1937-10-01 — Page 4

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COMPLETE DENIAL BY MAJOR IN SECOND TRIAL

A COMPLETE DENIAL OF THE ALLEGATION THAT HE DEMANDED OR ACCEPTED. ANY MONEY FROM ANY ONE ON BOARD THE SS. FATSHAN WAS MADE BY HARRY RICHARD MAJOR, AT THE CRIMINAL SESSIONS THIS MORN- ING WHEN HE WAS CHARGED WITH ACCEPTING A BRIBE OF $40 FROM HO WING ON BOARD THE SS. FATSHAN ON JULY 10.

Mr. D'Almada appeared cna witness who could not be relied upon, behalf of the accused, while the before the opening of the case. Under the circumstances, the only effect would Crown was represented by Mr-be, if the case came before the jury M. J. Abbott, Assistant Crown to prolong the ordeal and suspense of Solicitor.

the accsed. Tapet

--OVERRULED

Mni Tok, fruit-stall holder on board the ss. Fatshan, was further cross- Mr. Abbott said that even though

examined by Mr. D'Almada this morn-

ing, after which Lo Fong, manager of His Lordship had the right to exercise the Kwong Shing Heung firm, testified his discretion in advising the jug not that he bought the wolfram through to convict, it was within the province in of the jury to disregard that advice Ho Wing, who tansacted business

and register a conviction. Under the the name of Wing Kee.

circumstances, the case should be CRO. STORY -55

brought thefore the jury, he submitted. Chinese Revenue Officer No. 110, His Lordship remarked: "be" Leung Choi, stated, in answer to Mable to hold that there was no direct Abbott, that about 6.30 am. on July 10 evidence against defendant, and there- he boarded the s.s. Fatshan accompan-fore there was a case to go to the jury, led by the accused. Witness went to Accused then gave evidence, and the steerage deck, and, as he was go stated that on the morning in question ing up the gangway, near the fruit- he was standing near the searching stall, he saw two baskets. While wit table on the wharf when the ss. Fat ness was testing, the weight of the bas shan arrived. GR. OS 110 and 70 kets, a passenger came up and told were with him

witness that his name was Kwan Yin,

ON THE BOAT

and that the baskets contained wol framIt appeared that the passenger He first went to the crew's quarters owned the baskets. Witness then or-and when he reached the frit-stal he dered him to open the baskets.

saw GRC 70 near CRO

Accused then appeared and asked accused's attention by saying, for bail of $50. Accused spoke in there are two bags of Chinese, and said: "No $50. bail; all here." He showed accused will be taken to the office. After this, bags were they accused requested witness to call the mind the woo compradore, but while on his way to CRO call the compradore, Major called him cused saw back.

OFFER ALLEGED

fram ore.

amounted to

about 30 pounds in all C.RO. 70 In the presence of accused, Kwan said that the wolfram belonged to the said that he would stall holde 0. ing questioned as Yia, the passenger.

Ac-to whether the wolfram was on mani- give accused $10 "to drink tea".

reply cused replied that he wanted $40. fest the stall-holder made no Kwan Yin was reluctant but agreed to whereupon accused tok CPO. 70 to pay the money. He then went and bor- call the compradore and to get the Towed some money from the fruit-stall ship's manifest keeper.

The wolfram was not on the mai- the did not look at Accused asked witness to accept the fest. Accuse money on his behalf. Witness did as manifest as he was satisfied with the he was asked. Witness placed the compradore's re The compradore that as the quantity was money in his trousers' pocket and then said left, accompanied by accused, walking so small it was quite probable that towards the bow of the ship. While the wolfram belonged to the fokis of walking, accused asked witness where the stall. Accused warned the stall the money was. Witness gave it to holder that he would be arrested and accused. Accused broke open two rolls the goods confiscated should he do so of five-cent coins and put the money in again

his pocket, after he ordered witness witness decided not to "bring in”. back to the wharf

the wolfram because the quantity was Accused demanded the money, and if so small. He then left the place and witness had said at the Magistracy entered the first class saloon where he that the offer was first made by Kwan had a cup of tea, after which he left Yin it was not true. It was accused the shio.. who mentioned the amount first, and he was with him all the time. C. R. O. 170 was not present. **

COUNSEE'S SUBMISSION

DID NOT SEE CRO.110

Accused did not see CR.0.,110 on board the ship, but met him again at the searching table on the wharf when At the close of the Crown's case, Mr. accused left the ship. He ordered D'Almada submitted there was no case C.B.O. 112 to stay on the wharf and to go to the jury. In the absence of search the luggage of the remaining the jury who were told to retire, Comm-passengers and ordered the other Off- sel contended that the charge being rers to go to the Macao wharf as the. one of accepting a bribe the Crown had Macao ship was coming in. Accused stated that the

evidence chosen to prove its case by the evidence

1

Accused recalled the occasion when

of an accomplice who was uncorrobor- given previously by. C.RO. 110 was as-"absolute lies" Witness did not dem ated From that point of view, suming that the case would go before mand any money from anyone on board the jury, His Lordship would, undoubt the skip nor did he receive any money edly, exercise his discretion în advis-from anyone. ing them not to convict. The evidence of C. B. 0. 110 and that of the other Mr. Buller, spoke to him about the aslackness of the Chinese Officers. As witnesses for the prosecution was mass of contradictions; further, what a result of this accused smartened up C. R. O. 110 now: said contradicted the Chinese officers, and made them what he had stated at the Magistracy. search the ships more diligently and On the uncorroborated evidence of an carefully, ordering them to search the accomplice the jury must be warned of engine rooms, and, in general giving the danger to convict, but when an ac- them harder work to do. The two showed most complice contradicted himself, His Chinese officers who Lordship must be entitled to apply the slackness in their work were CRO. same test as justice would apply in a 45 and C.R.O. 110. committal case, and asked himself if a ACCUSED'S DISCRETION prima facie case had been made out on! Accused said he had always exercis- evidence of a reasonable degree of creed discretion regarding seizure of dit. H, that test was applied, the an- small quantities of unmanifested cargo. swer would be that the case could not According to accused's knowledge, go before the jury because of the mum- other Revenue Officers exercised the erous contradictions and because of the same discretion, fact that C. E. 0. 110 and Li Kai were Cross-examined by Mr. Abbott, ac- accomplices..

cused said he was not doing wrong PREVIOUS CASE

in exercising, his discretion regarding Another aspect, which he would sub-seizure of immanifested cargo. Accus

other mit with some hesitancy, was that itled gathered from talks with would be difficult indeed to get the jury Revenue officers that it was a common to dismiss from their minds anything practise among all Revenue Officers, they might have heard or read in the and Mr. Buller Jnew that this dis

cretion was exercised. newspaper of the previous case.

The Chief Justice remarked that Accused added that he used his dis- such an argument could not be pateretion and did not search the ship. forward, whereupon Mr. D'Almada He was also very tired having been withdrew it.

on duty since the night before. Continuing Counsel said that the Mr. Abbott, and Mr. D'Almada then Crown had frankly admitted they had addressed the jury.