1960-05-25 — Page 10

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CHINA MAIL

Established 1845

WEDNESDAY, MAY 25, 1960.

FLEMING APPEAL CASE THIRD DAY

Sheaffer's PEM

THE BOLD NEW PEN DESIGNED EXCLUSIVELY~ FOR MEN

WOMAN

Pure speculation' says A.G. DIES

U.S. Ambassador in stormy scene with Japanese socialist

"Tokyo, May 24.

US. Ambassador Douglas Macarthur II today accused the Japanese socialists of propaganda' motives in insisting that President Eisenhower cancel his visit to Japan on June 19 to 23.

the

Mr Macarthur made

With regard to Mr Asanuma's

There migh charge during a tense, one-hour prediction

be

verbal exchange with Socialist widespread disorder and agita- Ineiro tion if the President visits Japan Party Chatman Asunuma who called on him to at this time, Mr Macarthur present an open letter to the declured that as a result of his US. President urging him to three-and-a-half years here he call off his trip because of the felt an overwhelming majority current Japanese political crisis, of Japanese are friendly towards

America

The American Embassy, in a on the 900-word statement meeting, sald the Ambassador told the opposition party leader

Japanese news accounts, based on reports of socialists present at the Embassy meeting, said

the letter and the call were Mr Macarthur at times pounded

"primarily for propaganda pur-

poses,"

'UNPRECEDENTED'

Mr Macarthur called Mr Asanuma's action "unprecedent- ed," but added it was not surprising. since he seemed simply to have followed the example of Mr Khrushchev,"

Me Macarthur told NAT Atomuma he hoped he should retract his past remarks that "American imperialism" 'Japan's enemy'.

DEGREE FOR HK MAN

Mr Tue KwRA

Yam (left), HAL -of Mr and Mrs Yue Ching Yam

of 1 SeymONIT

Road, Hong-

kong will n

lor of COET-

COMMENT ON DEFENCE SUBMISSIONS IN

IN TRIAL

Mr Arthur Ridehalgh, QC, Attorney General, submitted to the Full Court this morning that the defence in the trial of Marcel Noel Andre Fleming for manslaughter had put to the jury "a lot of matters which were nothing more or less than pure speculation.”

ceive a Hathe Whatever the trial Judge was called upon to do in his summing-up to the Jury, he was certainly not called upon to deal with matters of pure speculation, Mr Ridehalgh said.

merce

degree

at Assumption University of Windsor, Ont- arlo,

Canada on Saturday,

Visiting

officer

on the table to make his point, sees

-AP.

U.S. 'spy in

was

The

"Mr Asuma said he would not retract the statement," the Embassy said.

the sky' satellite

RASC depots

Brigadier R. A. J. Eggar, Director of Supplies and Transport, Far East Lond Forces, Singapore, paid a three-hour visit to 3 Sup- ply and Petroleum Depot, RÁSC, Argyle Street, this morning,

to

was

itself The Attorney General then went through the Judge's summing-up.

not in Mr Ridehalgh was replying offence

submissions by Mr Brook evidence of dangerous driving. Bernacchi, QC, leading counsel "What the Crown does suggest for Fleming, who is appealing in relation to that failure to stop had against the conviction and is indifference to what three-year

for happened that evening."

·aentence manslaughter of Inspector S Wai-ming.

Mr Ridehalgh referred the Court to the classic definition of a motor manslaughter.

"That definition suggests the element

of disregard, or difference.

Hearing is continuing.

Mr Ridehaigh is appearing jointly with Mr W. 8. Davidson. Crown Counses.

AFTER FALL INTO SEA

From

25

years.

AGO

May, 1935

A well-dressed woman fell The world's largest-aero- or jumped into the sea off plans, the Mazim Gorky) cap- Quarry Bay praya atable of seating more than 100 crashed to its about 3.30 p.m. yesterday, passengers And although she was re- doom near Hoscow on Satur- scued by a Portuguese day. Forty-eight people were carried to their death -- the mon, she died after being largest number ever to die in brought ashore.

The woman, aged about 45, an aeroplane accident.

dressed in a white and

blue cheongsam and high heel shoes, was said to be

Ho Kun-chi, proprietress LAWRENCE of Arabia,

and manageresi brokerage firmi.

of a the uncrowned King of Arabia, is dead. The mystery Witnesses reported that the man of the Great War, the woman came by taxi and only white man ever made a loitered for a long time by Prince of Mecca, died with- the seashore.

out regaining consciousness

theShe was a widow living with after a valiant fight for his

her mother in Seymor life

it hours. son

Mr Bernacchi and Mr Leslin Wright

representing Fleming, on an inaction of Mr Harold Caine.

