1941-01-13 — Page 8

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THE CHINA MAIL, JANUARY 13, 1941.--

Defence Plea In Court Martial:

No Case Made Out

A PLEA THAT Captain H. L. Reeves, R.E., had|

no case to answer was submitted by the Defending MORE U.S.

Officer, Lieutenant H. S. Badger when the court-

martial was resumed with 22 charges, relating to SHARES

certain deficiencies in fuel lubrication accounts. Lieut. Badger submitted that 16, he said "In each of these the Prosecution had not establish- charges, the accused is charged ed a prima facie case against the with being privy to the making accused; and that he should not, of a false statement in a document

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defence.

"For the purpose of the submis- His first argument with regard

to

CALLED IN

A further Treasury Or- der issued in London yes- tain the accuracy."

terday transfers a large of additional sion, I will divide the 22 charges to the second group followed from number against the accused into the same the fact that, in each charge. it four groups as those into which was alleged that the Army Form American dollar securities they were divided by the Prose-G.825 to which the charge relat- to the British Treasury. cution.

ed was a document of which it "The first group comprises the was the duty of the accused charges numbered 1, 2 and 3. ascertain the accuracy. Each of these charges contains a He examined the evidence given common feature in that, before the by Major Grose, pointing out that accused can be called upon to at the time when the accused was answer any one of them, it must alleged to have committed

all doubt offences he was be established beyond that on September 30, 1940, there pany Commander, and said existed discrepancies between the his orders were that the accused balance shown by the Ledger and should check back and find out to the remaining stocks held by the whom the issues had been made accused as Officer in charge of and obtain signatures from those the Petrol and Lubricant Account people. in the nature (in the case of the first charge) of certain deficiencies and (in the case of the third charge) of certain surpluses."

"Logically Unsound”

the accused's Com- that

The Defending Officer enumer- ated certain facts to which Major Grose had deposed, including, "That, so far as he knew, in order to carry out his instructions the accused would have to rely on his own and

other peoples' ies.'

memor-

Accused's Duty

-

Stocks affected include Ameri- can Tobacco Company 6 per cent Anaconda cumulative preferred, Copper, First National Bank of the City of New York, and Gen- eral Motors $5 cumulative prefer- red stock.

of bonds Sixty groups ferred include various issues

States Treasury Bonds United and certain bearer and registered bonds of Union Pacific Railway.-- Reuter.

trans- of

7-YEAR-OLD GIRL AS A TOUT

A.T.A. DONATIONS

the

at

she

2/Lt. Badger then explained in detail the method by which the

Before Mr. H. G. Sheidon, K.C.. Prosecution had endeavoured to

this morning, two widows, Kan Yi, establish that such discrepancies

He added-"In view of the or- 35, and Kan Mui, 35, were fined existed on that day, and added: ders given to accused by Major $50, or one month's imprisonment, "This method, though logically un- Grose (his superior Officer), and in connection with the bringing sound, is mathematically correct." in view of the knowledge which of an unregistered ward, Kan

The Defending Officer accepted Major Grose admits having had of

years old, into Kam, seven certain figures produced by the what those orders entailed, can it Colony. prosecution; but he did not accept be said that it was the duty of the

Mr. H. W. Fraser said that and he asked for the Court not accused to ascertain the accuracy about 11.45

p.m, on January 1, to accept the figures representing of the Army Forms which came Miss P. Harrop, Lady Assistant of the actual stocks on October 28 into existence as a result of such the S.C.A. was outside the Sea- 1940, and proceeded: "Before orders? I submit that it cannot.'

men's Institute, Gloucester Road, examine the method by which, Each of these charges alleged when she saw the girl accosting a according to the evidence for the that the Accused was privy to sailor. Miss Harrop took the girl prosecution, the 'Actual Stocks' on the making of a false statement to the S.C.A. October 28, were ascertained, let in an

The Army Form G.825.

