1957-07-08 — Page 10

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CHINA MAIL

MONDAY, JULY 8, 1957.

(849

JURY FINDS NOT GUILTY RADIO

MURDER TRIAL ENDS: WOMAN DISCHARGED

Ho Sam-mui was unanimously found not guilty of murder and discharged by Mr Justice A. D. Scholes in the Criminal Sessions this morning.

It was alleged by the Crown that Ho, aged 90, caused the death of her lover in en alleged suleide pact.

coun-

J

If there had been an agres-1an agreement to commit sai ment to commit suicide but the cide surviving party actually

If the Jury thought that there was no such termanded or broke

agreement their the agree K-mont before the act which enused death was done, the one who survived was not guilty of murder.

un-

The deceased, Yuen wah, a 24-year-old walter, and the accused were found conscious In a Wanchai hotel room on March 5, suffering from lysol poisoning, Yuen died hospital four days later.

Thanks

Mere knowledge that a person was in

going to commit suicide And not trying to stop it would not constitute the offence. There must be an agreement to commit suicide and the act cousing death must have been done in pursuance of that agree. men!

to

Ho murmured her thunks the Jury, the Judge and her Counsel as she was led out of the deck to freedom.

The Jury of six men and one

deliberated

WON

for

Even if the surviving party did not make any attempt to 25 take his or her own life it mado minutes to return their verdiet.no difference in law, the Judge They were exempted from Bald. further Jury service for Three

ycars.

Mr M, Morley-John, Crown

No Pact

Counsel, proscented, assisted' by It was the case for the Crown

Det. Insp. W.G. Lawrence.

Ho was defended by Mr H. L. that there was no doubt that the

Hu, instructed by Mr W. Cheong of Peler Sin and Co.

The Summing Up

1.accused and the deceased drank

lysol in the hotel room and that the deceased died from the effects of lysol poisoning.

IL Was the

their case that on the In his summing up this evidence the Jury must come to morning, his Lordship told the the conclusion that there was Jury that the charge before the an agreement between the ac- Court was one of murder and the cused and the deccused to com- particulars were that Ho Sam-mit suicide and that they both mul, alles Ho Wal-lin, ou or drank lysal as a result of that about March 9, 1957, murdered agreement. Yuen Kom-wah. He said that t would be noted that the taking of lysol was alleged to have occurred on March and the charge was made on March 9, when the deceased died allegedly of lysol poisoning.

The law in effect of this type of murder was simple.

His Lordship said that if two

persons mutunily red

commit

to

und

suicide together accordingly attempted to do ro, such as by taking poison, or al templing to drown theinselves or something of that nature, and only

one of them died, survivor was gulty of murder,

It was an essential element of the offence ibat there was

10 mutual agreement suicide,

A Doubt?

the

24

commi!

He said that if the Jury were not satisfied beyond reasonable doubt that the accused and the deceased entered into an agree ment to commit suicide, they must acquit. The agreement must of course be in force the time the net was done which caused the death of the one who died.

Cat

The Defence was that there was no such agreement to com- mit suicide and further that it had

not been proved beyond reasonable doubt that there was such an agreement.

His Lordship said that the main issue

for the Jury was whether or not there was such

verdiet would be not guilty. If they had any reasonable doubt as to whether or not there was such an agreement then their verdlet would be not guilty.

The Defence also said that to convict the Jury must be satis- fed beyond reasonable doubl that the deceased died as a re- sult of taking lyrol.

Correct

the

That was quite correct, Judge said, but in this case he should not think the Jury would. kave any doubt that the deceased died from the effects of taking lysol, but that, he add- ed, was a matter entirely for the Jury.

The Jury retired at 11.20 a.m.

Right Side

Was The Wrong Side

SIDE GLANCES By

albraith

TAR TIL D

"Sonny writes that graduation will realise his highest ambition and he's going to spend the summer on the beach!”

A hawker was arrested by a Police officer on June G for having ridden Abloycle along Nanchang. Street on the right side of the road for 200 yarda

On the way to Shamshuipo Police Station, the man escaped.

