1953-12-18 — Page 10

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JOHN CLARKE'S CASEBOOK

No Miracles Today

VERY year at this time, age pension of 32x. 6d. There

of milk.

FIRST TIME

slr.........." Two of them wero laż foro Christinas, small

shoplifting, two of them took miracles are worked by the place in December. Jessie's third least trumpeted and some-crime had been to steal a bottle times most neglected group of people in the land the old ladies who are mothers, whose families have a long time since grown up and gone from home.

THAT do you want to say?

the magistralo asked her. "Nothing, 'cept I'll take an oath I'll never do it again," she expect you'vë, said that before," said the magistrale. "You're getting old, but, this is shall remand the fourth time, you for a week in custody,"

They are grandmothers, pt haps, great-grandmothers even. and They are widows aften often live alone. Nearly always they are poor, for the taxman

They led Jessie off to walt delivers a double-headed blow against them, cutting down their for a week in Holloway dor her savings and making it hard for fate to be decided. It would be rons and daughters to renderne experience of prison. more than token help.

criminal at worst; at best, nuisance. And elther way or whatever else, an old lady still, peor, lonely, and with thoughts of happier Christmases long

manage

TEARS

poor they may be, but at Christning time, they somehow or other to provide, cut of their pittances of past. penglens and their tiny savings. within presents for everyone

led

a

minor

their family circle, and often for ARRIVE FROM

those upon

the fringe of it as

well. And every gift is an act

of self-denial wrapped in gally

coloured paper.

KOREA

The First Royal Tank

the

Such an old lady, Jessie seem-Regiment arrived here in ed, who timidly crept into the troopship Empire Orwell from dock at the Clerkenwell court Pusin this morning for a few

She the other morning.

washours stopover before continuing

Arall and trail, dressed all in their journey to the Middle East black, and very neat, and the this afternoon,

handkerchief with

of

£

which the dabbed at her eyes was immaculately clean,

She pleaded quilty to stenlag 75, od, worth of small things from the counter-troys of

chain-store,

A

BEYOND HER MEANS POLICE OFFICER went into the witness-box to tell Mr T.F. Davies, the magistrate, the details of Jessie's crime.

She had gone to the store in the afternoon, and slowly made her way through the Christmas- minded crowdi,

peering from side to side at the pretty things each counter. None piled on was very expensive, but most beyond her means to buy, were

At one counter, Jessie picked Into pul it up something and her bag. An nasistant manager ut the store sow her go away without paying for what she had taken. Ife followed her into the street. and there called a passing policeman.

"She seemed very upset at being stopped," the officer in the box reported now.

FOURTH TIME

the dreadful story told. Jessie was upset again, and wept into her inadequate bandkerchief.

HEARING

the

was

The Regiment, which has been serving in Korean for the past

in year Is joining

British forces in the Middle East Com-

and. The

Regiment replaced in Korea by the Fifth Royal Tank Reglinent from the British Army

Rhine of the which really passed through Hongkong.

Radio Hongkong

1.K.T.

Rosemary

6. Time Signal ond Programme Summary: 0.03, Contact. A Radio Magazine for the Rising Generation with News, Views, Interviews, Produced by Stories and Music.

Richards (Studio); 0.36. old Time Hallroom with Bydney Thompson and his Orch. (BUCTS); 6.50, Weather Roport; 7. Time Signal and World News (London Read 7.10. The Church Institute for

England

Soldiers, Ballors and Altmen. An Appeal for funds by Miss L M Baird, Warden of the Insitule (Studio): 7.10. Talking About Hongkong by Dr B. G, DAVIN

and Rev. Father T.

CHINA MAIL

6 Years For Armed Robber

Pleading guilty to two charges of robbery with aggravation and possession of arms and ammunition without a licence, Fung Hoi, unemployed, was sentenced to six years and 12 strokes of the cane by Mr Justice A. D. Scholes, Acting Puisne Judge, at the Criminal Ses- alons this morning.

