PWD LARCENY TRIAL:

WITNESS DENIES ALLEGATION

OF DISHONESTY

A suggestion that the witness had assisted in the commission of a fraud, if the allegations of the pro- » secution against Kwok Kwong were true, was made by Mr Percy Chen this morning, when he cross- examined Lam Yam, 48, master of the Cheong Hing electrical shop, No. 7 Mercer Street, at the continua- tion of the trial of two Public Works Department employees before Mr Justice Reynolds at the Criminal Sessions.

The witness denied that he had been dishonest, and said he had issued bills under his firm's name, although he had not done the business himself, merely for the sake of his friend.

You don't know these men ara PWD chargemen?—No.

Accused are Kwok Kwong, 47, Pui, Ko Lin, Ho Ting. Kam Wing. foreman, and Austin Spory, 50, Chinn Cheong and Leung Ping?---No. electrical inspector, Grade 1, both of the Public Works Deportment. They are charged on 12 counts, 10 of larceny by public servant, one of obtaining money by false pretences from the steward of the Kowloon never

ever talked to Bowling Green Club and one of) conspiracy ment of money.

Mr Percy Chen, Instructed by Mr C. A. S. Russ, is appearing for Kwok, I put it to you that you are friend and Spary is represented by Mry with these men and you

to defraud the Govern-

And you don't know that Io Ting is the foremon at Wanchai?--I have heard his name before, but I have bim know you

that Tong Chuen, Leung Ping, Au Pul and Kam Ving arrested and charged at the were Kowloon Magistracy?—Yes.

MEMBER OF GUILD

know

Is there a guild of electricians in Hongkong and Kowloon? Are you a member of that guild? Yes,

J. L. D'Alton, Instructed by Mr P. J. the perfectly well? That is not Grimths. Appearing for the pro-

correct. accution is Mr A. Hooton, Crown Counsel, assisted by Chief Insp. J. Johnston, and Det, Sub-Insp. D. G MocPherson, of the Special Branch.

The

Jury empanelled!

lled comprises four men and three women, When the trial resumed morning, Mr D'Alton continued his cross-examination of Olea Eugene Julebla, 22, a former employee of Cathay Pacifle Airways at Kai Talc, who had deposed to work done on certain of the firm's installations 1947 and 1048.

THE HONGKONG TELEGRAPH, TUESDAY, JANUARY 11 1949.

U.S. WOMEN TOLD HOW

NOT TO BE WIDOWS

Chicago. Jan. 10-A rreclal's' to the problems of old nge kald today that the average Anserican woman could look forward to spending eight years of her Hin as a widow.

De Edward Silegtite said that the average American woman marties niall five years older than herself who is likely to live thure years less than she will.

"This is one of the facts that people have to face to solve the problems of old age," he said,

дека

But George Lawton, a a consulting phychologist, argued that be- enuse "women 'Aro stronger", they should help their men live longer and should marry men younger than themselves, *

"They shoukt get up in buses and give their scuts to men. This, and marrying younger mien, wou! I remove one of their problema of old are--thore eight years of widowhood," said Lawton. United I'reas.

Close Watch Over US Consulate In Mukden

and

Peiping. Jan. 10.—The American Consulate staff in Red-held Mukden is under the closest sur- veillance of any foreign diplomatic group in the Manchurian city, according to a detailed report given by a traveller who has just returned to Peiping.

Film Star

This traveller, who feared public use of his name, confirmed that the Red administration had Cul electric, light and water supply to! the American and British Consulates | and

that armed

were Kuards stationed outside both places.

Both the American and Chinest staff of the American Consulate are ecufined either to their oflees 03 residences, but only the British glatt In the British consulate are so con- ned, with the Chinese staff moving about freely.

