1926-12-15 — Page 4

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THE "SUNNING” PIRACY

CASE.

FURTHER EVIDENCE, BY CHINESE PASSENGERS.

JEWELLERY, MONEY AND CLOTHING STOLEN.

ARMS THROWN OVERBOARD.

na she had not seen it since. -Witness "later identided certain jewellery pro

duced in Court as her property.

Later thres armed men entered hor cabin. Witness was wearing two gold rings, to which the pirates pointed. She could not identify these men. She took her rings and the men then made signa that they wanted her neck chain, but she had previously given this to the steward. Pirates Identified.

Witness went on to relate how she was compelled at a later hour by other pirates to open her trunk, which the in- truders promptly proceeded to ransack. At yesterday's hearing of the case Mrs. Allison identified No, & accused sa one of the men who visited her cabin, against twenty Chinese on charge and also said that No. 3 accused took arising out of the piracy of the way her raincoat. and overcoat. Wit- Sunning, witnesses were disposed of withness saw other armed men taking a meal, more rapidity than at the outset of the and heard others conversing in cabin

No. 16

C490.

Yesterday three witnesses were beard, and the evidence of a fourth was nearly completed when the Court rose. There were two sittings, from 11 am to 1 ps and from 2.30 to 5.30 p.m.

.u

In cross-examination, witness said she

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RACECOURSE FIRE VICTIM'S WILL

Witness went on to relate bow with other passengers aho was forced by, No. 1 accused to the saloon deck, but added that she bolted and escaped down into It is understood that between fifty and the steerage. Witness also identified Nos. sixty statements have been taken by the 3 and 30 accused as being men whom police, but it is not likely that the authors the saw with arms. The second accused of all these will be called by the Crown. visited ber cabin but went out again with- Probably about forty prosecution wit out taking anything. The third accused went to her cabin, but witness went out nesses will enter the box and this case

and did not see what he did while bo will undoubtedly be a record "one for

was there. The twentieth accused soarch- Hong Kong, both on account of the num ber of witnesses, and the time the hearing ed her belongings in the cabin, of the case will occupy.

BENEFICIARIES WIN. The witnesses yesterday, with the ex-personally saw between fifteen and twenty If she met the reat in the street ception of one, were passengers, and n

Before Sir Henry Gollan (the Chief Chinese lady passenger, described how she might be able to pick out two of her belongings were searched by the pirj Witness on being further questioned by Justice) at the Supreme Court yesteT- Mr. Lindsell, said that there, was a pirate day, the will of Mr. Albert Ahwee, who on board like No. 8 accused, but she lost his life in the racecourse fire on Feb did not now think that the sixth accused ruary 26th, 1919, formed the subject of an was that man. The sixth accused is the action, when three of the residuary man to whom Mr. Lo referred at the legatees claimed 89,269.97 from Mr. Luke outset of the Magistracy proceedings. Albert Chanson, one of the executors ap- The claimants were Mt. Henry William when he stated that this man was of good pointed under the will, character and would be vouched for by various Chinese gentlemen, and that he Abwec, Miss Julia and Miss Irene Ahwee; had been engaged to carry out work in and they were represented by Mr. H. G. connection with grave of the late Mr. Ho Sheldon (instructed by Messrs. Wilkinson

& Grist).

pirates.

them

ates, and how morey, jewellery, and clothing were stolen.

The Chinese stevedore of the Sunning described how he and the 19th accused (the ship'a carpenter) were forced to help a number of the pirates to lower a boat, and were compelled to accompany them in it. He spoke of the dumping over board of the arms, when H.M. Bluebell was sighted, and how he and the ship's carpenter were compelled to take money from the pirates, thus taking away in- criminating evidence from then. It was

What is a Stevedore? the fact that he was found in possession.

The next witness called was the of $1,000 that has led to the 19th accused appearing in Court. From what tran-ning's Chinese stevedore.

Asked what his occupation was, witness spired at yesterday's hearing, however, this man, against whom there is only this replied in English a stevedore, and added evidence of possession of money, will something else in Chinese. probably be discharged to-morrow.