A cloth bag containing $788.30 and two cheques which Fung had stolen com the com- plainant, Ho Shu-keung, a shop fok, was ordered to be returned

the complainant.

to

com-

Mr D.N.E. Rea, Crown Coun- sel, anisted by Det. Sub-Insp. Thomas, said that the

employed by the plainant was Yau Yee Company, Queen's Road Central, and it was his duty to customers and

visit various

collect money.

On the evening of September 21, after collecting $708.30 and for $1,450.50 and two cheques $815.00 respectively, he WAS ascending the stairs leading to the Company when he felt some- thing prodding onto his back. tite Turning round, he saw accused holding a tun in his right hand and warning him not to make any noise or he would be killed.

PO GIVES CNASE

The accused then took posses- sion of the cloth bag containing the money and cheques and left. He was followed by complainant who raised the alarm.

On hearing the alarm, a Police corporal drow his revolver cad gave chase. The accused was anally apprehended in Pottinger Street by a Traffic constable, He

to struggle end draw his revolver but was subsequently disarmed by the corpomi.

J

The revolver, 38 Smith and Wesson, loaded with six rounds of ammunition, was found to be in perfect working order, but had not been fired recently.

In a statement in answer to the charge of possession of arms, the accused said he was issued the gun by the Kuomintang and that he had lost the licence.

also said that he was com pelled to commit the robbery as he failed to locate his friend In Hongkong and was left on the island penniless. 7. Ryan

tecorded! 7.30, Songs from the Shows (BCTS); 8, Landmarks of London-St Paul's Cathedral with Hugh Ross Williamson as guide and storyteller (BBCTS); 8.30, Recital by Gaston D'Aquino (tenor) with Plano Accompaniment by Moya Rea (Con- cert Hall 0,39. Looking Back presented by the British Connell Studio: D, Time Signal. Music The other articles were dis- Lovers Hour Clamical Requests pre- covered in her shopping bag,"sented by Curtis Hindson (Studio):

10.00, An Experiment In Progress the officer went on, "and she. An Investigation into the Nature of later admitted she had taken the Primary Comie Radiation by them without paying for them." F. Powell, F.R.S. (BDCTS); 10. 15. The Voice of Britain-The last He coughed, and changed the of tinee programmes felting the subject

sketch story of the BBC's external ser-

twenty-one Jessie's life story so for as he vices tellecting Iritain to the

1943-1063 World in the difficult post-war years. "She is a widow of 73," he Written by Martin Esalin, Colin Will and Alden Philip, Produced said, "and lives on her own in by R. D. Smith London Relay); a single room, for which she 1.50, Weather Report; 11, Tind

Newsreel pays 135. n week. She recalves Signát. Iladia

Recorded Landon Relay); 11.15. Goodnight 158, a week from the National Music. God Save The Queen; 11.30, Assistance Board, and her old Close Down.

knew it,

slightly, to

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Printed and published by WilKM ALLER - GRINHAM for anton; behalf of: South China Morning: Post Limited, at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong.

in mitigation, the accused said he had a family to support and asked the Court to take into consideration that this was lus first offence.

The revolver and ammunition -were-ordered-to-be-confiscated.

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Washington, Dec. 17. The United States Army's super-accurate "Nike" guided missile, designed to track down and destroy

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SIDE GLANCES By GalbraithWARD APPEALS AGAINST

T... PAR DIE dour, 1963 by NEA Bersint, tes

"I'll take it on one condition, officer, that you buy ons of our club's raffle tickets! What could be fairer than that?"

Prosecution Counsel Ends Submissions

In King Case

The Hon. Leo d'Almada, QC, leading Counsel for the Prosecution, this morning concluded his arguments on law and asked the Court to hold that the defendant had a case to answer when hearing of the King case continued before Mr Poon Yan-hoi in the Supreme Court building.

