1948-02-18 — Page 3

THE "CHINA "MAIL, WEDNESDAY, FEBRUARY 18, 1948

UNIQUE APPLICATION AS A SEQUEL TO JURY VERDICT

Sovereigns Seized

(w

"If you confisente the gold, the

have to

without sebooting,"

Murder Sentence Recalled

cunerruid world "It is quite clear that in dealing with the capital charge, the importance of the verdict being unanimous is something of the first-magnf- tude."

pleaded Kam Shu-ching, 30-year- uk woman, before. Mr. W. it Latimer at Kowl on yesterday.

Kam was charged by Revenue Officer Knox with importing 49 -gold- sovereigns-at--the K.CH. Station at 1.30 pan, on Feb. 16 The coins were

ordered to be

confiscated.

The Magistrale advised defen dant to approach the Imports & Exports Depreplavut if she want.

er the lurk of her cu

Defelant (R (). KH x) was asked by a Finale Sourcher whether she had anything in de elare and replied in the regulive, The coins were

two parkels in penket of a jacket she was weaving tref her Botig ROWD

WIN

Convent were to bu

These remarks were made yesterday by the Hon. Mr. Leo d'Almada e Castro, K.C., when an application for directions-the first of its kind in the Colony--was heard by the Full Court comprising Mr. Justice Gould (Puisne Judge) and Mr. Justice Reynolds (Acting Additional Judge).

The application was the oute↑ It might be suggested that ai come of a verdict at the trial | jurur, having been present when of bam Kut and Chung Kai, the verdict is delivered and not! charged with the murder of Lo voiced his discent, Be at Second Street on May 28, 1917.

In estopped from being heard on the point that he did not assent to the

EARL GOVERNOR

OF LEEWARDS

It is announced by tho Colonist

Office that BIK Majesty' the King has been pleased to approve the ap- pointment of 'Ear! Baktwin of Bewdley to be Governor and Commander-in-Chief of the Leeward Islands in succession to Bir Brian Freeston, K.C.M.G.. O.B.E., who vacated that office re- cently an im appointment as Governor and Comman- der-in-Chief of F and High Commissioner for the Western Pacific.

Sari Baldwin was born in 1899 and, after military service in the war of 1914- 18, acted as His Majesty's Vice-Consul in Boulogne In 1910. He was M.P. for Dud- ity from 1929 to 1931. He was elected as Member for Paisley in 1945 and recently vacated his seat on needing to his father's earl- dom.

вис-

Successful Move For Amendment In Recovery Case

The defendants,

re-

An application to amend the statement of claim-in the case in which The Kai Cheong Firm are claiming for the recovery of goods, or, altera- tively, the sum of $20.881, was granted by Mr. Justice T. J. Gould (Paisne Judge) yesterday. Hearing was adjourned till Mar. 9, at 10 a.m. M. B. A. Bernacchi, in "The allowed-and- that thoy structed by Mr. J. M. D'Almada should supply to the defence Remedies, is appearing for The all particulars reasonably Kai Cheong Firm.

quired. Mr. Lonchy also ask. The Gruened that all costs to date should Hing Firm, are represented by be paid by the plaintiffs. Mr. Charles Loseby lnstructed Mr. A.S.C. Comber of Messrs. Hastings & Company. In his application to amend

Mr. Bernacchi said that the the statement

th ส matter claim, Mr. defence and put Bernacchi Brid that A

the in Janue by pleading that they first defendants were private had done all that was required carriers, the plaintiffs must of them. Regarding the suggen- show a prima

facle of negl on that all costs be paid gence,

It was possible that the date, this was only customary defence would argue that mill-after the close of a case, gence should have been plead. proposed amendment made

difference to the defence had already preparod its case on smuggling.

Day

ed.

of

Adjourned

tu

The

150

case, as the

to

Mr. Justice Gould granted the application for leave amend, costs of yesterday to be paid by the plaintiffs.