This man stated that he had spent almost a month getting to Peiping from Mulden, travelling partly by

Guilty On

Drug Charge

Co-

Hollywood, Jan. 10.-The Bim stat Robert Mitchum

two and defendants were found guilty today of conspiracy to possess marijuan, and ordered to appear for sentence on February 9.

defence rested without

Do the PWD electricians belong to that guild as well?--I don't know be-truck and partly by foot. The only

The this cause I am not a member of the trouble he had on his way was from

Committee.

one group of children "road guards" who hat demanded from himm the Communist "rond pass."

Do

That is not an answer.

you know whether any of the P. W. D. electricians are members of thit guld?- have never been to the toutlet

myself. You kuwo what sort of a reputa-

have artif you

your fellow gailismen know nothing about that,

his

tion

Julebin was questioned on personal blatory. He said he was Russian and had arrived with his parenta from

Do you know that they don't like Manchuria when he was four years old. He had your methods of business and that received his education in Hongkong you bring disrepute upon the guild,

The and after leaving school, joinci by your business methods?--No.

inst

Do you know that they complain Dalry Farm as later left that job and joined the that you sell your goods at unecono-

prices?-My

deals police mig Hongkong Police. He was mun for nine months, LADY! there mainly with work and 1 very seldom joined the Cathay Pacific Aleways, sell materials.

BULE

supply materials!

supervizor.

when you

business

Since the restoration of Commu- nications with the countryside, food in Mukden has been plentiful and The official rate of the cheap. American dollar was 75.000 "Bank of Manchuri" dollars lu US$ a reasonable rate in terms of local prices.

presenting evidence fnm dilety

trial.

Dancer

Meaning Of Moratorium

Questioned

The question of the meaning of the word moratorium was |raland before Mr Justice Wicks at the Supreme Court this morning in a moneylending |

case.

Plaintiff was Surjan Singh, of 12 Percival Street, who claimed $513.58 from Leg Shin-tak and Leung Shin-man, clerks of the Hongkong and China Gas Company, being the balance of principal and Interest due to him under a joint and several promissory note, dated July 3, 1941.

At the previous hearing defend- ants were absent but Singh stated that the whole amount had been paid to him by them.

ills Lordship did not accept the terms of settlement named by Singh and ordered the money to be paid Into Court.

This morning. Mr C. A. S. Russ, for the plaintiff, referring to the moratorium after the reoccupation said that it depended on the exact wording of the Debtor.and Creditor Ordinance, which simply did not provide for the post-occupation period up to the end of the morato- rium.

His Lordship remarked that mora- torium was such a new conception that it was not defined in the legal dictionary.

Mr Russ said he thought morn- torium came from some Latin word and obviously meant suspension or a trance.

after the prosecution had finished rending a transcript of testimony His Lordship: The Latin tara given before the Grand Jury.

means "aluck for the time being.” Roba Lila Leeds, actress, and

Mr Russ: Whatever the mora- Ford,

real estate agent. were found

torium Ja, my submission Is that guilty with Mitchum in the brief,

Vickic It merely suspends the recovery of Redon-Jus

Evans' ball. was declared fertelt money. through the Courts, of she cabled from New York course, for the time being, Stanley when that she did not have enough money

ney Camp transactions have been settled to travel to Bollywood for the trial, because the people felt it was the All High government, poller tur public afilities officials are Beds, but

When the three appear for the right thing to do and a wise thing

to do before the moratorium enceted.

was governmentation hearing and

next month, a second count charg- many lower ranking:

The legislation specifically deuts employees have retained their jobs.ing them with possession of mari- deals with the Interest on

Some The source said there worn

Juana will be also disposect

covered by the moratorium but does Koreans with the Chinese Red

Minimum sentence possible on each not deul with the

after occupation forces.

count would be 90 days in gaol. perlost. It deals with the question

A selling

crowd greeted Mitchum of payment of Interest, which is as he walked from the court and

very important point. The sub- tried most of the spectators

mission make is that where crowd into the lift he entered. The get statute or ordinance restricting you operator had to push them out be- Common Law righis it is to be con- strued strictly in favour of Common

He had since left the C.P.A. because supply them at very uneconomie' very few of whom are actually in

he had found a better job.

