1949-01-20 — Page 2

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THE CHINA-MAIL, THURSDAY, JANUARY-20,–1040,-

SEAMEN COMMITTED APL Officials

TO TRIAL FOR RAPE

Ablo Seamon Joseph' MéGuinness, aged 24, Vin

cantTM Judge, agodTM 25”, and “ Willlanı: Jamer- McConway, aged 24, of HMS Ehtomo,...wero).. at the conclusion of the Crown caso, com- mittod: for tricliby Mr. W. A. Blair-Kerran Kowloon yesterday

Accused were: charged on four counts of assault causing grievous bodily harm to Lestle George Cubitt, Leading Telegraphist of HMS Tamar of Austin Road, and Novy Street on January 4; robbing Cubitt of $50, a cigarette lighter and a propelling pencil;, assault on Cubitt; and rape of Lee Yuk-ngo at Woosung Street.

McGuinness was additional- count, he replied.. “Wo, never,cob- Ty charged with stealing US$2 bed him.... I found the pancil on from Leo Yuk-ngo Woo- the ground." He made no stato

ment when charged with rape. sung Street.

and larceny, and “to the count of assault cald, "Noth

"Nothing to Bay," Second accused charged with causing grievous bodily harro,

I did sold, did not couse grievous bodily harm. fo. LGV Cubitein- between Canton Road and. Navy Street." To the assault charge, he replied, "1 did not assault Leslie George Cubitt,"

testified

PC 54 Luk Lal-kal yesterday that while on duty at Talmtsatsui Pier at FIT on January 4 he saw Cubitt, with blood on his. forehead, riding in a rickshaw. As the result of what the rickahaw puller told him, he took Cubitt to the Trimbrataui Police Station

ין

Sub-Inspector A. Baggott sald that he was on duty in the Charge Room when Cubitt was brought to the station. He took down the the report made by Cubitt, and then referred the case to Detec- tive Sub-Inspector C.A. Nicol.

When the three accused turned up to sign the book at the Navy Surcol gate of the Kowloon Naval Yard he saw that their clothes were rather dirty "as if they had been rolling on the ground," said A.O. Devlin, PC 8, of the Royal Naval Yard Police.

Witness said that he noticed blood stains on McGuinness's shirt trant and asked him, jokingly. "What's happened to you?" which Arst accused replied, fell."

to

"

Sub-Inspector. T. Dow said that soldiers were first mentioned by the first accused who sold that he had been fighting with some sol- diers. Cubitt then said that he had had been fighting. with same soldiers,

After questioning

sald them, said witness,

he decided to let them go. As they were leaving, he saw Brst accused lifting his jumper and untie a collar concealed under the Jumper. The collar war full of blood, The three men were allow-| ed to go back to their shilp under an escort.

His reply to the robbery count was, "I did not steal any pencil or money from L.G. Cubitt, and to the rape charge he stated, “ was under the impression that it' was paid for bỳ the Yankee anilor."

The third accused, went on DSI Summers, pleaded "Not guilty" to the levous bodily harm count, and "Well, I was under, thevins fluence of drink and hardly r member what I was doing." to the assault charge.

"I

On the robbery count, he said.

did not

interfere with Cubitt

while the fighting was going on." To the rope charge, he replied, "I was asked to, and understood

was paid for and the girl was. quite willing."

APL Officials

Confer

High ranking officials of the American President Lines are holding conferences on traffle and freight 'con- ditions in the Far East in the Hong ‹Kong-office Scen In this picture are. Mr. F. H...Spengler, APL manager of the Singapore office, Mr. Willard T. Goodwin, Vich- President of the Far Eastern-Division; and Mr. E. Hamp son, Accountant of the: Singapore office.—"China Mail" Plipto.

Of six witnesses called to the identification parade held...on. Januar January 10, said Chief Inspector McCahey, only Corporal K{by of the Scots Guarda identified any of the accused. He went up to the third accused and said, "I was speaking to this man while the The attitude of the Kowloon Second Court towards fight was going on.”

Blair-Kerr On Delays In Disposing Of Cases

+

Neither Cubitt nor tile rickshaw: coolie, Ngan Man-ho, were able to pick out any of the three mon.

Forty-Ave deaths from tuber- culosis were reported to the Medient: authorities" during the first eight days of the year:

While questioning the three ac- cused, said DST Nicol, he noticed blood stains on their caps and on the front of the first accused's During the week ended. Janu-

adjournments.and delays in disposing of cases

PWD

PWD Charge Hand Gives Evidence

A statement that ho could Ɛromombor that loxact-

ly 600 yards of wire word taken from Wan chai for the Yacht Club-olactrical-job-becauso ho had been interrogated so many times, was made yostorday by a Crown witness of the PWD larceny trial.

