1927-03-18 — Page 4

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THE HONG KONG DAILY PRESS, FRIDAY, MARCH 18th, 1927.

FALSE IMPRISON-

MENT ALLEGED.

ENGINEER'S CLAIM FOR

$1,000.

INTERESTING SUMMARY COURT ACTION

A plaintiff appearing at the Summary Court yesterday, before Mr. P. Jacks, acting Puisne Judge, alleged that he had been wrong- fully and maliciously accused of custody. into taken larceny, charged at Kowloon Magistracy, and wrongfully detained for thres hours.

ST. PATRICK'S DAY CONCERT.

IRISHMEN TURN UP IN FORCE.

A SELECTED PROGRAMME.

Local Irishmen turned out in force to the concert held in honour of St. Patrick's day, at the St. Patrick's Club Gordon Road, yes terday evening.

The programme was an excellent obe and the audience heard some really na singing. The Sociedade Philharmonien Orchestra played several selections that everyone en joyed. "Dear Little Shamrock" sung by Mr. J. Mahoney, was re-

The plaintiff was Cheung Choceived with much applause. Yan, an engineer of Waterloo Road. Yaumati, and also a partner in a arm, and he claimed $1,000

SOLICITOR CRITICISES

PROSECUTION.

TREVOR CASE RE-HEARD.

THE SENTENCE REDUCED.

"I have admiration for moet of the Palice, but the method of the Police prosecution in this instance is most extraordinary and unheard afsaid Mr. C. A. S. Russ, yester- day at the Central Magistracy, when the case in which Ernest Trevor, who was convicted on a charge of larceny, was re-heard be- före Majer C. Willson: "It will be recalled that Ernest Trevor was sentenced to two months' imprisonment on two counts of: larceny from the Glenealy Hotel He was charged with stealing some articles of clothing from Mn Leslie E. Haynes, and a revolver frein a

damages from a fellow partner in Little Shamrock," Mr. J. Mahone French lady. He was also fined $30)

a Chinese rope factory, at whose instance he alleged the arrest had

been made.

The plaintiff claimed to be a part

the Hop Fee Company, whilst the

The programme was:- Overture: "Raymond" (Thomas). Sociedade Philarmonics (conducted by Mr. S. Pinna); Song: "Dear Song: Deathless Army," Mr. white; Comic Selection: Mr. J. Bowler: Duet: "What are the Wild Waves, Saying. Masters J. Dillon and J. Reza; Violin Sole: Comedian: Selected, J. Bragas

for the possession of a revolver without a permit from the Palice.

At yesterday's re-bearing. Mr. Russ told the Bench that he was not

ner in the Yu Hing Company and "Sora," Mr. G. Newell; Song: complaining against the decision of Fritz (Mascaque), the Court. From the evidence pro- defendant, Man Wang Sang, also E. G. D'Aquino: Comedian:duced at the first bearing the Court

Worth," Mr. G. Coyle; Song: Gaarancy

La convict.

(Gomez), Mr. G. F could have no alternative than to of Yaumati, is managing partner of the two"above named companies D'Aquino: Character Comedian:

Mr. J Grenham; Selection:

Mr. Büss said that, he had been At the Kowloon Magistracy, the Traviata (Verdi), Sociedade Phil- plaintiff was charged with the lar-annouice; Suit de Salon: "Sara impressed by the defendant's story

(Bohm), Sociedade Phil- ceny of certain rubber rings and bande

The Road to the aud be could do no better than to armonica; Song rollers which were found in his Isles, Mr. J. Byrne: Comedian: ask the defendant go into the Foom when the police made à search. Selected, Mr. J. Bowler; Song at witness box and let His Worship

Garden," The plaintiff stated in Court yes Piano: In a Monastery, Gardent form his own conclusion. Mr. F. Cusaed; Song: terday that the articles were in his lella Nonna (Taquliafeeri), Mr. room for the purpose of being G. F. D'Aquino: Comedian: "Down sturilised by a secret process, which for the Day, Mr. G. Coyle: Song;

could not be carried out works

at the

Mr. D. McCallum appeared for the plaintiff, and Mr. J. T. Prior defended.

