1930-08-29 — Page 7

FRIDAY, AUGUST 29, 1930.

CHARGES AGAINST AN EX-MANAGER.

(Continued from Page:1.)

After hearing evidence for the prosecution and for the defence, Mr. Grunthan, P.M., discharged the de-

fendant.

Arguments Recalled.

fuse to consider It? I think that

I am not. When the case was be- fore the Central Criminal Court, no objection was taken by the pro- secution to the admission of the. plea and Lord Alverstone. CJ. declared that that could not affect

RADIO

THE

TO-DAY'S PROGRAMME.

The following programme will be broadcast to-day from the Hong Kong Broadcasting Station ZBW. on a wavelength of 355

metres:-

G p.m. Chinese Programme. 7 p.m.-European Programme of Victor. Records.

· Le Coŋ' D'Or—-

Introduction,

the jurisdiction of the Court of Criminal Appeal. In the present complaint no objection was taken to the admission of the plea and the point was only taken by Mr. In his cross-examination of the Lo subsequent to Mr. d'Almada's complainant in the present.com-address and after he (Ir. Lo) plaint Mr. d'Almada elicited from had called witnesses for the pro- him that he was dissatisfied with

secution, but while the matter Mr. Grantham's decision and that was still before this Court, Even he would continue to prosecute until if Mr. Lo is not eatopped from he was satisfied there was a T. K. taking the point at that stage in Leung. Complainant adinitted the proceedings, the Court is that on the evidence given by him surely entitled to exercise its dis- in both cases he alleged that decretion, to rectify any error, and Souvenir (Drdia),, fendant, by a false voucher, -de-to accept a plea of autrefois ac- Meditation from "Thais (Magsonet), frauded the Barent, but when Mr. quit as though it had originally d'Almada sought to obtain an ad-Leca properly pleaded, leaving Alcina Suite-Overture (Handel), mission from him that in regard to the defendant the opportunity of Charges 5 and 6 of the previous pleading' over to the felony. case defendant was in peril in re

Plea Acccpied.

sume

day

Bridal Cortege (Kersakow),

London Symphony Orchestra (9098). Song of the Night (Waldrop), The Gateway of Dreams (English),

John McCormack, Tenor (1403).

Jesse Crawford, Organ (22155),

Philharmonic Symphony

Orchestra (1495). Do Not Go My Love (Hageman), Homing (Salmon),

Marguerite D'Alvarez, Contralto (1116). Fond Recollections (Popper), Impromptu (Popper),

Phyllis Krneuter, Violoncelle Solo (4185). Beautiful Night, Waliz (Offenbach), Spring Song (Mendelssohn),

International Concert. Orch. (35839), Nobody's Using It Now, My Love Parade,.

spect of the present complaint it I therefore accept u plea of was ruled that this question was for autrefois acquit and proceed to the Court to decide.

consider it on its merits. It is Mr. d'Almada, in the course ofgreed that to determine whether his cross-examination of this wit-

such a plea is available it is ness, read from page 6 of the de-necessary to ask positions of the previous ease the (1) Was the prisoner "in following passage "Ex. J (cash jeopardy" on the first charge? book of 'firm) 9/4/30. entry on (2) Was there a final verdict? credit to refund of Mr. Kwok's ad- (3) Was the previous charge sub-

Entry vance $100,"

stantially the same as the pre- 'Salary for I canvasser (August- Bent one? March) $526' Ex. L is voucher In the present case the answer supporting that entry and has de- to the first two questions is in fendant's signature chop."

the affirmative. It is only in re- At the close of the case for thegard to the third question that prosecution Mr. d'Almada address-there is any doubt. Mr. d'Almada ed the Court and submitted that by has argued that the charges are Sec 17 (2) of the Forgery Ordin the same, Mr. Lo that they are) ance No. 11 of 1922 under Sec. 8 not. In Keuny's outlines of Blue is the Night, of which the complaint was brought, Criminal Law 13th Edition p. 476 Remember You from Somewhere, the complainant having prazeeded we find "To determine whether

ance.

My Heaven of Love,

Del Staigera, Cornet Solo. Italian

Alray

Victor Novelty Orchestra (22429),

James Melton, Tenor (22439).

(Strauss),

|

CHINA MAIL.

ROUND THE CINEMAS

*

"TREASURES"

... PRODUCTION..

MUSICAL

"THE BIG PARTY."

NEW ADVERTISEMENTS.

'BANK HOLIDAYS.

TN Accordance with Ordinanca "What the well-dressed' woman No. 7 of 1930, the EXCHANGE will wear is one of the many at- BANKS will be CLOSED for the tractive features of "The Big transaction of PUBLIC BUSINESS Party," the Fox Movietone musical on MONDAY, 1st of September offering, which showing at the (the First Monday in September). [Queen's Theatre.