It was claimed that the jury | verdict. If that was the law. It was not unanimous and the ap- | rortainly was not the case nf plication heard yesterday was present, necurdling to Lord At Armined

for direction that an affidavit kins in Privy Council case and that she

be taken from one or more ofn case before the Court Appeal. carrying t oversight. fr fta*

He was applying for leave be friends, ous of who was a pathe jurors on the point as to The trae inference to

to ament the statement of whether inanimous verdicts of drawn from the verdict of a

elaim by adding heleen the "Guilty of Murdler" had been jury in the box and in respect was unanimous and another not words "defendanta" not "fall actually arrived at ns. against of which no protest in raised, is unanimous would not get theed" the words "by their negli Lam Kui and Chung Kai. that gives rise to the

pre Court anywhere. The only al-gence”, It was also desired to Mr. d'Almada,

ap sumption that that is the verdict ternative would be to put the amend the particulars by inser pearing for Lam Kai and Chung of the jury, but that presump-jururs in the witness box and tion of the following: "Defen. Loreby, who asked for an irn- Kai, was instructed by Mr. M. A

to cross-examine them. This dants attempted to smuggle the mediate adjournment, hearing, da Silva. Mr. A.J. CUfford ap-

procedure, however, was against snid goods without the consent was adjourned till Mar. 9, peared on behalf of the Crown,

the law and against public of the plaintiffs and contrary 10 am. policy.

the Maryitnall Seligol. The ins used for payment of school fees.

De..

On

the appllation Jaspector J. M Priest, Lam Sing (251 wie, requanidesi เม three days in custody by M. W. IL Latiner at Rowhom yester. day The barge ngamst Lan criminal intimidation of ong H. Yuda at Kowloon on Feb. 2

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Mr. D'Almada said that Lam Kui and Chung Kai, who were sentenced

death by Mr. fuistice Williams (Chief

to

flon may rebutted,

Standard Of Jurors

Mi

HOTE

At worst, all that could be put against a juror who did not nuke any profest at the time but les

time Justler), on Nov. 29, 1947, were later, is that the delay may go appealing ngainst the sentence on the ground that the verdict to the credit of what he subse- quently says, but has no bearing de- f the jury was wrongly

of its ad. question upon the livered, in that it was not a un

missibility. suimus verdict,

As appeared from a affidavit which had been Died by Mr M.A da Silva, defence counsel, the foremen delivered verdicts of "Guilty of murder" agamat the first and third accusej a3) amummons in each case, when in fact the verdicts were not Gaznimous.

Saw Judge

The jury were divided four te three in each instance. The ibly unanimous verdicts return

LE

Mr. D'Almada than referred

the standard of jurors Hong Kony and emphasised the differences in race, temperament and character of those serving in Jaris. He said that a similar situation would never be ex- pertenced in the case of a jury in England.

to their agreement, to pay Cus tome duties and carry out all

Principle The principal Involved

ather formalities," WAA

He agreed much more important than the

that any Conta individual case, even though the thrown away should be against

the plaintiffs. con- lives cerned,

change

Opposed

On the application of Mr.

Commended By Court

at

WAS

of two men were

Fernando Carplo (14) The whole criminal law of

thanked, and emmended, by Mr. the Colony would be unwork- Opposing the application. Mr. W. H. Latimer at Kowloon yes able if jurors could

Loseby said that it was an ex- terday for promptly going after their opinions afterwards and ceptional cane and it wa his sneak thief in Chatham Rond if it could be found

out what duty to resist. The underlying on Feb. 16. The thief, Lum Yu about in the jury principle of they spoke

amendment was tai (20), was sentenced to a box and when they retired to that litigants

should not be month's hard labour and order. consider the verdict," declared prejudiced and leave to amended to be expelled. Mr. Clifford,

was only granted in certain cir Inspector J. Orem told B cumstances. He asked whether Court that about con I was possible that plaintiffs 16. defendant stole a shirt and had overlooked the fact that pair of trousers from the court. negligence must be relied on yard of 12 Observatory Rond, or that if they alleged it, they and then walked towards Chat- must allege it with precision. ham Road.