Lai Fu, chargehand attached to the PWD Wan

chal workshop, disclosed this in the course of cross-examination by Mr. D'Alton, who had asked him how he could remember the amount of wire, and yet could not remember his pre- vious wages.

Mr.

Lai was giving evidence in the could not remember what it the trial of Kwok Kwong, was before the strike of PWD en- foreman; and Austin Spary, vineers. Grade 1 electrical Inspector, "D'Alton: How is it that you both of the Public Works De- can remember exactly 000 yards of wire wRTO taken from tie partment, who are charged wanchal workshop for the Yacht with 12 counts of larceny by Club job, and you cannot remem- public

servant, obtaining ber your previous wages? money by false pretences, and Witness: I had been interrogated to the yards of conspiracy to defraud the Gav-many thres

wiring and 30 I could remember

ernment.

Lai Fu said in evidence that. yesterday that about May-1047.

look

Cross-examined by Mr. Chen,

he undertook sorne electrient counsel for Kwok, Lal stated that work at the Royal Hong Kong the 600 yards of wire were In of calle; and were covered with Yacht Club on the orders

The work, which was sacks: Tied to each coll was i Thing Tin.

himself and three others, label with Engilsh lettering on it. done by

ilfree or four days,

The next witness, Ho Hel, elec- trician attached to the Wanchal Cai tealed that the materiais

Rove corroborative were obtained from the Wanchai workshop, workshop.

evidence, after which he was Referring to Lal's statement cross-examined by Mr. D'Alton.

Asother electrician, Yeung work done given in the Lower Court, Jr.

Chul, testified to the work. D'Alton, counsel for Spary,

Football

Club, witness that he had said he was at the Hong Kong instructed to do the work by Ho in which 20 to 40 yards of wire Ting. Witness replied by saying for the installation of fans were that "before going to work that used. This work, witaces sold, wan morning, he saw his number on done on the instructions of Ro

Ting the board written by Ho Ting

Ng Kau; electrician; corroborat- La! further said. that Inntru od Yeung's evidence as regards

by Но ttons were glyen- |

Ting.

told

while the one who took him to the Football Club electrical job the site for the job was Tang Tin. and testified that the materials.

Lat further revealed that the were obtained from Wanchai.

Witness also gavo testimony as materials were taken from the floor of the workshop by his gang, to the re-wiring of Room 215, and that samoine had already Gloucester Building, after which,

Laken them. from the storos and be

head, he was given $90 by a that in his previous ́ ́statement. Mr. 40 stated that in the

took them to the first floor.

Miri D'Alton then told witness

N.

rece cross-examination by

witness had said he did not re-roong

́¿was” clearly, stated: by Mr. Wɛ A. Blair-Kerran materials, and digi

yesterday, in his reply to Mr. Marcus do Silva's protest at the court fixing, a date for hear. · ing of a: case when defence counsel applied : for a wook's formal remondi

hit no

.name

nor

of the c

e day he went to the Football:0 noither

Club, member from what part of the long

his number were on he had obtained the|

the list board. His instructions to Install the three fans were re- Counsel suggested to Lal that calvod verbally from Ho Ting, he he had told three stories, the first

shid, who told him that the wiring in the Lower Court being that he and the hooks were alrendy in had taken the stores from the place at the club.- Wanchal workshop but could not remember where. The second story being that he had obtained from the first floor of the the third that witness said he took the store from the first floor because it the usual routine. Witness agreed to this.

shirt. When he showed the pro-ay 8-987 births and 248.deaths to scquenments and delays in rested on January 11, and balled shop, and

pelling pencil to Cubitt in HMS were registered.

T'amur, Cubitt Identified it as his property and produced the match-

ing.pen.

on

DSI W.H. Summers, who con- ducted the ease for the prosecu- ilon, said that he made two tests at. Austin Road and Navy Street: He placed his pencil the ground and, on both occasions, found that it was impossible to see the pencil without the aid of a torch, although the time was only 8 p.m...

Accused's Statement When charged with causing: grievous bodily harm; McGuin- "L.G. Cubitt started ness said,

that trouble" To the robberyl":

DON'T KEEP IT TO YOURSELF!

"He was only able to get in touch with me on the morning of January 12, on which date he ap- peared before the court on formal remand,

:

Cannot Remember

Asked as to whether the Yacht Club job was on the board at the Wanchal office in the morning, to-lectric reiher with other jobs, witnes replied in the armativa.

