1928-06-26 — Page 5

.

RED UPRISING FEARED.

RIGOROUS PRECAUTIONS IN CANTON.

MARTIAL LAW AND SPECIAL PATROLS.

ALLEGED COMMUNIST DEN RAIDED.

}

MOTOR ACCIDENT AT WANCHAI

A LONG POSTPONED SUMMONS.

EUROPEAN LADY AS COM

PLAINANT.

Mrs. Nowell White appeared before Major C. Willson at the

motor-car

Central Magistracy as complain. ant in a summons for reckless (YAGM OUR CHINESE CORRESPONDENT. Į driving brought against a Chinese driver, Kwok Kwai Cheung. It will be recalled that CANTON, June 25th.

Mrs. White was knocked down by For several nights nocturnal 'res-

Bear, No. 422, in Queen's Road tractions have again been enforced

Enst, at Wanchai, on Good Friday, in Canton by the police. The au Mrs. White was badly injured and ber of jatrols has been increased, and all principal thoroughfarės, and strategic points are closely guarded. The armoured cars of the Canton Police are also parading

the maloos at all hours. Belated wayfarere are having difficulty in getting from street to street, and

most of them are searched and questioned. In certain sections of the city people are not even allowed This also applies to all forms of vehicles from rickshas to lorrien

to 1.

Martial law has been strictly enforced since last Saturday, when it was rumoured that the Com munists bad planned another up

rising Aiarilar to the holo- of December last. The Police force were on the alert and houses against whose occupants there was the slightest suspicion were systematically searched and everyone carefully questioned. Mach seditious literature was dis covered in the raid conducted at noon that day on a certain grocery atore in Man King Street. An in- former had told the Police the names of some ten or a dozen Com munists living there and using the store as a rendezvous for "Red"

was taken to the Government Civil Hospital in an unconscious condi- bios. Although the case has been Court it has had to be adjourned on several occasione before the

owing to the absence of the delen dant or of the witness whom he

said he was calling.

Mr. F. E. Nash appeared on behalf of the defendant and Mr. D.

L Strellato watched the proceed

1

on behalf of the complainant.

Mrs, White's Evidence, Mrs. N. White gave evidence to the effect that at about 11.15 on Friday, April 6th, she was coming from Kennedy Road by pathway which leads into Queen's Road E. On arriving at the junction of the two streets she paused and care fully watched two motor vehicles proceed in the direction of Happy Valley.

Having satisfed herself that the traffic from that direction was clear she was "about to look

THE HONG KONG DAILY PRESS, TUESDAY, JUNE 26th, 1928.

OPIUM CASES.

FOUR CHARGES "AGAINST. A WOMAN.

CARRIER FINED $1,000.

'A fine of $1,000, or four months' hard labour, was imposed by Mr. R. E. Lindsell · at the Central a ticket collector Magistracy on employed at the Yaumati ferry- wharf for possession of thirteen teel of smuggled opium. The de- fendant said that he only acted as a carrier and was promised 2 cents for each fuel he helped to smuggle.. Another man who was charged with possession of one task of illicit opium admitted that he was a ear- rier and was fined 873, or six weeks' hard labour,

A third man was fined $60, Dr

in his possession a small quantity four weeks' hard labour, for having

of the drug.

Pleading guilty to a charge of keeping an opium divan at No. 134, Wellington Street, a Chinese woman was fined $30, or four weeks' hard labour, and an additional $25, or fourteen days, for possession of a small quantity of opium.

When Revenue Officer Grimmitt visited the woman's house be found three battles of adulterated wine. The woman was fined 830, or four weeks' hard labour, for possession of dutiable liquor. A fourth charge against the defendant was of posses sion of adulterated brandy which she was fined #100, or six. weeks, the prison terms to run concurrently.

on

A PLAINTIFF. ARRESTED.

SOLICITOR PLEADS PRIVI. LEGED POSITION.

CURIOUS INCIDENT IN CIVIL

"ACTION.

J

JUDGE ORDERS RELEASE.

A Witness's Position. Continuing, Mr. Russ said: "My submission, for which I have a good deal of authority, is that a witness coming to or returning from the Court is absolutely exempt from arrest for any civil purposes. He would not be exempt from arrest for contempt of Court or for a criminal offence, but for the mere 'enforcement of a civil debt it is absolutely illegal. I am asking for bis immediate discharge, from cus.

