1929-09-16 — Page 8

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INDIGNITY OF IMPRISONMENT

Bank, wire

1/10% Aleko Eugene Lilius (39) of Fin- Bank, on demand...1/10 15/16 land, described as an American Bank, 30 days' sight journalist, was convicted and sen- Bank, 4 months' sight 1/11 % tenced to two months' imprison-Credits 4 months' ment with hard labque, on all the *sight five charges of fraud other than Documentary 4 months' false pretences against him, the

Bight sentences to run concurrently, by Mr. T. S. Whyte-Smith at the KowOn toon Magistracy on Saturday.

In delivering judgment his Wor- ship said:

.1/10

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tion of being unable to pay his Credits, 60 days' sight 48 creditors, who would have as their On Bombay- Jonty remedy civil action in the Wire

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Supreme Court, or whether there On demand were elements of fraud in his case which removed it into another Wire category and rendered the defen-On demand dant liable to criminal prosecution, On Singapore- I hold that there were Buch On demand elements of fraud. I base my de- On. Manila cision almost entirely on the case On demand. of Regina v. Jones (1898 1.2.B.119.) On Shanghai This is a case that has On demand been referred to by the learned solicitors both for the prosecutior arid the defence.

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The Case Recalled This the case in which a man went into a restaurant, ordered a meal, and, when he had consumed it, was unable to pay for it. was found to have a half-penny in his pocket. That was held to be obtaining credit by fraud, on the ground that there was an implied undertaking to pay at the conclu- sion of the meal.

Mr. Rendall, for the defence, has argued that the case

of 2

man orderlag suit of clothes and similar goods is not comparable with the case of a man ordering a meal in a restaurant. The normal purchasing three pairs of king time for the payment of a meal in fisher bangles for $12-not very ex-

Rate of Native In-

terest

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7% pa.

Hong Kong Sub. Coin, Pax-

a restaurant is immediately after pensive--but still, he did not pay for the meal is consumed; but a suit them. The proprietor asked for

of clothes is very seldom paid for payment of his whole account but until sometime after it has been the defendant said that he was going received.

of am

turn in two or three days. to Macao, but would pay on his re-

Non-Payment of Bills

the early He tried to

Mr. Rendall has gone further and has argued that if goods such as) a suit of clothes are received on credit there can be no fraud, pro- He left for Manila (not Macao) on vided that the purchaser has the the M.S. "Canton" on Intention of paying for them at morning of July. 9. some future date. I cannot accept leave the Peninsula Hotel without this view. If the credit is obtain paying his bill but the management, ed on the strength of a promise to although he told them that he was pay at a specified date and the pur- going only to Macao, had by that chaser at the time of making that time reason to be suspicious. They promise has

reasonable would 10

not allow his luggage expectation of paying on that to go, and he ultimately got a guar- date, I

opinion (on antor, who, I understand, has since the authority of the Regina. paid his Hotel bill amounting $795. Jones case), that that is The defendant has produced several obtaining credit by fraud. I would publications in order to show that he go further than this, and say that is a journalist of repute. He may even if no date were mentioned be, but the production of these has there would be an implied under proved nothing with regard to his taking to pay within a reasonable financial state, time according to local custom.

He states that there is plenty of money owing to him and Tradesmen's Accounts

that all he had to do was to cable Tradesmen's accounts are usual for it. If that is so, it is difficult ly payable at the end of the month. to understand why he did not cable Some tradesmen in Hong Kong for some at the beginning of July, render their accounts less frequent-when his creditors had begun to ly. In the old days. I understand press him. I am forced to the con- that some Chinese tradesmen were clusion that the amount of money. quite satisfied if they were paid at his command was quite inade- any time before the China New quate to pay the debts that he was Year. It is hardly necessary, how incurring. ever, to consider local custom.in this case, because it has been prov-

A Free Passage. ed that the defendant had made that the move to

Now the defence, in order to show promises to pay on specified dates: Manila was not a hastily arranged Singapore via that he got credit, or continuance scheme to evade defendant's credi- of credit, on the strength of these promises, and, I hold, that he fail-

tors, have called. Mr. Messrs. Gilman & Co.

ad to prove that when he made

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Shanghai Lands

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Buildings

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561 b 62 sa .T160 b .814.10 b .$74 b 8.31

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TO-DAY'S RADIO

BROADCAST FY. ZB.W.