Mr d'Almada sald'his submissions to the Court were merely an address in Peply to a submission that there was no prima facie case made out. "It is not an appeal to a Jury," he added, "and no Magistrate would expect from either of us a passionate peroration in the manner of Mr Mossadegh. I respectfully submit that there is a case for the defendant to answer.".

was

no

CORRUPTION CONVICTION Lack Of Evidence Argument By Appellant's Counsel

An appeal brought by Sub-Insp. Dennis Edward Henry Ward, of the Hongkong Police, against his conviction on a charge of corruptly receiving $320 from Lam Tam-sang, a village elder, was heard before the Full Court, comprising Mr Justice T. J. Gould, Acting Chief Justice, and Mr Justice C. W. Reece, Puisne Judge, this morning.

Two

The Full Court reserved judgment until later today.

Sgt

instructions were properly cat- draw its own

the

were

Ward was sentenced to three, had rejected on the fifth, charge | been offered a bride by Lam and months on November 12 by as regards Set Cheung, The up to August 25 he had not Judge Reynolds after he had Judge had said that Lam was received any money. He would been convicted

person of In- suggest that of corruptly blatantly not

raids and receiving $320 from Lam Tam tegrity, how then could he say prosecutions by Ward Bang

elder of Tap Mun he did not accept Lam's evidence means of "putting the screws" village Village, Taipo on August 3D.

on Lam and the divan keeporn, for Sgt Cheung but accepted it He was found not guilty for Ward? esked Mr Winter. As to the purpose for which on four other charges of con-

There were very good res-the money was received, Mr spiracy and soliciting bribes sons why Lam should want to Mayne said that such contracts

The get Ward from his post.

were never drawn for forbearing to cor

out with corry out

Police gave him Instructions but clarity and from the circum- Polico duties in respect of oplum divans in Tap Mun. they did not know whether the stances It was for the Court to

Chinese Policemen, Cheung

contract. The Chun-wah and Fried out. There was no evidence the nature conclusions as to as to what was only conclusion in this case was except Lam's Chan Hon-ming were acquitted said when the money was pass-that Ward received the money on all the five charges.

ed over, sald Mr Winter. ---- for some favour to the oplum The appeal was

Mr Justice Recce remarked divans, for all the conversation. grounds that the convictions was that the charge was copied previously had been about tho against weight of evidence in word for word from the Ordin-divans and whatever was sald that there was no evidence that ance but there was no evidence was in relation to some interest Ward had received the $320 as as to what the money was given Ward had in the opening or a bribe, nor any evidence that t

closing of opium divans. The ho had received the money as Mr Winter replied that there paying over of the money to

otherwise on a reward for or

was an inference that if the | Ward and his receipt could only ReCount

forbearing to

Inspector received money he have relation to the earlier properly carry out his duties as would not carry out raids but it meetings and talks,

member of the Police in was never stated in so my taking action

respect of

words. He suggested that the certain opium divans in Tap Police were led by the nose by Mun, as the charge stated.

Д

of his, fosh

in

on

the

for

Lam and the trap was planned ON ONE WITNESS

after some ten minutes' conver- Mr R.W.S. Winter (instruct-sation with Lam. If the Police

evidence rested solely

Dialogue In Court

ed by Mr R.E. Moore) who had known the background the never have been represented Ward sald that the case would

on one brought. the trial witness, Lam, who,

"AN UTTER FOOL" "The trap has proved only Judge had said was not a person of integrity and oven Crown one thing-that Ward was a sir, I was not drunk gir," sold

"Excuse me sir, may I

speak Counsel had said might not be fool; on utter fool. The money Robert Young in Central Court

person to bo trested

with was passed to him without any

reason and he put it into his Lo. Young, who is a tailor on the this morning to Mr Hin-shing pocket. His evidence is that was thrown on to his lap with USS Cockrail, was charged with out him- noticing it and

then having been drusk and dis

orderly Inst night on a tram at when he found it he went Queen's Road East. after Lam, But it was too late

a

The man chosen lo

Mr

"Thero

purpose for which that

one whom he had every reason necessary

Prosecution falls to prove that

"This man, your Worship." sald the Court Prosecutor, In-

shay I

respect. If Lam's evidence was to be belleved then the first and second accused would have been convicted on the fourth charge of soliciting, but the trial Judge did not accept his evidence and acquitted both the accused.

