1930-05-12 — Page 1

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MITSUI BUSSAN KAISHA, LTD.

No. 27,485

MISCARRIAGE OF JUSTICE ?

Identification Parade Criticised."

A DRAMATIC COLLAPSE.

Mystery Teeth and a Person at Large!

The trial of the three Chinese at the Criminal Sessions for the

ESTABLISHED

1346

HONG KONG, MONDAY, MAY 12, 1930.

PLUCKY GIRL FLYER.

MISS AMY JOHNSON ON WAY TO SINGAPORE.

SANDSTORM EXPERIENCE.

TWO GREAT GOLFERS HERE.

HAGEN & KIRKWOOD PASSING THROUGH.

BUT NOT TO PLAY!

TO-DAY'S DOLLAR. --The closing rate of the dollar on demand, to-day was 1/5 %.

PRICE $3.00 Per Month.

BOY KIDNAPPED.

Poorest of All Poor Pleas.

Dainty Eyeglasses

N. LAZARUS Ophthalmic Optician

13, Queen's Road Central

SULLEN ATMOSPHERE IN INDIA.

EIGHT HUNDRED TROOPS NOW STATIONED AT SHOLAPUR,

MASTER · MARINER CHARGED.

ALLEGED POSSESSION OF OPIUM.

SHOPS AND MILLS C1.OSED. KASHGAR RAID SEQUEL.

Sholapur, Yesterday, Arthur Hall made an appear.

FEIGNED IGNORANCE.

Sentence of one year's hard | labour was passed on a Chinese Rugby, Yesterday. Looking exceedingly fit and woman named Ng Kam at the Kow- Miss Amy Johnson, the 22-year-hibition games in Australia and when she was found guilty of hav- appears to be returning in certain the Central Magistracy this morn-

bronzed after their series of ex loon Magistracy this morning,

A sullen, vicious atmosphere ance before Mr. B. E. Lindselt at

alleged murder of a Buddhist priest in Kowloon City on February 16/old British girl, who is attempt-Manila, Walter Hagen, presenting kidnapped a Chinese boy, aged areas in the town. More military ing. came to an abrupt end this morning before Sir Joseph H. Kemp, Kcing to fly alone from England to British Open Gif Champion, and three years, from 248 Tai Nam forces have arrived from

Australia, left Karachi to-day for three times winter of the event, Street, Shamshuipo on April 90.

His Worship asked for the pro- Poona, making 800 troops here.duction of the Analyst's certi Mr. F. C. Jenkin, counsel for the defence, criticised very severely Alahabad, and hopes to proceed lian player, and world's finest golf ed that she did take the little boy closed. Some of the former at Grimmitt, who represented the and Joe Kirkwood, great Austra When charged, the woman plead-Shops and mille continue to be fiente, but Revenue Officer the methods employed by the police in conducting identification via Calcutta and Singapore. She trick shot artist arrived in the out on the day in question and she tempted to re-open, and thus ter- Revenue Department, said that parades of suspected persons. He said that it was a travesty of the reached Karachi yesterday after Colony early this morning, aboard handed him over to a man, whom minate the Einrtal due to Gandhi's Mr. Taylor, Monopoly Analyst.. case, and amounted to gross miscarriage of justice. After pointing įsix days' flight, thereby establish-

the a.s. Empress of Canada. she did not know, who went away arrest, but mill hands protested at had not yet gone into all the pack-

The tourists had been expected with him. out flaws in different angles of the Crown' case, Mr. Jenkin, totally ing a fresh record for the distance aboard the 8.8. Taiping, on which

the unfairness of this until the ages seized. However, Mr. On hearing this, his Worship mills have resumed. It is at pre- Grimmitt said, it was calculated wiped the crown ense off its feet by means of the two teeth found by a solo flyer. She was then two liner they left Australia, but proclaimed that the plea was the sent considered too risky to do that there would be approximate-

days ahead of the schedule of

Mr. Kirkwood explained to poorest of pleas he had heard this, especially as they are Euro-ly 2,500 tacls of opium. China Mail representative that of for a long time!

pean owned. Reuter. Bert Hinkler, who holds the record they stopped off for a series of

Det.-Sergt. Meadows said that ac-

Magistrate's Warning. for the quickest flight to Austra- four exhibitions in Manila, and cused lived with the lad's mother, by the Empress of father, and a principal tenant, for