A Police Sub-Inspector convicted of demanding $90 He was arrested after a chose with menaces had his appeal against conviction dismissed of about 50 yards,

Mr. T. Morris at by Mr Justice C. W. Reece at the Appeals Court this Kowloon this morning, the man, morning.

ot 48. Lei-dung, 23, Nanchang Street, second was fined $100,

POLICE INSPECTOR'S APPEAL DISMISSED

Before

Lec

floor,

What's On Tonight

HOOVER and LIBERTY: "The Maverick Queen": A western in which Barbara Stanwyck is the boss. With BarTY Sullivan, Scott Brady, Mary Murphy. In Naturama, KING'S and PRINCESS: "High Tide At Noon": Love and life among the sherfolk on an island off the coast of Nora Scolla, Betta St. John, Alexander Knox, Flora Robson, William Sylvester,

METROPOLE and STAR: "The Gold Rush": A reissup of one of Charles Chaplin's early fllms mude in the days when he was known as "Charlie".

QUEEN'S and ALHAMBRA: "International Police": Victor Nature of the Anti-Narcotics Squad pursues dope peddler Trevor Howard across Europe while Anita Ekberg looks elegantly on.

ROXY and BROADWAÝ: "The Wayward Bus"; John Stein- beck's story about a group of people thrown together during a bus, journey, Joan Collins, Rick Jason, Dan Dalley, Jayne Mansfield, Betty Lou Keim,

But the Judge reduced the a foki of the restaurant, and he pentence to six attached considerable importance

three-month

weeks,

to it.

Hongkong

0.20pm.. Talking About Tosching!--- Late Magazine; BAD, Muscul Momente; 0, Time Bignal, Programme Bummary: 0,02_111ghlights in Varlety: 1230, Classical Requort presented by Allora Dekicer; 4. Cocktail Time- Hen Rege and his Orch Mana

7.30.

Talking About Books: "Fine Theatre of China," by A. C. Booth, Reviewed by Ya Ham-nissa: 145, Interlude for Muse, with Troddy Albert (harp): 7.58, Weather Report! #, Tire Bignal, The News: 8.00 Com mentary; 8.10, A Paper of Pins- Barbara Lawrence, alngs. American Zalle songs and talks about their origin: 0.30, DBC Jazz Club-o Delaney and his Dend; -9, Tame Signal: Mavie Magazine, edited and produced by Timothy Birch; 930, A Recital by Rabert Witcher (Tenor) with Mano Accompaniment by Mos Its he never told her Love 13laydn); The Jims (Britten); Wall- paper (Kingsfordi: "Nina (Per rafesel; "Dalin Sua Pace" (Moxart); Quests Quella (Verdi); Die Forelle (Schubert); Wanderer's Nachtlled (Sobubert): 9.50, The Rt. Hon. Harold Macmillan, Prime Minister, will talk on the Commonwealth Prime Minis tera Conference (London relay recorded); 19, Mukio and Song from Vienna-Hide Gueders (Soprano) with Orchestra: 10.30, The Goon Show The Flea (lepent of last Saturday's broadcast); 19.00, Weather Fleport: 11, Time Signal. Radia Newsreel 11.15. Cricket-England y. West Indies Commentaries on the 3rd Teet at Tront Bridge, Notting ham, by Rex Alston, John Ariott and Kenneth Ablack; 11.45, Clone. Down,

REDIFFUSION

SHEAFFERS

Skrip

UNIVERSITY.

COUPLE

MARRIED -

Dr

Cheng

James

Chester

and Miss Marion Maan-man Lice, both of Hongkong University, were married this noming as the Registry.

Dr Cheng in a lecturer la Chineso, history. He gained his PhD. at Cambridge University.

Later they left by OPA for Singapore via Bangkok for a short honeymoon.

RIOTER'S

APPEAL

REFUSED

Mr Niahloka

JAPANESE POLITICIANS COMING

:

TO COLONY

Convicted by a Jury and sentenced by Mr Justice Scholes in May to five years for rioting at the Pao Haing Cotton Mills last October Yam Po-tal told the Full 3 p.m.

