1941-03-07 — Page 8

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THE CHINA MAIL, MARCH 7, 1941.

IN JACOB

DEFENCE COUNSEL'S ARGUMENTS CASE HEARING

HESITATION CAUTION

IF FRANCE TRIES TO DELAY

THAT THE GIRL was at all times a consenting party and that she reported to the Police because she was afraid that her fiance would later find out, was the defence put forward by Mr. George She, in the case in which Private Frank Kenneth Jacob is charged before the Chief Justice, Sir Atholl Mac-ATTITUDE IN DISCUSSION OF Gregor.

He is charged with rape and guilt, the accused was not guilty. indecent assault on Man Mul- The bruises could have been kwai, a spinster, aged 18, near caused by excitement during the the Chatham Road football field act and if caused, had been caus- on January 16.

ed during a voluntary act. Mr. J. P. Murphy, Crown Coun- Ser- sel, assisted by Detective geant N. B. Fraser, is for the prosecution, while accused is re- presented by Mr. George She, in- structed by Mr. C. A. Sutherton Russ.

of

Important Evidence

CONCLUSION OF THE TOKYO

PARLEY OVER INDO-CHINA BY TAKING A LUKEWARM

THE REMAINING POINTS, JA- I'AN WILL BE OBLIGED TO TAKE A STRONG ATTITUDE, ABANDONING THE FRIENDLY ATTITUDE BY WHICH SHE RESPECTED FRENCH PRE- STIGE IN THE MEDIATION, STATES THE TOKYO "HOCHI SHIMBUN."

Pointing out that the Confer- the crisis, the ence has passed

says it will "Miyako Shimbun"

Thailand be profitable for both

An important piece of evidence was that of Sergeant Davis who said that the girl's dress was not torn. If there had been and France to drive the talks.

The "Miyako" advises France struggle, for over an hour, there The jury is composed

would have been more signs than to cooperate with Japan in esta-

the Messrs. G. T. Harrington

new order and (fore-just a few bruises-there would blishing man), C. Goldman, Chan Kam-have been damage to the cloth-stabilising the East Asiatic situa- shing. Ma Yue-man, Lee Gwok-

ing. yee,

Lu In-tso and Tam Poh- keng.

All this was consistent with a voluntary act.

Only witness to-day was Lieut.

Dr Bce had stated that had the Col. H. P. Rudolf, R.A.M.C., who said he had known accused for the ant not been voluntary he would past nine

more signs of a months at Whitfield have expected Barracks.

struggle. His character was very good, except for two very smal offences. He was greatly surpris- ed when he heard accused been charged with the offence.

He knew him as quiet and well behaved.

Defence Argument

Regarding the girl's story, there were only two present, the girl and accused, had

and neither might be above suspicion. Neither may the truth; both may have told have exaggerated, but in case of doubt. Mr. She asked the jury to go back on the medical evidence.

Mr. She submitted that the girl because she

Mr. George She, addressing the went to the police jury, said the evidence could be was afraid that her flance would divided into three groups. The come to know.about it. In her first report,

story.

tion, - Reuter.

WEATHER REPORT

The Royal Observatory reports that the anticyclone has moved into the Pacific to the south-east- ward of Japan and another is probably developing to the north of the Yangise Valley.

A depression has formed in the trough and as moving north-east- ward across the Sea of Japan.

It was hardly believable that in an hour and a quarter she could she had not have shouted or have been

heard.

the

medical evidence, the evidence of the girl and the evidence of the stated that Mary was the friend she went to look for, but later other witnesses.

He submitted that on the medi-she brought "Ginger" into cal evidence, after careful consi- deration they could not conclude that rape had occurred. If it had occurred, there should have been more signs of violence. Dr. Bee had said there were few bruises. The facts were consistent consent.

with

The girl had given evidence that she had been held by the neck se- veral times and squeezed, so that she could not shout. There was no evidence of this-only a [ew slight bruises.

The time factor was important. There was 3 fence near the highway and though it was two She went out with Jacob at 1.45 or three o'clock in the morning, am. after 45 minutes of hesitation. in that area in Kowloon shouts He suggested that the story of would be heard. He submitted Ginger and Mary was untrue and that she never shouted and was with accused for reasons not above that the fact was that she went a consenting party,

suspicion and must have voluntarily with him.

gone

A handkerchief had been men- tioned as tied about her mouth, but it had not been produced. There was no explanation of where it had gone. It was only un allegation.

"Hardly Believable”

Referring to the struggle, Mr. The fence round the field wa$ She said that the girl had said four feet high. He submitted that

He pointed out that if the evi- it was a long one. Her underwear it was hard to believe that а dence before the jury was as con- had been removed, but was not man could take a girl against her sistent with innocence as with damaged.

will over this fence.

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