Damages Reduced By $55,000
APPEAL SUCCEEDS
A reduction of damages from $145.000 to $90,000 was ordered by the Full Court this morning when Mr Justice Gould (silting with Mr Justice Reynolds) de- livered judgment in the appeal brought by the Hongkong- Canton Export Co., Ltd, against the Far Eastern Air Transport -Incorporated.
Costs were awarded the np)- pellants.
The appellants
were represented
by the Hon. Leo d'Almada, KC, in- structed by Mr F. 1. Zimmern and the respondents by Mr II. G.. Shel- don, KC, Instructed by Mr E. S. C. Brooks,
The plaintiffs originally claimed $187,072. The action was for breach of contract, and damages were ne- senset by Mr Justice Williams on March 0.
The judgment read:
PAULA
THE HONGKONG TELEGRAPH,
By DENNIS WHEATLEY
SURELY YOU DON'T SUSPECT CHELY BECAUSE THAT DOBBING TRICK MADE HEAL FAINT? WHAT POSSIBLE MOTIVE...**
MOTIVE?SHE COULD NEVER BE A STAR WHILE KITA VANE
WAS ALIVE.
MR LEWELL,
IVE JUST REMEMBERED SOMETHING-THAT SLIP RITA MADE WHEN SHE WAS MOUTHING THE DUTCH DOLL. SONG WITH THE
PLAYBACK...
Closing Addresses In Wood Murder Trial
VERDICT EXPECTED· LATER TODAY
This morning's proceedings before Mr Justice Williams at the Criminal Sessions in the Wood murder trial were confined to closing addresses by the prosecution and the defence. The Acting Chief Justice started his summing-up after the lunch ad- journment, and a verdict is expected some time this afternoon.
This is an appeal against the quan- tum of damages awarded in respect of the wrongful repudiation of contract of agency by the principals therein. The agency was in respect of the Hongkong business of the passenger air line known as FEATI and it is agreed that the damages to be awarded should be the estimated! Three Chinese are on trial for the carnings of the agents for the
ar murder of Lytton Beuls Wood who, 1947, based on a commission of 5 together with a companion, George
Year
Ronald Ross, were attacked and
that the Jury should exercise the greatest care in considering them. Because confession9 were made, percent of the receipts from out- robbed by a gang of four men on a
that did not necessarily indicate going passengers and freight. From
that
the persons who made them the known earnings of the agency path leading from
were guilty. Lion Rock to in respect of the last four months of 1 when out for a hike in the Kow-submission of the defence that the Shatin on the afternoon of February In the present case. it was the 1046 and from a comparison of nir traffic gures in the Colony for that word lying dead with his face in a
that loon him. Ross subsequently found statements were completely and perind with the known figures for 1947, the plaintiffs estimate that the pool, and a large rock placed on the
back.
gross receipts for 1947 would have small of his bare Lau Hol (allas been $100,000, (At one stage the plaintifs submitted larger esti-Lau Yun-hol) 20, unemployed,
000.
utterly false from beginning to end. Mr Wright then referred to certain contained in the statements and the Inconsistencies between the stories
He evidence given by Ross. There were
which is, however, quite untenable). 32, gardener, employed at 377. The The defendants estimates is $175,-| 000. From these amounts there Peak. is a deduction of $43,000 which A Special Jury, comprising lead the plaintiffs consider
would have ng businessmen, both British and been in fact somewhat more than Chinese, Is empanelled. their expenses for the second Mr D. A. L. Wright, Instructed by Mr P. J. Grimths, is appearing for the defence.
to
the
mate of over $230,000 upon a basis Cheuk-kul, 26, unemployed, and Livarious other points in the state-
whats ble Chung-chun (alias Li Chik-sang)|ments which went to show that they were not worthy of any credence Whatsoever. If the Jury could not depend upon any of those statements for the truth, how could they depend upon them in deciding whether the accused were present at the scene of
drime, he asked. Referring to the evidence of the The prosecution is conducted by
accused that they had been conched Mr A. Lonsdale, Crown
In their statements, Mr Wright sald Counsel, assisted by Det. Sub-Inspector H. T. the Jury had seen the accused in Matches.
