1923-08-09 — Page 5

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INDIAN POLICE SERGEANT CONVICTED OF RECEIVING BRIBES.

COUNSEL'S STRONG COMMENT ON A POLICE TRAF.

„A MISERABLE ACTION..

Mr. F. C. Jenkin, Barrister-at-Law, appearing in a Police Court caso yester day afternoon, heard before Mr. C. D. Melbourne, passed some strong, com ments on the actions of Mr. D. Burling- ham (Assistant Superintendent of Police) in trapping a senior Indian Officer of the Force, in the act of receiving "squeeza money from ricksha coolies, who had The infringed the träffle regulations. sergeant was due to retire on.pension at the end of the next month. He described Mr. Burlinghari's action as "miserable." The Magistrate described the case a very sad one" but allowed the defen dant the option of a fine. A fiue of $250 was imposed.

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The defendant in the case was Sher Singh, holding the rank of Crown Ser- geant in the local Police Force. He was charged with receiving bribes whilst on duty. Realizing the gravity of the charge against him and the possibility of the pension being at stake, the defendant engaged the services of Mr. F. C. Jenkin (instructed by Mr. E. W. Corbett) for the defence. (It may he mentioned that it is only on very rare occasions that a barrister appears in cases at the Magis tracy).

The case for the Police was opened by Mr. Burlingham who stated in the witness box that on the evening of August 1st a number of rickshas came to the Centrul Station and reported ber tain incidents. In consequence, they were each given 20 cents marked money and told to infringe the trafic regula- tions outside the Sincere Company Store. on the following day at mid-day by squatting at the side of the road for specified time. The rickshan were to be. played in such a position that they could be seen by Mr. Burlingham and Polien Bergeant Elston, who were to be in hid- ing near by. It was known that the Indian Sergeant. would pass along, this portion of the road and what action he would take would he witnessed by the Police Officers.

Cross-examined by Mr. Jenkiu, Mr. Burlingham said the defendant joined the Hongkong Police Force on the 2nd June, 1903, so that he had over 20 years' ser- sice to his credit. He joined the Police Force from the Military in which he had serred for 10 years.

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THE..., HONGKONG DAILY PRESS, THURSDAY, AUGUST 9TH, 1923.

You are getting "pretty fed up with heing fined-Of course I was feeling "pretty fed up":"

...

The other ricksha coolie (cross. examined by Mr. Jonkin) was asked: If he (defendant) is taken off this duty you will be very pleased about it, won't you? -If he does not summon me I will bo pleased.

And if it is put out of his power to sunumon you, you will be just as pleased

WHAT MERCE. ELSTON SAW. Police Sergeant Elston described to the Court how he was concealed on the first floor of No. 188, Des Vœux Road Central There were five ricksha coalies standing

in Des Voeux Road. He described the passing over of the bribes after which he left his hiding place and went up to the Indian and asked him if he had change of a dollar. He put his hand in his right hand trouser pocket and produced a $1 bill and three 10 cent pieces (produced in Court). Witness turned the coins over in the defendant's hand and pointed out that they were marked. Witness took the money from him and made no com- ment. Witness also secured possession of his note-book and brought him to the Pelice Station.

Witness went on to describe the entries in the note-book and the entries on a sheet of paper" which was found inside the note-book. The sheet of paper was. dated August 1st and it contained 30 entries of ricksha numbers.. Of this num- her on the rough list only 15 were entered in the note-book.

Asked by Mr. Jenkin what inference he drew from the discrepancies in the entries on the bheet of paper and in the note- book, the witness said: The numbers were first entered on the rough sheet of paper and then, I suggest, if the coolic did not pay the money asked, the num Ler was copied in the note-book and the anmmons issued.

DEFENDANT IN THE WITNESS-COX-

ile

The defendant, in the witness box. denied asking for money and said that three coolics offered him money, waved his hand and drove them away. 1e said that at the time, he noted the numbers of the rickshas he saw Sergt. Elston on the verandah. He also noted the presence of a number of Chinese detectives in the vicinity. When Sergt. Elston came up to him his first netion

Sergt.

FIREMEN GASSED BY CHARCOAL FUMES. LARGE NUMBER OF CASUALTIES.

AT A SMALL FIRE

A European Police Inspector and fifteen Chinese firemen were admitted to the Government Civil Hospital on Tuesday night suffering from the effects of gus poisoning and also from burns caused by the gas which enveloped them during their efforts to combat a small fire which broke out at West Point.

