1953-06-16 — Page 1

Page

CORRECT on all occasions.

VULCAIN

SWISS

MADE

COMMENT OF

།

CHINA

No. 35537

Established 1845

TUESDAY, JUNE 16, 1953.

Today's Weather: Moderate East"winds, partly cloudy wlik fow showers at first.

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OM SOLDIERS LOSE APPEAL

THE DAY

University's

Future

NY feelings

A complacency

of

regarding

the future of the Hongkong University which might

have existed in the minds of the public were removed yesterday by Sir Alexander Grantham's address at the Congregation. Indeed, the financial outlook is nothing Тенн then bleak. The University's present

resources are in no way sufficient to meet the urgent demands for expansion both in the way of now buildinga and additional staff. And the inescapable Inference behind the speeches of Hia Excellency The Governor and Dr Ride the Vice Chancellor was that unless the University fulla A programme of expansion involving an estimated out- Jay of $16 millions it will be in danger of forfeiting

10,000 Communist Troops

Spearhead Korea Drive.

Seoul, June 10.

At least 10,000 Communista are spearheading a drive aimed at cutting off Allied troops with their backs to the Pukhan River on the Korean Central Front, an Army officer here said tonight.

A pilot returning from reconnaissance said the roads behind the East Central Front were jammed with Communist lorries, packed bumper to bumper,

Allied observers described this as the most critical attack for two years.

General Chung 'I Kwon, South Korean Corps Com- mander, said the Chinese were attempting to beat the Korean"). Army and drive them back to the 38th Parallel, and to cap- fure the wachan Reservoir with its valuable hydro-electrio plani, 70 miles north-east of Seoul.—Reuter.

Dulles

Cautious About Prospects

Truce

Washington, June 15.

significance He gave added

One of the purposes of

The United States Secretary of State, Mr John its status, The very broad Foster Dulles, said today that an armistico is by no birt that the British

means assured in the Korean war. Medical Council mighti refuse to recognise Hong!

Mr Dulles warned reporters at the first press con- kung University degrees is feronce he has held since May 9 that no one had the right disconcerting. But it can to assume that there will be an armistice until there is an also provide the incentive armistice. for The Colony to make certain that its University to this measures up to; required standards. It has now been established beyond argu ment that the University, if it is to survive as a recog- nised institution of higher learning, must be provided with greater and better facilities.

the

Court Upholds Verdict By Jury

MURDER TRIAL SEQUEL

Declaring that they were of the opinion that they could not hold the verdict to be unreasonable and that they were also of the opinion that there was evidence to support the verdict, the Full Court of Appeal, comprising the Chief Justice, Sir Gerard Howe, and the Puisne Judge, Mr Justice C. W. Reece this morning dismissed an appeal by two British soldiers against their conviction of murder} by a Jury on May 1 last.

The Full Court was also of the opinion that there was evidence to go to the Jury and there was no misdirection to which objection had been taken in the summing up of the Trial Judge and the evidence was fairly and patiently put to the Jury.

Was

It might be that they did not in Dulles said that under /cember 23 last year. [ibo-set aside on the ground of`o

1. might

the

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Prisoner

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General Dean (right), former commander of the United States 24th Division in Korea, in his North Korean home where he is a prisoner of the Communiste. He is mid to be living in captivity in a two-roomed house, exercises vigorously every day, and writes many, letters home-London Express.

Appollants were L/Cpl George Robert Douth- waite, 24, of Swainton, Scarborough, and Trooper statement by pointing United States would be to en-tached to HQ 35 Infantry Brigade, New Territories.

the Douglas Derrick Dalton, 19, of Southampton, both at out later that the new Com-dravour at ls conference to munist offensive In The war ensure the unilleation of Korda, compleated drawing the line of he added.

They were found guilty by o (2) On an appeal against con- milltary

demarcation which

He said he believed that the Jury of six men and a woman of Viction and, subject to the pro- must be done before the unification of Korea Would the murder of a 33-year-old visions of subiection (5) and armistice

married woman, Ho Sze-mui, an | section 63, the Full Court chali can agreement

be come about. signed.