The ith charge of corruptly and the trap was sprung," sald

Winter. receiving on which Ward was He submitted that it all spector Howel, "caused an up- The defendant, James Joseph on in these proceedings there is convicted was the result of a happened in such a short space ranr on the tram last night at Obourne King, merchant, is no question, I submit, but that Police trap and therefore the of time that Ward had no time about 9.45 p.m." alleged to have fraudulently this evidence would have been evidence in that should be treated

E to form a criminal

and "Excuse me. sir. takce $0,305.94 for the use of his admissible. The fact that the with great caution, said Mr

that the evidence

the speak?" asked Young. not taken until Winter. wife from George Falconer and objection was

be equally Co., Ltd. while Director of after the close of the evidence spring the trap was Lam, village

"I think he is still drunk, innocence as with that Arm in November, 1850, for the Prosecution is no reason elder for seven years whose duty

Ward was at the with

your. Worship," said Inspector He is represented by Mr M. A. for lis exclusion introduce things like checking opium divansin

I do not it was to assist the Folice in

inteahouse to serve

Howel. summonses, da Silva

found-my-right to

Yes, I think he is," replied Appearing for the Protecution this evidence on the fact the and in all the seven years had in connection with the raids he

had had carried out, one divan. Yet nive reported only

Lom knew Mr Lo. He turned to Young are the Hon. Leo d'Almada, QC, point should have been taken

he was going to be there and I think we had better remand and Mr A. J. Clifford, both in earlier. It is still in your Wor- weeks after Ward took over

told the Police so that the trap you for another 24 hours. In this as Inspector in charge he carried struated by Hastings and Comsence. There is substance, out a cald on a gambling den

ship's discretion to allow

could be sprung.

your present state you may kay pany.

Asking the Court to quash something detrimental to your When the hearing resumed of course. in my argument that with Lem caught immediately

d'Almada had the point been taken earlier adjacent to it and close to Lam the conviction, Mr Winter said self. I think the cooling effects this morning, Mr

was evidence of the of another night's sleep would dens lo he found two opium replied to points on jurisdiction there would have been, raised the day before by Mr doubt as to the admissibility of operation. Ward also successfully money being passed, but there be good for you."

dens. Here then was no evidence whatsoever of prosecuted

these Silva. He said that his answer the evidence.”

the Police officer who was

"Excuse me sir, may I say there to his friend was that

AN ADVANTAGE

money was passed and If the something, I was not drunk.". going to spoll things for Lam and Court was no doubt, if the

Counsel went on to say that

"Well," said Mr Lo, "You can looked at the charge, that on the fact that defendant had not

Ingredient to to get rid of. Yet the Pollec

that plead guilty or not guilty, but October 18, 1952, there was a

taken objection carlier gained laying the trap entrusted Lam to charge then the charge must ut is all. I presume you wish complaint, The charge sheet

take the most important part. If fall'

to plead net guilty, young man. Was headed "Rex, by the in- an advantage which he

would not have had he taken the Police had checked on the

CROWN REPLIES

t soo by the sheet here that you formation or complaint of W.

W the point at the proper time,

records and Lam's history he was In his reply, Crown Counsel, come from Tol Shan-the same The Army sal that the first H. M. Seymour, Director of "Your Worship will recall the certain they would have hesitated Mr D. F. O'Reilly Mayre suld district as I. It is sad to see a Nike unit in the nation-wide Falconer and Co., Ltd," and evidence of Mir Seymour anti-aircraft system will be in- further down it clated that Mt the initial steps by connection before taking such a step, sub- that it was clear that the trial compatriot in such a state."

mitted Me Winter.