The European is Sub-Inspector Hut- He is chins of Central Police Station, suffering from burns on the neck and shoulders, but fortunately, his condition ias not serious. Two of the Chiness casualties are serious. It is-stated that one of the Chinesa firemen is likely to lese his eyesight, whilst the other has heen badly burned about the chest and neck and is suffering from severe shock. His lilo is in danger. Of the remaining Chinese casualties, two were released from hospital yesterday morning and seven others were to be released later in the day.

FAREWELL SWIMMING FETE. V.R.C. SAYS GOODBYE TO MR.

J. R. JOHNSTONE

The farewell night fote given by the Victoria Recreation Club to Mt. J. R. dunston last night was a huge success. Mr. Johustone has for the past few sea- gong been the Club's and the Colony's best swimmer. His departure is a heavy loss to both. Mr. D. Lyon, who has been challenging his position for some time past. now takes his place.

The fete was well supported by the public and the smoothness with which" the affair went off did credit to the organizing abilities of the Secretary (Mr. R. C. Witchell), Mr. Johnstone leaves the Colony by the Empress of Russia to-day.

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After the Awimming events, which were keenly contested; the prizes were distri. buted by Mr. W. Logan. Acting Chair-i man of the V.R.C.

Mr. Logan, on behalf of the committee The fire occurred in the basement of of the V.B.C.. presented Mr. Johnstone No. 15, First Street, West Point, which with a gold wristlet watch as a mark of| is not far from No. 7 Police Station their appreciation of his services to the The alarm was raised just before 8 p. Club, and as a token of remembrance and shortly afterwards the Fire Brigade from the Central Fire Station was on the The Chairman remarked that Mr. Logan syong under the charge of Mr. H. Twas one of their finest swimmers and a Brooke, the Superintendent of the Brigade, and. Mr. C. Moss, the Station good sportsman. He had been beaten, as Officer. Sub-Inspector Hatebins was every one else had been beaten, but he amongst the first to arrive and he pro had always taken his, defeat," in good ceeded to batter in the door leading into part. He had been with the Club for the the basement from which smoke waa

past eight years, during which time he' issuing in largo volumes. It appears that had wate records, and brought home a large quantity of charcoal had been numerous trophies. Some of his most stored there during the day, and the out conspicuous achievements were the win- break is said to have licen caused byning of the Harbour race in 1910; win- coolics using lighted candles to working of the Harbour race in 1920, when with. Directly the door collapsed the he made a new record of mins. 33: naise of a slight explosion was beard winning of the Harbour race for the coming from the direction of the piled third time running in 1921 at the inter charcoal. This was followed almost in- port events in 1821, when representing mediately afterwards by a nish of scald. Hongkong, winning the B80 yards, and ing hot vapour which came through the the 100 yards. open door-way, Sub-Inspector Hutchins was enveloped in the vapour and was severely burned. ile was immediately removed to hospital.

A scalding hot vapour contined to arise from the charcoal. It was evident- of a poisonous nature for it was found that those who breathed it in addition to being scalded, felt themselves being suffocated. In turn Mr. Brooks, Mr. Moss and Sub-Inspector Field of the No. 7 Police Station were overcome with the fumes and collapsed. Fortunately, the

Mr. Johnstone, continued the Chair- man had proved himself an all round swimmer, though he was never outstand- ing owing to the fact that there were always one or two men following eloso on his heels. He hoped there always would be, for the good of the Club. Mt. Johnstone was going to a land, where there were many good swinners, and when he excelled in that country, as the Chairman had, no doubt he would, he hoped he would not neglect to let people know where holeamed his swimming. and that he would not forget Hongkong or forget to let them know what he was doing. (Applause.)

Mr. Johnstone made a suitable reply,

was take away his revolver.

gas was not of a deadly nature and the Elston asked him to produce the 80 cents.

collapses were" of temporary nature. Witness took out of his pocket ar. Moss and Sub-Inspector Field were and 5 cents, stating that it was all he gassed twice, the second occasion being had. Sergt. Elston was not satisfied and more serious than the first, Mr. Jenkin: He could get his pension cot to produce it." He also insisted on..break a hole in the concrete floor above. He regretted that he would be

kept taunting him, saying "You have In the end it was found necessary to his being searched there, but no other the basement in order to combat money was found. One of the ricksha the fire, and from this point the fire coolies was then called over and Sergt.

men were able to get the smouldering Elston, opening the coolie's hand, took charcoal under control. But this was not from it 30 cents.

until there had been a sumber kincse casualties.

at the end of this month 1

The witness agreed.

In reply to further questions he said he could not say off-hand whether any application had been made for the peu sion or not. The defendant, according to the records, was 47 years of age and he could have extended bis service to about the age of 50, provided that he had made no blunders and had kept a good charae. -ter-

Mr. Jenkin: I suppose you knew that he was going to retire at the end of the present month i

The witness replied, that this bad ao effect on the action he took.