Feb,

Mr. D'Almada expressed grent Turprise that Mr. Clifford should Mr. D'Almacia went on to say urge that principles should be that his Colony now had women upheld at the COAL of the serving on juries and in quite lives of two men, He had of the emancipation of women, heard principles of that kind there were still a large number expressed in the opposite man- The defence must have full He was seen by Fernando Car- al against the first and think for "Umid creatures." I might ser.

details and time to prepare an Pio, who was sitting on the road. jurevsend were the verdicts of luppen that one of these timid It wan Common

principle answer. If the amendment was rest after a game of softball.

side of Chathum Road, having a "Guilty of manslaughter,”

ereatures" should serve on a that "hetter nine men escape allowed. It should be on terms Mr. Silva's nilidavit also dis-jury. Although dissenting from on a charge of murder than one that involved closed that three of the jurors--what the foreman says is a un

re-hearing: innocent man be hanged.” Furthermore, It should bo Y.P. Choy. M.F. Pinna and animoua verdict, she might,

ter No one know why the jurors made clear the plaintiffs 1.W. Yung-mterviewed the though self-consciousness ord not dissent on the spot. If that no further amendment will trtal judge in Chambers about these verdicts immediately after the trial.

through awe at the sight of the Chief Justice in his scarlet robes or because of the crowded Court, It was obvious that the best fail to make herself heard. evidence was necessary, as Mr. Would it be right to suggest Silva's fidavit was only based that this "timid creature" should hearsay and second-hand be precluded from being heard, kenray at that:

he heard of in a more congenial atmosphere, the mutter through Slugman that she did not assent to the Choy, brother of Y.P. Choy. verdict as announced by the

Mr. D'Almuda said that it foreman? was quite clear from the au thorities that the Court could and should obtain affidavits from the jurors concerned on the

point as to whether or not their

verdict, was unanimous.

As mentioned in Mr. Silva's

|

No Rule

directions were given, then It. would perhaps be possible to find cut.. Mr. D'Almada sald that he could see no danger

RADIO

ZBW Hong Kong broadening 4333

to jurors as a result of the ap- pitration being granted and con- cluded by quoting: "Finality in good thing, but justice is a frauency of 45 kĺkeyeire from 12.15 to better one."

2.410 ... and from 6.00 to 11.00. p.m., and alas un 9.52 megkcycles in the 21 After A short

deliberation, metre baad from 12.16 to 3.30, 6.50 to 7.30 Mr. Justles Gould announced and 2.00 to 15.00 p.m. that the Court would

deliver H.K.T. --

There was.no hard-and-fast judgment at 9.45 a.m. on Thurs-12.30 us-Daily Programme Summary.

rule which "inid

down that be day, Feb 19. cause a juror falled to express

dissent with the verdict when Medicine Man

delivered, he could not be heard

on the point at all.

If a juror In Court

affidavit, the jurors in question allowed some time to pass be-

Statutory

12.16 p.m.-Studio: Morning Prayers.

12.32 pm The Teatern with Mt Herth (Organ) Jan Ürren (Xylophonei and Tri

1.99 Vitars from Ljaht Üpera. 1.16 p.m.-News. Weather Report and

Announcemen la.

1.25 p.m.-Orchestral Interlude,

1.10 p.m.-Bongs and Musle from Foreign

· Landu,

2.00 Close Down.

6.00, p.8ldía: Children's Half Hour. B.B.C. Transcription Services In

His Majesty's Service""On board the pirate dentroyer",

6.30 p.m.-De Grool and His Orchestra with firacle Fields (Suprano).