The Crown Solicitor, Mr. B. K. Holmes, is prosecuting, whilat Mr. Leo d'Almada is defending the 2nd accused, Mr. M. K. Lo the sth and ten others, and Mr. J. A. Gordon Leask the 19th accused.

Fook.

The defendant did not appear, and Mr. Sheldon asked for judgment in his Stabsence.

Some question arose as to what he had said in Chinese, and Mr. Lindsell re- marked:He called himself a stevedore

JUDGMENT REVERSED,

QUESTION OF DISTRAINT ON A WIFE'S PROPERTY.

COURT OF APPEAL DECISION. The property of the wife of a debtor- rant. Such was the decision at the Court is not protected under a distress war- of Appeal yesterday when a judgment of

case was one in which the parties were Mr. Justice Wood, was reversed. The Wilkie Lum of the Wing On Co., Ltd, and Mr. W. R. Simpson. Under a distress warrant the former had seized Mir. Simpson's property, but the latter's wife claimed the property, and the Puisse Judge found for her. The appeal was lodged by the defendant in the original action, and this has now been allowed.

The Appeal Court comprised Sir Henry Gollan, (the Chief Justice) and Mr. Justice Wood (the Puise Judge),

Mr. Sheldon said that a statement of defeuce had been filed by the defendant from which, said Mr. Sheldon, it could be drawn that defendant admitted having had so much, money from the estate. No Reviewing the case, his Lordship said agreement could be read into the terms that Mr. Eldon Potter K.C., who appear of the will that he was entitled to 5 pered for the Wing On Company, had argued that the Puiane Judge was wrong in English quite plainly, whatever decent. as defendant had claimed..

The will was read cad proved by in holding that section 21 of the Ord!- said in Chine. He calls himself a steve-

1 bave never Counsel and his Lordship remarked that nance affected the rights and liabilities dore," whatever that is

posed to be.

der sections 15 and 18 of the Ordinance; bis. contention.

After evidence had been given by Mr. and contended that section 21 was merely passenger who gave his evidence on Mon--Proceeding with his story, the steve- day afternoon) was re-called for cross-dore identined Nos. 1, 3, 4 and 5 accused George Emmanuel Ahwer, son of the de-a procedural section and that the words at its commencement "The debtor or any examination, and, in reply to Mr. as being among the pirates on board. ceased, and Chan Ng Shi, widow, as to d'Almada, he said he did not see No. 8 All these men, said witness, had fire-receipt of the share of the estate under other person alleging himself to be the defendant.

arois. When witness heard of the fire, the terms of the will, his Lordship gave owner of the property seized under this Ordinance" conferred no further rights he rushed in a panic up to the poop judgment for the plaintifs.

upon such person, but were only words deck where he found the ship's carpenter,

of description indicating what persons, the 19th accused, the Sunning's fitter, and Nos. 1, 3, 4 and 5 accused. There were

A Chinese witness (the second-cine / known yet what a stevedore is, or is sup- the ocus was on the defendant to prove conferred upon a landlord or tenant un-

Dead Rodles.

Mr. d'Almada asked witness if he was asked to identity some dead bodies.

Mr. Lindsell asked what dead bodies he meant. He understood the only one

was the charred remains of ene which had been burnt.

Mr. H. K. Holmes for the Crown said that was correct: No dead bodies were brough; back.

In reply to another question, witness said he identified three men.

Answering Mr. M. K. Ls, witness said he saw a boat being, lowered before they fought the fire and after, that the fring ceased. He was given the impression that there were then no more pirates on board and he was still of the opinion that after that boat had gone no pirates were left on board.

other mea thers unarmed, and these in- A GREAT DEAL BETTER THAN addition to the debtor, were entitled

eluded Nos. 2 and 6 accused.

Witness went on to describe the escape of the pirates from the burning ship in one of the boats, the port side boat, and said that he and the ship a carpenter assisted in the lowering of the era.t. Neither he nor the 19 accused were allowed by the pirates to leave the poop.." tte and the 19th accused rowed the toat.

Mr. Holmes: Did the 19th accused help because he wanted to, or was he made to

Witness: He was made to, as I was.

MEN.

to apply under the section.