Mr Dulles added that he was amah employed by NAAFI, and allow the appeal if it thinks that might greater believer in the unifica- sentenced to death by the Trial the verdict of the Jury should be Mr Dulles said there

sot aside on the ground that it is be many reasons for the Com-tton not only of Korea but also Judge, Mr Justice. T. J. Gould.

unreasonable The body of the woman He

or cannot be sup- munist. offensive. It be of Germany and Austria.

might suld he believed all three would found in a ditch off the motor evidence, or that the judgment of ported having regard to the on attempt to shift

before INADEQUACY of staff has immediately

the cone about by appropriate poli- road leading from the Fanting

the Beal methods and proper handl Cross Road to Sek Kong on Do the ant before whom been, ever since the war, armistice for, prestige reasons.

appellant was convicted should principal ̈ ̈ ̈ handleap,

an armistice. want

The case for the Crown was wrong decision of any question Manifestly, if the University delay au armistice but he did Truman administration it had that the Crime took place on of low, or that on any ground is to retain its rightful not anticipate that it would been contemplated that the poll- the evening of December 193

19 there Was D mitcarriage of tient conference would be con- when the appellants, on bicycles, Justice, and in any other position this shortcoming lead to any permanent delay.

Aned to the subject of

Korea has to be dealt with. It in Mr Dulles said that the only

Intercepted the deceased woman, shail dismiss the appeal: Pro- was not con- imperative that the students Important obstacle now left to alone but that

clusive for the Eisenhower ad- passenger on another bleyele vided that the Full Court may the drawing ministration.

and ufler allegedly driving off notwithsinnding that it is at the Hongkong University on armistice was are provided with every line.

He was then asked whether he the taxicyclist attacked her with opinion that the point raised in normal means of taking the fuctuating under the impact thought the war in Indo-China a pair of handcuffs causing head the appeal might be decided in she died favour of the appellant, dismiss bost possible degrees battle and

would come up at the political wounds from which this represented a conter.net

three days later.

the appeal if it considers that no whether in medicine and very

A riot at New Mexico State prison ended today real problem to those

that the substantial ratscarriage of justice after Homer Gossett, life term convict, reported to The Defence was said that it conceivably surgery, the applied who were attempting to defne could but that there had been appellants never met the woman'

has actually occurred. sciences or in arts, The the line.

no agreed agenda.

and could not have been at the extraordinary lov

Mr Dulles was asked whether per-

scene of the crime at that time, centage of graduates who his hopes of a truce in Korea

Appellants showed no emotion have succeeded in taking had been discouraged by the

when the decision of the Court honoura degrees clearly new offensive.

was delivered.

heavy

of the demarcation line. This

be cald, was

now

of

He

THE JUDGMENT

0780

of

Prison

Death

Riot Ends With Of 2 Convicts

Santa Fe, New Mexico, June 15.

Prisoners at the prison took The

War- wero

prisoners demanded R

Tel. 21433.

Dramatic New Move To Free Rosenbergs

Washington, June 15. The Supreme Court today denied a stay of execution to the atomic spies, Julius and Ethel Rosenberg.

Then just as the court was about to recess for the summer, a defence lawyer stepped for- ward dramatically and madu one more desperate manoeuvro to save the doomed couple.

Minutes after the tribunal denied the stay and refused for tha

fourth ime to review the

cose, associate defence lawyer John F. Finerty got up in the court room and pleaded with the court to issue a writ of habeas corpus.

Chief

Justice Frod M. Vinson

that the promised court will give "prompt conal- deration" to the new move and curtly told Finerty to withdraw. Finerty's move-like almost countless legal manoeuvrGO- I was aimed at stalling the execu- tion now set for Thursday night. In New York, meanwhile, Federal district Judge Irving

Kaufman denied a writ habeas corpus

to produce the. condemned couple in court and denied a stay of execution for them.

Chief defence lawyer Emanuel Bloch said he would approach the justices of the Supreme Court this afternoon in another effort to got a slay of execution. If this and the petition, for a wril

Will Hear Plea

Washington, Jane 16. Justice William Douglas of the Valted Blates

Court Supreme

tonight agreed to consider A pica that he should lasuo a Blay of execution for the con- demned alom

duo

sples, Jallus and Ethel Rosenberg, to be executed on Thurs day.-Reuter.

of habeas corpus fuil, he zaki, the condemned couple again will osk President Elsenhower" for executive clemency.

