1952-11-06 — Page 10

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JOHN CLARKE'S

CASEBOOK

'Blockade' Protest

Like The By Russia

Old Days

NOTE SENT TO

AMERICA

London, Nov. 5.

strange the house Russia has protested to

Hwould seem, that night, the United States against

to the mother of Thomas.

war

It would seem as it had done in the old days, when her son was in the Royal Air Force. She the had grown used, then, to

absence, used to idea of his

for herself the simple doing chores about the house that he had performed until the took him away from her, The easy chores a mother lets a son is the only perform when he man in the house-seeing to it that the front door is focited at night; stoking up the fire; axing burned-out fuses.

Now, Thomas was away again Ho ja a dark-haired, dark- eyed, pale man, in his middle- thirties. Steady, his mother would tell you; for he went to the RAF from blu job as a packer, and

four years as an Aircraftman Class One did not turn hia head; he returned to his old firm, his old job, when he put off his uniform.

When he left that job, it was to better himself financially, and he took another as a bottler at LO 129. a week.

1477

the "establishment of American blockade round the Korean coast," Moscow Radio announced tonight.

17-

The Soviet noto said that ac- cording to the American Press on September 27, it was nounced that the United States had formed Navy Department a so-called naval defence zone Korean round the

Peninsula, Moscow Radio sald.

This zone included Korean territorial waters and a con- siderable expanse of the high

be under thot sen. It would jurisdiction DI the United Command in the States Naval

Far East, and any shipping entering the zone, regardless of the country it came from, would be subject to search.,

AGGRESSION ACT "As is known,

in connection' with the establishment of a "round" the -naval blockade

Korean coastline in July 1950 by the United States

Govern- ment, the Government the of the USSR in its note of July 6, 1950, to the United Government,

States pointed out that

AND now there was, fur of the establishment of such

mother a short period

in

unease. The war-restlessness Thomas had seemed to have escaped, caught up with him, and spun him temporarily its whirlpool. He was seized with a sudden tonging to be- Iegalna notion come an ACI

have his service

self would Ecorned as unthinkable.

But Thomas found he could not get back into the Ale Force.. A foot injury disqualified him. He shrugged and settled down again as a civillası

Не became 1 driver's mate ou n delivery van. It was his job to hop out of the van the goods to his and deliver firm's customers, to receive their payment for them, and to bank the proceeds the sama wblch- day or next morning, ever was the more convenient.

ONE

NE Friday evening, recently, after the banks were closed, he found himself with £18 of the firm's money in his pocket, He decided, instead of letting lie idle over the the money week-end (he did not work on Saturdays), to use it to

help to lay the foundations himself of a fortune.-Ho-took it to a dog- track and he lost the 101

On the Monday, ho told his Arm he had lost the money while on a bus, inferring it had been stolen from him. They gave him the benefit of the doubt, had him repeat his story to the police, and told him the must repay the loss from his wages of £6, at the rate of £1 a week.

2

blockade is an act of aggression and stated that this blockade

is just as incompatible with the principles of the United Nations the entire urmed inter- vention of the United States in Korea" Moscow Radio quated the 'note as saying.

The establishment of Che Naval defence zone is actually extension of the illegally introduced blockade of the Korean coast" the note said.

на

to

"This testifies once more the fact that the United States government is not only striving for the termination of the war in Korea, but is following the road of new threats of aggres sion,"

CHINA MAIL

Established 1845

THURSDAY, NOVEMBER 6, 1952.

HK Meets Pakistan In London

Nursing students Mrs Sharif of Pakistan and Mrs Poon Siu-ho of Hongkong, exchange traditional greet. ings at a party held in London recently to arrange the forthcoming Red Cross Ball. They are in Britain on a scholarship grant from the Red Cross-London Express Photo.

.

MT DAVIS MURDER TRIAL

The Mount Davis murder trial reached its concluding stages before Mr Justice Wicks and a "of five men and two Jury women at the Criminal Sessions this morning when closing ad- dresses were made by Counsel for the Prosecution and for the

of

triar

are two brothers.

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WATCH FOR

SNORKEL

Murder Charge Against Gallagher Withdrawn

JURY ADDRESSED ON MANSLAUGHTER

When the trial of Rifleman William Eugene Gallagher,. 19, of the Royal Ulster Rifles, accused of the murder of Tsoi Kwai in the New Territories on the night of July 29, was resumed at the Criminal Sessions this morning, Mr W. A. Blair-Kerr, Crown Counsel, said that he had been instructed that the Crown did not propose on this indictment to invite the Jury to return a verdict on murder.

