1928-07-25 — Page 4

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THE HONG KONG DAILY PRESS, WEDNESDAY, JULY 25th, 1928.

KENNEDY ROAD INDECENCY CASE.

APPEAL "HEARD BY FULL COURT.

ENGLISHWOMEN REPEAT THEIR EVIDENCE.

CLOSE CROSS-EXAMINATION.

Ah application for a re-hearing of the case in which Chang Yee Fan, a young Chinese, was sentenced to one month's, hard labour by Major C. Willion for indecent behaviour in Kennedy.. Road on the 21st May, was granted in the Full Court yesterday before the Chief Justice (Sir Henry Gollan) and Mr. Justice Jacks.

Evidence similar to that taken at the Police Court was again called and the case was adjourned before the prosecution had closed.

met with before..

his

ROUND THE POLICE COURTS.

ITALIAN MOTOR ENGINEER FINED.

RECKLESS DRIVING CHARGE.

Mr. J. Giovanni, engineer i Fchange of the F.I.A.T. Garage, was suniraoned before Major C. Willson at the Central Magistracy yester- day for reckless driving on Stubbs Road on July 10th.

Sub Inspector Alexander, outlin- ing the cast, said that the defendant was driving behind a Hong Kong Hotel motor bus in Stubbs Road and at a bend he overtook the bus. At that time two private ears, Nos. 900 and 3, were approaching in the opposite direction, and these dente to avoid a collision with the yehicles had to be pulled up sud.

defendant's car.

The driver of en: No. 000, Colonel called as a witness, said that he was J. S. Bostock, R.A.M.C., who was following car No. 923, being about 20 yards behind, when the car stop- ped suddenly and he had to do the same. Witness understood the ren- son when he saw the defendant's car. overtaking a large vehicle on the bend." wrong side of the road and at the

Replying to the Magistrate, wit ness said that defendant's car was Soing at a reasonable speed" corroborated this evidence and said The Chinese driver of car No. 223

that defendant's speed was between

Italian, explained that he overtook Giovanni, speaking in the bus on receiving a signal from the driver of that vehicle As it of the cars, he asked his Worship was difficult to indicate the position

23 and 30 miles an hour,

Mr.

Application By Orown. and Kennedy Roads they saw the The hearing occupied both the motor-cycle which passed them morning and afternoon sessions and going in the direction of Wanchai, will be continued to-day. Most of She noticed that the rider wore a the morning session was taken up white shirt and brown macintosh by an application on the part of overaile. She continued to walk Mr. Somerset Fitzroy, Counsel for slowly towards Beck B when the the Crown for the appent to be heard a motor-cycle behind her and truck out because the form of saw the rider, the same man who notice did not comply with section had passed them a few momente 101 of the Magistrates' Ordinaner. Lefore, dismount and lean He submitted that the notice was bicycle against the vailings opposite motion for a reversal of decision to a house called the Hermitage such as the Court had no power which stands at the junction o to entertain not for a re-hearing. Macdonald and Kennedy Roads. Sir Henry Gallan remarked that the man overtook them and stand. the procedure in Hong Kong wasing under a lamp committed the peculiar and such as he had never act of which the defendant is Retused. Mrs. Lea, the witness, Mr. Jenkin, Counsel for the de- said that she heard her little girl's fence, emphasised that Section 104 voice and leaning over the railings did not call upon him to set out saw her with her husband on a in the notice of motion anything path, running parallel to Kennedy but the brief grounds of the ap Rond, which joins the road by a peal. He was not called upon to flight of stepe. She shouted to her say that he asked for a rehearing-husband, to come up, and he ran All the Court had to be satisfied of up the steps to her. When she was that it had before it a motion shouted the man under the lamp which briefly set forth the grounds ran and was lost sight of round a of dissatisfaction of the appellant

hend in the road before her hus, Sir Henry Gollan giving the band arrived. The two women and decision and was understood to decision of the Court upon the Mr. Lea stond for about 5 minutes point said: "I think, in the cir- by the bicycle and then went down cumstancce of the case, it would be to Block where the latter phoned. giving too much importance to. a the police. They had met no-one mere verbal departure from the else in Kennedy Road and she had at once identified the prisoner in provisions of Section 104, to uphold the parade of 7 men held at the the objection taken by Mr. Fitzroy, Central Police Station the follow and consequently I think we may

ing morning. treat the notice of motion as one for a re-hearing and follow the procedura subsequently laid down under Section 105."