*The Full Court comprises the Justice, Mr Sustler Acting Chief 1. R. Gregg, and the Acting Pulane Judge, Me Justice K. H. Macfee,

He said the Jury was to try the case according to the evidence and evidence meant facts and inferences that could dzewn

"The test is: did the defendant fairly be

from the evidence.

V show such disregard at the time of the accident? I submit Illustrating his contention, Mr evidence of failing to stop Ridehalgh said Mrs Si's showed disregard for the life evidence was to be accepted that and safety of others immediate- they were two-thirds of the way ly after the accident. That is across the road when they were clearly relevant," struck, then a fair inference would be that they were not:

the struck as they stepped off curb to cross the road.

Not a shred

Criticised

Speaking of the Judge's summiay-up, Mr Ridehalgh said the summing-up had been heavily criticised. He sub-

must be considered as a whole.

that the summing-up

There had been some Lalk mitted them time to time of Fleming having swerved to his offside at the time of the collision.

**There is not a shred of He was accompanied in his evidence of that anywhere- tour by Major. G. E. McLaren to even in the (Fleming's) into orbit Cfficer Commanding the depot

and Lt/Col D. A. Turner, Com-statement from the dock mander RASC, Hongkong.

Cape Canaveral, May 24. United States hurled an experimental Midas "apy in the sky" satellite round the earth today. The 2-ton satellite called The Embassy statement con- Midas is designed to test the feasibility of establishing a net- tinued:

work of satellites to provide al- most instant warning in event of

ballistic missile attack,

"The Ambassador expressed surprise that Mr Asanuma, had adopted the unusual procedure of approaching the Ambassador.

ese

•

The launching, coinciding

"That is not to say that you cannot criticise parts of the summing-up, but these criticisms have to be looked at from the general background of the case: what was the case for the pro- "That I contend is pure secution and the defence, and

the of conduct

trial On arrival he inspected a speculation which should not the

be put to the jury!" Mr generally." commanded by Ridehaigh said. quarter guard,

Mr Ridchaigh said one of the Sgt. P. O'Reilly,

Mr Ridehaigh szid the main suggestions by appellant's visited various sections Including the bakery, Solicitor General, Mr Arthur Judge had not put the case for

cddress to the jury by the counsel was that the butchery, fishery and fresh

the the defence to the jury, Hooton (who conducted I'vegetable depots.

gents Mess.

He endod his visit at the Ser-case for the Prosecution at the trial), had set out the case for Before going to the depot, the prosecution carefully and

visited the fairly.

He

then

directly, instead of the Japan with the United Nations spy

Government, to request

plane debate, underscored A what. in effect amounted to the United States desire to develop Brigadier Exxar cancellation an invitation

ot

the tree RASC supply train to Fanling at which the Government of Japur measures to protect

Tsimshatsui rallway had issued to the President of world from surprise aggression. the

-AP. the United States."

terminal

at Paquerette's

COTTON LINGERIE WEEK

16a Des YouX.

Jamaicas.

Tori-A-Dolls

Shorty Gowns

BTB1257%

tela

He submitted that when the Court examined that conten- tion, they would have to draw 箍 distinction

ir- between

It was the Crown's contention ferences of the fact, and what that the external conditions on might be called pure speculation the night of the fatal accident or surmise, were all in favour of a motorist. Queen's Road was a wide road

and a one-way street which ex- cluded the possibility of dazzle headlights from an oncoming The road was dry and

ના.

car.

Inferences

Mr Ridehaigh submitted that when the full Court considered the submissions on the "sum-

the time was about 12.90 a.ming-up, the Court would have

when there was little traffic.

Visibility good

The lighting was fair and the Prosecution suggested that visi- bility at the scene of the 'acci dent was good for a motorist driving at a reasonable manner and keeping a proper lookout, Mr Ridehalgh said.

Mr Ridehaigh also spoke of the portion of the bodies and articles found on the scene ani. the absence of skidmarks.

Speaking of the force with which Mr and Mrs Si were hii, Mr Richalgh, referred to the evidence of the doctors of the extent of injuries on the couple.

"That again we rely on the- damage of the car caused by the accident, the shattered to the windscreen, damage nourside of the vehicle and of course there is the evidence of the human tissue on the top of the windscreen.”

