1952-03-20 — Page 10

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THURSDAY, MARCH 20, 1952.

9 Years $3,750 DAMAGES SIDE GLANCES

For Robbery

women

Found guilty by a Jury of Είναι men and two of robbery with aggravation, Tse Ching. pun, 37, unemployed Northerner, was this morn ing sentenced by Mr Jus tice Gould at the Criminal Sessions to nine years'.

hard labour.

His Lordship remarke accused was declared unfi:

that

corporal punishment.

for

Accurca was charged with having, with other parsons known, robbed a Woman, Chan Sik-yan, of a gold binzelet, a wia watch, a gold Anger :ing, a pair of gold earrings, eight Imitation gems, four Chinese Ailver Dars and a camera.

0.30

an on

The Prosecution was conturi:: by Mr D. E. Greenfield, assisted By Det. Sub-Inspector W. Watson, It was the Crown's case that

accused, accompanied the

by two other men, gained admix- sion into No. 20 Wuhu Street, second floor. Hunghom, about November 2 Inst Year by meuns of a ruse that

kelling were

Church imagazines. Once inside, the rubbers bound their victims (members of the complainant's family),

And ransacked the premises.

Fingerprints which were found In the premises were later iden tised as those of the

accused, who dented he had talten par in the robbery. ・・

they

the

|

AWARDED IN LIBEL ACTION

Damages amounting to $3,750, and costs, were awarded plaintiff when the action for alleged libel contained in three articles, published in the now defunct Shanghai Herald, formerly of No. 23,. Lyndhurst Terrace, concluded before Mr Justice Williams in the Supreme Court this morning.

Plaintiff was Lee Fali, Manager of the Grand View Film Studio and a member of the Standing Committee of the Film Union. He was represent- ed by Mr A. el Arculli.

Hailsham, M:

that parts of the

10 plaintiff's

Defendant Chan Yung-djib, After quoting the editor, publisher and pro- Arculli sald prietor of the Shanghai Herald, arileles referred was not legally represented. alleged immorality had not only, Plaintiff claimed $5,000 dam-expored plaintiff to hatef, con-

apest

The articles complained of were "Denouncing Mr So-and- So." "The advice to a notable of thre? Dynasties"

"Small and

|

Prize for Correct' Guess" pub-

he in the Shanghai Herald on May 25 and 27, and June 18, 1951.

tempt or ridicule but they were junginvatalion disparaging or in- jurious to him in his business.

DAMAGES REQUEST

Ceunset conclurling sakl that for speela! was not asking

He asked the Court damages. to award such damage na would compensate plaintiff for the in- jury which had been done him on three separate occasions.

THE JUDGMENT

Giving judgment for plaintif.

According to Mr Arculli, the his Lordship, referring to the first article Enid that he was articles ulleged that plaintif quite satisfied that the inuendo was a person of immoral charac there was not merely a slight with his friend's wife, that he ter and had Beit relations in the ordinary sense but that the inventin was ធេវ illicit was dishonest and inefficient in relationship. He said that the

work. Although the bis

plaintifi article was defamatory and that was not mentioned by name in persons who knew plaintiff the articles, people who knew rending the article, would be him in the film industry, rand- lieve that it referred to him, ing the articles, would conclude The article clearly held him in they referred to him. contempt and ridicule and was injurious to him in his way of ; Ousiness,

Referring to the second article, his Lordship said that prople

YOUTHFUL

galha

1-31

T. M.Ag. U, B. Pel Ort, C. 1952 by NEA Bibles, Ing

By Galbraith

"Why not get married? I'm going to be drafted anyway!".

New Puisne Judge Sits For First Time Here

Mr Justice C. W. Reece, the newly appointed Puisne Judge who arrived in the Colony last week-end, snt, for the first time at the Supreme Court this morning to hear a claim for wages brought by a master mariner.

With all three Courts fully occupied, his Lordship sat in open Chambers.

Mr Bernacchl: We could not

rong would be laid to believe EMBEZZLER Herbert Willum Jackson who be more anxious as the mor

that there was a connection be-

teen and that of May 25. The Crticle was deformatory and in bis

LAT.