An unusual incident arose out of¦ tady.”

Mr. Russ further added that a debtor was entitled to go from his house to Court and to return,

a civil action heard at the Summary Mr. Russ then went on to cito Court yesterday before Mr. Justice authorities and said that a' bailif P. Jacks, when a Chinese sued was required to ask the defendant a fellow countryman for the Fre to point out his property and the corery of $55364 for the sale of "bailiff was not to make an arrest a steam winch. The plaintiff was if the defendant did point out his arrested on leaving the Court after property. the morning's hearing at the in- stance of certain creditors, and when the case was resumed in the afternoon, Mr. Russ, who appeared for him, contended that such arrest wis illegal. He argued that a witness coming to or returning from the Court was absolutely exempt from arrest arising out of any rivit cause,

His Lordship asked Mr. Ru53 what would happen suppose a debtor did not go back to his house but went somewhere else!

Mr. Russ replied that if a debror chose to do that he would lose his privilege. A debtor, he said, could keep on walking backwards and for wards as long as he liked and not be arrested.

The plaintiff was Tang Long Hin formerly trading as the Wing Tai firm and now a partner in the Yuen

His Lordship: If I make an Loong firm of 62, Graham Street. He was represented by Mr. C. A. S. order for his release now he may Russ The defendants were the go to Canton and avoid his obliga- Shun Lee firm. Mr. Horace Lotion.

appeared on their behalf The Mr. Russ said that there was no claim was for 8533.64 being balance vidence that the "plaintiff was due on the sale of a steam winch going to do such a thing. In fact for pile driving purposes.

bewus anxious to get judgment for the money claimed in the present

In outlining the case. Mr. Huss said that the plaintiff personally sold the winch to defendants on April 12th, last year. The amount agreed upon was 81,000) and of that INDIAN GUARD SENT TO sum, defendants paid a deposit of

$50 and another $300 on delivery. There were other items which were

PRISON.

in the opposite direction but at this inetaat she was knocked down by the defendant's cür and although she was almost unconscious at once she had just a hazy recollection of ASSAULTED PASSENGER ON set-off against the remaining amount

being lifted into the car. She did not hear any horn signals. After- wards she was told that she was

S.S.

FAT SHAN."

Kapoor Singh, the Indian Guard

and thas left a balance of $553.64.

Mr. Russ went on to say that the defendants knew quite well that the

action.

His Lordship: If he gets this judgment be may be arrested an

diately afterwards.

Mr. Russ replied that that was possible but his present application was that the arrest of the plaintif was illegal and that he was entitled" to go come.

His Lordship: I am not sure how long that privilege lasta

conspiratora. The detectives draw carried some 20 feet by the force who was taken off the s.s. Fat Shan plaintiff was the owner of the Wing and back but he was not entitled to

ress walking down the pathway. She did not stop but continued walking." After the lady was knocked down he rushed to her

assistance.

cordon around the place and of the impact. Mrs. White also every man in the store was arrested remarked that she was very care, and questioned.

Seven persons ful regarding traffic as she came whose names corresponded with from New York City. those written on the police, list were

An Eye Witnesa, placed under arrest and brought

Leung Yip. a Chinese ricksha back to the Central Police Station.coolie, told the Court that he was Other arresta were made, but on

on the opposite eide of the road necount of the secrecy with which at the time and saw the last, wit- these raids were conducted, our correspondent has not been able to ascertain the exact number.

On account of these special precautionary measures taken no trouble of any sort has occurred. In fact the great majority of law abiding people who retire at an early hour do not realise that these restrictions are in force. In day time no restriction of any sort has been proclaimed, except in certain parts of Wongsha where suspected pedestrians are stopped and search- "ed for ärearms. It is expected that these restrictions will be relaxed and martial law, abandoned if no- thing happens for the next few day's.

FOREIGN COMMISSIONER'S THEATRICALS PARTY.

LEADING CANTONESE

PRESENT,

[raq ova CHINESE CORRESPONDENT.]