Home Across the Sea," Mr. M Lewis; Character, Comedian: Mr. J. Grenham: Song: Selected, Mr. F White: Comic Song: Selected; Mr Kelly; Song: Suvla Bay," Mr. 3. Byrne; Selection: Caval leria Rusticana" (Mascaque). Socie dade Philarmonica. God Save the King.

Eraest Trevor said that he had no idea of stealing the articles in- question. He simply took them be- cause he thought they belonged, to Mr. Haynes and he intended to return them as soon as Mr. Haynes had paid him the money due Defendant said that he to him. lost his head." when he was charged, and he also said that he did not made any attempt to dis-

from Mr. Haynes.

Inspector Fallon gave evidence of searching the plaintiff's room and finding the articles under the bed. He could not say whe signed the He was a partner in both the old pose of,or hide what he had taken warrant or who applied for the and new firms. arrest, as it was handed to him ati the Police Court and he acted on the warrant. He took the plaintiff before the Kowloon Magistrate, and he was bailed out on 850. He I was detained for a little over two

hours.

Question of "Partnership. When the plaintiff was asked by

Mr. Prior remarked to his Lord- ship he might have to ask for an adjournment in order to have the books translated and to investigate the question of partnership.

Plaintiff denied that the new firm bought up the old one, and explain ed that the name was altered be- rause of the addition of one" share. He knew the defendant was a bank hut did not know he was

discharged

Continuing,, defendant said that with regard to the second charge of stealing a revolver from che French lady, it was entirely "mis- take. The bag was left lying in the bathroom next to Mr. Haynes' room. He thought it belonged to Mr. Haynes. He had received per- mission from Mr. Haynes to use the bathroom and he had done so on Defendant fur- several coensions.

Mr. McCallum what his occupation

When Mr. Prior was questioning was Mr Prior said he must object. plaintiff with regard to the secret He asked for discovery, last week, process of sterilising, Mr. McCal lum said it was a trade secret of as he had wanted to find out whe-value, and asked his Lordship to ther an allegation was going to be protect it made that the plaintiff was a part instance. her in the firm to which the goods belonged. He received no answer, so he rang Mr. McCallum up on the telephone and asked whether be had any documents, and Mr. Me Callum replied in the negative, and said he did not think the books were relevant. If the partnership books were not relevant, then Mr. McCallum could not raise the ques tion that the plaintiff was a part ner. Had he known any such

Mr. Prior said that he was pretor Murphy told the Court that allegation was going to be made, he would have gone most closely into Pared to prove that the plaintiff defendant had intended to leave the books. According to his in. could not work on them in his room the Colery on February 27th! Hel

ther stated that he also took the revolver was because Mr. Haynes in that particular owed him. money. He got all the Mr. Prior remarked that he did advertisements for the Ladies not believe a word of the sterilising Weekly," a periodical publish by business. If the plaintiff did not Mr. Haynes, and he had never like to answer the question, then let received more than 83 from Mr. him write it down and submit it to an agreed chemist, who could in Haynes. Defendant continued; “I form them as to whether it was used could not even get stamp money. to post my letter in connection for hardening rubber or not.

Mr. Callum renlied that the next witness he would call was a man with his Weekly, and yet he had who actually took the rubber rings money to buy two pair of shoes." to the premises, and he would say

The' Police Reply. where he got them from and why they were on he plaintiff's premises.

formation, the plaintiff was a part- ner in a certain firm, which was

as nothing eculd be done there.

Defendant's Evidence.

For the prosecution, Sub-Inspec-

went to the Folies to apply for a later taken over by a new firm. It The defendant, in giving evidence. permit for his revolver and declar- was a mest difficult thing to say said he suspected that the plaintiffed that he was single, but, in a whether he was a partner or not, had stolen the articles. In reply report appearing in the Sunday and, personally, he (Mr. Prior) to Mr. McCallum, he admitted that

the thought he was not.

said they belonged to Herald, defendant was said to be a Mr. Prior went on to point out, but he caused a war morried man. Sub-Inspector Mur- the difference between larceny by a clerk or servant and a partner, to be issued because he was not phy added that in his opinion, satisfied. On visiting the premises

He

The rubber rings were the property inter, the articles were not there, added that in his opinion, he was of the new firm, and the real cause but he admitted that the plaintiff inclined to think that the defendant of the withdrawal of the charge was showed him where they were under had got off very lightly; as the sen- the question of partnership. Evid- the control of the Company. ence given against a clerk or ser vant might mean larceny, but not against a partner, as he had. a greater right of control.