Mr Justice Williams said that nwitnes

CAUTIONED

A young Phroff who admitted

Plaintiff was Capt Reginald

brought a claim for wages an behalf of himself and the crew against the Wai Sang Co, Ltd, owners of the motor vessel Wal Sang, which was detained in the harbour.

Capt Jackson's claim is for

gogee wants to sell the ship. Notice of motion could be fled within a few hours.

Mr D'Alton: If we are to ad- journ then let us adjourn for a doy

His Lordship said thet

cn

Vegetable Gardener Accused Of Arson

Continuous Quality

A vegetable gardener, Li Yuen, 41, faced trial. at the Criminal Sessions this morning on a charge of arson.

Li is accused of having maliciously set fire to the kitchen of the hut of Lam Chu-pang in Chuk Yuen village, in the early morning of Decem- ber 30 last year.

The trial is proceeding before the Chief Justice, Sir Gerord Howe and a jury of a woman and six men.

Accused is being defended by M: Persy Chen, Instructed by Mr F. W. Ko.

CAR SMASH

VICTIMS

IDENTIFIED

were

Opening the case for the Crown, Mr Patrick Yu, Crown Counsel. sakl that the com- plainant was a clerk in the Dis.

Mr WG. Stevens of the In- trict Office South living with his

Chemical Industries wife, three children and a maid perial servant in a wooden hut built (China) Lid and his wife were on an area of land which he seriously injured when their Wus permitted to occupy by the motor car No. HK3874 smashed Public Works Department.

head on into a side wall in Stubbs On the morning of December Road near house No, 292 at 0.45 30, 1951,

complainant returned P. yoerday. home at about 1.30 am, and re-

Mr and Mrs Stevens tired to bed shortly afterwards.

Shortly after 2 m, he acardushed to Queen Mary Hospital Acara where their condition this morn- the sound of a Bro-scenething ing was stated to be improving. like wood burning. Getting up,

According to the Police, Mr he opened the door of the hut Stevens, was driving up Stubbs and found

the back of His Road and was blinded by the kitchen burning. Ho. got a bucket

lights of an-on-coming vehicle of water to put out the fire. when the accident eccurred.

The car was a cream coloured He was assisted by an indepen

who also said he Morris and it was badly bad deard the sound of fire and damaged. got up from his bed to join in assisting the complainant to put it out.

dent witness

DISCOVERY

After putting out the fire he examined the premises and found cotton waste soaked with keroseno lying just near that port of the kitchen where the fire started,

Wasting Of

Water Earns

$500 Fine

DRINKS

Coca-Cola

Living Language

Why we say Don't care A hoot.

The "Hoot" in this phrase is often exchanged for "jot" without change of sense, and this is not surprising because both "hoot and "jot" come from the word "lota", which is the smallest letter in the Greek alpha- bet. Not to care a "hoot" (or "jot") therefore means to care very little.

Mail Notices

Latest umes of posting at G.P.0, and at Kowloon Past articles and Oco, registered parcel malis close one hour earlier than the ordinary mail, times shown below:

THURSDAY, MARCH 20 Dy Air Indo-China, 5. p.m.. Air Vietnam. Philippines, N. Borneo, ...

By SurfacA C.P.A.

Macao, 12 p.m.; d p.m., sa Leo Hong/Tak Shing.

Japan, Canada, 2 p.m., en Martin Bakke.

Malaya, Ceylon, Madagascar, Aden. Great Britain, Europe, a p.m., ss Radnorshire.

FRIDAY, MARCH 21 By Air

Japan, Canada, U.S.A.. 8 ... vin C.P.A.L.

Pakistan, Blom, India,

Middle East, Africa, Great Britain Europe, 18 a.m., 8.0.A.C.

Burma, India, 10.30 a.m., P.O.A.5. Formosa, Japan, Noon, C.A,T. · Formosa, Okinawa,

|HRIA,/N.W.A.L.

-p.m..

Hawail,

Malaya, Indonesia, Ceylon, India.

p.m. B.O.A.C.

Guam, Philippines, U.S.A., Canada. 4 p.m., PA.L.

