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THE HONG KONG DAILY PRESS, TUESDAY, JANUARY 25th, 1927.

THE

"SUNNING" PIRACY.

THE CROWN CASE CONCLUDED.

INTERESTING STATEMENTS BY PRISONERS.

LEGAL" ARGUMENT AND OPENING OF DEFENCE TO-DAY.

The trial of the ten Chinese held ( Ship's "Boys" Stories, on charges arising out of the piracy A number of ship's boys of the of the sa. Sunning is drawing to a | Sunning were called in the after close, and very likely will come to noon, and gave evidence as to be an end this week.

ing in the pantry when some men, The case for the Crown, conduct some of whom were armed, and ed by the Assistant Attorney-whom they suspected of being General (Mr. J. H. B. Nihill) was pirates entered. concluded yesterday at the Supreme Court. The Court sat all day, and did not rise antil 6.45, the Pulsne Judge (Mr. Justice J. R. Wood) who is trying the case with a jury, having previously intimated that he intended to sit until the prosecu tion was finished.

The Captain's boy said he was instructed by one of the men to prepare a meal in the first class saloon about ten o'clock at night, He did so, and with other boys waited or six men who partook of this meal. Of the men who were present at that meal, witness picked out in Court Nos. 1, 2, 3, 4, 5, 7 and

9 prisoners.

The Chief Officer's boy gave similar evidence, and identified

PAID NINE THOUSANDS TOO MUCH!

DRAWEE FACES LARCENY CHARGE.

ERROR.

Statements" Of Prisoners. - Three interpreters gave evidence relative to the statements made by the primers when they were charged at the Central Police Station

In them some of the ne cused admitted participating in the SEQUEL TO BANK CASHIER'S piracy; but denied robbing anyone. Others denied any connection with the piracy, and maintained that they were innocent passengers and had been wrongly arrested. Ons prisoner said he was in one of the boats with the pirates, but did not know they were pirates. He left the ship because it was on fire.

"To Save Face."

A KOWLOON NUISANCE?

-OBJECTIONABLE FEATURES « OF SQUATTERS" SETTLEMENT.

LUPORTANT QUESTIONS TO SANITARY BOARD MEETING.

The case in which Lee Yes Muä, manager of the Wan Fung Native

At this afternoon's meeting of the Bant is charged with the larceny of 80,000 from the Bank of Can Sanitary Board, Mr. J. M. Braga, son, Ltd., was again before Mr. R. will ask a number of questions re- E. Lindsell at the Central Magislative to a new Chinese squattörs settlement at Kowloon Tong, and tracy yesterday morning.

the construction, within a hundred yards of dwelling-houses, of a caspool. He claims la objection- able and should be construct- ed on another site, to which the settlement should be transferred, in order that a standing danger to the health of residents and prospective residents may be removed.

Mr. L. R. Andrews appeared for In his statement, No. 30 pris- the Bank of Canton, and Mr. M. oner said "We admit committing. Lo represented the accused.

The case, it may be recalled, was the piracy. We did so to savO, SECO the piracy. We did so to save face that the defendant presented a to the Englishmen. If we had not admitted it we should have lost face, and would not have been here. I did not take anything away, how ever."

In reply questions. by his Lord- ship and Mr. Sheldon, as to what exactly the prisoner had meant by

cheque for $1,000, and in error the cashier of the Bank of Canton counted out $10,000, which the de fendant is alleged to have taken.

When the mistake was discovered,

the defendant was questioned and denied having received the extra $9,000.

This morning legal argument will be tendered by Mr. C. G. Alabaster, E.C. and Mr. H. Sheldon, who are defending the prisoners, and No. 1 prisoner as one the men he saving face," the interpreter re- At yesterday's hearing, Mr. Lo this afternoon the case for the deserved with food in the saloon.plied that it meant they could have asked if the warrant was issued fence. will open.

Yesterday evidence of identifica said he was preparing a meal for

The boy to the Second Engineer shot everyone qa board if they had upon information sworn by "the tion was given by ships' boys of the Chief Engineer when he saw liked, but did not to save face.. the Sunning, and statements made pirates overpowering the Indian His Lordship: It literally means by the prisoners at the Central Guards. He identified No. 2 prit we had not spared the Eng- Police Station were read.

soner. This man had a short fire.

Identification Question.

cashier of the Bank of Canton, and

on learning that it was Mr. Lo

· said :—

arm, which he placed on the lish we should not have been..here, larceny, it was larceny of the

we showed mercy, to them and so did not loss face."