CANTON, June 25th.

sioner

Witness was evidently puzzled by

Mr. Russ said he was quite auro. tha the plaintiff was entitled to go straight from his home to the courts

wander round, because as soon as by a police launch soon after she Tai firm, and although the writ was he does that he loses his privilege. had left her whaff for Canton on

issued in the name of the plaintiff | It would be an “unreasonable de He is Saturday night appeared before and not in the firm's name, defend viation" from his path. Commander J. B. Newl, D.S.O., ants have had ample time to find in custody in eof your Lord- ship's courta H bas not only R.N., at the Marine Court yester-out who the plaintiff was. Defend beca illegally arrested but also one of his Lordship's day morning for being drunk and ants, Mr. Russ added, admitted that kept in

courts which assaulting a

contempt of Chinese passenger they owed this sum of money to court. named Chau Yik Lam.

the firm but said it was not due to His Lardship said that if he made the plaintiff,

an order for the plaintiff's release Plaintiff corroborated his solicit would not make a very material difference. He would remain ia tor's opening in the witness-box, court under the eye of the bailiff and during the course of his cross but technically he would be free. He would, however, be liable to be examination, Mr. Lo explained to followed directly the case was over

and re-arrested as

8000 as he arrived tome. so sure about that I don't think Mr. Russ replied that he was not they can arrest him again." I think they have taken a step which They cannot arrest a man twice is wrong and they are doomed.

for the same thing. They have chosen wrongfully to arrest the man and I don't think be can be re-arrested. That point however; would come up later.

The complainant having given his evidence, defendant pleaded guilty. Be said that as he was passing the complainant the latter called him a "Molor Kwai" and the defen

dant returned. the rebuke. The defendant then said that the com

the proceedings and did not make plainant struck him on the face and

a very satisfactory witness. Ques-be (defendant) struck back. Defen-it. The plaintiff claimed to have

tioned by Mr. Strellett, he said dant admitted that he was a little that the lady, did not eave the drunk at the time. pavement but was on the side chan- The Magistrate took a serious nel (the curb) when she was knock-view of the case and sentenced the ed down.

Guard be three months imprison- Mr. Strellett: Did she step off ment with hard labour. the channel?"

Witness; "No, as soon as she reached the side channel she was knocked down."

the Court that if the plaintiff had claimed the amount in the name of his firm, his clients would have paid

supplied the goods personally and not as a representative of the firm. Under the circumstances, Mr. L said, his clients had no alternative but to resist the claim, because they paid up, they would have to

As reported in our issue of yes-pay again to the firm, terday while the sa Fat Shan was Questioned farther, plaintiff still within the harbour. limit on her way to Canton on Saturday night she gave four blasts on her Kwok Kwai Cheung, the driver steam whistle. The signal caused

some alarm and a Police launch. of the car. then wald chat at the was soon alongside her. The de time of the accident he had a tendant was then handed over to

The Driver's Evidence,'

friend sitting next to him. He saw the Police.

denied that the winch was supplied to the defendants by the firm.. He, however, admitted that the bill was sent out with the Wing Tai firm's chop on it. He explained that he was the Wing Tai firm and, thers. fore, he could use the chop in any manner he liked,

"If he is wrongfully re-arrested," said Mr. Russ, We shall, of course, claim very heavy damages as they are doing it with their eyes open: If people like to arrest a

wrongfully then it is only I think a sympathetic jury might right that they should suffer for it..

give any amount of damages if they thoose to re-arrest him and they are wrong."

Mr. Castilho, bailiff, replying to his Lordship, said that he was ordered to arrest the plaintiff by plaintiff in the other action.

Messrs. Brutton's clerk and the

Mr. Buss remarked that if a Plaintiff liked to tell the bailiff to arrest people wrongfully he took

c

two velicies, of which one was d lorry, coming in the opposite direc

Mr. La then suggested that an Submission For Datence.

acknowledgment from the defend tion and he slowed down and

Mr. Nah pointed out that it Sounded his born. Suddenly the

was for the prosecution to prove

ants had been taken out of one lady appeared from the pathway negligence. He remarked that the book and put into another book by Dr. Chuo Hsin Chu, Commis- which was partly hidden by the dhe has done all that anybody undoing the binding, This was to for Foreign Allairs of etone pillars of the verandahs and have dose, and slowed down make the transaction appear a per-

for the two on-coming care. It Kwangtung, gave last night in the walked across the road. He could was because of the other two cars sonal one between the defendants auditorium of the Canton Police not avoid her and the front bumper that he hugged the side of the and the plaintiff... Club a theatrical performance in honour of the 70th birthday of his hit her. After he had knocked road with the result that the stone

In answer to further questions, pillars obstructed 'his view, mother. The programme was pre- her down he stopped and took her sented by the celebrated Tai Law to the Police Station.