เ

Thick-set,

to visit the scene.

had had a week in which to prepare Remarking that the defendant his defence, his Worship imposed a fine of 850. He though it un- necessary to visit the place as they all knew it

Mr. Giovanni was apparently dissatisfied with the Magistrate's

protest against it.

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SINGAPORE MOTORIST

SENTENCED.

TWO YEARS FOR MR. S. F. MILLER.

SILENCE OF THE ACCUSED.

“-

"Sixgsport, "July" 18th. Sentence of two years' rigorous. imprisonment was passed on S. T.

(Mr. Justice Sproule) at Miller by the Acting Chief Justice the Singapore Assizes Court, when Mil- ler was found guilty of causing u motor car. The accused had pre- death by a rash art when driving viously pleaded guilty to driving his Lordship said that as the two a motor-car without & licence, but charges were mixed up, he would not sentence him on that count.

The girl, Helen Tucker, who was riding with the accused in the front seat at the time of the ac cident, and was the only witness for the defence, was greatly moved after scatence has been passed and two ether men, who appeared to be relations of the accused, were also moved to tears.

The whole of the morning's hear ing was taken up by the prosecu tion. The jury also visited the

scene of the accident, at the foot

are still visible.

CORRESPONDENCE.

ROYAL COLONIAL INSTITUTE'S DIAMOND

JUBILEE.

TO THE EDITOR OF THE "HONG KONG DAILY PRESS,"]

Srx, As the Hon. Corresponding Secretary of the Royal Colonial Institute in Hong Kong I have been requested by the Council in London to endeavour to obtain as- many new Non-Resident Fellows as possible from this Colony.

Ordinally Non-Resident Fellows" have to pay an entrance fee of scription of £1. 118. ed, but in £1. 1. d, and an annual sub- order to mark the Diamond Jubiles of the Institute, the Council have decided to suspend entrance fees in the case of all applications for membership posted to or received it the Institute before the end of September.

As the Paime Minister, Mr. Stanley Baldwin, said in a recent ressage "the Institute has done. invaluable work in promoting the increase and diffusion of knowledge respecting all parts of the Britisa Empire."

A seaman electrician named G. Aper, of Jacksonville, Florida, was charged before Mr. W. Schoof Anderson Bridge, where marks here will take this opportunity of It da to be hoped that Britons out. field at the Kowloon Magistracy on the road caused by the collision joining the Institute with stowing away on the 8.5. Pre-

13 Non- sident. Grant from Manila. Defen-

fully, Resident Fellows.-Yeurs, faith- dant was discovered in one of the vessel, had left Manila for Hong

H. E POLLOCK. ship's lifeboats a day after the

Prince's Building, July 27th. Kong..

Mr. H. T. White, of the Dollar Steamship Company, was present in Court.

ļ

N.

The accused, who was not legally represented, elected to remain by him was Helen Tucker, who is silent, and the only witness called

connected with the Manild Shows. She said that she and another girl left the Manila Shows in company CLOCK FOR UNIVERSITY- with the accused to go to the Bur Pleading guilty de"endant made lington Hotel. On. the way, they

TOWER. a long statement in which he ex-

met Mr. Petersen and Lr. 1 plained that he had been four Hodgins, who asked them for IN MEMORY OF THE LATE months without work. A friend & lift. At the Burlington the had given him the names of several

other girl left the ear and wit-

SIR PAUL CHATER. gentlemen in Hong Kong who could ness, Miller, Petersen and Hodgins possibly give him work, and he went on to the Egg Club were they asked the Magistrate to give him remained for about half an hour. the opportunity to see them. He At no time during the journey back was willing to pay for his passage did the car exceed 20 miles per from Manila as soon as he secured hour and when the accident occur work. Defendant added that he red it was well on the left side of und served three years during the the road. The taxi driver passed on the wrong side of the larap post and ran into them.

war with the American Army in France.

The Magistrate was informed that the fare from Manila to Hong Kong was $75.

His Worship: But that's first class?

a clock in the tower.