Mr D'Alton: There was no ques- tion that C. P. A. got rid of you?

Witness: No.

You agree thuit in the space of four years you have changed your Joh four times?--Yeg.

!

prices can obtain materials from the wholesalers who can supply me with such materials at cheap prices.

Yes. They think you buy your quods too cheaply, far too cheaply,

I don't know.

That

In other words they think that al-you came by your goods in a dis- Spary. hunest manner? How do they know

1 charge too cheaply?

In respect to the telephone con- versation that Mr Harris was

ested to have had with where

leged take pince?-in the

olice at Kal Tuk.

You were

not present when Mr Harris was at the telephone?-I was in an adjoining room, and I could zee him.

You heard nothing of the con- versation?-No.

I will come to that bit later. Tell us, now, your frank opinion of your- self as a business man?—I do say I am honest,

¥

You agree that you were a sharp young man?—I was able to establish my business when I was young because I knew some good customers then.

The discipline of the Red troops..

Mukden, was good.

There were no anti-American and ti-British slogans around the city, but there was plenty of anti- American mud anti-British propa

A curfew Rama in the Red Press, is enforced from 6pm. to clawn. Factorien are working again, but

only un generally

a part basis-United Press.

REPUBLICANS ATTACK

time

fore he could start.

sentence

of.

|

to

Mitchum declined to comment on the judge's ruling.-United Press.

'ANGLO-ISRAELI

DISPUTE LATEST

(Continued from Page 1)

It is not known whether their em- barkation was expedited by the Middle East events They were due to move to Sayid, at the head of the Gulf of Suez, early in January.

The neling Palestine Mediator. Dr Ralph Bunchr, is flying from New York to Ithodes, where the Iraell- Egyptian armistice talks are to begin on January 12. He will be joined by a pair of United Nations experts from Tulfa-Reuter,

Law

rights, It is unfair that a private individual, at his or her own expense, should be compelled 10 reck decisions of Courta because the legislature is so worded that the ordinary competent practitioner can- not droide what it means Inter- pactation of loo progressive a nature is undesirable for the construction of statutes. This is part of the duty of the Government and not of the Courts.

Mr Russ added that before the occupation of the Colony, the Hong- kong Bank paid one

to percent every depositor who had more than $1,000 in the bank for one month. During internment the Bank did not pay one cent on balances "and if we were to sue them for four per- cent during that period they then, of TO RELEASE PILOTS

course, would apply to the Court for summons and Bay an originating Haita, Jan. 19.-A well informed that it is against pubile polley that Halla source told Reuter tonight they should pay during that perod that the two British pilots held by So it is not worth white for a few the Jews when their

planes were hundred pounds to start a test uction On shot down

Saturday-Flying against a wealthy

body like the Oliver McElhaw and Pilot Officer the Frank Harvey

Close-would

(Continued from Page 1) Witness added that after putting

The United. Nutions Good Offees down the telephone receiver, Hare ris came to him and asked him to You came from the village a farm-Committee of three today requested facilities to visit the Repubileun take down the conversation that boy when you were 19, didn'tenders detained by the Dutch on had taken place over the wire with you? Yes,

Banka Island, off Sumatra. Spury, Witness recorded the con- Then you went fo work

for The Dutch authorities have told versation as it was dielatert by Kwong Yick and two or three other correspondents here that though the Hurris.

firms?--Yes.....