Hong Kong, 27th August, 1990.

During the action in the spectacu-

NOTICE,

lar modiste's shop sequence, a series A.. S. WATSON & CO., LIMITED. of professional models are seen dis- playing the latest model in after- noon gowns, evening gowna, and other feminine apparel, as a back- ground for

the delightful atory: Ober, 1930, All Departments N MONDAY, the 1st Septem- These costumes, however, were no will be CLOSED. merely selected from the studie wardrobe, but were specially de- signed by the noted fashion creator, Sophie Wachner, in complete a

cordance with the newest dictates for Spring wear.

The Hong Kong Dispensary, opened for dispensing prescriptions Dispensing Department will be from 10 am to 1 p.m. and from

p.m. to 7.80 p.m.

A. B. WATSON & CO., LIMITED, Hong Kong. 29th August, 1930.

NETHERLAND CONSULATE

GENERAL.

Dixie Lee, Sue Carol and Walter Catlett enact the Teatured roles in this tuneful story of a shop-girl's romance, which John Blystone directed from an original story and script by Harlan Thompson. "SUCH MEN ARE DANGEROUS." ÎN Commemoration of the Anni-

Elinor Glyn, generally accepted

versary of the Birthday of Her as the world's widest read authoress; who created her first sensation with Majesty the Queen of the Nether "Three Weeks" and later with "It" lands on SUNDAY, August 31, wrote the story for "Such Men are

of

44

Maurico Chevalier, Baritone (22285). Poem (Kudelik), Sielanka (La Champetre),

Ruth Posseit, Violin Solo. Dangerous," Fox Movietone all the Consul General will be at

(4184),

talking drama, coming to the Home at the Chancery, Asiatie Queen's Theatre on Sunday.

is Miss Glyn

the

Building, on Saturday, August 30, young- Douglass Sutherland of Toron-

late Mr. between 11 a.m. and Noon. er daughter of the

to, Canada, and is the wife

WANTED of Mr. Clayton Glyn, M.P. Durrington House and Sheering WANTED. Immediately one Single Harlow, Essex, England. She has Unfurnished Room. Rent not more written many daring stories.

than $20.00. Preferably at Caine "Such Men Are Dangerous" con Road or Central district. Please cerns the fate of a multi-millionaire apply to Box 604, c/o "China Mail" of repulsive appearance who die- appears from his aeroplane while crossing the English Channel, tut who, after being made over by a TO LET-Godown at North Point, famous plastic surgeon, again makes 11,278 square fect. Available imme love to his wife who had deserted diately. Accessible by motor road, or him.

harbour. Use of pier. Moderate Apply Vacuum Oil Company, Warner Baxter and Catherine King's Buildings. Dale Owen head the cast, which includes Hedda Hopper. Albert Conti, Claude Allister, and Bela Logosí.

..

Benno Maiselvitch, Piano (7267).

The Skaters-Waltz (Waldteufel), Estudiantina-Waltz,

International Concert Orch. (36799). Gypsy Love Song, Ah, Sweet Mystery' of Life,

Jesse Crawford,, Organ (22333).

In respect of the same facts under the two charges are substantial- Die Fledermaus-Faraphrase. the Larceny Ordinance was estopped ly' Identical is often a subtle pro- from now proceeding in respect blem. They are sufficiently near- thereof uniter the Forgery Ordin-ly identical, if evidence of the He also quoted cases in acts alleged in the second indiet support of his plea of nutrefois ment would legally have been

enough to procure acquit.

some convic- At the next hearing of the case [tion on the first indictment." Mr. Lo referred to The King V. This test has been frequently Banks (1911 2 K.B.D. p. 1095) and employed. It is enunciated by submitted that. the double plea of Buller in R v Vendercomb (VA Miniature Concert, not guilty and autrefois acquit was Roscoop. 476) and it is quoted bad. He stated that he would not with references

in the King object to the withdrawal of the Banks already referred to.

Test Applied. plea of autrefois acquit. asked by the Court why he had I propose to apply that test in! not objected to the plea when it was the present case.

tion.

When

Do: la

I

By Eight Popular Vietor Artists (35753). In the Heart of Hawail-Waltz, My Honolulu Dream Girl-Waltz,

Hilo Hawaiian Orchestra (11686).

Country Dance No. Pastoral Dance No. (Edwin German).

cert.

St. Louis Symphony Orch.) (0003).

"THE FOUR FEATHERS."

rent.

TO LET.