Mr. McCallum replied that be had only asked the plaintiff what hia occupation was. He had noth ing to discover and had told Mr. Prior so, and he had not attempted to put any document in." He was entitled to prove orally that the

said he was not responsible for tak-tence provided in the Ordinance for ing the plaintiff to the Police such was 16 years' hard labour.

Solicitor's Criticism of Police. Station, as the detectives did that, Later, the charge was withdrawn. He denied that the trouble "was Addressing the Court, Mr. Rus caused between the old and new said that, however, foolish defend firms, and that he was trying to get the plaintiff out of the new firm ant had been, there is no doubt. he had suffered. Your Worship altogether.

The case was evidentually ad-knows quite clearly what sentence journed until the afternoon..

plaintiff was a partner, and he was At the afternoon hearing, Mr. should be passed and I strongly not going to produce any books. Prior submitted that the defendant object to the way in which the 1t was up to the other side to dis-had sufficient cause to believe that Police are conducting the prosecu- prove he was a partner if they a felony had been committed by the tion," added Mr. Russ. It was

That entitled him to plaintif

wanted to.

F

His Lordship upheld Mr. Me-judgment, and if not to judgment most extraordinary and unheard, Callum, and the cross-examination there was sufficient reason to be for the Police should take it as proceeded.

lieve that a felony had been com- their duty to dictate to the Bench. "I have admiration for most of the mitted, and this should go to com

Police, but the way the prosecution siderably mitigate the damages.

has been conducted in this case, is most extraordinary and unheard of " concluded Mr. Ruse

The Company's Property. Plaintiff, continuing, said the defendant was a managing partner of the same Company. On Febru

False Imprisonment, Mr. McCallum said that it was ary 1st, when he was in bed, the more than 'clear, on the evidence police visited his house and search

His Worship said that he had before His Lordship, that there was considered the case most carefully ed it. The defendant accused him undoubtedly false imprisonment. of stealing the

His Lordship held that there had and that although the defendant Company's pro-.

had given his reason for taking the perty, and asked the police to take been false imprisonment. him into custody. He was taken to Speaking on the question of property the law did not allow a due consideration, way. After Yaumati Police Station, questioned, damages, Mr. McCallum held that man to reimburse himself in that charged at the Kowloon Court, and plaintiff was essential to the firm, y released on bail of 850

in view of the secret process. After Major Willson said that he would. Questioned by Mr. Prior, plain- addressing His Lordship, Mr. Me reduce the sentence. The previous tiff said he did not actually hear Callara asked for exemplary and sentence of one month on each count, to run consecutively would be re- the defendant accuse him, hot the vindictive damages in this case.

His Lordship aid he would conduced to concurrently. The fime of reason he said so was because the defendant came with the police. sider the case, and reserved his 850 for possessing a revolver with-

ont & permit would have to stand, (Continued on next column), judgment,

K. M. A.

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Hongkong Weekly Press.

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NEWS RECEIVED DURING THE PAST WEEK CONFIRMS THE IMPRESSION RECENTLY FORMED THAT THERE IS THE A DISTINCT CLEAVAGE IN KUOMINTANG PARTY.

General Chiang Kai Shek now appears to be taking a definite stand against the extremists and important developments are consequently expected very shortly.

Articles dealing with this phase of the political

situation in China appear in the HONG KONG WEEKLY PRESS published To-day. They will be of particular value to those at Home who are endeavouring to follow the progress of affairs.

The news cabled to England daily arouses interest but this "news is, of necessity, short and incomplete. The details supplied by the HONG KONG WEEKLY PRESS clarify the situation. The WEEKLY, sent Home regularly, will save the time and trouble involved in the attempt to deal with the "China Crisis" in personal letters. This week's issue also contains the full report of the Hong Kong Flower Show and a complete resumé of the present position regarding the proposed War Memorial Nursing Home. These articles will be specially welcome to former Hong Kong residents.

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