N. Bornes, Australia, New Zea- land, 6 p.m., Q.B.A.

By Surface Macio, 12.30 p.m.; § p.m.; xs Lee Hon Tak shine.

China,

8.30

coiled by defendant he had embezzled $4,711 from his $10,540 out of a total of $80,096, reading through the picadings | Kowloon Police Station and re- posed a fine of $500 or three .m., trein via Canton,

MF Greenfeld informed Court, after the Jury hadt re- turned their verdict of guilty by a majority of 5-2 following half-an-hour's deliberation, that in. Sofamatory of the plain- necused had two previous con- for larceny. For the victions for first offence he had been bound over, and for the second

he was sentenced in two mon

months. Passing sentence, Mr Justice Gould

he had to take into: consideration the fact that ac- cused had been in Haol before for stealing and, though he had, on his own admission, been in receipt of certain relief, he hudi yet committed the robbery.

said

TECHNICAL

OFFENCE

Charged with carrying in- sufficient lifesaving apparatus. Chan Kwok-cheung, 42, owner of motor junk M3137, was ent- tioned and discharged by Mr at the Marine Court

W. Sing).

this this

SI Kong sold that, when the Junk was intercepted off Wan- chui

yesterday. It was found that eight of the 17 life jackets on board were unserviceable and είναι missing, making fola! of 10 jackets short

hort of the required 29. However, Inspector Kong, the number of

crew

д

stoled in evidence that he was employer and threw himself on the write: of the articles which the mercy of the Court was this were inter-reinted and that they morning cautioned and bound concerned the same three per- over for one year by Mr Poon eens, niitly, the Chairman, the Yan-hoi at the Central Magis Seretry and the Chairman's tracy. wife.

defendant.

Wong Wing-

That

article purported to It was alleged by the Crown award a smanil prize but no de- that toil was given as to what one yung, 22, had embezzled $4,711 would get. There was neither the property of the Ho Tin Ccm- any mention made of the prize prudore Co., between February or to whom a solution was to 1950 and June 1951. be sent,

AN INUENDO

:

the substance of the case should not take very long.

His Lordship then granted an

the remainder being claimed os wages que to the crew,

Mr V. L. J. D'Alton, In- appeared for the plaintiff while notice of motion by this after structed by Mr J. C. Stewart. | application for leave to file Mr Brook A. Bernacchi, in-noon and adjourned the hearing structed by Mr Y. II. Chan, until 11 aan. tomorrow, represented the mortgagee

Intervenor, Cheung Yiu-wan, "of

No 69 Des Voeux Road West Used A

were

Mr Bernacchl informed the Court that the owners unable to afford legal represen- Det. Insp, F. Roberts in charge tation. The managing director of CID Central prosecuting told of the Arm was present, he His Lordship said that there the Court that defendant

said. was a passage ia the article arrested this morning when he COUNSEL'S REQUEST which contained an inuendo appeared voluntarily before the and he was satisfied that it was Police, Defendant,

was

یا

who came an inuendo of illicit relation from a respectable family, used ship. He had no hesitation in bla employer's money because coming to the conclusion that, he had a sick wife

and three the matter in the article also young children and with was defamatory and defamatory salary of $180 a month, he could of the plaintiff, and people who not find both ends meet. With knew him in the 'Alm circle the money he left for Canton. would believe that he was the! At the time when he wanted to person referred to therein.

come back to confess

fendant was

.In

law ho

for the articles, even though he claimed he did not write them

He said that in the firs salt

person

comes

Complainant suspected that somebody had started the fire deliberately so he went to the

ported the matter,

As

a result

of his report Inspector Chan Wei-man and another polleeman went to the scens to investigate.

Inspector Chan saw that part of the kitchen which had been burnt and

result of in- As a formation received, he WDA takten by the complainant to the house of the accused to make further enquiries.

Mr Oswald Cheung_im-

months on a 19-year-old ap. prentice at Kowloon this morning for wasting water and remarked "Let that be a warning to those who waste water."

.

People's Republic,"

Japan, Noon, as Patroclus. Siam, 2 p.m., is Prosper,

SATURDAY, MARCH 22

By Air..