the witness-box and there was no doubt that they were dull-witted and illiterate, and not the persons and i type
who
could make up statements In the manner produced. The Jury, he submitted, were not entitled on those confessions to draw the In- ference that each of the accused were present at the crime.
half of the year 1947, bringing these respective estimates down $143,000 and $132,000. The amount of the actual award
was $145,000 and if nothing further was to be considered this Court would not, in the light of the principles erning appeals of this nature, inter- fere with that judgment. But the defendants urge that a further sub- stantial deduction must be made by reason of the general reduction of fores from early in 1947. On this account they claim a further deduc- tion of one-third of the estimated gross receipts (less freight receipts) which, if allowed, would bring their own estimate down to about $70,000.
fle
there
}
Mir
THE MAIN POINT In his address to the Jury, Lonsdale submitted evidence
that from the was an attempt ma made by the gang who attacked the two Europeans to conceal the two bodies so, that the crime would not be detected, and there was no doubt that Wood was murdered in cold blood.
dence it appeared almost cerinin ence that the third accused had
the
GROUNDS FOR ACQUITTAL
There was the strongest grounds for acquitting the third accused, argued Counsel. He was not iden- fled, and the alibi he had put up was one he and maintained from the first. He had stuck to the story that he spent the afternoon February 11 with a friend, not only at the time of his arrest, but also in the committal proceedings in the Lower Court and before the Jury. His employer, moreover, had testl- fled that he
was given two days it holiday on February 10-11, and
that he would have was unlikely
FRIDAY, MAY 28, 1948.
Cherry, sand-in for the dead story comce under suspicion.
SUPPOSING THAT WASNT RITA, BUT CHERRY IMPERSONATING
HER!
WHAT!
THAT WOULD MEAN THAT NOBODY'S ALIBL
Gais
"Are you sure one beats this kind of rug, Hear?"
DIFFICULT
DAYS FOR
SHIPPING
WAS WORTH
ANYTHING!
Hon D. F. Landalo's
Comments
Four-Week Armistice
(Continued from Page 1)
Chief subject of these talks,
was bellevéd, wha the possible withdrawal of 37 British officers serving with the Transjordan Arab. Legion.
Earlier in the day, King George hnd a
a Arst-hand appreciation of the Palestine situation
General from Sir Alan Cunningham, former High Commissioner of the Holy Land.
international moves were background to heavy
fighting
ing in Palestine when Haganah Jews renewed their onslaught on Latrue, key Arab, point on the Jerusalem- Tel-Aviv rond, 20 miles from the Holy City.
the
As the Arabs were reinforced at Latrun-according to Jewish sources from Sheik) Jarrah; the Jews heavily counter-attacked this quar ter of Jerusalem and blew up an Arab position,
According to an Arab
ding
account, the Jews were repulsed after heavy fighting which lasted three hours.
The Arabs yesterday
captured Bidow Kfak, on the Jerusalem-Tel- Aviv road, a Haganah communique reported tonight. From this place In the course of his speech at they shelled the Jewish settlement
the of Maaleh Hahrmisha. the Annual Meeting of Indo-China Steam Navigation Co., Ltd., held at Messrs Jar- dine's office today. the Chairman, Hon. D. F. Landale spoke of some of the difficulties with which present day ship ping companies are faced.
He said that many of the problems of transition from war to peace to which he had referred in his speech last year were suil existent, though much had been done during 1947 to re-organise the Company's affairs so as to meet the changed end changing situation brought about by political and economical develop ments. He thought that there had been reason to hope that the year 1047 would produce some relaxa- tions, but, in retrospect, he could not see any striking development in the Company's favour,
Despite these difficulties, sald Mr Landale, "we have been able to keep our small fleet fully and remunera- tively employed and I hope you will regard the result of our operating account as satisfactory."