Mr. Strellett said that the Court plaintiff admitted that the Wing Tai firm ceased to function because was not trying the lady for any the claims of creditors could not Tien Operatic Company, actors of Cantonese opera, Messrs. Ma Shih. witness said that he was a driver vestigating whether the driver had other firm had obtained judgment

Questioned by Mr. Streilett, the alleged faults on her part but in- be met. He also admitted that, an Tsiang and Chen Fai Yung, play with eight months' experience and failed to see how the driver had against him for 1,020 plus taxed further evidence, His Lordship been guilty of negligence, He

ing the leading roles.

The auditorium was packed, every aat bring occupied and bundreds

that se the traffic was very con knocked his client gested at the time he slowed down

F

with such

costs of $131. .:"

His Lordship intimated that, he had better hear, what Mesara Hall Bratton had to say before he made an order for the release of the plaintiff.

A

Judgment For Plaintif The tase in connection with the

Proceeded with, and after bearing sale of the steam winch was then

gave judgment for the plaintiff for 8533.64 less an off-set of $30 which. the defendants had succeeded in proving. Costs was also given to plaintiff up to the time of the ap plication for a re-hearing, and from that time since, costs were awarded to the defendants.

to about 9 or 10 miles per hour, violence i he was going at the

Mr. Lo then submitted that the of persons were standing. In the He said that he could have pulled speed-10.m.p.h-which he himself plaintiff was a fraud," from bu front seats were many Government up in about a foot or so, and that stated. The driver also said that ginning to end and that he had officials, including Marshal Li Tsai he was closely watching the two he could have pulled up within one borrowed money on goods which he Hsin, Mr. Fung Cho Many Commis on-coming vehicles. Winces also or two feet, a claim bardly borne subsequently supplied to the defen- sioner of Finance, Mr. Li Man said that he did not notice the out by the facts. According to the dants. Mr. Lo further suggested Hing, Chief of the Bureau of lady until he had knocked her plans of the mishap the car was that the defendants knew the Wing

Mr. Russ make an application Revenues, Mr. Wong So, Managing down. He denied that he was nearly in the middle of the road Tai firm proprietes, as Tang Ling for costs to be taken out of the Director of the Experimental Muni- speeding at the time.

at the time, and this added to the and not Tang, Long Hin. The amount given in judgment for the tion Factory, and many others.

Corroborative evidence was given driving.

strength of the charge of negligent writ, therefore, was bad in its pre- plaintiff and said that he thought A great number of foreigners and

sent form and judgment could not Mr. Lo would also join him in mak members of the Consular Body on by the defendant's friend who was

Mr. Strellett Snally remarked be entered for the plaintiff in any ing the application, in view of Shameen were also present, includ sitting with him in the car at the that it was his opinion that the case. ing Mr. Brenan, Acting British time of the accident. This witness defendant was bueily engaged in

other claims pending against the Consul-General, Mr. and Mrs. said that he was a licensed driver talking to the friend beside him Olivecrons, Chief Engineer of the and was looking for a job,

in the car, and not paying atten- Mr. Buss told the Court that when Lam Ming, & clerk at the Wan- tion to anything else except por- the plaintiff was leaving the Court minutes for a representative from His, Lordship then waited a few Kwangtung Board of River Con- servancy, Mr. and Mrs. Douglas Chai Post Office, said that he did haps the two os-coming cars,

and was going to Mr. Russ's office Mesire. Geo. K. Hall Brutton & Jenkins, Mr. and Mrs. Wellcott, not actually see the accident but Dr. Ferguson, the Commissioner came out later and saw the lady see the scene of the accident and civil debt in another action, and arrest of the defendant, and as no The Magistrate, then decided to he was arrested on a charge of Co. to come forward to explain the of Customs, Mr. Spalinger and M., being put into the car.

said that he would reserve his that he had been in custody ever one appeared in Court, the plain- Danjou, the French Consul-General, (Continued on next, Column). decision until to-morrow at 2 p.m. since.

tiff was ordered to be released.

the tiffin hour and on resumption, granted.

The case was then adjourned for plaintiff. The application was

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