortly have a very strenuous day from 6.30
cused's honesty and together cusion are not manifested for some afterwards. If the ricksha had gone a.m. until the afternoon with a break
Mr d'Almada said that he proposed what they know to be his character corsiderable time after the impact?
na along a gentle pace, Yer, the Immediate effects are quite would probably feel drowsy. If In
Accused for lunch.
to analyse shortly the evidence given from the high opinion of the Ac- in this case by the witnesses for the cused's Commanding Officer. separate from what may occur some turning
corner, the ricksha Mr Williams; Have you any
Mr d'Almada submitted that if the time after
What in the range of time within humped over a stone, that would dications that he had taken any This Mr d'Almada did, and sub- Jury took these three points together oplum?-I know he had. The first sequently he said that the best and went further to examine the which you would place such a mani-bring him to for a short period, It is consistent entirely with a
a man time he took it he told me about it Allustration that he could give of actual conduct of the Accused, both festation? Would it be year who, so far as the amount of liquor and I only assumed that it was done * man who did not know what at the time of the act complained of more?It may be two years. То take an example for insurance pur- taken is concerned, is left practically out of curiosity and I told him he was doing was this: "A man and subsequent to that, there could poser No caso. would be taken for normal? Yes, because the effects of thought it was foolish.
charged with attempted suicide, be no doubt whatsoever that at the alcohol on certain individuals comp Witness also sold
that he had shall we say, Insurance it a case involving concus
say, by jumping into the time these acts were committed, the Europeans taking harbour... Ho alon had occurred during the pre-on sometimes very suddenly, not heard of many.
comes up, for trial Accused was completely oblivious of necessarily while the person la drinke oplum as a trial and out of curiosity. vious year. M
upon, that charge and he provas to what he was doing, For a period of months then, therein, but possibly afterwards. The Accused did not tell him, ast six case dist lug the time he did the aspects of the evidence for the Pro- Opens
of any the satisfaction of the Jury in the Mr Williams placed forth various Blank Periods His Lordship, referring to the months the work done by the Acnet complained of he was so drunk sectillon. Is it possible for a man suffering/ blank periods, asked: Would heu cured thowed no falling coffa Wit that he did not know what aber war fer Case proceedin
to
that. Is that in keeping with con-28. cussion? Yes.
would be no manifestation ... of = con-
cuadon?--Yeun
the
a
A Good Adjutant
Crown.
story
with
in the kind of role you've` always wanted him to play!
PAUL MUNI USON'S BAY
GENE TIERNEY
LAIRD CREGAR-JOHN SUTTON»VIRGINIA FIELD • VINCENT PRICE • NIGEL BRUCE
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penso-morrow KING'S