The following day, the girl took me remind the Court that the re- Prosecution had not adduced one Miss Harrop to No. 85, Jaffe Road. sulting figures form an integral shred of evidence to show that where first accused was found. part of the calculation upon the accused ordered anybody 10 She claimed to be the aunt of the which the prosecution has based sign the Form or get it signed, girl. According to the girl, its allegations of discrepancies saw anybody sign it, or knew that did not live in the premises, but and,

to be signed she usually as such, require the most it was ever going

guided men to the careful scrutiny."

and he submitted that, in the place. absence of that evidence, the He then examined the evidence

Second accused was arrested at prosecution could not possibly No. 80, Jaffe Road, where she kept showing how those figures were support any allegation that the the girl. arrived at on October 27, and con- accused was privy to the making tinued: "On October 28 those fig- of the statement in that docu- ures were checked by Major Mur-ment, for - he said the docu- ray and Capt. Le Seelleur, Let ment did not contain any state- me first remind the Court that ment until it bore a signature. Capt Le Seelleur is the witness put forward by the Prosecution to testify as to the accuracy of those: figures. He says, 'We had a long The third group of charges piece of wood and we stuck it into comprises those numbered 5, 7, 9, the barrels. Some of the barrels 11, 13, 15 and 17. Each of these were full; some were not. We charges alleged conduct to the guaged roughly those that were prejudice of good order and mili- as full. tary discipline in that the accus- The dip-stick was not graduated: ed ordered Sapper Kuester to but we had a tape-measure, or make on Army Form G.825 an ruler, or something, with us, entry purporting to show that a Major Murray measured along the certain quantity of a stated com- stick with something and we thus modity had been issued to a cer- date, on a certain agreed what the contents of each tain person

that being satisfied

that

The Royal Observatory reports quantity of that commodity had that the anticyclone is stationary in fact been so issued,

over China and the neighbouring The Defending Officer's argu- seas, and has increased in inten- to ment with regard to that group sity to the north of Shantung. was based upon a technical point, The depression is situated

under no circums- the south-east of Hokkaido, mov- namely, that October 28, 1940. Let me quote a tances could an Army Form, ing eastward, little more of his evidence under G.825 purport to show that there cross-examination relating to the had been an issue until it bore a Gnr. G. Khan, of Mount Davis checking of those figures.

signature. His contention was Fort has reported the theft Q. 'Was a note made of the con- that the mere preparation of the clothing, valued at $57.62, from

tents at the time when they form did not purport to show his quarters yesterday. were examined? I refer to the that anything had been issued to contents of the Store."

full I mean, we took

barrel were.'

"As I have said, Capt. Le Seel- leur has been brought forward by the prosecution to verify the figures in the Exhibits "N.I" and "N.2" representing the Stock on

Q. Even at that time you and he

́could not agred??

not

No Signature

anybody; and, he said, the "evi-

The Hong Kong Anti-Tubercu- losis Association gratefully ac- knowledges following donations and subscriptions: Hong Kong Chinese Relief Assoc. $500; China Light & Power Co., Ltd, $100; T. C. Monaghan $100; E. W. Raymond - $5; Dr. S. S. Ramler $5; Rev. H. R. Wells $5; Miss I. N. Watkins $5; Cheung Kung Leung $5; St. Johns Cathedral $5; Dr. E. W. Hackett $5 and Mrs. E. W. Hackett $5.

·

WEATHER REPORT

of

A. Well, that is, no-of the con- denes showed that all the accused A.F. G.325. In respect of the tents of the Store. Major Mur- had done was to order Sapper first, the prosecution alleges that ray was checking stock him-Kuester to prepare the forms, it purports to show that an issue self. I was checking at the His argument with regard to was made to the person who same time. At the end of it, we the fourth group of charges signed It-in respect of the second, compared our answers and (those numbered 18 to 22 inclu- they allege that it purports to when we agreed I wrote them sive) zach of which alleged that show that an issue was made to down; and I altered some of the accused persuaded or induced persons, other than he who sign- the figures accordingly.'

Lt. Otway to sign an Army Formed. Even the prosecution is at a G.825 purporting to show that a loss consistently to interpret this certain quantity of paraffin had troublesome Army Form." been issued to soldiers under Lt. He then reminded the Court Otway well knowing that that that its task was to consider the quantity" was an estimate, was evidence in the light of the 22 based.** his contention that sp

Kupon

which the ROCUS* fe, charges v the evidence of: Lt. Otway, (which

„ignore - com- ha: examined in detall) show

erything which was not that the witness-aligned the of his own volition.

Having considered #7?

the Defending bel

A. Yes, I agreed with him,' QIf his computation differed from yours, you agreed that his was correct?!' 'Yes.'

“A_Travesty!

"What atravesty! And the Prosecution uses figures arriv and 'checked' in that manner Which to base these charges against the secil Ing! with this: geðdr

810, 13

Ibitas in the bun

"declar-

which I

Court I ench that