UNABLE TO FORECAST
|
UNABATED FIGHTING
mean-
The Jewish Air Force" bombed Arab concentrations last night in the area, the communique said.
A Tel-Aviv communique, while, stated that fighting in Jerusa lem itself continued unabated ail fronts. Strong Arab Legion at- tempts to smash through into the Old City from the Damascus Gate were beaten off, the communique added.
on
was
Arabs Late dispatches and the launched a heavy attack on Jewish positions In the Old City-In and around the Great Synagogue--and that the arch was swathed in smoke from Arab demolition explosions. Hanounm northeast of Gaza,
An Egyptian advance post at Belt reduced, according to a Haganah dispatch.
Transjordan Foreign Office spokesman, meanwhile, said Amman today the aim of the Arab nations fighting in Palestine was to set Arabs and Jews could live together up a "United States in which In equal rights and privileges."
He added that "although Jows and Arabs would belong to the same nation, legal autonomy might granted in certain arens,
in
be
The main point in the case was REDUCTION IN FARES whether the three accused were If this last deduction is a proper among the persons who attacked the one, it is plain
Europeans. There
evidence that the sum of
Was $145,000 is considerably more than that the first accused was seen should have been allowed, unless it about 12.30 p.ru. on February is right to inke Into consideration
fon moving along the roule
of the that upon The fnet
the correspon- robbery, and there was other evid-
that the rate of commission payable heen seen previously with him.
Counsel would have been raised before the
further reminded
ᏓᏝᎢ . end of the year. Somewhat similar Jury that February 11 (the second
He went on to say that practically principles were involved in the case day of the Chinese New Year) was of Golder's Green Co.
every economic and social force was V. Relph,
day whi
which would stand out in taken another day's leave without reflected in miniature 1915 31 T.L.R. 343 but there the the memory of the Chinese popula-
in the com-
"Nobody in Transjordan wants a cease-fire except on an uncondi- -new arrangement had actually been tion, and- --it was likely they would permission. Though third accused's plicated mechanical and social struc-
put into effect while here it was
events which had oc-friend had stated in evidence that ture which made up the modern
lerntional surrender of the Jews and remember
ship, which.
5000 дв sho declaration by them that they have something
abandoned the idea of February 12 with him, Counsel an indeterminate Year holidays.
of a Jewish come into being, was faced with future date for the doing of which
spokesman added.- Though the accused claimed that submitted that the date was actually the task of replacing herself under state," the po local obligation existed. Upon their statements had been obtained February 11,
different
and unpredictable condi-, Reuter. consideration, the Court is of the by the Police through threats and
tlons two decades later. The in- Counsel also referred to the time ability of the shipowner to forecast opinion that Counsel for the plain-bentings, they had been held by the
was right in not relying on this Court to have been made volunturi-actor. From the evidence the crime his financial commitments with any aspect of the matter. It appears ly, and Counsel subinitted the Jury around 4 p.m. and it was utterly im-
septe time degree of precision in
regard to incontrovertible therefore allowance must be made for the re-
lielty in the shipping and financial duction in fares. From the file of likely that the Police officers who correspondence however, it appears
to The Peak by 1 p.m. when he was press and divergent views had been had given evidence in the case, that the reduction did not take all officers
scen returning to the house by his expressed by leading figures in the with many years of
employer.
Industry on financial policy and the place until late in March--vide experience, would jeopardise their
treatment of depreciation in par- careers in order to bring false evid-
ticular. ence against the accused.
merely an inchoate agreement to do cure a
do eurred during the Chinese New the accused had spent the afternoon
tias
nt
had been committed
that an must apply their minds to them on possible, in his submission, for the placement had received much
that basis. I was extremely un-third accused to get from the scene,
anyone,
Dealing with the first accused, Counsel argued that it was incon- ceivable that he could have made the statement attributed to him, and submitted that the Jury could not attach any weight to it.
pub-
*
Played Part In Ammo Theft
to
11
SHOWING
TO-DAY KINGS
AIR-CONDITIONED
"Now they know about us!"