Mr Justice Williams, Senior Puisne Judge, before whom the trial is being heard, then informed the all-male Jury that they would now re- ceive addresses from Counsel which would be directed to manslaughter. "The Crown say that it would be wrong for them to ask you to return a verdict on murder. You are now really concerned with manslaughter," added his Lordship.

!

that

In his address to the Jury, which occupied a little over an hour, the Hon Leo d'Almada, QC, leading Counsel for the Defence, said that needless to say he welcomed the statement made by Crown Counsel but he personally would have preferred it if Crown Counsel had announced to the effect that he would invite the Jury to return a verdict of not guilty of murdor. It was now crystal clear that there was no evidence to support a charge of murder.

The whole matter was in the

Mr d'Almada said that there Mr d'Almada said that

the

Crux hands of the Jury, he said, and was

of the whole was no doubt that the regula- there was

shred not a

before the of matter

Court tlong had been frequently and added that what evidence in the whole of the and

the quite blatantly ignored. tho

should have said from which

Jury accused

A man carrying an unloaded concen- could even conceivably belteve was that he had every reason to rifle, he said, did not that when Gallagher pointed believe that the gun was not trate on orders when they were the rifle at that man he belonded, lieved the gun to be loaded.

case

cast

Counsel said that to point a

·

Judge Points Out Inaccuracy

Before the Gallagher Murder

morning.

this

Mr

Trial resumed at the Criminal Scasions Justice Williams called the at- tion of the Jury to the ing. paragraph which with reference to the evidence accused: "Ho agreed

in the China Mall yesterday of the

with the question put to him by

Mr Justice Williams that how- ever important a regulation, if

it was read to one continued

ona. got to

until one became sick and of hearing it, then the stogo where it meant

His Lordship sald

thing."

110-

that that. was absolutely inaccurate, The

put by him to the referred to the view of the accused himself and to no other person. accused felt were

It was how the when regulations and read to him time

any person

again and not how in general felt.

the

tho

Bir Justice Williams said that the context of the report was correct but was wrongly inters read to kim over and over preted in the lead. "I hope that again because the regulations that will be corrected and given

same prominence Es Inaccuracy has already been "You are not here to avenge gun at a person was an unlaw dealt with a loaded weapon. the death of this unfortunate ful act, but in the circumstances

said he would given," he added.' Mr d'Almada

the of this case things were entirely ask

apologise for giving any consider man," said Counsel. "You are

the ordinary whether, from are not here

to consider such different

Gallagher offence or creating a false im- of affairs. Here were a matters as whether or not any state

The paragraph him, he should have known orings. body will pay compensation to number of ventries, part of heard the regulations read to pression of the court proceed-

widow and her the

duties were clear three whose

10 paused

ascertain whether unfortunate paraphrase of a orphaned children. That is loiterers. There was nothing to

there

was any ammunition In question put by Mr Justice Williams, and written under matter for the proper authorities show...any powers of arrest in

the stress of time-Ed., China

ما

Jury because

10

by enquiry at the local omerand: I. have no doubt but that the orders, nod, ho suggested to his ric-D

The latest porting Limmen for registered articles are generally one hour earlier than the tinies shown below. Particnlara zegard- ing parcel malty can be aster- talmed by enquiry at any posi

on to.

THURSDAY, NOVEMBER S.

By Air

Vietnam.

Defence Chung Wah, 26, former ratlan "The Soviet government does licensed motor driver. Both are worker, and Chung Wing, 36, no! recognise as lawful the

accused of the murder of Chung establishment by the United

led Wing's wife, Ho Ying, 28, in, a States government of the 50- hut at Mount Davis on the night called Naval Defence Zone

of July S1-August 1 last. arcund Korea, and places upon The Prosecution was conduct-C.F.A. the United States Governmented by Mr G.R. Sneath, Crown all responsibility for the

con- Counsel, with Det. Sub-Insp.Q.E. A. sequences of this new aggres- W.B. Scragg, officer-in-charge of Investigations, present. First accused was represented by Mr o.v.

Cheung. instructed by Mr F.I. Zimmern, and second

by Mr

Charles E.

-by- QC,--instructed.