Jalapur, Yesterday. lia. Her most exciting experience came on

A letter from the District Canada to Hong Kong. They will about eight months at 248, Tai Nam Magistrate at Surat has been hitherto occurred between Bagdad drive round the island, and may Street. and Bunder Abbas, when she en-possibly have a look at Fanling taking the boy out practically daily. Tyabji, Gandhi's successor, warn- She was accustomed to handed to the octogenarian Abels. countered an extremely violent as well, if time permits, before but on April 30 she did not returning him that the proposed raid on sandstorm. She decided to land. leaving to-night for Shanghai, with him. On May 3, a Chinese the private salt works at Dhare-

on the premises,

The jury, before hearing the closing address of the Crown, asked the case to be stopped, when they returned a unanimous ver diet of "Not Guilty" against the three prisoners.

"NO EVIDENCE TO HANG A DOG.”

resumed this morning, the statements of the pri- at the conclusion of their preliminary trial at the Magis

When the case was

yoners made

tracy, were read by Mr. H. Somerset Fitzroy, Assistant Crown Attorney. Before Mr. Jenkin, who was in- structed by Messrs Geo. K. Hall Brutton & Co., opened his defence, he submitted to his Lordship that there was no case to go before the jury.

He said that he had just discovered an authority relating to the matter of identification parades. He contended that if the case were to go before the Appeal Court, what- ever sentence pronounced by the In- lower Court would be quashed. dependent evidence and an identifica- tion parade was of the utmost im- portance: in fact, it was the sub- stantial pillar on which the Crown would have to rest their case.

Continuing, Counsel said that the administration of justice depended entirely on the evidence of an In- dependent witness, and an identifica-

lion parade brought about by any other means would render that wit- ness unindependent,

"Grasaly Misconducted." Commenting on the parade con- ducted by Mr. Wm. le Bart Sparrow, Assistant Superintendent of Police, in this case, Mr. Jenkin said that he would not do or say anything which might affect Mr. Sparrow's position at all, but he was in duty bound to say that it was grossly misconduct- ed.

any

in

WEB

yet it

evidence

given

In the case before them, the only Independent witness was the girl,

had been

that the

girl made to

certain stop at places at different stages of the Mr. Sparrow had con- parade. troverted his evidence in chief in re- cross-examination by saying that he stopped the girl because he wanted her to have a good look at each of the prisoners.

But, counsel added, he had put another question to Mr. Sparrow,

}

gone wrong at the parade, and, have my own views of it," he added, and it would be a gross miscarriage of justice to let the case go before the jury.".

Hinkler Beaten.

His Worship then charged Hall en two counts as under:-

(1) unlawful possession of about 2,500 taels of prepared opium on board the 8.8. Kashgar, in the harbour on the morning, of May 10. Accused pleaded "not guilty."

(2) that in connection with the opium he did something pre- paratory to exporting it out of the Colony,

but the machine was blown about aboard the 8.a. President Pierce detective arrested the accused at sana on Thursday be a criminal on the ground and she blocked the There they are scheduled to play Shek Kip Mei village.

offence which the Government is wheels with luggage. For a time two exhibition matches, the ar she could see only a few yards rangements having been made covered. The Police officer thought Tyabji thanked the Magistrate The child had since not been re-resolved to prevent by all means. ahead and when the weather clear through Mr. K.

To this charge accused. also M. Cumming, that the boy had been taken for his courtesy, but said that the pleaded "not guilty." "A more unsatisfactory parade the only smooth patch for miles. Hunjae Golf Club,

ed she found she had landed on Secretary and Treasurer of the to Canton on the day that he was programme could not be changed.

Date of Hearing. kidnapped. The Police believed The police are massing here as a one could ever imagine. Whoever

Ten Games In Japan.

Mr. Grimmitt asked for a date that the accused knew the two men precaution. The Sharasana salt to be fixed for the hearing of the ever heard that a person put on a

Later they wil rejoin the Em-who took the child away, but she works have been surrounded by a case, intimating that the Crown parade Independently hud had her

press of Canads at Shanghai, and would not say anything about it, wire fence, to cut which Tyabji Solicitor would appear for the someone olac," sleeve led by

If the boy were in Canton, continu- intends to call out volunteers-prosecution. Counsel asked. Furthermore, the

ed the officer, there was hardly Reuter. girl herself had said that before she went to the parade, she knew Uncle Yeung Cheung would be there and that he would be standing fourth

"Can that be consider in the row.

FAIRER WEATHER.

The Royal Observatory's weather report to-day states:

A trough of low pressure ex- tends E.N.E. from Indo-China to the Pacific.