Durma, India, Pakistan,

Slam

+

Bahrein, Great Britain, Europe, 11.30

lauma via B.O.A.C.

U.S.A., Canada, 2 p.m., P.A.A. Japan, p.m.. B.O.A.C. Indo-China, France, French North & West Africa. 6 p.m.. Air France.

Stam, 5 p.m., P.O.A.S.

By Surfars Macaó, 12.30 p.m.; 4 p.m., as Les Hong/Tak Shing.

China, People's Republie, 8,30

a.m.; 6 p.m.. train via Cantan. Searchlight

Counsel said that pleadings On Launch

were filed very late and the Intervenor had had difficulty in getting hold of documents and

Kwok

26, Kam-fúk, consequently he (Mr Bernacchi) master of the motor launch

to make certain would apply

Luen Wo, was charged be amendments to the claim and defence of the intervenor.

fore Mr W. Sprague at the His Lordship: It seems to me Marine Court this morning that you are not quite in order with using a searchlight he was His Lordship said that de- not able to leave the city. Buting to the Admiralty Rules.

to appear, Mr Bernacchi, accord- without the permission of was responsible.

had since succeeded In Mr Bertucchi repiled that the the Director of Marine. coming back to make a clean whole matter had been thrash- Sub-Inspector Kong Sai-lun breast of his offence,

p.m. yester- ed out before Mr Justice Gould said that at 0.40

•Arst article Insp. Roberts said that all the in a case in which he (Counsel) day defendant was seen to use a was denounced and in money had been repaid to the appearet for the owners of a

starchlight several times near as stated in the licence

such a а сабе опе must be very firm.

vessel where certain persons buoy A10. He was observed by was reduced to 14 but the nuin-

careful D$ to what was

Mr C. Y. Kwan who pleaded had sought to come in as plain- Police launch for sometime ber of life jackets required was denounced. Defendant should gulity on behalf of defendant tiffs. Ctunsel insisted that they before he was arrested. not altered.

have been very careful to check

esk | roid defendant now threw him- could only appear as intervenot. Defendant said he used the Holding that it was a techni-all the facts and cheek them self to the mercy of the Court Eventually, his Lordship so heldiight only in an emergency and cal offence, Mr Sprague advised nyer and over again that one

and Counsel felt that leniency and he directed that they should that at the time someone in defendant to have his. Hecnee was telling the truth, and evch in this case should be shown. file an amdavit.

He shouted to him. straightened out,

then one still ran a great risk. He asked the Court to take into

His Lordship: With all due agreed with the Magistrate that The Judge said that quite consideration Jus client's youth, respect, Mr Bernacchi, the Ad- it was quite an unusual practice possibly defendant might have the fact that he had made full miralty Rules must apply to

for a motor loanch to carry everlooked the first libel but at restitution

and the courage

this matter.

scarchlight. Defendant further the same time defamation of with which his client gave him Mr Bernacchi: It only applies said that the searchlight was character had been done.

self up to the Police.

to a plaintiff or defendant,

already connected with a JUDGE DISAGREES

battery when he used it. His Lordship: That is not to. Mr Sprague said he believed You should have had an order it was Installed for other pur- of the Court to give you per- poses but becauso

It was

the

Patrol Slays 3 Egyptians

Ismailla, Mar. 10. A British patrol killed three Egyptians in the Tel el Kebir Kortison arca yesterday, Д British military spokesman sald

today.

here

The pátral fired on a group of Egyptians, who sneaked through the perimeter wire sur- rounding the huge British Army ordnance depot.

THE AWARDS

As regards the first libel, his Lordship gave judgment against defendant in the sum of $500, and $750 for the second libel. As he had stated, there was no excuse whatsoever for defendant tu permit the libel of June 18. He took a most serious, view of

They were believed to members of a gang of local thieves, the spokesman said.— { libel, Reuter,

GRAVELY ILL

Japanese Loot Yields Money

receritly

sampan

are

Insp. Jones said that as a re-

He told the accused, Fung Sik-wing, "Reservoirs are low and there are long queues in the street waiting to get water. On arrival at accused's house, Because of the low water pres- he was admitted by accused's sure in Kowloon sometimes no son and accused came down from water reaches the upper storeys. the cockloft of the house.

