1938-05-04 — Page 4

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THE INCONCEIVABLE!

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Osa Johnson

Mesenis

At 2.30, 5.10,

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Filmed for the first time on the isle of the topsy-turvy; the upside- 'down, nature in reverse!

Martin Johnson's last picture

BORNEO

Produced by Mr. and Mrs. Martin Johnson

TO-MORROW

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MERRY GO ROUND

1938

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Gary Cooper

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Jean Arthur

“MR. DEEDS GOES TO TOWN"

THE CHINA MAIL, MAY 4, 1938.

APPEAL AGAINST LIFE SENTENCE SUCCEEDS

IN THE COURT OF CRIMINAL APPEAL THIS MORNING, FATEH KHAN, ONE OF TWO INDIAN GUARDS SENTENCED TO LIFE IMPRISONMENT FOR THE MANSLAUGHTER OF HAYAT MOHAMMED, APPEALED SUCCESSFULLY AGAINST THE CONVICTION AND WAS DISCHARGED.

THE APPEAL OF SHER ZAMAN, THE OTHER AP- PELLANT, WAS DISMISSED.

The appeals were heard by Mr. Jus- tice R. E. Lindsell and Mr. Justice J. A. Fraser.

Mr. George She, instructed by Mr. A. S. K. Lau, represented Fateh Khan, and Sher Zaman was represent- ed by Mr. Somerset Fitzroy, instruct. ed by Mr. C. A. S. Russ.

Quashing the sentence

on Fatch Khan, Mr. Justice Lindsell said in part:

UNDULY INFLUENCED

-REICH- LOAN SUCCESS

Berlin, To-day. The Reich loan for one milliard marks, the lists of which are open until to-day, has already been oversubscribed.

It is expected that the limit 250,000,000 will be raised by marks Reuter.

FRANCE TO

BUILD MORE

"We are of opinion that this appeal must be allowed. We feel the jury must have been unduly influenced by the evidence of statements implicating appellant made by the deceased imme diately after the attack upon him. The jury were not warned at any stage of the proceedings that those statements were not. evidence against appellant, save in so far as he accepted them, and in the absence of such warning: it can hardly be doubted that they at- tached considerable importance to them. It is admitted that the Crown relied on those statements on the ground that they were made in the presence of the appellant in circum- stances calling for a denial by him if they were untrue, and contended that since he made no denial he should be deemed to have admitted their truth.}·

"We find, however, that there is no Another stage in the recovery and evidence that the appellant accepted rearmament programme of the Pre- those statements or any part of them. On the contrary, he denied those state- mier, M. Edouard Daladier, ments as soon as they were made. announced yesterday in the

RELIEVED OF ONUS

of a plan to construct 500,000 tons. Mr. Bailey's evidence does not carry of merchant shipping in three the Crown any further since it estab- lished no more than that when on his years.

STEAMSHIPS

..

Paris, To-day.

was form

arrival at the bungalow deceased In addition, the shipping subsidy pointed at the two accused and said is to be raised from 5,000,000 to they had been fighting with him, first

accused said "I did it," and later "130,000,000 francs per

done all, Sahib." We find it difficult ter. to appreciate the Crown's contention that in such circumstances the appel- lant should be deemed, because he did not himself deny the accusation, to have accepted it as true. *

The confession of first accused, shouldering full and sole responsibility for the crime, was in our view suffi- cient to relieve the appellant of the onus of making any answer.

NO EVIDENTIAL VALUE

year. Reu-

MORE JUNKS BURNED OUT

Information received by the

Hong Kong Fishermen's Union- In these circumstances, we are of records the burning of three opinion-that-as-against-appellant-no evidential value can attach to the ac-

more junks just outsideHong cusations levelled against him by de- Kong waters by a Japanese arm- ceased, and that had the jury appre-ed trawler.

ciated this they must have felt that The boats left the Colony with on the other evidence before them

stopped

they could not reasonably convict the cargoes of rice and were appellant, even though they consider by the Japanese, who ordered the ed his own testimony to be in the boats to proceed to an island main unreliable.

cupied by them.

pc-

Although it was not relied on by The rice was transferred to the Counsel for the appellant there is one point in the evidence that tells not a island, while the crews, about 30 little in the appellant's favour. It was people, were put into a small boat, apparently part of the Crown case and the junks set on fire. that whoever at

the time rang the

alarm bell it was not

the appellant, Later, the Japanese captured

a

and yet not one of the witnesses call- fishing junk and forced the master ed by the Crown admitted having done to bring the 30 persons to Hong

Kong.

so.

Lall Khan, Yeung Lai Chiu and Noor Khan each deposed that he

heard the bell ringing, but appellant TWO INCHES

alone claims to have rung it..

OF RAIN

For these reasons it appears to us that such a substantial miscarriage of justice has occurred in this case as to

Rainfall in the 24 hours ended justify us, as we are empowered to do in setting aside the conviction.

at 10 a.m. to-day, as the result The appeal is therefore allowed, the of the typhoon, totalled 1.96 conviction quashed and the appellant inches, bringing the aggregate. discharged.

since the beginning of the year to 14.75 inches against an aver-

SECOND APPEAL Addressing the Court this morning

Mr. Fitzroy dwelt mainly on the sum-age of 12.09 inches. ming up of the Chief Justice. Coun The temperature at

10 a.m.

sel pointed to several passages which was 83 degrées, rising to 87 de- Counsel submitted told the jury that grees at about 1 p.m. The maxi-

this case was a case of murder and nothing else.

mum yesterday was 78 degrees,

Mr. Fitzroy contended that, when the falling to 74 degrees during the jury returned a verdict of · man- night... slaughter, the learned trial judge met

this verdict with that in his mind, and

gave the appellant the maximum sen- been nothing else but murder and in tence. Mr. Fitzroy submitted that as so directing the jury.

KILLED WITH MALICE:

the other appeal had supported his "Justification for the sentence was claim that his client was not assisted, in the natural horror and indignation The law ro- was ground for 'reduction of sentence. which the case aroused.

cognises the principle that killing with The Pulsne Judge said: “In our malice is punishable with life sentence [view, there, was abundant evidence to and in our view such circumstances' Justify the learned trial judge in his were present in this case. The appeal. view that this case could well have is dismissed.”

: