1938-02-21 — Page 4

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THE CHINA MAIL, FEBRUARY 21, 1938.

Chief Justice Rejects Appeal Against Sentence

"IT WAS CLEARLY A SERIOUS AND DELIBERATE AS SAULT, AN ASSAULT WHICH MIGHT HAVE HAD SERIOUS CONSEQUENCES, WHICH, IN FACT, DID HAVE CONSE- QUENCES WHICH CAUSED THE MASTER TO, ARM HIMSELF AND TURN THE SHIP BACK," REMARKED THE CHIEF JUS- TICE, SIR ATHOLL MacGREGOR, IN THE CRIMINAL COURT OF APPEAL THIS MORNING WHEN HE DISMISSED AN AP- PEAL LODGED BY A JAPANESE QUARTER-MASTER, H. WAKISITA, REPRESENTED BY MR. W. A. MACKINLAY.

-་༣

The appeal was against sentence Referring to the third ground of of 12 weeks' imprisonment, which appeal, Mr. Whyatt pointed out was imposed on appellant by the that appellant relied upon the ob- Hon. Commander G. F. Hole at theservations made by the learned Marine Court on February 2 last Magistrate. This counsel submitted, for assaulting A. Sanuki, Third, was misconceived. Officer, of the s.s. Silksworth, while the vessel was on its way from Hong Kong to Manila.

SENTENCE BEGINNING

INTENSE GRAVITY

If the Magistrate took into ac- count the misdemeanours of the crew then accused was not entitl- The Chief Justice also ordered ed to a severe sentence.

The re- the sentence to be run as from tomarks were made to show the in- day and not from the day when ap-tense gravity of the offence, sub- pellant was convicted, thus increas-mitted Counsel and this gravity ing the period of imprisonment by was shown by the

consequences 20 days.

which followed. Mr. Whyatt point- Mr. Mackinlay lodged three ed out that the Criminal Court of was mainly against the sentence, Appellant must show that the sen- The first was that the sentence re-tence was manifestly unjust. presented the maxinum penalty. and - Mr.Whyatt added that the con- was too severe, the nature of the sequences of the assault were the assault not justifying a maximum crew coming up to the bridge and sentence. Appellant had no previous threatening the master. It caused convictions. Counsel pointed out the master to turn the ship back to the Colony. The Assistant At-

•LAST 4 TIMES TO-DAY grounds of appeal, which he said Appeal was not a Court of Review.

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UNEMPLOYMENT

INSURANCE

CHANGES

that the first assault was with the fists, which the depositions showed torney General submitted that the to have been a minor offence.

sentence of 12 weeks' imprison- ment was "not one day too long.”

The Chief Justice dismissed the **appeal.

INSURGENTS CLAIM TERUEL TRIUMPH

MORE SERIOUS The second assault, Counsel ad- mitted, was more serious as ap- pellant picked up an iron poker, but, said Mr. Mackinlay, there was a certain amount of provocation to. justify appellant's behaviour, for after appellant had struck complain- ant with his fists, the third officer caught hold of him and "gave him a good shaking." Counsel submitted. that in sentencing the appellant the learned Magistrate should have taken this provocation into consideration.

The third ground was that learned Magistrate was influenced/ by the conduct of the crew, whish General Franco's forces have occu- had nothing to do with the assault.pied buildings on the outskirts of was borne out by the Teruel, and that the Republican magistrate's remarks "Discipline

This

Salamanca, To-day. Insurgent headquarters, in the official communique, claim that

an

on board the ship seemed to have troops within the city have begun been practically nil,

It look to surrender. ed to be a very near mutiny and the accused seems to have carried that into actual fact not only striking the Third Officer with his fists but later returning with a poker and attempting to attack him from behind.”

Insurgent columns which encir- cled Teruel from north and south, have junctioned on the railway to Valencia east of the city.

All road and rail communication with Teruel has been cut off, the These remarks, continued Mr. communique claims, while thousands Mackinlay, clearly showed that the of Republicana have been killed and learned Magistrate was influenced many taken prisoner. Reuter by the conduct of the remaining crew which had nothing to do with the assault, and was proceeding | under the wrong principle. Counsel submitted that the sentence should be reduced.

BOCCA TIGRIS SHELLED

sion results from the latest of the Unemployment Insurance Acts which only received the Royal Assenton

CROWN REPLIES

Canton, To-day. hursday and which brings into the Replying for the Crown, Mr. insurance, under the agricultural John Whyatt, Assistant

Three Japanese gun- Attorney scheme, persons not previously in- General, stated that imposing the boats appeared and surable who are employed under con maximum sentence did not effect shelled Bocca tract of service in the

Tigris following the principles which the learned capacities-gamekeeper, warrener Magistrate followed.

Forts yesterday at noon. ghillie, riverkeeper, water bailiff,

The Assistant Attorney General Án exchange of fire lasted al- groom or stableman.

pointed out that after the first as- most half an hour, after which sault, which was admittedly a min- the invading vessels returned to labour or offence, there

appellant According to Chinese reports are to cool down, but instead he made the Japanese destroyer No. 23 domestic servante in clubs private use of the few minutes interval to was struck by two shells, but Several small groups of employees chauffeurs and various outdoor and obtain implements with which ser- whether the damage was slight are affected and part of the exteu-estate servants.-British Wireless, jous harm could have beer Here or serious could not be confirmed.

had not he

Own Correspondent.

London, To-day,

An extension of unemployment in- surance is announced by the Minis-

Other descriptions of

-try of Labour to take effect on April | which become insurable on the same | sufficient enough evindeinterval|their former base,

date under other provisions