Every week there are cases of Investigation revealed some disputes over water and here cotton waste in the hut and a you

deliberately letting tin of kerosene. A pair of water run out of a tap to waste." Phoes belonging to the accused. which were still wet and had

of coltan warte sticking to suit of residents on the first floor pieces the cole were also found. of 447 Shanghai Street complain- At this point, Mr Perey Chening to the Police that they had objected to the word "still" be- arguments with the ground floor ing used by Mr Yu and the ob- tenants over the use of water, jection was upheld by the Chief two constables were sent to the Justice, who requested Mr Yu to address yesterday. From the first simply say "wet,"

floor, the constables could see a top of the ground floor running STATEMENTS MADE

to waste. When they reached the Continuing his opening, Mr ground floor they found all the Yu soid that Inspector Chants on and the kitchen flooded

with wate:.

The accused, who took possession of these exhibits was present, was arrested. and at the same time invited accused and his son to go to the Police Station: -

On arrival at the Police Station, they were immediately cautioned by Inspector Chan. Both elected to make a state- ment.

Inspector Chan decided

to arrest accused. As a result of

Britain's Tin Shipments

London, Mor. 19,

Formain, 1 'a.m., sa Wing Bang. Patlippines, 9 a.m., as Ciyioneus.

Malaya, Ceylon, Madagascar,

Maurlilus. East & South Africa, In dia, Pakistan, 2 p.m., sa Uriana.

SUNDAY, MARCH 23 By Air

Formom, 3 p.m., via f.K. Air.. WAYS.

Siam, Malaya, Indonesia, Austra-

in, New Zealand, & p.m., C.P.A.

Dy Burface Philippines, Noon, as Pres, Taft. Macao,. 1, p.m., za Tai Loy.

MONDAY, MARCH 20 By Alr

Formosa, Japan, Noon, via C.AIT. Japan, 6 p.10.... §.0.A.C. Formon, Okinawa,

US.A.. Canada. 6 p.m.. N.W.A.L.

Philippines. N. Barneo, p.m..

(Tonkin only),

C.P.A.

Indo-China, p.m., C.PIA.

Radio Hongkong

IX.T

6. Programme Summary; 0,02,. It's Swing Time: 0.30, Hit Parades (VOA); Timo Benal, World News and News Analysis (London Helay): 7.10.

mission to come in. It does seem first case of its kind he would | back to the Police Station and feed on 'Wednesday Com- Rewew by Bill Philips (Studio); 9.15,

the statement made by accused, Britain has shipped more he was also immediately taken than 60 tons of tin to the Letter from America by Aurale to the Kowloon Hospital, where United States since last Jan-Cooke (Recorded Relay) 1.30. be was examined by the Medical trary, arid à further 8,000 tons Demi-Heure Francalae (Studio); 730, Officer on

duty.

are expected to go before April Weather Report: 8. From the Edi- (Recorded Relay); 8.19, Inter- After examination at the 1. Mr Henry Hopkinson, Over-ude: 0.15, Bhort Recks by Glady's Hospital, accused

8.30. was taken secs Trade Secretary, announ- Ripley Colin Ted nas, Kutty Ray's= Laugh (BUCTS] Bluett and Fred Yule; P, Bporta placed in cell-that day being He told the House of Mr Sprague expressed the sunday,

mons that the speed at which At the Opera-"La fraviata" Act 2 Mr Bernäcchi: Can I formally | wish that the attention of motar On Monday, accused

Britain had wan

had supplied tin under Chorus and Orchestra of the opera hy Verdi, with Principals, Msenbers, apply for it now, my Lord7 launch owners should be drawn formally charged with having the Truman-Churchil

agree House, Bome conducted by Vicenzo His Lordship: You will have to to the fuel. that the IBC of committed arson,

ment on the exchange of saree, Belleza (BCN) T malos a motion.

searchlights

to was restricted

to the charge, metals, reached in Washington by Adrian Seligman: 10.30, Popular craft. Government, naval and military accused made a further state-ast January, had earned Amerirum Music 1, Judie News Reel ment corroborating the Arst can gratitude and admimtion Recorded lolay): 11.10, Goodnight statement which he had, made, Reuter.