Time was running out rapidly on the Rosenbergs. They are scheduled to die in the Sing Sing electric chair at 11 pal, EDT ·

wedding Thursday their 14th

anniversary.

Bloch said he planned to see" "as many Supreme Court justices as they will hear us" this after- noon. He said he plans to go to Sing Sing Prison tomorrow to get the Rosenbergs' signatures on a petition for executive clemency,

If he nies the petition, he said,

hearing before

President,"

the

(3) The Full Court may, it be the leader, was shot dead. NO ACTION TAKEN

it allows an appeal against Gossett and another convict were reported shot as Mr Dulles recalled that at the

conviction, quash the conviction, time of the visit of the outgoing

and either-direct-a-judgment state police and guards smashed their way into the prison and verdlet of acquittal to be hospital, held by the rioters since early morning. French Premier, M. Rene Mayer,

entered or order a new trial." He replied no-he still had to Washington it had then been Illustrates this point. That high hopes but he did not at stated

It will be seen therefore that that financial

a truce in Korca commit-tempt to allow his judgment toweleased Communist forces for by Mr Justlee Reece stati

would

on i question of fact alone or a as hostages the Deputy Warden talk with Governor Mechem and he will "demand" an "open and be a fraud if it merely The judgment which was read question of mixed law and fact and nine guards. ments are required to cor- be swayed by guesses.

a press spokesman.

full the rect

situation IN.

this Court shall allow the

Me Morris Abram, the appeal about the political netlan elsewhere. Questioned

George Itobert Douthwaite ! i thinks that the verdict of den, said the prisoners

Mr Abram told the convicis

Bloch shid

ho particularly at this time, conference to be held within 90

intends to Mr Dulles was questioned and Douglas Derrick Dalton the Jury is "unreasonable

could or demanding the dismissal of Mr they

not Mr Dulles about Press reports that the were found guilty by

the "expose to him and through him expect Jury

Tabash, of cannot be supported having re- Ralph

ihe

to United States was considering the murder of a woman Ho Szegard to the evidence."

talk Deputy Governor

to of the alternative-loss of said it was

them to the public all the facts Warden.

through a barred window. He which up to now haya

been the University's status is Soviet Union might be repro- requesting the recall of Dr Yang mul.. The grounds of appeal

(ARGUED FORCIBLY

Reinforcements to the prison said if they lald unthinkable.

down their successfully shielded from the The

1oo Chun, the South Korean were the same in each case, viz. : Colony sented at these talks.

Counsel for the applicants guards were called for.

weapons and talked "ilke men" public attention." He said the United Nations Ambassador in Washington, be- owes it to itself to see that

1The verdict of the Jury

Would Beo cause of critical statements on

Mr Abram said the convicts Governor, Mechem

Но General Assembly was ready to the University develops in

was unreasonable or cannot be argued forcibly before us that be called backt on the con- United States policy in the truce supported, having regard to the there was no evidence upon were armed with butcher's axes them. the mannor

necessary, cusion an armistico and negotiations.

a Jury might safely and knives. evidence. Public funds will probably would designate

and made an exhaustive Adr Adwin Mechem, have to be tapped, but if | R.

unfortunate. Yet acceptance | days of the ample that the

of

members for

Mr Dulles sald he knew of ro steps being taken to have the this be so, they must not He said the Republic of Ambassador recalled and nanu be denied.

Koren would take part.

were contemplated.-Reuter,

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2.-The verdict of the Jury was against the weight of the

at the

evidence.

3.The Judge wrongly admitted certain state- ments and answers to questions made by the appellant prior to his being cautioned.

so here there was no submission notorious

the close of

a

A

գայլը

There's a lot about a

said the Rosenberg children -10-year-old Michael and six- State police quickly mustered year-old Robert-most prob- thebt the prison with tear gas, riolably" will visit their parents at special reliance upon the case of arrived at the prison soon after Reuter.