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TO LET-11-40, Winglock Building, Kowloon, opposite Star Theatre. 30 New European Flats with flush sys It was real, real! "The Four tem and all modern conveniences, Feathers" was real. It was flesh Reasonable rentals. Ready November

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and blood, not flickering film. 1, 1930. Apply to the Wing On Co.,

There was no time, to reason now; the mind. ceased to function. |

Action, action! The British column BOMBS.ON PEKING. formed into a "square" That docsn't mean much in the talling,

a. "Lighterman Tom" (Squire).but to see that tightly packed mass' b. "Time to Go" (Sanderson). of humanity, facing oblivion, mak. 3-Mrs. Arnold-Cello Soloist:

4.

a. "La Romanesca" (Old. XVI. ing a last stand, is to surrender te

Century Dance)

b. "La Plainte de la Jeune Fille"

(Schubert).

Mrs. Brearley-Mezzo-Soprano: "Gretna Green" (Oliver). A. b. The Old Clock" (Drummond).

6-Mr. W. Rafley-Baritone:

the Moonlight" (Fox Trot).

entered he replied that he had not The voucher in the present dage his authorities by him at the time. which the defendant is alleged to On a decision on the point taken be-have uttered, well knowing it to ing reserved Mr. Lo proceeded to have been forged, is the same 9 p.m.-Weather Report, Local quote cases in,support of his sub-voucher as is referred to as Ex-Time and Press News. mission that the acquittal on the hibit L on page 5 of the depasi 9.95 p.m.-European Studio Con- previous charges was no bar in re- tions in the previous-case. spect of the present complaint.

The relevant passage is quoted 1-The Lyric Dance Orchestra:

"Monia" (Fox Trot). He also argued against the inter- above in this judgment. I hold

Mr. W. Balloy-Baritone: pretation put by Mr. d'Almada on that evidence of the facts alleg Sec. 17 (2) of the Forgery Ordin-ed in the present complaint, name- ance, and submitted that the section ly that the defendant, on or about had nothing to do with the question April 9, 1930, unlawfully did of autrefois acquit, but was a sav-utter, then well knowing the same ing in view of the fact that the to have been feloniously forged,

certain document to wit Forgery Ordinance 1922. was Inclusive of all local forgery legisla-Toucher purporting to be signed by T. K. Leung for the sum of I will say straightaway that 1 $520, 1.e., a valuable security forg concur with Mr. Lo's interpretation have been enough, to procure his ed with intent to defraud, would of this section and that I consider conviction on charge 5 of the pre- it affords no bar to the present com vious case for wilfully and with plain!.

intent to defraud making or con- Autrefois Acquit Considered. I wil now consider the sub-curring in making a false entry mission that the plea of autrefois a certain cash book-contrary acquit is bad, being after a plea of to Section 74 (b) of the Larceny not guilty. The heading of the Ordinance No. 5 of 1865. If the report of The King V. Banks (1911 the entry of which it is said by voucher was feloniously forged 2K.B. p. 1095) reads:-

The appellant and another per must necessarily be false and the complainant to be in support son were charged upon a Coroner's fraudulent, and it has never been Inquisition with the murder of suggested that defendant did not child, and the appellant was also make that entry. charged alone upon an indictmont

Judgment therefore is "that the with the manslaughter of the child, defendant shall go without day" to both of which they, pleaded re- and is altogether discharged from spectively not guilty. the prosecution offered no evidence

After judgment had been given upon the Coroner's Inquisition for in His favour, Mr. d'Almada ap murder and the jury by direction of plied for a certificate of dla the judge found. a verdict of not

chargé, which the

Counsel for the prosecution.

guilty upon the Inquisition. Be agreed to give... i

fore the jury were sworn to try the

indictment the appellant handed in

Magistrate

Possible Appeal.

a. "Sunshine Town" (Squire). b. "The Yeoman, of England"

(German).

7-Mra. Arnold-Cello Soloist:

"Air de la Pentecote" (Bach). b. "Gavotte" (Glack). -Mrs. Brearley-Mezzo-Soprano:

a. The Pipes of Pan" (Monck-

ton).

b. "Give Me Youth and a Day"

(Drummond).

The Lyric Dance Orchestra:

"Lacky Little Duvil (Fax Trat), 10.30 pmClose Down.

a moment that one may not live again. The zenith of emotion had been reached: In an inspired | fury, the coward" cut through

that terrible mass "Coward" was he?

+

INDIGNATION · OF „. THE CHINESE.

NO MILITARY OBJECT.

Peking. Yesterday, "It transpires that in yesterday's

of fighters, aerial rald on this city two coolles They would were slightly injured. Consider.

Fortunately, the bombs there did not explode but there was consider.. able danger of destroying buildings of great historic and artistic value without any apparent milltary ob

5.The Lyrle Dance Orchestra:,

"Livin in the Sunlight, Lovin' in give him white feathers, the able indignation is expressed in coward's badge, would they? Ho Chinese, and surprise in foreign would show them....We had been circles, at the bombing around the promised the sight of strange, un Forbidden City and the Winter identified animals in the long

Palace. heralded "Four Feathers.".

They were there, true enough; neither monkeys, nor gorillas, but a combination of both with sharp hippos crashed their weight of jet eyed-dogs or wolves" heads. Giant

The commandant of the emer countless tons against the aides of river banks and all but swallowed gency force and director of the up the dauntless Berces; seemingly Fublic Safety Bureau have losued at their mercy in a fraff canoe. As, proclamation denouncing the jungle fire routed beasts whose Nanking faction for attempting to

buildings designations we can't tell you be destroy ancient cause we have never seen their like. Peking, declaring that the public Rather thrilling, but they fade into need have no alarm, as they are CLEARS AWAY WHEN POLICE consequence beside the vivid mounting anti-aircraft guns on

memory of that fight. Never were Coal Hill and the city gateways.. APPEAR

we so stirred. Frenzied warriors, Meetings of the enlarged Plen- on foot and late astride, their swiftry Session of the Kuomintang will be held in future at various times footed camels blotting out the

and places..... horizon as it seemed, covering every.

Chinese as well as foreign press- thing in alght, like ants filing their men are warned not to publish the ant worth. To Richard Arlon, whereabouts or movements of Wang Ching-wei, as one bomb was dropped mot far from his ze

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7

In

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China Mail Office, JA, Wyndham Street,

no promise They both admitted the offence. The screen lives under the touch FATHER'S SACRIFICE

an additional plea of autrefois Mr. Lo then addressed his Wor- Before Mr. T. S. Whyte-Smith at earnest and capable throughout but acquit, and, the jury having been ship. He said that there had the Kowloon Court this morning, rising like an irresistible force aworn, the appellant was Grat tried been many casca in which notices two Chinese woman were charged that sweeps all before it in the upon that plen. By direction of of appeal had been given but no with having behaved in a disorder. grand climax, goes the credit for the judge the jury found against thing had come of them. Therely manner fu Shamshulpe district, an outstanding nonlevement. the appellant on that plea and he fore he would make was-then tried upon his plea of not of an appeal, but would merely One of them said that they had a of Cooper and Schoedsack. They gailty and was convicted. Upon any that the prosecution had al quarrel over misunderstanding struck, too, a moment of real horror REFUSED TO RETIRE UNTIL appeal against the conviction on the ready engaged Counsel with a what the husband of one was al-in the picturisation of black bodies SON'S CAREER ASSURED. ground that the judge ought to have view to appeal if the case went leged to have said to his wife. In the "Black Pit ecene. This is held that the plea of autrefois against them, and for that reason Crown Sergeant F. G. Baker, Paramount sound picture, but with acquit was good

he must give his Worship his ap-stated that the quarrel originated no talking sequences and seems de sacrifice to give his son a chance in The story of a father's great plication to state a case if rein a house, but later the two stined for another of those almost life was revealed recently at the Extremely Technical Point.........⠀ Held that the appellant, after quired. He was making that an women came out to the street endless runs with which the inquest on Joseph Lunt, aged 60, having pleaded not guilty to the plication at the earliest possible to finish up. "The husband Central Theatre has become identichfof foreman at Brunswick railway badictment, was not entitled to more in which to appeal. He police constable coming.

moment because they had only one ran away when he saw a fed plead autrefois acquit in addition would now place all the depoal-The Magistrate-Perhaps that thereto so long as the ples of not tions of the case before Counsel was wise guilty stood upon the record, and and the decision whether to ap. To the women. Mr. Whyte-Smith that therefore he could only rely real or not would depend on sald"A very foolish way to be upon that plea as a ground for Counsel's advice.

have. The Police have quashing the conviction.

His Worship gave leave to sp. do without having to

As was slated in the judgment real and then raised the matter

of the Court in that

point being an extrem

one may properly be

techaldsl answer, but to me that is just

of recognisance which he fixed at

Mr Lo submitted that that was too high. He said, thats Counsel' feu-and other costa connectoday An appeal would not amount

quarrels between peop

His Worth over, in bo

bou

plenty:

PERU'S SAVIOUR.

GREAT OVATION FOR CERRO

de

goods yard, Liverpool, who was killed during shunting work,

Mr Lunt was due to retire on a pension, some time ago, but bila 29- Years-old son, who was "Liverpool University, had not completed his Course and was soon to take his final examination for bl BS6", den Mr Lunt decided to go on work so that his són – would - have his chance in fe

The son, Joseph Alb devoted himself to stud recently, he was› Infori

bor had gained his dogfed, - HĨ.

said then that he would”

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