A typhoon is forming in its eastern extremity to the south of Naha,

Forecast:-W. or variable winds, moderate, 'fair.

Rainfall Rainfall to 10 a.m. to-day 1.22 inch. Rainfall since January 1, 18.19 inches against

average of 15.02 inches.

Temperature and Humidity

The temperature and humidi- ty at certain specified centres this morning at 6 o'clock

were:-

a71

Mias

Amy

London, Yesterday.

Johnson reached

Karachi from Croydon in six days, whereas Bert Hinkler, whose re- card she was

seeking to break, took eight. She is now on route

and Calcutta to Allahabad

and thence in two non-stop stages to Singapore and Port Darwin, Aus- tralin.-Reuter.

If

said that to say that the Crown had wholly failed to satisfy them, be yond any reasonable doubt, would be expressing himself too mildly. they agreed with him, they might express it if they wished, that the Crown should have recognised the fact that they had failed before al- lowing the case to come to this stage.

Girl Wholly Unreliable.

The main evidence came from the girl, and Insp. Reynolds had agreed that the girl was wholly an unreli. able witness. "You, gentlemen of the jury, have been put into this box and asked to listen to the fantastic story of the girl. In your domestic affairs, or in your business, I am sure you will not even hang a dog on this mass of unreliablity. I cannot say how disgusting it is that you should be called upon to sit in that box and judge a case of this kind, and be asked to return May 22, Narno, near Kobe.

Hong Kong

Temp. Hamid. 74 93

Macao

72

OZ

Pratas Island

78

93

61

B7,

69

85

verdlet of guilty, us no doubt my

70

95

64

74

63

98

learned friand, Mr. Fitzroy, would Junk you to do, on evidence of this

nature. It is nothing short of June travesty of justice."

Manila Amoy Swatow Chefoo Shanghai

attached to it.

Counsel then went on to deal with She also knew the girl's evidence given in the lower

W. Hagen.

24 & 25; Ibaraki, near Kobe. 27, Takaradzuka, near Osaka. 29 & 83, Komazawa, Tokyo,

1, Mukumi.

4, Hodogaya.

7. Mutsumi. #

S, Hodogaya.

Not in British "Open"

any hope of tracing the lad.

Hia Worshipp, convicted the woman and passed sentence of one

Appeal for Order,

Rugby, Yesterday.

His Worship accordingly fixed 12.15 p.m., on Friday.

The accused, who is described year's jail.with hard labour. How although yesterday `was

Reports from India state that as a Master Mariner Hving at 27, an an. Pilkem Street, Yaumati, is under- stood to have booked a passage

ever, he added that he would tell

her as he had told all other accused

in similar cases-that if she gave

for Singapore aboard the Kash- gar, the opium to

any information which would lend STOP PRESS av den discovered in three

to the recovery of the child later, representations would be made to H.E: the Governor for her sentence to be remitted.

STILL MISSING.

Police Search for Mr.

T. F. O'Sullivan..

NO TRACE FOUND.

Mr. T. F. O'Sullivan, who has been missing from his home since 6.30 p.m., on Thursday, has still not been found.

locked travelling trunks, which` had been put in the baggage room of the ship.

Leghorn, Yesterday. Mussolini recovered his best flamboyant style in an ad- dress to 30,000 people after Inspecting the new cruiser Gorizia. "Blackshirts, how is your pulse?" he queried. The crowd roared: "Stendy; we are at your orders till death." "Men of Leghorn,

Bail of $300,000. ` whose is the sea?" "Ours,"tral Police Station on Saturday, When he was charged at Cen-

It is also understood that Hall was at one time an Officer in the Indo-China Steamship Co.. and lately had been employed on board other ships sailing from Hong Kong.

yelled the lusty Tuscans. Italy, declared the Premier, wanted not only prosperity but prestige and a place in the sun. He warned all and sundry who might strike at. Italy's future that the whole people would rise and hurl itself like a

thunderbolt against whomsoever and. wheresoever.-Reuter.

The

Bariler Newa

bail was demanded. in the sum of $300,000. Naturally, he was un- able to raise the amount, and to- day he appeared in Court in custody.

No reference to bail was mado before the Magistrate and accused left the Court also in custody.

cows (which are ancred to the Hindus), passed off peacefully in Calcutta and suburbs.

Moslem Celebration Qufet.

Simla, Yesterday.