Musical. Matinée: 20 Court yesterday that he was Claude Thornhill and his Orchestra featuring the Snowflakes; Tea Foz appealling against convie

kour later is month, Strictly Instrumental:tion firstly, and if that Talldren's Comar-prescribed by

4.30.

Auntie Ray: 8.30, Monday Requests falled, he would argue that Presented by Betty: 5.50, Birthday his sentence Was too ex-

Mailbag: 8, La Musique Francala

Fresented by Jeannette Piry: 1.30. A cessive.

Moment For Melody: ". Personality

Parade Presenting Terem Brewer;

1.15. Concert Miniature; 730, Eddie

Yam declared that he WDS

Fisher with Axel Stordahl's Orcher wrongly convicted and attacked tre: 7.45, The Mystery of Nurse Lorimer: B, Time Signal and the

and

Found track of the Film "Kimmel

the Police system of identifica- News: 0.00; · Weather * Report... An- tion parades held at, that time, nouncemeYLE

Interlude: 8.18, He said that his Defchee Coup. The Tope: In Popular Muate; 8.30)

sel had made submissions at the show Case Selections from the trial that these parades were not aning Howard Keel, Ann Birth, conducted according to regula- Dolore Gray and Vie Damone; Ations and therefore he was no Kite of Bliss: 9.30, Monday Concert "Symphony No. 1 in Major properly identified. (et), played by L'Orchestre Radio- Symphonique de Paris; 10, RJ.C. Jazz Club: 19.30, One Night Stand the Chief Justice, Mr Justice M The Full Court, compeleing 11 Date With Dreamland. J. Hogan, and Senior Pe

Cricket →→→ England v. West Indies.

Yam's

but

Commentaries on the 3rd Test at Judge, Mr Justice T. J. Gould,

appeal, senience to dale. 22 as originally ordered by the Ariat Judge.

rent Bridge. Nottingham by Bex refused Alston, John Arlott and Kenneth that two { & night, God Save The Quem; from. March

11,45, Prelude to Adhight; alloway his Chinese men claiming to be 2

to a Clogs Down Police officers had gone teahouse to demand money.

The appellant was Philip Hsu, The Police officer receiving allas Teul Tsang-tak, 25.- He the report gave evidence that it was sentenced by Mr D. Cons was to the 'effect at Kowloon Court on May 10.

Hsu had been cautioned en two other charges common as- sault and malicious damage to property. He did not appeal against these convictions.

Telephone Report

Not One Word

There was not one word, Mr assault and Yu wald, about malicious damage in that report.

00

TELEVISION

UNUSUAL

Giving Judgment, the Chict Juolice ogreed that the clr- cumstances of the identification

were

A

the group of members of Japanese House of Council. lors is expected to visit Hong-

They will be visiting Hongkong

on July 21 and plan to visit Manlia, Bangkok, Singapore, Colombo, Madras, Calcutta, Rangoon and Talpet before returning to Tokyo,

Mrs members is One of the

Haru Nibloka, from Naga saki City, She - President of a dally newspaper kom- pany, the Nagasaki Minya Shimbun-għa, and she is tho

first woman newspaper · Fro- sident in Japan.

she succeded to the presidency

when her husband Takeljiro Nishioka, Governor of Naga- sak!, fell out with the former Japanese Premier Tojo when ho opposed Japanese polley in 1942. He was gabled but when World War II ended Mr Nishioka was "purged" by the Ameri- can occupation authorities,

In

addition to her presidency; Mrs Nishioka ly a director of four companies. She is also permanent executive Store- tary st the headquarters of the Liberal-Demoerills Party, and permanent director at the accounts committeo, House

The Japanese party will stay in

Hongkong three days.