In that case, if there was 2 Bank's money.. 1 am sanguine enough to say that there may be The interpreter agreed that this Warship found that these proceed- further action. Supposing your ings was what was meant.

should never have been "brought, and we wished to take the Civil Court, muit we sue the action for malicious. prosecution in cashier, who, perhaps, is only an impecunious shroff, when the Bank's money is involved?

*The Pirate Leader,

No. 1 prisoner in his statement stated that he was a friend of the leader of the pirates, who had asked him on board to count the

A Chinese seaman giving evid-dining-room table. ence, stated that No. 7, 9 and 14" Frightened To Death." prison were members of a dis

The Chief Engineer's boy remark charged crew from the Cheang On, ed that he was freightened to and were with him in the steerage death "when the pirates made their at the time of the piracy and the appearance, and therefore remain- shooting. He (witness) was arouseded in the pantry until he was or by & commotion at chout four dered by one man to go to his room. clock on the afternoon of Novem-He helped later to serve the pirates ber 15th, and saw "armed men run- with a meal. Witness identified ning to the steerage, none of whom Nos 1 and 3 prisoners as being he could recognise. They did not among these men. Later, said wit-

Mr. Andrews: I might say that say anything to him, neither did ness, he hid in a dog kennel be money for him. He saw this man there is no man of straw behind they search him. At the time there cause he had been told by one of the shot by the Captain. The second these proceedings. I am instructed were nineteen members of the dis pirates to get into a starboard boat. leader left the Sunning in by the Bank of Canton. charged crew in the steerage. Wit

The pantry boy of the first-class

Mr. Lo naked the Magistrate to ness described how, on the follow-saloon gave evidence of a cor-sampan with others.

alter the warrant ing morning, he went on deck and roborative nature and another wit-prisoner) had never been a pirate Shw No. 7 prisoner tied up. The ness said that No. 14 prisoner egin his life. He was forced to istter told him (witness) how betered his cabin and searched his had been seized because he was seen box, but did not take anything count the money for the pirates. speaking to a pirate.

His Lordship: Did you pick out any of the men who had been

arms at the Magistracy:

away.

Adjournment Declined.

At this juncture, Mr. Alabaster be

Ctness: Yes, I recognised one of said that he did not think it would)

the pirates.

His Lordship What was he doing

that he recognised him at the Mr. Alabaster: He has only said Magistracy. He has not said that he recognises him now,

His Lordship (to witness): Do you see that man in Court.

Witness: Yes, he is the No. 8 prisoner. He was armed But I did not see him do anything.

In reply to Mr. Alabaster, wit- Less said he had not seen No. 8 be- fore that day.

Ji

Became Frightened?

Mr. Alabaster:-In reply to the Assistant Attorney-General, you said you did not recognise anyone. I put it to you that when his Lord: ship reminded you of what you said at the Police Court, you bʊ came frightened and thought you ought to say something about Ne.

87

Witness denied this.

Mr. Alabaster Are you aware

that what you said at the Police Court was that. No. 8 was one of the men who came down at the out- set of the piracy?

possible to finish the Crown case that evening unless the Court sat very late. Legal argument, he see, occupy, much time time in the added, would not, as far as he could morning

..

His Lordship: It may take longer than you think.

He (No. 1

When he board the Sunning in the Brat place be did not know that it had been planned to pirate the ship.

A Chan Kwing Ming Officer, No prisoner made a statement to the effect that he was an officer in Chan Kwing Ming's army, and was on the way from Amoy to Hong Kong with a letter for him at the time the ship was plunder- ed. He saw the pirates set fire to His Lordship: I promised the the ship, but had nothing to do jury that they should be free to with anything that took place. morrow morning. They have al- When a boat was lowered he jump- ready been released from attending Court and have probably made their appointments accordingly.

Mr. Alabaster: As far as I can visualise it, it won't be long.

Mr. Sheldon expressed a similar view.

Mr. Nihill I take it my Lord that you will then adjourn until the afternoon.. after hearing legal- argument to-morrow morning.

His Lordship: I cannot tell you yet what I shall do until I have heard the argument At any rate I want to finish the Crown case this evening.

The Court adjourned for a brief interval, "after which the case for the Crown was continued.

ed into it. He did not know the other people in the boat.

Crown Case Concluded. The reading of the prisoners' statements brought the case for the Crown to a conclusion..

not consider such a course to be Mr. Andrews said that he did

necessary as he would press for a committal, in which case the pro- the Attorney-General. secution would go into the hands of;

After lurther argument Mr. Lind- of sell agreed to make a note of Mr. Andrews admission that he was the Bank of Canton. appearing upon instructions from

His Worship set the case for bearing on Monday, next at 9.30

m

SUMMARY COURT.