Delhi, Lahore,

Jana.

on

to

As he was last seen walking about in the Botanical Gardens on Thurs- day evening, a thorough search of the grounds in both the new and old

have arranged a series debark again at Kohe, as they gardens was carried out on Friday of ten by the staff of the Botanical and matches in Japan. The itinerary Forestry Department, under the in Japan will be

direction of the Superintendent,xious time for the authorities, Mr. H. Green, but no trace of Mr. since it was the date of the O'Sullivan could be found.

Moslem festival of Bakrid, which

Reports from Anticipating that Mr. O'Sullivan is distasteful to Hindus, and also Allahabad, Meerut and Bombay might have wandered from the the anniversary of the Indian state that the Moslem "Bakrid" Gardens into the hills above it, the Mutiny, it passed off without célebrations, on May 10 passed off Police on Saturday afternoon or grave incident. Even at Sholapur, quietly. This was amendeded antisfactory ?** -

gánise a search party which where a Moslem policeman was thoroughly searched the hillside be burned alive by a mob a few days by Mr. Fitzroy in a question he put that in addition

Jalalpur, Yesterday. to Yeung Cheung and Higher Courts, and asked the

tween Kennedy and May Roads. sgo, religious

Abbas Tyabil, Gandhi's succes- to Mr. Sparrow, and the reason why there would be other two men whom jury to ask themselves these ques

processions of Bor, who is marching from Kara Asked as to their plans for the Forty men took part in the search Mohammedans passed off without di on the morning of May 12, the Attorney-General had done that she would have to identify.

Under tions.

"Where was the girl at the Summer, Mr. Kirkwood, who acts and they looked into every ravine disturbance. was because he realised the danger the circumstances a parade of this time? Had she heard anything au manager for the tour, explain- and crevice in the hilla, but their authorities beforehand made a Dharsana, to raid the galt depot,

Moslem with Gandhi's volunteers, of the statement made by Mr. nature should have no importance and had she seen anything? If she ed that time would not permit of efforts to locate the missing man also strong appeal for order. British has Sparrow in his evidence in chief.

called had, was she telling the truth at the their appearing in the British proved fruitless.

Wireless Service.

Mro, Sarojinf A Charitable View.

"Any element of unfairness-no Magistracy or was she telling the Open this season.. An unfortun-

Naidu to take charge of Gandhi's matter how created-should be dis-truth in this Court? If she had ate delay in Australia, in quaron-

volunteers after he has been ar- countenanced, and unless there not, how did she come to tell diftine, had brought about this deci-one of the hottest days we could

Bombay, Saturday. rested. This was arranged by and his reply to that was that when is evidence to show that the highest ferent stories? Which story of elon, but they did intend to com

have wished to find. I can assure The "no tax" campaign, of Gandhi." he said prisoners he meant the four standard of fairness had been em-hera was the true one? I must sub-pete in the American Open Cham- you they gave us a really fine which Mr. Patel, former presi- Mrs. Naidu has gone to Bombay suspected persons. That, again, ployed In regard to an mit that the whole case has been pionship, besides a good many

time."

dent of the Legislative Assembly to arrange to bring a large num brought him back to his previous identification parade, that evi-faked from beginning to end.

Another thing that had struck is a staunch protagonist, is now ber of volunteers thence to Dhar- statement. In fact, Mr. Sparrow dence would

other open tournaments up, and

7 "Hopeless Evidence."

bim was the enthusiasm for the taking definite shape.. down the States. Was "not -at, all at home"

A Gujorat message from Bar- game that had been shown by be "No matter how much we regrot

It is understood that the au- the witness box, Tak to beamirch the administration of that the murderer or murderers

Not Playing Here,

players in Japan. Our represen- doll states that Dadabhal Desal, thorities have placed a wire fence Ing his evidence

Mr. Kirkwood was a little retative agreed that the fact of hav-ex-member of the Bombay Légis round the salt works the on

at Dhar- have, not been brought to book, we ticent about the question of giving arranged ten games through lative Council, has been appoint- sana. whole there was only one conclusion Countinuing, Mr. Jenkin pointed to come to. He would be the last to out that the girl was not only sided cannot do it on this evidence as pre-ing an exhibition game in Hong out that country was sufficiently ed dictator of the Kairs district Attack on Toddy Shops. criticise Mr. Sparrow, and the only before but on the parade as well, and travesty of justice. The mentality cation with the Colony for some

sented by the Crown. It will be a Kong. "I had been in communi- convincing proof.