Counsel: This man has been highly commended by the Captain Superinten dent of Police on five occasions-He was on four occasions commended by the Captain Superintendent of Police and once, by His Excellency the Governor.

Was this scheme engineered entirely as the result of your own personal activi. ties-Entirely.

W

I think you were at no pains to let it be known that you were going to take this course-Nobody else know except Sergt. Elston and myself and my in- formers.

Later, Mr. Jenkin asked: These rieksta coolics were told to infringe the traffic regulations for this purpose I told them to remain there for some time. They sat down for ten minutes and that was an infringement of the Regulations.^

And you gave them 20 cents each --

Yea

What actually happoned down at Sin. cere's I do not know. I did not see it out.

HOW THE SCHEME WORKED.

The fire itself was only a small affair and the damage is estimated at not more than 8280, this amount being mainly caused by the firemen battering down the door and breaking a hole in the concrete

Asked to explain why he kept the rough sheet of figures inside his uote- look, the defendant said that he had instructions from the previous Traffic Inspector to note the aunibers in a rough book, and when he applied for a summons to transfer the numbers to the official |·floor, note-book. The reason for the balance of numbers on the sheet of paper was that he had not had time to transfer. them to the official book.

This was all the evilence offered.

COUNSEL'S ADDRESS.

SHOPKEEPERS AND DANGEROUS GOODS.

CASES FROM ABERDEEN.

At the same Court Sub-Inspector Lane prosecuted two Chinese shopkeepers for not complying with the regulations set out by the Dangerous Goods Ordinapee. in each case the defendants came from Aberdeen. In the first case the defen- dant, the master of the Yee Sun shop, had a licence to store 10 gallons in an under ground tank. When the Inspector visited the premises he found that the tark had been constructed above the ground. There were two tins of kerosene in the tank and four piled on the top He described it as

thanking the Club for its kindness to unable to swim in the interport matches this year, and boped the Colony would pull off all the events again. He had been very happy and proud to be a mem her of the VRC. and would never for get the sporting treatment he had always received there. (Applause.).

team

The races were concluded with a League polo match between the King's f‘A

The game and the R.G.A. "A" team. was hotly contested, but was of the scrappy description. Lee-Sergt. Jones aponed the scoring for the King's in the first half. Gunner Harris ovened it, and McDade put the Artillerymen ahead. In the second-half Reddick, McDade, and Wood all scored for the R.G.A. Result R.G.A. "A" team 5 goals.

King's "A" team 1 goal. The results of the races follows:

Four Lengths Handicap for Members.- B. Rasmussen, 65.2-5seca. ; 2, J. 1, Stewart, 71.2-3secs."

were

as

Girls Two Lengths Handicap-1, E. Anslow, 50.3-5secs; 2, P. Hyne, 56.3-5BOCS. High Diva (open)I, T. Stewart, 88) points; 2, C. McKenzie, 85; 3, Duncan, 831.

5 Yards Challenge Race-1; D. Lyon, seer; 2, A. May, 45.1-5aces.; 3, Razavet, 13.2-Gacca.

Boys two pretty dangerous

Lengths Handicap.-1, Massambhoy, 27.2-3secs.; 2 Zimmern, 33.4-becca.

Mr. Jeakin, addressing the Court, said it was rather a miserable action to bring a case of this sort against an officer of Buch seniority and of such high record in the service. It seemed a very miserable action to set a trap for a case of such a petty nature at the expense of a great dent of time on the part of the Superin- tendents. He should have imagined that it would not have been possible in there stirring times for high police officials to try and trup an old and meritorious offi cer by engaging "ricksha coolies to bring about his downfall and in order that the defendant might be within the Criminal Law of bribery. That was mean, and its anybody pissing by fight drop a was more especially so in view of the fart cigarette end on to the tins and cause an that in a short time the defendant would explosion. have been retiring to his native country.

Dealing with the evidence, Mr. Jenkin laid stress on the point that the delen- dant was fully aware of the presence of Sergt. Elston, and it did not seem likely that he would take money from a ricksha coolie knowing that the Sergeant was there. He suggested to his Worship that it was just possible that Sergt. Eistou was mistaken in what he saw. In the excitement of the moment, after bringing the scheme to such a successful conclu- sion, it was just possible that his recol lection of what happened was wrong He suggested that the Sergeant was under a misapprehension as to how he came by the money.

ME BULLINGHAM'S 'REPLY.

The defendant admitted the offence and he was fined $25.