Mr

Mr Sneath this morning ask- ed for a conviction ngalust both accused, while Mr Cheung

sive ael and for such losses as

may be incurred by the interests of the Soviet Union" the note

stated. Reuter.

The Outlook

Lam

5. pm

Golden

proper care will be taken of this poor woman and her child-

the Jury that in the circum- stances it was perfectly proper

The fact that he believed it Mall,

ren by the proper quarters. for a sentry to point an unload-was an unloaded rife cannot be

"However much your sym- pathies may be for the Heccased

ed rifle at a loiterer to get him challenged," declared Counsel, Fined For

to.move off.

a

move

Coun-

Not

was an

Leaving Ship

who went on to deal with the accused's condition immediately Ho was and his family I am sure you Mr d'Almada asked the Jury after the incident. will not forget the sympathy to Imagine for themselves, for dazed, hysterical and went down Indo-China, France, French North and regret, which Gallagher tristance Rifleman Hunt, #oing on his knees in prayer. and West Africa, 4.30

Phimself feels over this unfert- to his guard commander and one witness had suggested that was putting on an

Pleading guilty to wilfully or loiterer had Gallagher telling him that Philippines, N. Borneo. 4.30 p.nunate facident."

Mr d'Almada said that the refused to

away. The act.

negligently remaining in the Australia, New Zealand. 4.30 pm..

the Colony after the departure of his the From

whole of Jury were not concerned with guard commander, said Japan.

Canada, USA. whether Gallagher was guilty of sel; would probably reply and, evidence, could the Jury say ship, the ss Busen Stor, Robert C.P.A.L.

neglect of duty on that par- without giving Hunt even the that Gallagher was reckices or Grenville Thomas, 32, engineer, By Batface

tillo of Rifleman, thoughtless. In all the circum-Was Oned $200 by Mr T. B. Low Macao, 2an. 4 pin..

ticular day at Tau Pass am- courtesy City/Tak Shing

munition dump. Gallagher, he "blankety, blank, blank, blank, stances, said Counsel, his con- at the Marine Court this morn- Indo-China, 3 p.m. se Elbeth,

duct did not show reckless, ing.

"Defendant, the 5th engineer callous indifference to the con FRIDAY, NOVEMBER 7

of the vessel, reported Counsel submitted that for a sequences of his act. By Air-

ship's agents-after-the Busen- Formona, Japan, 1 pm, via CAT

The term "trigger happy" Star left the Colony at 1 pm. Formosa, Okinawa, U.3.A. (Scatule

one, could not be applied to the yesterday, sold Sub-Inspector J and Western States), Canada, 4,30 p.m., H.KA/NWAL,

Malaya, Indonesia, Australla, New

B.O.A.C

Makes Good pleaded on bellif of first ac-Zealand. Ceylon, Middle East, & pan guard mounting in this Colony.

Reading

The Outlook for November, like is former issues, is an am THE next day Thomas, on his bitious attempt

to say a great limited space delivery round, took £38 many things in a

of 40 pages, and it has done so on his firm's behalf, and that evening he went to the dog-

remarkably well.

quality stone, A

tone, though rough- racing again and lost it all

He did not report for work

by hew

hewn, it nevertheless reflects

myrladne next day; but what he did

aspects of thought, do local and world-wide, cultural, Aves to go to the police and cam- plain that again he had been sacial, educational and political.

the

cused for verdict of man- slaughter and Mr Loseby asked for acquittal of his client.

Japan, 6 pm.. B.0.A.C. Philippines, Guam, Hawaii, USA, p.m. P.AL

By Surface Macao, 9 am, 4 pm. » Golden tak hing Chuna. People's Republic, 8.30 a.m., train via Canten.

Malaya, Aden, Middle East, France, Great Britain, Europe, 10 am, Akagi Maru.

Hawail. U.S.. Central and South

America. 18 a.m., sr Pres. Cleveland.