Judge, from his reasons, at no stalled in the near future" at Seymour

complainant with this WRE

prosecution. When

IN GOOD POSITION EVIDENCE REJECTED time rejected Lam's evidence. Fort Mende, Maryland-midway against JJ. King. After this came Mr Seymour went to the Police

Counsel then referred to The Judge repeatedly said that "Yes, air, but I have been in the original charge Lam's evidence regarding between Washington and Balt- the charge with the statement and when

the Lam more, Maryland. There are aand: particulars of offence, and, was laid on October 10, there handing over of the money in but *** be telling the truth the States and am now working without corroboration be in n'good position on an Ameri- number of all-aircraft units in Counnel submitted, this charge was no question of anyone hav-

the teahouse. He said that the felt he should not convict. In con ship. I have Chinese under the surrounding area,

the information which Ing the idea that this was a

trial Judge had obviously reject the case of the two Chinese | me and tell them what to do,” informed the defendant precise. Crown Prosecution. That arose

ed Lam's evidence th regard Policemers the Judge found no ly of what was alleged against only as a consequence to letters

to, the second accused, Sgt corroboration and therefore ac "I am glad that you are in a him.

exchanged between my instruct-Chung

Cheung, or he would have also quitted them.

respectable position," replied Ing solicitors and the Com- OPEN TO COUNSEL

convicted him as Lam had sold missioner of Police," After referring the Court to Mr Silva here

he tendered the money first to to his own remarks about Mr Lo. "We are always glad Lami Crown Counsel, explained sco oversent Chinero in interjected and

Не Sgt Cheung.. submitted that ΑΠ

dealing authority

said he challenged the correct the Judge could not reject the such cases the Court might take

that what he encant was that in Hongkong." absence of information,

d'Almada's state- ness of Mr

evidence with

to one as the view that witnesses such as American friend last night and regard

“Yes, sir, and I was with this continued, "Insofar as ment. d'Almada

Counsel, this point again is concerned you was completely mistaken on the another. Up to the fifth charge therefore not persces

he declared, cused and accept with regard to Lam might be accomplices and here as my elder brother," will recall I said it was open point, Mr Seymour's evidence, the trial Judge had consistently in that sense, but it did not mean of integrity to the defendant's Counsel to m quire on the commencement of sald Mr Silva, was that he re- rejected Lam's evidence and that such evidence should not be forward.

In the Previation of accepted. these proceedings as to the inported the matter to the Police,

loft St to the Crown

Corruption Ordinance the legis "You are willing to bail him formation, etc, and had he then 10 done so and if any irregularities act. His evidence was relative

on this authority it was proper for sons the Prosecution would have your Worship." D: The Hon. A, M. Rodrigues } had been discovered, which I to the date when he went to authority, Counsel submitted that Inture recognised the type of per- for $2507” asked Mr LD-CB,

the Court to admit the resolution.

"Oh no, ho. can't do that," has been appointed a Member of not admit in this case, then it the Police, and was clear that reported to tho the Medical Board for a period

would have been in your Wor- Police and did not initiate the

d'Almada as to whether he should vided for that, eald-M: Mayne, deals then with his application to reading the Ordinance. The Judge and is a married man and is only ship's discretion to stand to the Prosecution. The interpretation should do so at the conclusion of was most careful not to accept in a Government position in the December 10, vice Dr J. H. defendant an adjournment, given by Mr d'Almada, la his argumente Mr Poon said he Lam's evidence without corro Revenue Department, und with M-Einty (resigned), it was an- at the same tune any

Lich

submission, WES a misinter- || thought - Counsel“ should continue boration, he added, va nounced In

the high cost of living now, he the Governament

have

with his arguments at this stago, been protation.