of the facts, placing Governor of New Mexico, who guns

Sing Sing tomorrow. Unitel sub-machineguns.—}

Press. Wallace

(23 Criminal Appeal the riot began, sald he was told Reports p.32). As in that case, Homer Lee Gossett, a prisoner escape attempts for the the case

was a leader of the uprising, Crown that there was no case The 69-year-old stone walled to go to the Jury, and here also prison was the scene of a 20- At the hearing before this Counsel expla

explained the reasons hour rlot less than boven Court the third ground was not for which no such submission months ago when 14 prisoners argued by either Counsel and

way made, Here 100 the seized eight guards. the applications proceeded on evidence was summed up by the Durban, June 15,

the first two grounds only, I learned Trial Judge with

MURDERED GUARD Every fire brigade in Durban respect of each applicant plete fairness and accuracy, so and the surrounding area was

Gossett was sentenced, threa The applicants were separately that it would not have been months ago called out today in fight a fire

If the result. had

to life imprison- been In the British

ment for the hurder of a prison Court, and it la and before this

hat was one of difficulty, but we are, June important to mention now that

1052. He was already

DISASTROUS

* DURBAN FIRE

*

*

*

coni-

Wool Commis. {represented both at the trial risles. Here too the case) guard in an escape attempt in

slon's sea store at Maydon wharf horo.

miles away.

to the Jury and a bución however grave" or RIK

11 no submission was made on be however, of the opinion that at serving a life scatence at the The blaze could be seen half of either applicant at the the close of the CASC for the time.

there The fire was spreading trom close of the case for the Prosecu- Prosecution

Was case to

A A ease) the store which covers six tion that there was no case to

beyond acres, to a timber yard and fer- go to the Jury, nor did her applicant give evidence on his It is feared the Wool Com-own behalf; in fact, no evidence mission's building, housing wool, at all was called by the Defence. hemp and hides, will be a total lons.

liser store,

Two fire-fighting tugs were landing by tonight.-Reuter.

Strike By Air

France Workers

Communist and

COURT'S POWERS

Mr Abram said the rioters demanded that Mr Tahash-and

guards bo dismissed be cause they were "loo_tough." -

They promised that none of

as the rioters were not; he said.

the

however the hostages would be hurt if

well here to It is principles which must this Court in

In cases such these. These are plainly The powers of the Full Court the case of Frederick James in Section 82 of Hopkins-Husson (34 Criminal 5ct out the Criminal Procedure Code,

arc

Cap. 221, which is as follows:

pirt in

Appeal Reports p49) in which

called

MARTY GIVEN A DIVORCE

.1

12. (1) A person convicted the judgment contains the fel- on indictment may appeal to lowing passage:

"With regard to the other six the Full Court (a) against his conviction on any ground of cases, the Jury found a verdict

Paris, June 15. and appeal which involves a ques-at not gulity in five of them,

The Communist Party ap Paris, June 15. tion of law alone: (b) against ned allo ste, boy, theyparently wrecked the 30-year

Simpson, they marriage

of Andre Marty, non- his conviction, with the Comununist trade unions tonight of the Full Court or upon the fair and right to say that the leader, when it expelled him for

found the appellant gulity. It is

former French Communist Party called about. 10,000 flying and certificate of the Judge who fair ground staff of Air France to tried him that it is a fit. caso lamed Judre, said in temeviation last year. strike from midnight in protest for appeal, on any ground of that he was surprised at the

himself would A Paris.civil court granted against the airling's oporating appeal which involves a ques verdict, and ho methods.

tion of fact alone, or a question obviously have

but it is

wife, Raymondu, 89, on, the Union of Merchant Aviation other ground which appears to also tight to say that from a grounds that they could no sald no wago demands were the Full Court or to the Judge very early period in the history longer live together because of being pressed now. But objec- who tried him to be a sunldent of this Court it has been laid "political arguments,"

Reymondo remained loyal to tion

and. (e) with down, and has been laid down was taken to the airline's ground of of the Full Court er frequently since, that the fact the party and separated from efforts twice recently, to reduce the leave of the strength of air crows by upon the corticate of the that

the Trial Judge was dis her husband when he was CX- combining the duties of co-pilot Judge who tried him against satisfied with the vidit, - al-pelled. Marty was removed from and radio operator. Thio, plan the sentence' passed on his though it is a matter to be leadership when he refused to was aliandoned on. Government conviction, unless the sentence taken into account in this Court accept a party, shift to a policy.

one fixed by law. T

(Contd., on back page, col. 3). of "softness."United Press, orders-Houter.

a

A spokesman of the Noianail of mixed law and fact, or any verdict of beautiferred him a divorce today from hir

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