It was alleged by Lite Pro- secution that the deceased was strangled to death, placed in a sack and buried in a hole in the hillside the hut. above

There were no eyewitnesses to the crime and the two accused were arrested in the hut in the early hours

1. of August Giving evidence in his own he fought with the woman who defence, first accused claimed

had provoked him anti had seized her with one hand by the throat after which he found her dead. He became frighten- ed and decided to bury the body. He claimed the death · was accidental and that no-

From the sports field to the robbed of the £36. He WIB interviewed by the same woman Club to Persia, from Leonardo concert hall, from the Stage detective-sergeant as

as had Laken

(local his statement about his earlier da Vinci to Lee Bing

artist) the magazine contrives to look inside each event and problem. Nor Government's apparent intention does it ignore

body else was present but him- to spend more money on Higher self and the woman during the Education

Mr Loseby did not coll on the second accused to give evi- dence. He had carter

"loss." She told him bluntly she aldn't believe his story. He can fessed then, and next morning at Great Marlborough Street, pleaded guilty to embezzling

the money.

"HOW

[ow long have you fre

quented dog tracks?" Mr

Paul Bennett, Ve, the magis

trate, asked him.

The stories, though readable and pleasing. sacrifice artistic value

for a thick splash of moral colour. "The

Stage In a chance Hongkong" provides for people state views

of the dewa

scria!

highly interesting

other than those

"For a very, very long time, paper critics, and the Thomas answered, and there "Marriage Ceremonies. of Old was sudden animation in him, 1 China" great fervour in his voice. You could see he would have liked The music article provides

to explain just how he lost the money, the miserable accidents in 'form.' He did not want to

·Betim to be an amateur.

"It seems completely to have destroyed honesty," "You four months"

6

your Mr Bennett

and Informative.

made

Indo-China, 20 am, as North Star.

On Scientific Mission

Mr d'Almada said that it did not follow that because the

anunloaded

in

to the

said, believed that that rifle was blank." not loaded despite the fact that the regulations indicated that a sentry who went on duty in sentry to point

should be gun at a loiterer was a lawful such circumstances ate to fire when necessary. The act and not an unlawful

Campbell. He was reported. Jury were not there to Inves- but the Jury would take the accused

missing from the ship on Mon tigate the laxity or otherwise of Judge's direction on that point.

In conclusion, Mr -d'Almada

day after he had been sent QUESTION OF INTENT quoted Lord Sankey the ashore last Saturday for medical

famous Woolmington murder treatment. Thomas Mr d'Almada said that an-trial in the House of Lords to

said that he planne Crown had invited the Jury not other necessary ingredient was the effect that throughout the to resign when

the shfa to retum a verdict on the murder Intent, namely, a callous in- webb of justice there was one arrived at Singapore but WOS charge and persisted in man difference to

that the consequences golden. thread and that therefore

was prevented from doing 50. slaughter

that he had already that the onus was on the pro-added Crown must be right in that of the act must be found.

The Jury had to rule out of secution to prove its case, recured other employment in respect.

their minds any thought that

I the Colony, The hearing is proceeding. they had to take into cons.

considera- tion when they came to judge SIDE GLANCES whether

the accused WAS

not

gulity gulity

the

CURIOUS REMARK

the

T

Counsel said that in his open- Ing, Mr Blair-Kerr had made a gull most curious remark to the fact that the deceased died effect that, by. reason of the as the consequence of the act. fact that

Rifleman Hunt Mr. d'Almada said that the examined the rifle the accused next factor was the gun To knew It WIS

loaded. Mr

Mr say that a man, because he used d'Almada said that there was a gun, Was guilty of man- not the least justification for slaughter, would be utterly an inference of that kind in wrong.

Bunt

the

Counsel said that it was a An American missionary and this case because the Jury had formerly a British military ad- heard from the accused sad commentary on modern ministrator in Burma, who has himself

and

145 | civilisation to say that it was that Was

any difficult to conceive any person worked for many years arong there the head-hunting "Wa"!

ride in the who did not know what a gun . tribe, examining of the

who presence of the accused. The was. For a pygmy from wns among passengera arrived here this morning from examination took place outalde heart of central Africa a gun an unsuccessful plea of no case San Francisco in the sa Presl the hut two hours

before would be entirely strange to to answer and salt he stood by dent Cleveland.

Gallagher was due to go on his his submissions.

him tour of duty.

Ho mid the Jury was to con- Mr Justice Wicks will sum up

Mr d'Almada, sald that it this afternoon,

would be a bold man who would rider the state of mind of the attempt to give any Jury a pre-accused with regard to the in-

strument self. ciso, deßnition of manslaughter. No statutory definition had been. attempted and it had been left to Judges in each case to cope humrith the situation, In murder

Accompanied by his wife and 18-year-old son, Mr Harold Young is en route to Bangkok and Burma on a scientifle mission this time for a number of museums in New York-to col lect zoological specimens the ex- Studio Melodies hibition purposes. Erla Robinson and his Orchestra

Radio Hongkong

H.K.T.