In support of his contention, Mr. Potter had pointed out that, otherwise, "Women now-a-days often understand a person who obtained a warrant of a great deal better than mea," remarked distress, under which a distress had been Mr. R. E. Lindsell during the continued properly made under section 15, might be heuring of the Sunning piracy case at the made liable to pay-costs under section Central Magistracy yesterday afternoon. 28, because the Court came to the con- The remark acrose while evidence was clusion that the claimant was in fact the being given by Mrs. Allison, a Chinese owner of the goods seized. lady passenger on the Sunning, and the Interpreter had stated, with regard to a question put to the witness, that being a woman she was very much frightened, and she did not understand.

"THE PIRATES OF PENZANCE."

PERFORMANCES GOING WELL.

Duties of a Baili.

"In my opinion," said the Chief Justice, section 15 of the Ordinance in its unqualified meaning directs the bailif to distrain upon all movable property found in or upon the house or premises named in the warrant of distress, which are in, the apparent possession of the debtor, or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of rent, together with

"Arms Thrown Overboard.. Continuing his evidence, witness said Another Passenger's Story,

that ten left the ship in the boat. This The next witness called was a Chinese number included eight pirates, the ship's druggist who said that he occupied cabin carpenter and himself. Witness pointed No. 19 with another passenger. His aunt out Nos. 1, 2, 3, 4, and & accused as was also a passenger, occupying cabin being among the pirates in the host. No. 22 Shortly after 4 o'clock, witness Another of the pirates was not present The performances by the Philharmonic costs of the distress. Subject therefore heard two shots fired outside his cabin in Court, and another jumped overboard Society of the Gilbert and Sullivan to the conditions therein specified, it door. He at once went to his aunt's when. H.M.S. Bluebell appeared on the Opera, The Pirates of Penzance" have would be the duty of the bailiff to seize cabin. They were both very frightened. scene.

shown a decided improvement since the the movable property irrespective of any Witness saw a number of pirates going Witness said that when the Bluebell opening night, and the performers are consideration arising from the fact that into the after-house, but could not iden- was sighted there were two rifles in the making more and more success of their the debtor was not the owner of the pro

perty but that somebody else actually" tify any of the prisoners in Court.

It is a pity, however, that the audience was Mr. Holmes: Was anything taken from boat. No. 5 accused suggested that the parts as the production continues.

rifies should be dumped overboard, and

"But the meaning of section 15 is not you -Nothing from my person. All my this was done. No. 4 accused banded on Monday night was so poor, in view belongings were in my cabin. I lost most over $80 in bank notes and asked witness of the quality of the performance. It is unqualified; section 18 specifically men- of the contents of two leather bags and to keep them for him. Witness put the to be hoped that there will be a better tions certain categories of property which notes in his pocket. No. 1 accused hand-attendance for the matinee this, after-are not to be seized by a bailiff under a Continuing, witness said that about ed 91,000 in astos to the 19th accused, noon at 1.30, and again at the concluding warrant of distress, and it is clear that, midnight he beard more sounds of shoot Witness did not see any silver in the shows on Friday and Saturday evenings. if a distress were levied upon any such ing. He was driven on to the saloon boat. Apart from the riiles thrown over- Among those present in the audience property, the owner would be entitled to deck with a number of other passengers, board, about four short firearms were on Monday night were H. E. the Governor apply for and obtain an order for its but managed to escape into the cook's also disposed of in the same way. A and Lady Clementi, Commodore and Mrs. release under section 21.

rope was thrown from the Bluebell, and Pearson, Capt. C. H. Steele, A.D.C., Sir |* Witness identified the 20th defendant, I witness caught it and made the boat fast. Henry and Lady Pollock, and several whom, he said, be thought he saw stand. Witness was the first person to board the Naval Military and "Air Force, and ing near the hatch cover. He said, "Bluebell, and was immediately tied up Volunteer Corps officers. am the officer" directing operations here." He carried a short firearm.

8188 in notes.

room.

A Clever Disguise.

Cross-examined by Mr Lo, witness said that he ceased to be frightened after tak- ing refuge in the cook's room, where he took off his coat and disguised himself

as a cook

Mr, La Do you know

about anything the hosts leaving?-I saw one lowered Boon after the fire started-

Mr. Los Did you see whether there were any men in it 7-1 could not see. There was a wind and a high sen

Mr. Lo: Did you assist in putting out the fire Yes, I had my hands cut.