7.00 p.m.-London Relay: World and

Home New

7.15 Dime-Rawles and-Landauer-on Two

Pianos

did interview the Chief Justice fore making his protest, less immediately after the trial, but weight would be attached to his Choi Street on Feb. 18, Sub-Insp. While on patrol duty in Tung the latter, being out of office at evidence, but in this case, Home W. Apps come on a plich occup!- the time, could do nothing in

thing was done immediately af-ed by an Itinerary medicine sel- the matter, even if he wished to

ter the trial.

ler who was beating a big drum. do no,

Mr. D'Almada requested that Apps found the man, Slu Kwan the Court direct that affidavits (24), in possession of a 3-prong- It was statutory that the he btained from the particular ed fork, a sword, two long-handle verdiet-in-murder trial must be jurors that they did not agree spears a curved spear, two long Unanimous. Apart from being with the verdict.

handle broad-binded knives and statutory, it was also a matter

Whore the lives of two men two long-handle swords; he had of common sense that unanimity were concerned, he could see ro no permit from the Commission- was necessary. It was quite clear round for opposition by the er of Police, and was occupying that in dealing with the capital Crown. In the interegla of Crown land without a permit. _charge,_the_Importance_of_the_justice,-the-matter-should-be Whion Stu-appeared-before-Mre

verdict being unanimous was investigated.

W. A. Blair-Kerr at Kowloon something of the first magni Replying, Mr. Clifford said yesterday, charged

with posses. that it was quite clear from the son of arms and illegal occupa- He did not mean to suggest authorities that where jurors tion of Crown land, SI Apps ap- that the Court should consider were present in Court when the remand of 48 hours for further 9.15 pm-landon Relay: The Varire

plied for, and was granted, the deliberations of the jury in verdiet WAB delivered, the

inquiries..

tude.

the box or when they had re- validity of the verdict could only tired to consider the verdict, be rebutted by showing that they

It was quite clear from the were not competent or other ROAD CLOSED

authorities that in other matters, wise, such as competence of a juror,

*

It is notified by the Commissioner

7.30 p.m.--Studio: "Bring You Hunia”,

Cinanten Request Programme pre- wented by Marlon Glover,

8.30 pm-Studlot Voest Recital by Vern

Ruttonjer-Detal {Soprand), with | Plano recompilment by the Very ~Rev,~~Father"Digante-

8.50 p.m.-Studio: A Talk by Donald

McCullough "The Punch Table". 0,00p.m.-London Relay: News.

9.10 pan. Weather Report

0.10 p.m.-Weather Report 0.13 p.m.-Interlude:

I

of the Paris"-By Sall from New Zealand to England.

9.45 pm Dance to the RAY, Danca

Orchestra.

10.00 p.m.London 'Relay: Radke News

Brel.

Wen

"Beau Gesta" by P. 0. Eplaca 10: "The End of 你 Journey",

1

Mr. Clifford emphasised that of Police that the water main in 10.16 pm-0.0.0. Transcription Bervice his ability to undersand thu the safety of jurors was at stake Arbuthnor Road are now under, re tanguage in which the case is and sight should not be lost of Wyndham Street and Caine Road is pair and Arbuthnot Rand between conducted, the Court does re- the fact that the question colve evidence by affidavit from intimidation was ever prosent .m. on Wednesday, Feb, 18, 1948, closed to. Vehicular rallie as from jurors,

Affidavits by the jurors that one until repairs are completed,

SECLUDED IN HIS APARTMENT, `RID KIRBY SWEATS OUT THE LAST PAGES. OF HIS REPORT ON CASE NO. 239.

WHILE A ONCE-CHILDLESS COUPLE REVEL IN THEIR NEW-FOUND HAPPINESS..

OH, DEREK HE'S HE WILL BE! NOT READY FOR

CATCH, SHAWN! FOOTBALL-YET /

of

·

10.45 -tudio Epilogue Conducted

AJ.

by the Bay Father T. Pitsgerald, 11.00 p.m.Close Down

BY ALEX RAYMOND

ANOTHER "BABY FANCIER," PRISCILLA||AND APPROACHING A THEATRICAL BLEAK, COUNTS HER PROFITS IN, HER HIDEAWAY..'-

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ROOMING HOUSE, OFF BROADWAY.. HOW DID YOU LOSE I DIDN'T, PAGAN. YOUR TRUNK, SHE KEPT IT · DOLLY?"

FOR THE RENT. I HOCKED ALL I HAD,

(** TO PAY.”

LITTLE SHAWN'S BOARD WITH MISS

BLEAK.

Carpio called to his friends and chased defendant, PC 1760, pass- ing in a car, arrested accused.

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