Committee will not be prevented Re-examined by Mr Hoolon. Aust then Jou stoic thelt from visiting Danka, to where there Julebin, id that when he saw customers?No.

is a frequent air service, no facilities Oh, no, You are an honest man?— will be given to correspondents to Charles M. Rowe, nn electrical en- gineer of C. P. A., showing Au Pai, Yes,

meet the Republican learters. a P.WD chargeman, where certain You consider yourself a credit to The Dutch added that a format plugs

were

be placed,

the your guilt?—I am a member.

press conference the detained You won't be for long probably leader may positions had already been

soon. marketi

tene Originally I was a member of the Important decisions about the when witness arrived on the scene.

ira Asked if there was any use of electrical merchants guild, but when place of the Republicans

put the workach were

Interim enuvusing for Dutch-planned

Federal time from the moment Harris put

Covernment of Indonesia the receiver till the time numbers for their guild, 1 joiner. down he appeared in his office, Juleh sute there was a very short interval, In reply to a question by the Jury as to how the witness sald he knew Kwok Kwong, Julebin sald that! Kwok's face was familiar, but he could not say where he had spett the man before.

be

are CX-

That's about one of the first truth-pected at a meeting tonight of the ful things you have Enid. How many heads of the Federal Staten or their members are there in this electrical representatives.Reuter. merchants guld?—I don't know.

not

Let's come back to the question of books on Incls which are your honesty. You say you are an true?-I did not law that by so

doing It was a fraud.

honest man?—Yes.

in

Now, that means to say you don't How do you think you are think falsifying your books is dis-to keep out of gaal?—I made there honest-When a firm has made out, entries..

a bill, that firm must enter his into I said how do you think you are its account hinoks. If that is not going to keep out of molt dane it would affee taxing purposes

Mr Justice Reynold 11s says he

WITNESS RECALLED Lam Yam, 48, mastes of the Cheong Hing electrical shop, No. 7 Mercer Street,

who had given of the Inland Revenue Department has not committed any fraud, Mr evidènce on Monday, regarding the

Never mind that, Do you think Chen. Show him first what crime a Issuing of certala bills on

paper it is honest to make false en.ries he has ceramitted ond thwa uk bearing his firm's name, Was TC- into your books?-1 did this only. called for erost-exanliation by De-

(or my friend, fence Counsel.

Mr Chen (to witness): Don't you Questioned by Mir Chen, witness

I am not asking you your motive, realise you

are an er.mplice if pilege sahl he had 20 year's experience in Is it honest or dishonest? When what they

aquiust Kwok took it to be a Kwong is true? the electrical trade, but hnd never made that entry been employed by the P.W.D. its proper entry.

Mr Justice Reynolds:

don't! Don't waste time. Is it honest

ዚካ

now whether that's a fair questino, he Satbilsted 21

earried on business as or dishonest to make a false entry

If wha! he says is correct, he might not be an complice at all if he believed that II an honest transaction.

shop was

and

years 820,

usunt, during the Japanese occupy- In that beak? Answer. Say It is either, Mr Chen.

tion of Hongkong. He obtained bis dishonest and get it over,

materials from shops which had

Mr Justice Reynolds: Mr Chen, 1

this

was an

plenty of stock, and he never pur-think it is a matter on which the it was true that Kwak Kwang van the man and the witness know ut

chased any looted materials,

Jury migh. very well draw their

Witnesa anil he did not know Au own conclusion.

Mr Chien: He might say it is what he had done, then he would he

Put or any other chargemen em-

played by the P.W.D. at either the honest, my Lord. Hunghom or Wanchal workshops, answer to the question,

Want

on accomplice.

with the exception of the first necus. Mr Justice Reynolds (to witness): necomplice

ed and Tong Chuen,

Mr Chen: You don't think it is healthy to know them, is that right?

Witness! No

em-

You just don't happen to know them? That is a fact,

Can't you name one man

Wanchal workshop played in the whom you know? Don't hurt your- of trying to remember,--No.

angle man?-1 only know Lung Chuen, but he is only a com- mon workman.

You know the P.W.D. employs 400 electricians? I don't know.

Not

A1 Mr Chen: He might

be ?! Let's put it that way. Witness: Lam not an accomplice. You are being asked whether it ise lold me he was doing proper honest or not that's all.

Dil the Police ever threnleit to prosecute you?-No, I was merely sent for to make statements,

"I AM HONEST"

business.

Witness: I am honest myself. Mr Chen: Are you honest be

liave you any boud-fide entries in ARILY cause you really supplied these goods?

these books of yours?--With the ex- Witness:

I did not supply them: ception of these all the other entries flere (Counsel indicates

bills are bona-file.

made out on Cheong Hing paper)

I don't believe you when you say Can you bring

you say that you supplied them?they are genuine.

I was making out these bills on the vouchers you must have filed

half of Kwols Kwong.

nway to prove this?

Can you do You were committing a fraud? that?-The only thing I can produce No.

ns proof is to

to get back the bills fron And that they recruit these elec- You were an accomplice-No. Ho the customers, tricians from among all the cicc-told me that he had someone who

That's good proof. Get back the tricians in the Colony7-Yes.

But still you say you only know Kwok Kwong, Tong Chuen ant

Chuen

among

did this works and he salted me to uilla er produce the duplientes. make out these bills.

Mr Justice Reynolds: Do you

And you assisted him to commit keep duplentes of your bills? them all? this frud. In that right?--No,

Witness: No. The references in

I put it to you that what you are saying is not truc?—I am telling the truth.

I

did not agree to commit any fraud. these bucks are as good as dupli- When he asked me to make out | raten,

the bits for him he sold his friend "Mr Chen: That's what you think. was doing proper business.

These bills said that you did the I put it to you that you not only know, but you make it your bustness business. Do you know it is to know, people. In the PWD like Au ¦ fraud to make an entry into your

Witness: If there, are references

in these books, there is no necessity

to keep duplientes.

The trial is proceeding.

Bank."

allowed to leave Israel for Britain. His Lordship: What happened Israel's attitude on the incident, during the three-year interval after the source, said, was that she did 19457

It consider Britain a belligerent

country participating in the Palestine Mr Russ repliest that he had only war, and therefore, after securing | Jost come into the ease and, had 15 the necessary evidences, saw no time to make any research. renson to detain the pilots-provided they returned to England and not to Egypt-Reuter.

SIDE GLANCES

10-12

His Lordship reserved judgment until Friday at 11.30 am.

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Diplomatic Missions To Be Exchanged

New Delhi, Jan. 10, India and

0. Programme Summary: 601, Child- | Eire ord, to open diplomatic rela ren's Story: Her again" by Eif Lewistons and exchange, diplomatic re- Clarke (BUGTO);- 8.15, Maurice, Burnan

and His Stars of Melody; d30, Cantonese Presentatives, it was oficially an- by Radio given by Miss Ler Wai Lan & nounced today.

n. K. Leg (Studio); 0.50), The Organ

A communique

Was

Dance land and ato: 1. World Nevis stating "To maintain friendly, rela- Issued,

already existing between

New Analysis (L51stoji nety); 7.18. "See Treks on Sport Studio): 7.25, tions Interlude: 720, Siage and Screen. Ph them, the Government of India and vourites presented by Alleen Wood the Government of Eire agreed to (studio); B, "From the Editorisit" (Tot don Relag): 410, University Prograrono Cxchange. diplomatic missions.”— “Arrienlture" No 7: "Horticulture" by United Press. B. T. Pearl (DUCTS1; 839, "Much Bind- Int in the Maren" (BACTR); 5 A Story: "Hast Thou been Valanced" Weitzen & Read by Jack Shepherd (Studio; -2.15. "20 Questions"-Winning Service Team v The Resident Team Question Master: Peter Gregory Studio): 10, ftadio News

Weather

Ren? (Landon Relay): 19.15, Report: 10.18, Besthoven's Lost Quartets

Quartet No 15 in A Minor, Op 13 With strelctory Talk by the May

| Faihre T. F. Ryan S.J.; 11, Gypay Mustes 11.13, Weather Report and Close Dewi

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