1939-02-16 — Page 4

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ORIENTAL

THE CHINA MAIL, FEBRUARY 16, 1939

PORTUGUESE TELLS NEW STORY OF ROBBERY

In the witness-box · "at the First accused, in the witness-box, Criminal Sessions this morning, said he would admit the offence if Carlos Xavier da Cruz, testified it were true. He was in the vicin against two fellow-accused, ex-ity of the alleged robbery, "but did plaining that he did not tell the not take part in any robbing. He' truth previously because he had slapped a Chinese who called him been threatened by first accused an Indían devil, but could not say and also because he was confused whether complainant was the man after his arrest.

he slapped.

Cruz, together with two Indian. |lads, Abdul Rashid, 21 years, and Abdul Caramat, 20 years, was ar- raigned before the Chief Justice, Sir Atholl MacGregor, for highway robbery on January 10 last.

Cruz represented by Mr. D. J. N. Anderson, instructed by Mr. H. B. de Botelho. Mr. J. B. Prentis, As- sistant. Crown Solicitor, appeared for the Crown.

The jury were Messrs. S. Berg (Foreman), A. M. Alves, E. H. P. White, J. B. Thomson, Leong Futt Yeow, Paul Lee and Robert Tay- lor.

C CRUZ'S STORY Third accused, Cruz, said lived at No. 6, Matheson Street, with his wife.

On the day of the alleged robbery, he crossed to Kowloon with the in- tention of seeking assistance. Mr. Rocha gave him two dollars.

While he was walking near the Yaumati~Ferry to "kill" time, he met first and second accused, who invited him to office. After refresh- ment, they suggested a hike in Kowloon City.

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On a path going up to Customs Pass Road they met a Chinese. It was alleged by the Crown that Words were-exchanged. First ac- on-January 10 three accused while cused threw stones at the Chinese hiking on the hillside off Customs and pushed him. He was told Pass Road at Ngau Chi Wan, ac-later by first accused that the costed Yau Tin-sang and robbed Chinese had called him an Indian

devil. him of $6.

He saw first accused search the The incident occurred about 100 Dairy. Yau Tin-sang was given his pockets. He requested first accused to give the money back, back 90 cents.

Accused decamped and returned but Abdue declined. Abdue gave |the Chinese some ten-cent pieces. to Kowloon by bus,

The Chinese refused to go and SEEN IN BROTHEL

WLS Abdue got angry when he Later that afternoon, Sub-Inspec-again requested to give the money tor Kellet found them in a brothel back to the Chinese. Witness then in Woosung Street.

advised the Chinese to go away as he saw Abdue was getting into a temper..

On returning to the Station, In spector Kellet learned about the robbery and recognised the-des- scriptions as those of the three men in the brothel. The following day first and second accused were arrested in the same brothel. Cruz was arrested outside Wanchai Theatre.

At the Magistracy first and se- cond accused stated that they had nothing to say and that the charge was false. Third accused made a long statement denying taking part in any robbery.

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Cross-examined, he said that when he crossed the harbour. he,. had only seven cents in his pocket. Bus-fares to Ngau Chi Wan, meals and coffee in the restaurant and expenses at the brothel were paid by Abdue.

·

Asked why he did not tell the same story to the police or at the Magistracy, he said he did not want to be involved in the matter so he decided to keep quiet.,

Chief Justice: "But when you were arrested you had become in- volved. Why did you not tell, the truth then? I was confused and afraid of first and second accused, who had threatened-me."

The case is proceeding.

Mr. A. M. Calman, of Kowloon car, Docks, has reported that, his

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