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than fuck to
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in Shanghai!
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PRESS PHOTOGRAPHS
The big larceny case in which a Mainiiffs letter of March 20 and
large quantity of ammunition were Heller of March 29 from the Manila
stolen from the Stonecutters Island office of FEAT. This is confirmed Referring to Ross' subsequent de-
The circumstances of no two com- In February this year was recalled by reference to daily papers where claration, following the Identif
panies were the same and he did today when Chan Yiu, alias Kun HK$800 is advertised by the leading cation parade at which he
not believe, that any hard, and fast Tau, unemployed, admitted before companies as the Hongkong-Manlia failed to
pick out
that
rules could be laid down about these Mr Latimer at Kowloon Court the fare from January 1 1947 to March he thought the second accused re-
matters. There was no divergence, charges of aiding and abetting in 17. Then a reduction was made to
to sembled one of the men who at-
As for the second accused, Ross' however, in the underlying principle the theft and possession of ammuni- $500 and by March 21 there is tacked him, Counsel argued that Identification of him was not con- of conservatism which pervaded | Bion. reduction to $300. The deduction however bitter Ross might feel clusive. There was not that degree financial polley throughout the In- Chan denied the first count of claimed of a full third on this ac- over the loss of definiteness required in a serious
and in this the Company's of 80,796 rounds of .38 re- count is therefore excessive though not low as of his friend, he would matter of the present nature, Coun interests were best served by their varceny or 847 rods of 455 re- 11 must be noted that the January-ride his intelligence.
sel contended.
being no exception.
volver ammunition from the Naval March period was the least busy Speaking of the statement made.
The Chairman said that the establishment on February 9. The The ente presented by the prose Directors had continued their policy charge was withdrawn against him. by the third accused, Mr Lonsdale cutlon left many gaps and uncer- period, of the year.
and
Defendant was sentenced and there was an unequivocal ad- tainties, declared Mr Wright, Tak- of disposing of uneconomical UNDER MISAPPREHENSION mission that he was present at the Ing various factors into considera- obsolete units of the fleet. With total imprisonment of three years The basis of calculation of the crime.
It was, however, not a con- tion, he submitted that the Jury must the new tonnage acquired during on the two counts. damages awarded by the learned fession but an exculpation.
the year the Ficet, though small, comu to the conclusion that the Trial Judge was not stated in his Counsel suggested that all tree
average book judgment, but from a perusal of part accused were present at the robbery Crown had not brought sufficiently how averaged nine years of age and
positive evidence to satisfy them £16.11.0d. per gross ton of his notes there appears to be which
Immediately was followed grounds for thinking he understood by violence. He submitted that all beyond doubt of the guilt of the
This is satisfactory," he added,
Found with 17 theatre tickets in the gross estimates of the opposing persons hiding and abetting in the three Accused. parties to have already allowed for crime, whether they actually com- reasonable doubts in their minds, and we must now look forward to his possession, Chan Leung the $43,000 deduction for operating mitted It or
equally the law required them to resolve it the future and to the replacement fined $200 or eight months by Mr
in favour of the accused.
of defclencles which exist in our Blair-Kerr at Kowloon this morning... expenses. The Court has referred guilty.
The trial is proceeding.
more important trades.'
for blackmarketing the tickets. It was disclosed at the meeting Sub-Inspector Howarth said ac- that an order had been placed with eused made ten cents out of every Messrs Wm. Denny & Bros., for a 70 cents ticket he sold at the Sun new vessel for the Calcutta-Japan | Wah Theatre yesterday. He also line.
had $43 in his pocket.
The Magistrate ordered the money Answered
spy
had
of
not.
word
DEFENCE PLEADING,
If there were any
Gold Sewn To
Brassiere
were
In
value
TEA PARTY FOR ALUMNI
of
to the learned Acting Chief Justice on this point and 15 authorised to say that he was in fyet under this misapprehension inctor
which
For the defence, Mr Wright, de- would otherwise have reduced the
clared that the burden was not on the accused to prove their innocence, amount of his judgment to $102,000,
As substantial reduction must
but on the prosecution to prove its be made, the Court thinks it proper case to the Jury's satisfaction. Re- to make its own assessment. The ferring to the statements, he asked Agures are only a rough guide as
what weight should be attached to It
Impossible to
them. In considering them, they FEATI's proportion whether
all the to take into account
Two gold bars weighing Ave taels trome
clrcumstances of the case, including [cach would the
sown found
to the tothi
have
A ten party will be given by Mr increased от diminished
the statements of the accused when brassiere of Chan Shon-chung, 25, during the year
1947. The defendants' the admissibility of the statements during a routine search at Kal Tak W. Kwok, the Special Commis- the Yesterday, sald RO Knox, prosecut-stoner of Foreign Affairs to estimate of gross returns ($175,000) was being thrashed out.
Quoting from Wills Circumstan-Ing at Kowloon this morning
of SJUAA and their (members though more carefully worked out tinl
warned Evidence, Counsel
Sunday at 4 p.m. may be no more accurate than the against placing implicit confidence know what is," commented Mr Blair- Kwok's "If that is not smuggling. I don't familles on
residence, No. 10 Po plaintiffs' rough estimate of $100,-
Shan Road, confessions, He emphasised Kerr, who cautioned Chan and con-
It is traditional for Alumnl of fsented the gold valued at $3,300.
Ist
John's University to hold a May well-dressed a
young and have been more than their actual woman,
Univeralty of 244 Lockhart Rond, Outing annually at the
In Shanghai. The May $47,600 in respect of the reduction expenditure for the second half pleaded that she was an overOuting at Mr Kwek's residence for of fares, leaving a
balancu
Chinese and had taken the gold from of усат.
the Alumni is keering up with the $90,000. The sum of $1,002 already The damnges awarded aro ac-Conton for expenses as she could not received on account of commission | cordingly reduced to the
of take in enough CNC. She said she old tradition of St John's Univers has not been taken into account In | $00,000. The appeal having been wanted to have the gold on her in More than sixty Alumni and view of the evidence for the plain successful, the costs will be paid by case of a plane accident when her their families are expected to take
ipart. tiffs that $43,000 would probably the respondents.
other possessions would ba lost.
000. It seems reasonable therefore
take the mean
upon
of these two
from $43,000 for
to Aguris ($180,300) and deduct thero-
expenses
sum
Chon,
campus
ot
Ticket Scalper
to go towards the Ane.
ZBW RADIO
T.
›WAS
Programma Summary: 0.01. Children's Half Hour: Songs for Doys and Girls
Donald Fraser. presented by studio: 630, "One Night Sland". Tre sented by Phillo Bum (Studio); 7, Fred Harley and Hils, Music (UBCTS); 7.15, Songs by Mexican Composers (Frederick Fuller)Baritone. (DBCTS): 730, "Tho End of the Play"A Mystery play by Fellelty Douglas (BDCTS): D, World and 1lome News London Relay): 0.13, Health Week"The Destroyer (Studio): 0.39, "Gillbert and Sullivan The First Quarrel" (INCTS); 930, Popular Classics; 10. World and Mome. News (London Ne lay): 10.15, wWeather Report: 10.18, at Paul's Sulta (folat)....The Jacques Sirlag Orchestra: 1030, New Dance To- cords: 11, Radio Nowe Rest (Lontion Re- lay),, 1135,- Weather Report and Close Down
Coplas of photographs taken by the South China Morning Post and Hong Kong Telegraph Staff Photographers are on view in the
Morning Post Building.
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