Ladies' two Lengths Handicap-1, Miss C. Smith, 40.3-5acos.; 2, Miss Ruby Chu 4seca

In the other case, the defendant, Wong Open Team "Race, two lengths.-1, Hai Tim,"of Woo Pak Street, was said to | V.A.C., 2mina. 22.25secs. ; 2, V.R.C. have stored seven tins of kerosene Mixed Nomination Race-), Miss E shop. He had a amongst the produce at the back of his Bell and B. Rasmussen...

properly constructed tank. In this case Sul-Inspector Lane tank but only six tins were found in the described what he found as a danger to life and property.

The defendant pleaded guilty and he was also fined $25.

WEIGHTS AND MEASURES PROSECUTIONS.

For having a measuring stick which was half an inch under the authoriscil lcugtb, and which did not comply with the ut either, and, u Chinese cloth mer. regulations in that it was not tipped with chant, named Leung Lau, of Hung Hom, was yesterday fined $5 by Mr. C. D. Melbourne.

Evidence as to the actual working of the plot was given by two rickaha coolies. The first was Taug Lo. He said that at 1.45 p.m. on the 2nd he was waiting out side Sincere's for a fare. The defendant came from the West, walking towards the East. He stopped opposite his ricksha and took down the number of his rick bha. He then aid he would take out a summons against him if he didn't give him'money." "He then turned his back. to me, the witness continued, "placed

PLAYGROUNDS FOR CHINESE. his arms behind his back and beld out

The Y.M.C.A. Bulletin saye his hands, palme upwards, into which I placed the 20 cents Government money. Mr. Burlingham, replying, said that it for playgrounds in

Just now there is considerable agitation and 10 cents of my own. He placed the

Hongkong. The money in his trouser pocket. Sergt was with the greatest regret that they Y.M.C.A. is strongly in favour of play. had to bring the case. He agreed with Elston then came on the scene, and, arhis Worship that it was a very sad case,

grounds and play areas for Chinese child rested the defendant who threw the 30 but in spite of the reference made by his the streets where there is continual ren Playgrounds keep children out of cents away. All this happened in Wing learned friend they had to take mesures danger of being injured, they teach the Kut Street, opposite to Sincere's

to pat. stop to this squeezing bust children to good sportsmen, they Mr. Jenkin (cross-examined): The de-

ness which hus, heen going on. Sometime develop healthy bodies, they make for fendant is one of the best detested police ago he warned all the senior officers of good character by teaching honesty, fair officers in the Trafic Department 1-Ho

the seriousness of receiving bribes and is notorious for taking money from rick-told, them that they would be dealt with play, unselfishness, courage and teant sha pullers.

THE PURCHASER." if they were caught with the utmost Play; they prepare the child to be a And, his figure was always about 3 severity. This man had had an excellent good citizen. The ideals of honesty, co- certs-It varied. Sometimes it was 30 record, but had fallen through being the playground he will carry along with Aberdeen, was prosecuted in the same operation; etc., which a child learns on So. Seong, a vegetablo stall holder at rather mercenary Under the circum him when he becomes a man making him Court for having a scale which was ten stances he felt that he must press-for a better business man and a better man per cent, against the purchaser. rather sovere penalty as a warning to among men. We urge any of our mem- Police officers in future.

The defendant told his Worship that on bers who are in official positions or any the day" the, scalo was examined it was who may be asked to investigate the play raining and the rain had upset the bal- ground situation to use their influence ance.

cents, and sometimes 50 cents

And were you prepared to pay the mazium amount of 50 coats -The reason for paying the 30 cents is this; if was taken to the Police Court I might be fined" |

(laughter),

OTIC.

83. It is cheaper to pay 30 cente His Worship said the case was a sud The defendant had served for a number of years with the police and was on the verge of receiving his pension He proposed giving the defendant; the

During the last 12 months he has sam moned you five times have been ranmmoned twice,,

Pput it to you that it was five times-option of a fiue. #3 on each occasion, $15 in all-bave been summoned twice-28-in all

A fine of $250 with the alternative of six weeks' imprisonment was imposed.

The defendant's excuse was that he had only recently taken over the premises at the same itme,. He had not used it. and that he took over the measuring stick

hanging on the wall just by the bales of Sub-Inspector Lane said the stick was

cloth.

TEN PER CENT. AGAINST

in bringing about the establishing of play. Asked if this was possible, Sub-Jasper- grounds in the Colony. The leaders, of tor Lane said the rain might probably tomorrow are trained on the playgrounds effect the balance to the extent of a half of to-day. It is up to you to insist on per cent, but not to such an extent an the right of the child to play and to lay ten per cent under the most satisfactory conditions A fine of $10 was imposed...

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