Music: 1120, Weather Report: Ond Save The Queen; 11.30,, Clase down.

to me that you are not properly | discharge him with a caution, before the Court:

Mr

DAMAGED ... A

JUKE BOX

London, Mar. 19. The British Minister of State this libel, particularly as regards

Replying to his Lordship, defendant's responsibility. That for Foreign Affairs, Mr Selwyn D'Aken said that he would have did not mean that he did not Lloyd, announced in the Com-raised that paint himself. "I really take a serious view of the first mons today that Britain would cannot understand the position at and second libels. On the third recurve 12 per cert of the sum of all. It would be best to adjourn

awarded £1,250,000 damngesien 300 to alalett

obained to mafce the necessary order." from the sale of loot seized by His Lordship: Otherwise 7.sha!! Earlier, defendant in his ad- the Japanese forces during the have to rule you out of Court,

"} dress to the Court said that since war.

Me Bernscoll, as you would have

Róbert Edwards, 25, assist- May last plaintiff had actually

He was replying to a question no locus standl. been promoted to the position of by Conservative Major Lufton Mr Bernacchi: Tho matter has ant steward of the. Empress of "a manager, which meant that the leader who

askod

whether been done in a great hurry but Australia, was fined $10 by Mr New York, March 20, articles did not affect him in any Britain: would receive a share of I have no authorities with me 05

Oswald Cheung at Kowloon this Former US Scirotory of War, manner. He contended that the the sum. He asked whether the on this matter,

morning, for malicious damage Kenneth Royalls, was reported articles did not in any way refer amount would be added to the His Lordship: You need not to a juke box in the Red Lion `in, 'a' serious. condition

Ito the pled, that all suffered in.

funds from which those wh go looking for authorities in the Inn. Edwards was also ordered Wednesday at New York Hos-

Me Arcuill

Japanese

[to_pay $10 compensation, 15 prison face of these Rules, pital after undergoing an opera-the three articles were defama- campa are to be asalsted. Mr D'Alton remarked that ho Inep, Jones said that the ge- tion, for an abscess in the sinustory and defamatory of hii Me Lloyd said, "The United "Was Zanzious to proceed

with eilsed and a friend had a drink clims. He reviewed the evidence Kingdom still, accaived 12 per aren,

the case a negotiations had at the Irm and then asked the The 57-year-old Mr Royalls and said that the witness called cent of these funds. Considera- been so prolonged, an

cashier for coins to play the was admitted to hospital on Fri- by defendant: stated, that the ilon will be given to the various Mr Justice Recco saif he juke box: When this was re- day for a general check-up-three articles were inter-related clakins, which may be made, was quite prepared to expedite hused, the pecused mnashad n' Associated Press,

hand referred to the same person, I upon. It-France-Presse...

the matter;"

glass paris.

01

In

*nnewer

The trial is proceeding.

Rev A. `D. Stewart Seriously III-

The Rev A. D. Stewart, who way for many years Headmaster of St Paul's Boys' College betoro the war is seriously ill. He is living in Bournemouth where he had a second stroke recently. according to news recolved". În the Colony.

The condition of the Ni Rav N.V. Halward, Assistant Bishop. of. Victoria, BC, who is alro seriously - III, is reported to be Improving.

INTELLIGENCE TEST.

SOLUTION

Set out the data 2

Name

Нота

19

Holiday

I cannot be C, ur. & or B or D So 'mis A

Hience a is D.

Bar Exranih to at Clacton,

London Express Barnice

the

CHECK YOUR KNOWLEDGE Answers

1. The level of the sea's sur face halt-way between high. and low tides, 2. French.. 3. Aricanzon, 4. Trapezium

four-sided plane gute no two sides of which are parallel. Trapezold isu quadrilatéral having two parallel, sidos, -6. The larger of the two bones of the leg, bolzw the, kaze. Us Dickens, A Christmas Carol"

Printed and published by Stewart- ARTHUR GRAY for and on behalf of South China Morning Post Limited at 1-3. Wyndham Street, Chy of Victoris, in the Colony of Hongkong

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