Mr. Lo: And you believed then that all the pirates had left the ship 1-Yes Mr. Lo: Do you still believe that

ZEB

At this stage the hearing was adjourned until the afternoon.

Belongings Searched.

Mrs. Allison, a Chinese, lady. passenger

and searched."

Accused Recognised..

Wife's Property Not Protected. "The property of the wife of a debtor which does not fall within any of the provisions of section 16 of the Ordinance is not protected from seizure under a distress warrant, and falls under the general rule of law contained in section

Describing the weather conditions while all the evidence we have against No. he was in the boat, witness said the wind la. With the notes were also found 844 16 that all property found in or upon small cash. I have had the greatest warrant and in the apparent possession and ses were high. The boat became in silver and a fairly large amount of the house or premises mentioned in the half full of water, and they had to resort doubt about the case as regards this of the debtor is subject to bo distrained to baling.

Witness then identified certain of the accused, and his case had been consider upon.

In my opinion, therefore, the order. ed in several quarters. It was felt, that the evidence of the stevedore should be of Mr. Justice Wood directing the release accused as being steerage passengers on the Sunning. He pointed out the follow-given up to this point. Both this man of the goods in question in these proceed. ingNo. 7, 9, 10, 11, 12, 14, 15, 16, 17 and the carpenter were forced to leave ings to the claimant and that the ap Mr. Lindsell: Why were you willing the Sunning with the pirates, and were pellant should pay the claimant's costa any act on board the ship is concerneded for the plaintiffs with their costs upon to relieve No. 4 of his things and take the compelled to take the money. As far as should be set aside and judgment enter- evidence of his guilt on yourself1

Witness: I was afraid he might shoot we don't pretend for a moment that this the hearing under section 21 of the Ordi- me if I refused to take it. He still hadian had anything to do with any act nance and of this appeal."

of piracy, his firearms then.

and 18.

Mr. Lindsell: And with a British man-of-war coming up you were still afraid he would shoot you

Witness: She was still some distance

away,

Mr. Lindsell: On the Bluebell did you on the Sunning, vas the witness-tell anybody about this money! box most of the afternoon. She said I was searched when I got on board, that she was travelling second class and it was found on me.. About 3.45 p.m. on November 18th she heard a commotion and looking out of. ber cabin she saw two arms brandishing revolvers at the grillen

* No Evidenco, Mr Lindsell: I will remand him in custody for one more night, but in view of the evidence of the stevedore I don't think we can hold him any longer.

Mr. Holmes: As soon as this witnesa finished I will ask your Worship to consider the matter. If you do not find there is a prima facie cose, then I hope that No. 19 accused will be discharged.

Mr. Lindsell said he would wait until the examination of the stevedore was completed,

At this juncture, the evidence in chief of the stovedore having been, concluded,

Mr. Justice Wood, who, together with the Chief Justice, constituted the Court of Appeal, concurred with the judgment delivered by the Chief Justice.

Mr. Elden Potter, K.C. for the plain- tiff) was instructed by Messrs. Hastings Dennys and Bowley."

NEW FIRE STATION BUILDING.

The Ship's Carpenter, Mr. Lindsell: Beyond the fact that the carpenter was found in possession of Becoming very frightened, she remain. this 31,000 is there anything else against cd where she was and did not see any him? armed men. Acting on the compradore's Mr. Holmes: That is the only thing the Court at 5.30 adjourned until to-ing opposite the Central Market, advice she banded one gold sad. jade against him, I was going to point out, morrow morning at eleven o'clock, when chain, two gold bangles, and 8250 in to your Worship, after this witness's the stevedore will be cross-examined. The bank notes to a steward. She did not evidence had been given, that this was accused were again remanded and escort

ed back to gaol. (Continued on nezt Column). know what happened to that property,

The Secretarist for Chinese Affairs will be removed during the Christanas holidays from the present offices, in Beaconsfield Arcade to more commodious premises in the New Fire Station build- The offices of the Education Depart ment and the Imports and Exports De- partment will also be removed to the new building.