ON 350 METRES

22, Des Voeux Road Central.

W. L. Shenton, and Mr. B. Wylic: tee Committee requests that any suggestions from the public as to the Improvement of the Broadcasting pro- gromnics be sent for consideration to the Chairmann. It is also hoped that in time all the host local amateur tal- ent will make itself available for con- certs, etc. As it is expected that re-

The following programme will be broadcast to-day from the Gov-ceiving sets will be installed in all ernment Broadcast Station Z.B.W. on 350 metres.

5.30-6.50 p.m.-Programme Chinese Music.

of

7.48 p.m.-Evening Weather Re- port.

Programme Records sup-

8 p.m.-Evening $23 b (Victor and H.M.V. ..$7bplied through the courbay of Tis Messrs. S. Moutrie & Co., Ltd.). 11/8 "The Aradians", Vocal Gems,

"Veronique". Vocal Gems, .90/- b

H.M.V. Light Opera Company. $2 Two American Sketches",

"Song of the Bayou",

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627

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$5 b

.$19.90 n $11.90 b .80 cts. n $13 D

Der A. Wings Lane Crawfords Mackintoshs

Wm. Powells Sineeres

Miscellaneous H.K. Amusements of

H.K. Constructions

Govt Loan $6%% B. Ind. G. Ronds

His evidence proved that by about

these promises he had any reason-June 14 defendant knew that he able expectation, or any intention,

of paying on the dates specified. I could count on a free passage to

$18 b

$12

324

.$25% 5

Victor Salon Group,

"Largo" (Handel),

"Pomp and Circumstance", Morch,

Chicago Symphony Orchestra. "Negro Spirituals",

"Irish Cradle Song",

"Together",

Fionzaley Quartet.

"I've Got a Feeling for Somebody"

Soprano... Arona Winn. The Desert Song", Vocal Gema, "Countess Maritza", Vocal Gems,

Victor Light Opera Company. "The Gendarmes Duet",

The Larboard Watch", Vocal Duet:- Walter Glynne and Stuart Robertson,

"An Autumn Serenade",

"Paem" (Fibich), Organ Sole,

Reginald Fourt.

Caldbeck Macgregor; Ord. T11 b "Oh Could I But Express in Song

Mother of Mine, I Still Have You", "My Stormy Weather Pal",

The Silver-Masked Tenor. "Londonderry Air", $1.40 8 "Chelen Fayre", Organ Solo,

pram, "The Blind Ploughman", .64%% n

Reginald Goss-Castard.

Bass...Feodor Chiliapin.

do not propose to go through all Colombo on the M.S. "Canton" about Caldbeck Macgregor: Pref. 10 b "Rose Moria", Vocal Gera5,

arrested, is a

it is impossible to answer, but question which it is a question which, I consider, does not require to be answered.

The defendant is convicted on all the ive charges.

"No No Nanette", Vocal Gems,

Victor Light Opera Company, My Men",

The Song of the Sewing Machine",

Comediane... "Symphony in G minor" (Mozart),

Fanny Brice.

Royal Opera Orch., Covent Garden. "Just Got Off The Chain", "The Pirate," Baritone, “Indignity of Jafl”~-~-

Sir Harry Lauder. Mr. F. C. E. Rendall, for the de-In The Heart Of The Sunset,”

"Forever" (Ager), fence, after the judgment, had been Organ Solo.....Reginald Foort. into consideration the fact that the

"When You're Away, Tenor, defendant had been in jail for 56, "I'm Goin' To Tell God All days already and that during his

Richard Crooks

stay in prison he had had the prison "Deep River," Bass,

0 My Troubles", food, no friends to see him and no Mignon" (Thomas), Overture, work to do, meanwhile suffering the

Paul Robeson.

dignity of a European having to "The Smuggler's Song" stay in prison in the East,

State Opera Orchestra, Berlin.

