1939-01-12 — Page 20

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JANUARY 12, 1989,

LEAVE TO APPEAL IN LI HEI-TING CASE REFUSED

LEAVE TO APPEAL AGAINST THE CONVICTION AND SEN- TENCE OF TWO YEARS AND SIX MONTHS' HARD LABOUR, PASSED ON LI HEI-TING BY THE CHIEF JUS- TICE ON DECEMBER 22, WAS REJECTED THIS MORNING BY MR. JUSTICE LINDSELL AND MR. JUSTICE FRASER.

Appearing for appellant were Mr. H. G. Sheldon, K.C., instructed by Mr. Peter H. Sin, while Hon. Mr. Leo D'Almada jnr., instructed by Mr. M. A. da Silva, appeared complainant.

for

Li Hei-ting was found guilty of obtaining a sum of $19,000 from Chiu Li-tze by means of dence trick.

a confi-

NAZIS EXPELLED

FROM DENMARK

Accused Of Espionage

Mr. Sheldon said that the appli-

Four Germans, accused of being cation for leave to appeal was bas-connected with an extensive' ed the Criminal Procedure Ordin-pionage organisation in

ance, No. 5, of 1923.

ex-

Denmark, have been expelled from the country which Mr. and told that they must never re-

The inquiries of the Danish

Another application Sheldon said that he would make turn.. to the Full Court if the present ap plication was granted, was permis- sion to call further evidence that police, which have resulted in the of the concubine of appellant who

arrest of 4 people, are now coming was present at certain gambling

to an end. which took place between appellant and complainant.

"UNSAFE"

Capt. Pfluck-Hartung, a German, who is the alleged leader of the organisation, and the nine other people under arrest will appear in

in-

The trial judge's notes of the court, trial outlined defendant's case as It is expected that they will be an allegation that he was framed charged with organising an because defendant would not pay a telligence service for a foreign $900 gambling debt.

Power with the object of giving in- According to plaintiff, she hand-formation to that Power by means ed over to appellant $19,000 and of passing ships and aeroplanes in he had stolen it, while the the evi-time of war.

dence of appellant was a total den- Dr. Munch. the Danish Foreign ial of this story, alleging that the Minister, stated that there was no prosecution had put up a fabricat-truth in rumours that German ed case and that his whole offence agents were attemping to remove was owing $900 to complainant as Jews from Danish business life. Re- a gambling debt.

ports to this effect have appeared. in Communist newspapers.

Grounds of the appeal were that it would be unsafe for the convic- tion to stand because of the great conflict of evidence.

The whole question will probably be discussed at the conference of Scandinavian Foreign Ministers at "It boils down to this," said Helsingfors this month. counsel, "The evidence of com-

M. Sandler, the Swedish Foreign plainant and her daughter-in-law, Minister, has drawn attention to who corroborated her, although on

similar a activities in Sweden. the face of it the testimony of the two people was almost the same as that of one person. That evidence was wholly uncorroborated by any- one else and, by itself, shows most extraordinary story.

APPLICATION REFUSED

a

NAZI SPY

CHARGE BY

Rejecting the application, Mr. U.S. SENATOR

Justice Lindsell said: "We are of the opinion that this is not a case) in which leave to appeal should be granted.

Washington, Jan. 6. The accusation that German

"It is quite clear from the employees in American Consul- judge's notes that there was abun-ates are accomplices in spying dant evidence of the whole tran-activities for the Reich was saction which resulted in defen-made here to-day by Senator Wil- liam H. Smathers, Democrat of "The question for the jury to

New Jersey, in a letter to Senator decide was purely one of fact. They Key Pittman, Chairman of the. heard the two witnesses concerned Senate Foreign Relations Com- and having had that evidence and

mittee.

dant's arrest and trial.

there being no question of misdi "American Consuls are certain rection in the summing-up-indeed that German employees make it is admitted that it was not un-daily reports to the Gestapo on favourable to appellant then de-the activities of the Consulates," cided that the charge in the indict- he added. He demanded that ment was proved.

all employees in American Con- "In the circumstances, and the 'sulates in the Reich be Ameri- cases quoted form no parallel what-can citizens. ever in my opinion, it seems to us Boston Society's Allegation that we cannot interfere or allow Meanwhile

Massachussetts.

the matter to go to the Full Court State Charity Commission has for possible revision.

Jopened a investigation into the "For that reason, we hold

activities of the German Relief leave to appeal should not be Society in Boston, to find out granted.

whether it is in financial relations with the Reich.

that

The investigation was decided: Lau Sze-kun, master of the Man upon following a statement made Sang factory, No. 140 and 148, by the District Attorney for the Quinan Street, has reported that State of New York accusing Ger- between 11 p.m. on Tuesday and 6 man travelling agencies of send- a.m. yesterday, some person stole ing funds to Germany in ex- twenty rolls of cotton cloth to the change for "tourist marks" sold value of $40 from the above in the U.S.A. through this address.

ocietyHavas.