Mr Ridchaigh also referred to the two accidents in Gorden Road and in Pokfulam Road.

Then there is the question

of the defendant's failure to stop,

Careful

"The Crown and the learned Judge were careful not to over- stress that aspert of the case and point out the mece fact that the "commission of the

to ask themselves whether the trial Judge had omitted to put some inferences of facts the defence had sought, or whether he had omitted to put points of pure speculation.

The boys

are not

talking

United Nations, May 24.

The Soviet and United States delegates today Ignored each other in the Security Council, but Bri- Lain's representative, silting

thest, between

warmly greeted both,

at

Mr Henry Cabot Lodge, the chief American repro- sentative, walked past Mr Andrei Gromyko, Soviet Foreign Minister, to his the horseshoe place tables.

Me

# Low Lodge 11 minutes:

with fidgeting papers, but when Sir Pier- son Dixon of Britain took - his place beside the Ameri- can delegate the two men, who

close frienda, are greeted each other cor- dially.

Meanwhile Mr. Gromykó had turned his back on them to welcome M. Mongi Slim of Tunisia, his right hand neighbour..

Both Mr. Gromyko and Sir Pierson Dixon turned to each other almost simuİ- taneously, iling, ther shook hands, Mr Lodge ignored their exchange. -- Benter.

A Banker's toast

marcial

This picture shows Mr Y. N. Len toasting Tsun-nin Chau after Sir Teun-nin oper Mongkok branch of the Conton Trust and Bank Ltd. Today was also the 30th ann the Bank. Mr. Leo is the Bank's general man China Mail photo,

New fashion house opening

A new fashion house, Fash The new establishments Loner, opens in Kowloon at Far under the co-management of Birs East Mansions, this afternoon. Mimi Wen artist-beauticlar

Hollywood and Mrs Ishbel

Mr Juliet C. Holmes, wife of

ang the American Consul General New York and their daughter Elsie, Mrs Y. And I ha

do write of the Japanese Conmil- General; Mrs. Van Branol, wite

of the Thal Consul General; Mrs Ping Ping-fan; Major and Bry HY Stanley and many others are attending the function,

designer from

Terrace. Her studying in England.

Britain

scores rocket

success

that lasted for 142

Brilliant specialists including Major General J. W. West, honorary surgeon to His Majesty the King, did everything possible to save Britain's hero, but all to nó avail.

Death was caused through con- cussion of the brain,

Last Tuesday Lawrence, pro- ceeding to his lonely cottage in Dorsetshire, where he was in hiding from unwanted publicity, deliberately wrecked his motor cycle in an attempt to avold, a boy cyclist.

The wedding↑ took" "place Canberra, May 24.quietly at the Registrar's Ofice, Supreme Court on Britain's Black Knight roc-

of Miss ket scored a major success Saturday morning

'Kathleen Naomi Graveson tonight by hurtling into and Mr David Smith Hill, space over the Woomers with Mr T. S. Whyte-Smith rocket range and then officiating.

firing its specially instru-

The bridegroom is a mem

mented nosecone back bar of the staff of the Hong- through the atmosphere at kong. Electric Co. top speed.

Mr Alan Hulme, Australian Supply Minister, 'announcing the test, said that on this sixth the Black successful firing Knight had a solid-fuel secont stage arranged. to point down warde, which was fired when the rocket descended to within 70 miles of the earth.

FROM the SCM Post's 25

Years Ago column: The possibility of an early.. start with the erection of a new pier for the Star Ferry in Hongkong makes plea- sant reading, for the ram- The sky over the red Aus- shackle structure, the play- tralian desert was illuminated thing of every succeeding by a brilliant shaft of fire, and

- TREMENDOUS Heat

the earth reflected a blue white typhoon, which has done glow, coming, from the tre- duty for years is no credit mendous heat generated by the to the place. friction of the rocket 'head's The appropriation of 6 sub- roaring plunge through the stential sum towards the erec- atmosphere.

tion of the proposed new pleris Inside

the ndertone instru- a step in the right direction and ments were recording on tape possibly, when the railway is get the melting and wearing away sgoing and the plans of the Gov- of the re-entry head, and the [emment have matured, no time Intense physical forces being ex-will be lost in commencing a perienced, recovery team public Improvement the neces went to the impact area to fetch sity for which has been a by- the cone, which will be sent to vond in the Colony for many England for study-Reuter. years.

This funny world

Wood And

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