"Boats," Bags-Baritone

Peter: Dawson

the items of the several accounts, the end of June. but I shall refer to one or two It also proves that defendant was points which I think tend to show informed later that if it was not con- an absence of bona fides. In con- venient for him to sail on the sidering the matter of bona fides, "Canton" a later passage on another it seems relevant to consider the boat could be arranged for him. conduct of the defendant after ob- Now I regard this evidence 28 taining the credit as well as before, more against the defendant than in On May 28, the defendant bought his favour. It shows that the knew. a jade ring at Sheriff Brothers for that while he was obtaining c&T- $80. He said that he would pay tain of the credits, an easy exit from. for it on July, but on that date he Hong Kong was available. The de-confirmed, asked his Worship to take "One Alone," came to the shop and said that he fendant says that on July 8 he got had not got the money.

a message asking him to go to Can- The bill had been rendered on Lon. He accordingly arranged to go June 30 On June 30 the Excelsior on the "Sui Tar on the morning of Co. rendered their bill for $51.95: July 9, the morning on which the He went to them on July 1 and said "Canton" was also sailing. After that he had not the money, but that getting out of the Peninsula Hotel, he would pay on July 4. On July however, he suddenly changed his 2 he went back to Sheriff Brothers mind and decided to revert to his and got a bracelet valued at $45, original plan of going to Colombo on for which he did not pay. On July the "Canton," so that even on his 8 the Pioneer Silk Store is pressing own admission, he made an eleventh him for payment of their account hour change of plan, $175.50, and their energetic 998ist- ant is actually in the defendant's bed-room pressing him for pay-

He has given no very satisfactory ment while he was shaving, Defen-xplanation of this change of plan. dant said, "Let me finish my shave, My opinion is that if there was a and I will give you a cheque change of plan it was because he now Having finished his shave, he open- felt that his period of credit ed a drawer and then said that he in the Peninsula Hotel and with his had only two cheques in his theque tradesmen creditors was exhausted. book, and that he required them The "Canton" offered him free for two larger cheques he had to board and lodgings and escape draw

The Pioneer Store assist When the defendant was harded ready received $250 and that he was master-General, Chairman, Mr. Ef

resist when Lg Kong creditors ant refused to leave the over to Sergeant Whelan in Singa expecting more. The prosecutor King, the Hon. Mr. W. E. L. Shenton, room without getting his money. pore on July 80 he had $2 on him pointed out to his worship that if the Hon. Mr. J. P. Braga, Ni B The defendant then said that He says, however, that he had the defendant had distributed the Sutherland, Prof. R. M. Simpson, he would

borrow and pay about $20 when he was arrested by $250, among his creditors it might and Mess, T. E. Pearce, F. Austin, him that night. He did not the Singapore authorities. have influenced the sentence Heung-pak, and B. Wylie,

Joseph Gubbay, H. Lowcock, Chan do so That very day de Whether the defendant would Later Mr. Andrewes withdrew what The following gentlemen were dect fendant had increased his indebt have returned to

Hong

Kong he had said. The sentence wased as Publicity Sub-Committee-The edness to Sheriff Brothers by or not, had

been confirmed.

Hon Mr. J. P. Brees, the Hon Mr.

A Change of Plan

he not

Rendall, it was just a "nine days Southern Roses" Waltz,

In Hong Kong, continued Mr.Wine, Woman And War" Waltz, wonder" for a man to be jailed, and after that it was forgotten, but if

Candy: Chicago Symphony Orchestra

10.30 p.m.-Close Down. was not so to the world.

SUGGESTIONS & CO-OPERATION

INVITED -

to say only

hospitals and as many ships laying in -harbour will be able to pick u such entertainments, the generosity of the amateur perfermers of the Colony is confidently relied upon.

A Home Office return show that during 1928 there were 315,801 ex-. periments on living animals, an in- crease of 22,589.

Doctors Watch Closely

Allah Hoover, above, son of the Pre- sident lies ill at his father's fing

to Washington. it was de-

teturre:

Mr. Rendall went on that even if he was convicted, barring the sentence, it would affect the defendant's career COMMITTEE'S FIRST MEETING as a journalist of repute, and per- The Committee recently created to camp in Virginia. When the. Preadene haps one day in the future he would assist in the improvement of pro- cided best not to subject Allan to the meet a man who would say to him, grammes. broadcast by wireles in long motor car ride due to the abdomer "You're a convicted man.”

Mr. L. R. Andrewes, Assistant the Sanitary Board zoom, on Thurs. His mother remained with him.

Hong Kong met for the first time, in disorder from which he is suffering. Crown Solicitor, remarked to his day. The Committee is composed of a Worship that the defendant had al- the following: Mr. N. L. Smith, Post-

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