$300 WAGES CLAIM BY HAIR DRESSER'S EMPLOYEE.

At the Summary Court yesterday morning, Mr. Justice J. R. Wood sat at nine o'clock in view of his the Sunning being engaged in piracy case at a later hour the same morning.

The following are the questions,

which pursuant to notice, Mr. Braga will ask:-

"L. By those sanction and under what by-law has permission, if any, been granted to certain Chinese squatters to construct on recently filled-in Crown land in the district of Kowloon Tong within 4 hundred

yards of dwelling-houses, a cesspool of

.

cement concrete (approximate dimensions 15 by 10), in which human faeces are collected and allowed decompose to serve as manure in vegetable gardens in that vicinity?

. Is it in the best interest of the public headth that a new squat- ters settlement, with its attend- ant objectionable feature mes- tioned in (i), be permitted to be established in a new and growing residential district! fil. In it not possible to obtain an

iv.

other site to which squatters' settlement might be transferred.. and so remove the source of an ever-present danger, to" the health of the neighbourhood? If a new site can be found; will the Government take into favourable consideration the re- moval as soon as practicable of the settlement complained of Stagnant Pools.

v. Will the President be good enough to cause samples of water to be taken by officers of the Sanitary Department from the stagnant pools in Crown Land on the eastern and pestern boundaries of Kowloon Tong and more particularly of a small stream draining into the nullah at the point where it is being covered in below the railway bridge, and have such samples examined for the pre- of any 'matter that might constitute a danger to public health in the district of Kaw loon Tong1

な

sence

vi. If deemed advisable will the President direct officers of the Department to have the stagu- ant pools treated with kerosene oil or other substance calculate ed to destroy mosquito breeding places and minimise the danger of an outbreak of malaria 7

THENING HAI" ASSAULT CASE.

"Madame Alma" (described in the writ as Mrs Macdonald, of 15, Hankow Road, Kowloon) élaimed 8300 in respect of wages from the SECOND OFFICER AND QUAR- World Hair-dressing Saloon, No-

Mr. Nihill intimated that he had no more verbal witnesses to call, but said that he had a number of atatements made at the Magistracy by witnesses who could not be call ed as they were absent from the Colony. Mr. Nihill asked permis- sion to postpone the closing of his than Road, Kowloon. the following morning. He would the defendants. case until after legal argument prefer to leave the reading of such statements until then.

Mr. D. McCallam appeared for Plaintiff called Mr. J. Sterling

Mr. Alabaster replied that legal of Anze" House, Kowloon, and

TERMASTER FINED.

Decision was given by Mr. R. E · Lindsell yesterday morning at the which Mr. Kirkpatrick, second Central Magistracy, in the casein

read out, but witness atill denied were held at the Central Police argument must take the form that Mr. F. Lee, as witnesses, and, in officer of the L. Ning Hui was

the Crown case was insufficient be- fore the defence could be opened.

The Identification Parades. During the afternoon, Mr. T. H. Witness denied that he had said King, Director of Criminal Intel- that.

Witness's deposition, which Mr.ligence, gave evidence relative to Alabaster said he had signed; was

ratious identification parades which

that he had said it.

A tallyman who gave evidence identified Nos. 1, 2 and 8 as active members of the pirate gang He also saw No. 7 prisoner when he parades. was tied up on the well deck. parade, Capt. Pringle picked out ficient evidence until the Crown tiff said she received 860 from the

His Lordship declined to allow Mr. Alabaster to put a question to the witness regarding what was be ing said by the crowd around the No. 7 prisoner.

reply to his Lordship, plaintiff ad. His Lordship pointed out, in mitted an I.O.U. for, the sum of reply to Mr. Nihill's application, 820. that legal argument could not be advanced on the point of insuf Answering Mr. McCallum, plain

Case was closed.

summoned for assault by the Chin- eso Quartermaster of the same vessel, and a cross-summons was brought against the complainant by Nr Kirkpatrick for assault with a stool. In connection with this second incident, Capt. Tinson, master of the ship, brought a

Station, and which were attended at by the various witnesses called by the Crown in this case. No. 20 prisoner was not on these earlier Mr. King stated that at this Nos. 2, 3, 4, 6, 7, 9 and 14 prisoners. Mr. Hurst picked out Noa 1, 2, and 4 prisoners; Mr. Duncan

defendants to buy stock, and the Mr. Nihill: I thought legal NB and prisoners, and argument would be on the explers goods would arrive on February the Wireless Operator Nos. 3 and 5. tion of certain avenues.