It is hoped that before long the Hong Kong University will have a memorial to the late Bir Paul Chater which is to take the form of

Messrs. Johnson; Master have received a letter from Stokes and the official trustees of Bengal, the trustees of the Armenian Holy Contradictory Evidence. Church of Nazareth, Calcatta, and Addressing the jury, the Deputy the residuary legatces of the estates Public Prosecutor anid that they of the late Sir Paul Chater asking could not believe the evidence given them to forward a copy of the by the accused's witness implicitly, appeal to the Chinese, Chamber of since it was in direct contradiction Commerce and to ask for subscrip to the position in which the cars tions from the Chinese merchants. were found. They had seen the The matter was discussed at the marks on the road and the accident ronthly meeting of the Chinese could not possibly have occurred General Chamber of Commerce near the curb on the left hand side. yesterday. Mr. Li Yau Tsun, the His Lordship, summing up, chairman said that they should urged the jury to reject a good respond as quite apart from this deal of the direct evidence given by token of respect to the memory of the taxi drivers since it had been: Sir Paul Chater. clock in the contradicted by the Chinese police tower would be of practical assis constable. He also described the "tance to the Chinese students there. evidence of Helen Tucker as being A subscription list has been opened. unreliable. He asked them to go

cident. by the circumstances of the ac

Cross-examined by Mr. Jenkin, had seen the man's face she could [Mia, Lea said that although the not describe it. She had gone with Question Of Identity. Mrs. L Leppard to the Police Mr. Jenkin, for

Station appellant,

on May 2nd and went analysed the evidence given before down first to the compound where the Magistrate and argued that the parade was held. None of the there was sufficient ground for a

men had moved while she was re-hearing, Recalling the circum- there. The man she had picked stapces of the case he said that out wae dressed in clothes some Mre. F. Lea and Mrs. L. Leppard what similar to those he was wear were walking along Kennedy Roading now in Court, the other men on May 21st, at about half past had much the same sort of clothes. seven in the evening, when a Chi-

Mr. Jenkin: You told the officer nese riding a motor-cycle drove in charge of the parade from hie into Kennedy Road. from Macdon-build and appearance I believe that nell Road, dismounted from his is the man.”—Yeɛ, machine, walked past ahead of Mr. Jenkin: What is there about them and committed the offence his appearance that struck you?- complained of.

He is rather thickeet for a Chinese. Air: Jenkin said he had no doubt Witness admitted that there were that the ladies were insulted, as other thick-set men in the parade they said, but he would show that but the defendant acemed more the defendant was not the man. so in her opinion. Mr. Jenkin In reply, Mr. Fitzroy pointed out pointed out that witaces had ad- that the defendant was seen clearly mitted she did not see the man's under the lamp by the witnesses. face at the time of alleged offence Mr. White: There is no steerage

Re-Hearing Granted,

and that he was wearing differeas for Europeana.. clothes on the parade, ehe had Opening the afternoon session, therefore relied on hit build in given first class accommodation!

His Worship: Was defendant the Chief Justice said: There is a identifying him. While she was

Defendant: I was treated very rule that the decision of a Magie standing with her husband and nicely. I think I only missed five trate on a question of fact should Mrs. Leppard by the bicycle she meals. I am willing to pay for not be upset except on grounds and eter a which raise a serious question donald Road and had recognised

alan going up Mac- that. to whether he has come to right him as the man

His Worship (to defendant): You coneiuision or not. The reasons for behaved himself because he wo

who had mis can't put up any bail I suppose î the rule are obvious. The magis dreesed in the same way.

Defendant: No sir, I have no trate has had an opportunity of

money. I give you my word as an Hearing the whole of the evidence,

At The Central Police Station.

ex-soldier that I will be here, if not merely being confined to a Mr L Leppard in the witness-

that's worth anything. precis. He has watched the de- box, corroborated Mrs. Lea's story. meanour of the witnesses and has Croes-examined by Mr. Jenkia as also heard the way in which they to what occurred at the Central have given their evidence. But i Police Court on the morning of the thie case we think grounds have identification parade, she denied appeared in the course of the argu- having looked over the verandah ment which Faiso the question into the compound either before whether the Magistrate had came the parade or during Mrs. Lea's to u right decision or not. I don't absence, propose to go into this question Mr. Jenkin: Did you walk right now as it would be rather pre- down the line before you picked judging what we shall hear. We out the man 1-No, I stood in front | Magistracy when the boatman. was have come to the conclusion that of the line and picked him out. there are grounds on which we She had recognised the man by of the drug. ought to grant a re-hearing of this his outine, appearance and fet- Chief Preventive Officer Clarke The rather complicated case of tures, having got a full face view said that the boat was coming from an Indian soldier charged with the as he stood under the lamp and the direction of Wanchai when it larceny of a watch was dismissed ten him in prof. when He passed was stopped by revenue officers. yesterday at the Kowloon Magis her on foot.