The attitude of this court in which the defendant was ar diaposing of cases is governaut very late that night, ed by the belief that it is in the interest of all concerned that casce should be disposed of in a reasonable time.

"As I was engaged" on other "It is unfair to both the pro- Piecution and the defence to have business on January 12, I had no for long time to go into the question of his Pehargas outstanding.

periods. It detracts from the plea and it would be isane of me Felfency our whole system of to come before the court without administration of criminal justice." going fully into his plea to soo When the case in which Tam whether to plead guilty, and ad- 22-year-old foki of the Shing dress the court on mitigation, or 32312. OR 24354Yick Extinguisher Co. of 213. Yu to contest the charge--I sent my Chau Street, was charged with clerk willr a letter to ask for a obstructing Detective Law Chuen week's remand to take instruc- in the execution of his duty at lons" 82 Apliu Street Second Floor, was

Mr. Silva went on to say that a dinner called on January 11, Mr. Silva applied for the case to be heard when his clerk was in court the

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Denies Receiving Money

Asked · by Mi Chon- if he could remember the date on which he began his job at the Hong Kong Football Club, witness said he could not remember the date nor the month, but that it was some-

me in the Autumn of 1017.

snother Ching,

Lhat ho work- electrician, ed at the European dentist's ofice at 218 Gloucester Building, with Ng Kau, and also at the Fooltell Club with Young Chal.

Ko Lin, churgehand attached to bee Witness denied, having given any noney for the Yacht the PWD workshop at Hung Hom as to electrical Club job by anybody. He admit-save' evidence tes, however that about two work having been dono at the months after the job. Ho. Ting in- Kowloon Bowling Green Club un-

der

from Kwok formed him that they would have Kwong. Having received such in-

Instructions

structions, he

he gave continued,

the re-wiring of the place. Two of order to another workman as to

three days after the commence-

1 ment of the work, witness enid, the 500 yards of wire had been used

so that a further 100 yards were given to him by Kwok Kwong

Witness further stated that his

on the afternoon of either Febru-bench proceeded to fix January prosent wages were $5 a day, but 26. for hearing the charge. He was He snid that at the dest formal told that the officer in charge of

the case had not indicated that? remand, the court, fixed the date there was any particular hurry!

not n

At January 20, a date which was for the trial, and gave no indica

available to defenco.counsel: tion for an early date. When Mr. Silva suggested the

alternative dates. the court The police officer also indicated commented,

ahead, Mr. Su. "Tont's too for that there was the possibility of

the date fixed-hot being available

Reminders:

Today

Cross-examined, witness denied having taken back money from several workmen as a chargehand, after they had been paid for a

Defence counsel referred to a in Mr. Silva's diary, but the private letter which he said he bench proceeded to fix the date. Kowloon Rotary Club luncheon, certain jobs sent to the magistrate, in....which

he stated that the case was oné'e

The thallitons

(Continued 'on' Page 11)

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Mr. Chen: The workmen drow talk on "The History » of Education" by Mr. T. R. money for overtime work and you Howell, Peninsula Hotel; 12.30 took it bacic didn't you? Witness. That had nothing to do with me. I put it to you that you not only Bridge Mate":

Jong Drive in aid of Women's Auxillary of the got the money from the men but Society for the Protection of you gave it to Ho Sung-Ho Sung

told mo

to rio 54. Children, Repulse Bay Hotel Aton further.cross-examination, Loungo, 2,34. p.m.

another electrician gave testimony y's Men's Club luncheon, Hoof as to the Kowloon Bowling Green Garden HR Hotel, 12.45 pm Club electrical job. He further HKFA Interport Sub-Committee-

·

meeting, HKFA office, Prince's added that he had, on one occa- Bldg., 6.15pm, 4°

slon, seen Spary at the bar in the Emergency Committee meeting of club having a drink, while he was HKEA, Prince's Bldg. 6.15 at work near the telephone booth

on..the verandah.

D'Allon Army Cross Country Race, Sun- Cross-examined by Mc.

witness admitted he never actual- wat 2 p.m.

ly saw, any materials being taken |HLAFTER AB3ociation; luncheon,

at any time..out..of the Jacobean Room, HC Hotel, while the work at the Bowling 12.45 pa

stores

Screening of coloured film on Green was in progress,

After further cross-examination, **Mechanical Handling Equip-

h.m. today.

ment". by British General hearing was adjourned until 10 Electric Co., Ltd, Jacobean: Tibom, HK Hotel 5.15 p.m.

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