3rd Plaintif produced One Hundred Per Gent,

His Lordship It will be part-stamped receipt for the money. prisoners. Mrs. Anderson, the lady Mr. Sheldon: Did you identify passenger, picked out Nos. 2,3, ly No. 3 at the Magistracy Witness: 4 and 5 prisoners. This lady also Yes, I said I identified him from stated that it was No. 6 who took

} her raincoat. Mr. King then went argument on this point, and that ment and was entitled to receive and the Quartermaster was repre

-- Mr. · Nihill ̈ submitted that be His Lordship held that the plain- could close his case after legal tiff herself terminated the employ identify him now? Witness. One who had been picked out by Chin on the point of insufficient evidence, much do you to recount the various prisoners legal argument could be readmed

40 to 60 per cent.

Mr. Sheldon: How

hundred per cent.

Are you sure you said forty to fifty per cent. at the Magistracy

Yes,

Did you not say 30 to 40

cent. I have forgotten.

Per

ese witnesses.

Cross-examined by bir. Alabaster, Mr. King said that No. 8 prisoners was present at all the parades, but was not identified by Capt. Pringle The 30th witness (s Chinese) was There is a big difference between at the identification parade, time 30 to 40 per cent at the Magistracy, on November 24th. He had also and 100 per cent. nowt-Yes, but appeared at two or three other I have had time to collect my parades as a ́suspect. › » thoughts since then.

So that is the reason, your thoughts were not collected dare not say he was the галд straight out then.

You do now -Yes.

The "Cheung On" Party " Mr Alabaster. He was one of the Cheung On (Philadelphia)

party 7.

Mr. King: Yes.

evidence. The head cabin boy to to that party-

Other members of the crew gave of the original defendants belonged Mr. Alabaster: Quite a number

the second-class accommodation Mr. King: Yes.

said that one" of the pirates "enter-

afterwards.

Mast Class First

His Lordship held that the Crown case must close before legal argu- ment was tendered, and also point ed out that he had promised the jury that they should have the morning free.

Mr. Nihill: I should like to

know the line of which legal argu- ment will be watc

Me Sheldon We will give you the answer to that when the Crown

CRBC cipner

counter-summons in the interest of ship discipline.

Mr. M. M. Watson appeared for Capt, Tinson and Mr. Kirkpatrick,

663,87, only, that being for thirteen sented by Mz. Somerset Fitzroy days' pay at rate of $200 per month."

In giving his decision, Mr. R. Of that sum the 220 of the LOUE. Lindsell said that as regards would be deducted, leaving the first summons that in which

His Lordship granted a stay of execution in respect of 850 until the quartermaster summoned the the ordered goods had arrived. Second Officer-he had come to the conclusion, that there must have been some sort of assault by the

UNAPPRECIATED LOVE OF Second Oficer and that the subse

HONG KONG.

BANISHEE TO BE BILOHED AND IMPRISONED.

quent attack by the quartermaster was not entirely unprovoked. His Worship Sned the Second Officer 820, and in dismissing the cross summons, found that although the fewer than six times under the over the matter, he had put himself Said to have been sentenced no Second Officer had been in the right Banishment Ordinance since 1918, Chinese showed his liking for the in the wrong by committing some Colony by returning to Hong Kong sort of assault. At the same time, portation on January 4th master had deliberately picked up the seventh time since his recent de- it was also clear that the quarter- He was brought before Mr. T. W. this stool and made a gross attack

His Lordship, replying further was no secret on the matter of the to Mr. Nihill, agreed that there legal argument, but he maintain ed that no argument should raiso ed the saloon and fired two shots say that all the Cheung On party

His Lordship: Do you mean to until the Crown case closed.

Mr. Nihill, decided that he would at the floor to frighten the crowd.

were put in the parade as suspects 1 nat reat the statements in ques Mr. King: Not all, but a number tion, and closed the case for the Another cabin boy, who identified of them, Nos. 1, 2 and -5; said that he gavemination, Mr King said that 6.45 p.m., until 10,30 this morning, Ainsworth at the Kowloon Magie with it on the Second Officer! It' No. 1 some opium which the pirate smoked in No. 16 cabin. Two other four wrong identifications were when legal argument will take tracy yesterday morning, and was was Mrious breath at disipline men were there and one, No. 2, was made. One was by Capt. Pringle, place. The jury were released until sentenced to twelve months hard on any ship, and on that count his drinking from a bottle of whiskey and one by Mr. Boatly, the Chief two o'clock this afternoon, when the labour and twenty-four strokes of Worship fired the quartermaster which witness opened.?

Officer.

case for the defence will open t the birth

Opium And Whiskey,

In the course of further

-09013

Crown

The Court then adjourned, at

2007