6 pm. Children's Hour-Cartoon parades in the riot cases Mr Patrick Yu represented But it turned out that the foki 1,15, Puppet Theatre; $.30, “isteva Hsu this morning, Instructed by | who telephoned, Mr Peter Chan, of Messrs Lai, plainant's instructions, only saw Down 10. Presenting Kung Long: not want anything the Court Chan & Ko. Mr W. A. Blak, the amult and malicious dam-74 Newsreel of World and Colony said in this appeal to be taken

Evente; 8. Cantonese Feature: 8.30,

es an encouragement for de Kerr, Senior Crown Counsel, age being committed, according Playhouse Fifteen: "City Blicker,

to his own evidence,

starring Jack Vesey and William parture from the standard rules was for the Crown.

Mr Yu said it was appellant's 8.45, Calling Card, Fresented for such parades, but in another Heu had been found guilty of

by Jock Binant; 9. The Unexpected: riot appeal the Full Court had "Blightly Dead," starring Roman demanding the money from Lau case that he and a Police cor- poral had previously vislied the Tak

O'Hoolihan and Coletta Mchiabon; dealt in detail with criticising of at a restaurant at 34 Hoklo restaurant, and that after having 9.30, Chinese Evening Feature: 10.30, these parades and the Full Cout Street on February 14,

Late Night Final News Headlines,

now saw no reason to change is had something to cat, had ask-

Weather Steport and AnsSOLANORINOKSE; Mr Yu dold the Court thated the price of the meal to be close Down

view of the matter. there was a telephone report deducted from a sum which ho received at a Police Station from claimed complainant owed him

of Councillors. com- Donovan, Western Marshal, Close, undoubtedly, unusual. He did

Choose your "CROWNING GLORY"

Four Months For Snatching Pen

|

Stole Father's

Gold Pendant

A 16-year-old boy admitida “ before. Mr Elmon F. 8. La st Centrál Juvenile- Court this morning he had stolen a gold penägut belonging to his father on July 1.

•

The Chief Justice said that the Juzy at Yany's trial heard the crillefsms of Defence Couz- sel, and having been properly Ile sold the pendant to a directed as to the law they were goldsmith and then went to in a position to judge for them- Macdo where he spent all the pelves. They found the appel money-$78. lant guilty and the Full Court

The boy who had a previous `· saw no reason to interfere with conviction

for theft and was their verdict.

placed on probation. was .re- The Full Court also did not manded stven days ln gaol dgree with Yam that the sen- custody pending a report on bis fountain tence of five years it too sultebillly to enter a training

Counsel sald Hsu had stated that the complaltant had ob- tained a sum of money from him under false pretences, giving

Ho Yiu, 45, unemployed, who Hsu to understand that he had ning previous convictions, were for theft, would give him certain informa. three of which from our beautiful on

was this morning sentenced to Thus, Mr Yu said, while he four months' imprisonment by and exclusive was not trying to justify the Mr Hin-shing L at Central appellant's way of trying to get Magistracy when he pleaded millinery collection back his money, he wanted to guilty to stealing

ich the Court know the nature,

the most of Hsu's demand.

face flattering Power To Reduce

styles imaginable

Counsel sold that though this was an appeal against convic

Appeals Court had power to reduce the sentence,

in all tion, the

the attractive He submitted that three months

was an excessivo sentence for in offence of that nature. Mr

fashion shades Yu asked for a fine to be

of

the season

Paquerette

10a Dea Vosux Ad.

Mr

imposed instead.

refusing the pagistrale Justice Reece said the had all the evidence before him. He had accepted the Prosecu tion's side of the story, and the conviction must therefore, stand.

Missing Boy's Body Found

-The body of a small boy wat found floating off the Marina Department at about 10.20 o'clock this morning.

Ho was reported' mixaặng Jesterday.

The boy, identified as Lol | Hok-minực, agod 10, went swime. LTD. ming with a group of children

in the gen-off the: Marine De 167 | perimet, at about 3 pappa ER

Buddenly he shouted that some, jellyfish . had?", become

„Printed and pubilahad. by PeTER PLUMÁLY fox thaid on behalf of South China Morning Post Limited, at 1-3 Wyndham matanging with his feet and soOG

City of Victoria in the Calong of Hongkon

pen.

F1

excessive.

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