4.30, London

"

the right stimulus. It сп courages, and if faulis are pointed out, they are done kind-

with Diana Coupland and. Ronald Born in the Wa States, where ly with a soft-pedalling note-chemey (BBC13) 7, Time Signal, he had lived and worked among frene.

World News and News Talk (Lon the head hunters, Ma Young. is don Relay); 7,15, Concert Waltzes;

data to 7.30, strictly off the Record-Recent also gathering more

book on tribal inwa,

customs of the.

must go to prison COUPLE STAY For Releases; 7.69, Weather Rewrite

$

of

said.

TOO LONG

port: 8. London Bludio Concert-

with Jor

nc Northern Orchestra conducted legends and by John Hopkins (BBCTS); 10, aborigines in Burma. Take it from her

Assisting him on this mission Nichols, Dick Benley and Jimmy is his son, Bil. Edwards (DBCT8); Sports Re- The Youngs will fly to Bang

"We have At the Opera"Die Entfahrung Aus kok on Saturday,

view by Brig Young (Studio); 215.

Dem Berall" (Ki Seraglio) · (Mozart) teen In Hongkong on and off

I ne do many,

Vienna Philharmonie Órch, cond. by

facts and clusions

Mir d'Almada said that it was not doubted that the Battalion returning from Koren in 1951 carried out, whether good, bad the practice for or manslaughter, or indifferent,

men mounting for sentry duty the Jury must examine the to carry unloaded rifles. Veterans

con- draw their

Mh of that war looked on: Hong- to the state of mind cong as something cushy" and of the nocused person at the that loading a rifle was so much time of committing the offence. waste of time. These men could Mr d'Almada maid that mem- cope with any situation with- bers of the Jury might have out ammunition being necessaty, seen a gun pointed at a person he said. and it was an position for the person pointed uncomfortable

IMPORTANT MATTER

That no one went through the He said that the incident routine of

examining A ride such

the guard

THOMAS went off, with the

For overstaying their granted sparkle still in his eyes that duration in the Colony, Mr and mention of his hobby hat Mrs Masseur, of 592, The Peak, lighted there, At Pentonvillo, in

were Ained $100

Act 3. with Principals and Chorus before..but cach by Mr His cell, that night he would, I Poon Yan-hol at Central today.

of the Vienna Blato Oper with the changes now," Mr Young ro occurred on July 20 and the as was the duty of the am sure, dream of the riches

Sub-Insp

Robertson, pro- Josef Kriper 343, Arlini Master marked on disembarking at accused was charged on August commander which, according to the dogs might have" "brought

ught socuting, said that the defen-

In the fortnight that had the

sulations upon the change donts arrived from Djakarta

claprod there. nothing to

WAS suggest that the accused had hard to do so, was a fact of extreme significant he added. intended to change a single It was a matter of great Ira INTELLIGENCE TEST. "OLUTION | word in the statement that he portance with regard to guns

him.

hot night, earlier this year, and had been But for his mother that would seem strange and long given permission to · stay (111 and lonely; it would be like October 25. They were then

the old days of

the war-the given police to leave on the as

thairiwangi old days stripped of

on November 2, an order which was ignored.

patriotic glory..

and

pieces *** bickane" "The Pickwice Kowloon Whart Papers A-Talk by. J. B. Priestley (BBCTS);. 10., Mixte of, the Twen« tloth Century: 10.30, Bouibarn. Berenade with: Stanley Black His Orchestra. Biyana Calis (Vocal): 19.50, Weather Report) 11, Tadio 2iew Feel (Rscarded London. Xəs 1); 11.15, Goodnight Music, God Save The Queen; 1130, Close Doạn.

"The letters of Bophie's sentence rearranged read

SMART MOODS 000M. TRANE,

London Samrast, žarnicu

10,

that

made to the Police in Answer when loaded there was inspection to the charge that what he did and when not loaded there was was to scare the man as a lark no:Inspection

By Galbraith

"George always blurts out the truth-ho really didn't maan any harm when he said the baby looks like its father!"!

Printed and published by WILLIASE ALICK. GENHAM, for. and on behalf of South China Morning Port-Limites at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkongan

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