CLEAR CORROBORATION Gazette today,

My

cannot ball me out." did not friend

Agreeing with the Court, Kr this M. D. C. C. Luddington has

Mr Mayne submitted that in "Then you; will be remanded d'Almada said he would, as leave point until quite late notos of the evidence, taken on this i later to have the resolutiza the fifth charge there was clear for 24 hours," said Mr Lo been

appointed to be a Deputyin

His objec-point and said that when he pressed med on the authority he had cited corroboration of Lam's evidence proceedings. Clerk of Councils, as

Mr d'Almada then went on to

2:“Yos, kit, thank you, sir" re- from tions include this argument that Geymour in the wine box

Bestow whether he had obtained · Mr December 15,

If Falconer's are the complainant nekdjian's comment to institute the authority to set

dent further with Mr Beymour's of the paying over of the money plied. Young, "Goodbye-sce

on behalf of secretly under the level of the you tomorrow!" Other appointments gazetted then there is no evidence before promcution, zde Seymour had replied Falconer'

table. This was witnessed by today were: Mr P. F. MacCabe the Court of Seymour having whether or not he says his consent,

it was no consoera of Me Tookdulan'a When he had concluded his stufrup. Chan watching from the nuthorised to institute the case was one of the Crows V

ments on the law, Counsel asked his cockloft. Ward's evidence was Executive Committee, vice Mr these

Worship to say whether, pr, dothe J. F. Robinson (retired); Mr

AS A DIRECTOR -- Me d'Almada replied that what ha submit am going

to the Po Ixung Kuk Permanent

went to the Piljes ha elaerly Awans which", "arguments on law -- wore} Mr Mayne submitted that if leur Maurice Tournder: ns (Vice», Board доши Direction, vico Mr Tao pose of instructing solicitors in ea Divetor of and on behalf of

that evidence was accepted one Cohful for Franca in Hongkong, Scan-wan (deceased); Mr C. M. this case there is no need for longer bedded, that they make Fodoald he thought his could not but come to the con- provisionally and pending. in- McEwan

clear, and held that Mr. Organiser, an authorisation under the alma Phewan to his woede, to lanaces could not do centent on clusion that the money was restructions from the Secretary of

Leung or the Company, and I shall decider kynntag MERGES TANK The evicianos, patt

ceived as bribe and the Judge State for the Colonies. Fung-kl.

to further apply very shortly for Cynllnaine) with his subenimlocus, Men Almada then touched on was entitled to look at all the be Inspector of Schools.

It was also notified that B: the ratification of Me Seymour Smatanova I. submit that my friequf, the - Court, to" note, and ended it's the negotiations win, nériving

now having, challenged Már Drymouri | subentasione ty · reply 'to the argu- arulhocity tlo, proceed on behalf of mentegraloed by@hdr adva, by sub at his conclusion) J. H. Bottomley, Chiet Duilding acta by the Company IKEA

miting that there was cast for Mr Mayne said that according "Now, had point, as the Company, leave to mit in Surveyor, assumed his duties on December 14,

· asid before, been taken cartier lions pusesce by the Company | the durandant que anumeroase

PThe bearing, is provoeding: tonWard's own, evidence he had

The Nike, named after the Greek goddess of victory, essentially is a two-stage rocket about 20 feet long and one foot. in diameter.

It has a speed of about 1,500 miles an hour and a range of more than 20 miles, according to

Army sources. radar beam until it

near its target, then switches to its own hombig device—United Press,

It rides

Appointments

of three years with effect drem

ularity could

with

1 do

to be a Member of the Port boor eeding on their bot||

*I*

.to

to

Mr Süva referred the Court to the

King

A serious looking man camo

In answer to a query by Mr |19 769 on in such cases and pro* |orted Young.. "He has children

resolution or he

The Government Gazelto could bournent or the dance, an in direct contrast to the evidence announced today that HE, the he interpreted his Worship rules, of Lam and Insp. Chan, and the Governor has recognised Mon

iven recently was to mine of Judge eccepted the latter."

Hamn fong to be a member of must. Worship. that for the, pürü | aald was ⋅ that when. Dir. Seymour | that, hin-could do so-ón evidater on

M

Physical 11-leave-to: Introduce ovidence For Me GʻAlmada said; these cirpoints in the evidenon which asked) avidance' and 'circumstances nich

What? Heri COAT

#Solution