The opium was contained in a sack tracy by Mr. W. Schofield. Questioned whether she would and attached to it were a long rope, the defendant who could prove that have recognised him in the street, a heavy stone and a Boss It had Schan Ram, bought the watch from It appeared that the defendant. when he left his son at 6.15 p.m. the latter was wearing the clothes witness replied "I should have apparently bean hauled up from the Chinese for 89 He wore it for a

quite clearly recognised him again water only a short time before. he had on when. arrested at 9

few days and finding that it was The last occasion on which a tiger o'clock. He also wished to call in the etreet."

Defendant, who said that the not working properly, he gave it was reported on the Island was the mother who would tell the she stood, according to her own from another boat at Aberdeen, was

Mr. Jenkin pointed out that, since opium was transferred to his boat to another soldier to take it to about two years ago when a coolis Court that she 'saw her con at 8

n watch-maker for repair. At the working in the Woodlands district p.m. and that he was then dressed account, in front of the line of fined $30,000, or 12 months hard watch-maker's shop, the watch was was attacked and fatally mauled. in the same brown clothes he had she had not been able to get a

men and had not passed down it, labour. -

recognised as one which had been From time to time during the worn all day. Leave to call these

For possession of eight taels of missing from the shop. The soldier last few years tigers have swum two witnesses was granted..

profile view. The witness replied illicit opium, a Chinese employed was arrested and from what he across the Straits, but it is a very that the men 0%

the parade on the 6.8. Chung On was fined 8000, told the Police, the defendant was long time since one has been seen did not stand "like statues they or three months' hard labour taken into custody."

so near to the suburbs as the Bukit were moving their heade and look. Another man from the same. vessel Indischarging the defendant, Timah Golf Course-six miles from

charged in respect of 20 taels of Mr. Schofield said that there was town. opium was discharged owing to it not sufficient evidence to convict. The presence of the cub' is sufficient evidence.

The watch was ordered to be ́return- { mysterious feature, and unless it ed to the watch-maker, who had to achieved the long swim across the pay 82 to the soldier-the price Straits it must either have been which he said he had paid for, the born on the Island or walked

across the Causeway.

cate.

Mother And Father As Witnesses.

Mr. Jenkin (for the defence)

asked leave to call the father of

The Full Story Retold. Mrs. F. Lea was then called to the withere-box. In reply to quesing at her. tions put by Mr. Fitzroy, she de In answer to Mr. Fitzroy, witness scribed the incidents of the evening said: "I stood in the middle of in question. She said that she and the line and pointed out the ma her friend were walking from Wan-without any hesitation." thai to the Kennedy Road quar The hearing was adjourned until ters, at the junction of Macdonald 10.30 to-day,

fendant for three days in police It was decided to remand the de- custody to enable him to see the gentlemen he mentioned.

licit

$20,000 OPIUM FINE.

The scizure of 378 tela opium on board a fishing boat in the harbour was mentioned before Mr. R. E. Lindsell at the Central

charged with unlawful possession

Three months' hard labour was passed on a Chinese who was found boiling opium at Shaukiwan

(Continted on next Column),

After a brief retirement the jury returned and unanimously found the accused guilty of causing the death of Mr. Hodgins by a Fash and negligent get. His Lordship passed Bentence as stated above,- Straits Times.

INDIAN SOLDIER AND A

WATCH.

watch.

SINGAPORE GOLFER'S

WARNED,

TIGRESS COMES TO WATCH THE PLAY!

BINDAPORE, July 18th. Members of the Singapore Golf Club and Singaporeans given to cross-country walks will be well ad- days, since a tigress with rised to gang warily for a féw cub was

seen

.on the Bukit Timah Golf Course, says the Straits Times.

The groundsman telephoned to the hon. secretary of the Golf Club, seen at the fourteenth hole on the that a tigress and a cub had been

course.