to consider the question' of non-

Jalalpur, Later. charitable view he could hold would Justice Lawrence had laid down, that of this girl is such that were she little time," he said, "as both Mr. The visitors did not find the

•: "Used to Touring.”

payment of revenue,

The picketting of toddy shops be that it was a misconception of there must be positive identification to be put in the witness box, alx or Hagen and myself have not visit-strain of the tour very difficult. Jambrusar, Taluka and the teera, led to a collision between About thirty-five villages in at Ongal, near here, by volun- duty. He was, however, bound to, and nothing must be done that seem-seven or a dozen times, she would ed the Colony before, and would "We're more or less used to it by Broach district have decided not picketers and employees of the say that the parade was not con- ed unfair.

change her story every time, and the very much have liked to have now," said Mr. Kirkwood, smiling to pay land revenue, while in the toddy shops, whereupon villagers ducted in accordance with justice.

rest will be that we get nothing else played a game or two here. We ly, "and there are the sea trips in remaining villages of Taluka the armed with staves and axes at His Lordship said that while he but a mass of tangled and hopeless both wanted to see the local between, which give us ample land tax has either already been tacked the toddy shop people, whe agreed with Mr. Jenkin, he thought evidence." that the case had to go before the "She is not insane or an imbecile, or two in Hong Kong, about the The tourists expressed them pended.

course, as well as to spend a day time for resting up as it were." paid or collection has been sus-fed across the river, in which Jury. He would, however, comment In fact, she is rather an intelligent beauties of which he had heard a selves as delighted with the

two were drowned... adversely on this practice in his girl. Would you therefore expect good deal."

It is recalled that Gandhi,., in

Arrests at Simin. beauties of Hong Kong, as scen 1921 and 1922, successfully led a summing-up, and that would go iz her to do as she did, after she had "Unfortunately, he added, "It from the boat, their only regret no-tax campaign in the Kaira dis-

Simla, Yesterday. favour of the accused. There was freed herself of her gag and loosen has not been found possible to appearing to be that they had so trick

Five civil disobedieneo volan another point which Mr. Jonkin ed her bonds? What would you arrange the games, although we little time in wideh to see the

teers were arrested in the Mall might touch upon and that was the arpact her to do? You would ex offered to play on a rate basis. Colony...

Penceful Festival

whilst announcing a meating for credibility of the girl's story. pect hoff she was not avoiding Besides, it is not often your local Mr. Hagon, who came aahore

Sholapur, Baturday, May 11 to manufacture, contra- Mr. Fitzroy also thought that the early interference, if she was not enthusiasts get an opportunity of without a hat, gives the impres passed off peacefully hare with The crowd were dispersed by

The Moslem Festival of. Bakeld band salt. T matter was for the jury to decide trying to get people tou early on the seeing champion of Mr. Hagen's slon of being taller than indicat the exception of an incident in the use of a fire hose, after a He could not read from the evidence scene to rains a hue and cry the calibre in action, But, of course, ed in his photographs, whilst dr. the evening, when a small crowd warning, given by Mr. Sparrow that the moment she found her master lying the decision, rasted with lfers Kirkwood is tall and bronzed, and entered two police. Fotations and

And at Peetaway. parade was induced" and had 1 on the floor, with his hands tied and here

powerfużly bulit. He got busy”, brought our uniforma - and furni-

Peshawar, Yesterday. In the appr

with histure and then burned them. It is officially announced that The crowd dispersed, before the hitherto thirty-nino arrests have side, and arrival of the Police.

been made here ten being of bad characters, fourteen of Congress." office bearers, and thirteen Lem which in bere of the League of Youth

In

He would even go further than this,

With regard to the parade the girl was led up to the prisoners. On

that ground, he submitted that the case should be dismissed and not go before the jury

His Lordship said that be a

preciated the importance of what

Mr. Jenkin had commented upon,

but he thought that the evidence

Baid that the girl had only paused at different stages of the parade

Mr. Jenkin Yes, but Mr. Spar

row did not tell us whether the pause

be .out. To admit it would

*

wash-

justice," Counsel'added.

Judicial Comment.

His Lordship But I don't think been, he would have to admit that there le any evidence that he had it would be seriously stopped her

Ser that there were people lying below,

gag over, his mouth. She know

say Skouridendn aid, that under the circumstances he would have to dis cuss the merits and demerits of the did nothing of the sort case with inry:

hor flat, mid that a shop was only about

a short distance away. But che

Aleutia Quiet,

Calcutta Bat

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