1928-07-26 — Page 4

4

A new Sam

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GRAND TATTOO

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[8943

JUDGE CRITICISES IDENTIFICATION -

PARADE.

LETTER OF REGULATIONS NOT OBSERVED.

2)

POLICE OFFICER WHO TOOK NO NOTES.

KENNEDY ROAD CASE AGAIN

ADJOURNED.

When the re-bearing of the enee in which a young Chinese from a well-to-do family is charged with having indecently exposed himself in the presence of European ladies at Kennedy Read on May 21st, this year, was resumed before the Full-Court of Appeal yesterday, Mr. F. C. Jenkin, for the appellant, closely questioned the police officers in charge of the case. The rules under which identification parades are held were discussed and in this parti cular instance, the police were found to have deviated from the usual procedure.

The proceedings are being heard before the Chief Justice. Sir Henry Gollan," and "the Puisne Judge, Mr. Justice P. Jacko. Mr. F. C. Jenkin is for the appellans and Mr. H. Somerset Fitzroy for the respondent. It will be remembered that at the Magisterial proceedings, the defendant was sentenced to month's imprisonment by Major C. Willeon, second Police Magis- tente. It is on account of this decision that the case is being re-heard.

1

:

Mr. Jenkin: Bat what made you recollect that the defendant did not have a hat at the timal-Because it was an out of the way case, and also a serious one that made me take special note of details.

Mr. Jenkin: You also said that the defendant's wife came to the station-Yes.

I

Mr. Jenkin: How was the dress- ed-In a semi-European way, mean she had on's sort of Chinese blouse and a European styled skirt.

Mr. Jenkin: You have been in the Force for nine years, Sergeant,

I now put it to you that you have never in your experience heard of a case of this sort -Not where a European lady was concerned.

Mr Jenkin: Have you ever heard of a case, I mean, where, a man of the same social standing as the defendant, insulting Chinese women in this way No, sever.

Mr. Fitzroy then told his Lord ships that that was the case for the prosecution.

Most Unsatisfactory. Sir Henry Gollan: Mr. Fitzroy, -I think have expressed my

opinion more than one

once that an officer in charge of an identifica tion parade is a very material wit- nçes and that the general rule should be that that officer be call. Sergeant Flattery in his evidence | Mr. Jenkins. Of course, that isled. Even in indictment cases, said that he was called to Kennedy an important factor t-I haven't have known caces where the officer in charge of an identification par- Road on the evening in question. hoard of a case.

ade was not called. This is most He was accompanied by Sub-Insp. Mr. Jenkin

Have you ever unsatisfactory and should not be Smith and Chinese detective. known & Chinese to conduct him left to be brought out in the way

it had been in this case. When they got to the junction of self in this way for the purpose of Macdonnell and Kennedy Roads, he insulting European Indios 1-No. found a motor-cycle there, No. 879. Mr. Jenkin: It therefore follows Sab-Insp. Smith then drove the that when you embarked upon this case you had met a case that, was motor-cycle to the quarters of the unprecedented in your experience? two women" complainants Mrs. Lea→Yes. and Mrs. Leppard-which was in the "B" Block of the married quarters for military men.

Witness interviewed the two ladies till half past nine, and when be came out, he found the defer- dant by the side of the motor cycle over which the Chinese detective had been on guard.

Evidence From Memory. Cross-examined by Mr. Jenkin, witness said that he was quite positive ae to the time, because he had looked at his watch when he ea defendant standing by the side of the motor-cycle.

Mr. Jenkins Do you agree that you told the Magistrate that when you arrived at the cycle and saw the defendant it was about 9pm.? -I did not. It was about 9.30 p.m. Mr. Jenkin! You told the Magis trate it was about 9.30 pm, and he has written down about 9 p.m. 1

Yes.

To further questions about the time, witness said that he cer- tainly looked at the clock in the charge room when he was called out, because that was a part of his duty,

Asked as to whether or not he carried a note-book at the time, witness said that he did not always carry a note-book.

Mr. Jenkin: Would not that be part of your equipment?-Some times, I carry a sheet of foolscap. Witness added that on the night in question, he had a sheet of foolscap in his pocket.

"THE SORROWS OF SATAN."

SPECTACULAR FILM AT. THE QUEEN'S.

D. W, GRIFFITH ENJOYS HIMSELF.

FINE PERFORMANCE BY CAROL DEMPSTER.

[BY OUR FILM CRICIT.)

"The Scrrows of Satan" gotors to the Queen's under two signatures, those of Marie Corelli and D. W. Griffith. The novels of Miss Corell are rather like those soft and some- what sickly sweets called Marsh mallows. Either you like them ar you do not; it locks as if Mr.

Griffith docs At all events he has chance to express his genius for found in "Sorrows of Satan" a

scenes of luxurious debauchery, and his other love, the deserted mother who is not a wife,

Griffith share the same earnestness Probably Miss Corelli and Mr.

of purpose.. They see 1

life and morality in terms of startling black and white, though in the novel from which this film has been made the authoress seems to have felt a most unorthodox sympathy for Satan.

A Ladylike Devil. Mr. Fitzroy said that he agreed Miss Corelli's Prince of Darkness with his Lordship and that he willis cast out of Heaven for daring to see to it that the officer in charge criticise the Creator's act in making of an identification parade be called men.

His punishment is that he as a witness, always.

must tempt mankind to disobedi- ence, but for every soul who resists' him he is to gain one hour of Paradise and when the whole world

In opening the case for the de- fence, Mr. Jenkin asked the "Bench to be allowed to depart from the

he will regain his place at the right hand of God.

"It's been a

perfect evening"

WHENEVER you have an Ortho- phonie Victrola as part of the evening's entertainment, your guests are enthusiastle. It's like being at a dance, a concert and a vaudeville show -all in the same night. Every kind of music is reproduced so realistically you feel the artists are right thers in the room with you.

Good music in the home, nowadays, is becoming indis pensable. And no other repro ducing instrument can equal the performance of an Oriho- phonic Victrola. Come in und hear the latest Victor Records on one of these great instru- ments. Let us explain our convenient payment plan.

Chater Road.

Mr. Jenkin: And yet you made usual procedure and call the father has learnt to reject his temptations S. Moutrie & Co., Ltd. no botes at all 1-I made no notes. of the defendant first. He said Witness further explained that that the gentleman had been in he thought it would be useless to Court the whole day and would make notes, because the cycle was like to go away as soon as possible. there and the defendant would His Lordship consented. would then be easy for the ladies father was then called. Barely turn up to claim it. "It Chung Sik Fung, defendant's to pick the man out. If they had that he was a rice merchant and He said not picked him out then, the case had been in the trade for the last would not have been brought for twenty years. At one time he was ward. I remember clearly the de- on the committee of the Tung Wah same," he added. scription they gave me, all the Hospital. Defendant is his only con and they all lived together at No. 33, Robinson Road.

Mr. Jenkin: You also knew that from the number of the cycle you could easily asecrtain who the owner was 1-Yes,

three years ago, and is now the Defendant was married about

Inther of two babies The last Mr. Jenkin: You were asked be child was born about three months fore the Magistrate to give the previous to the case in question. description which re. Les had given of the man-Yes

Mr. Jeakin: You told the Magis trate that Mr. Len described him as @hort, thickest, looked like a Japancee,

and WLA wearing

gaiters ?"That is so.

Mr. Jenkin: Did Mrs. Leppard give you any description -They were both talking together.

The Identlication Parade. Sub-Inspector Rozesky then gave evidence of how the defendant was picked out by the two com plainante.

money..

forced to do ovil and loathing his So we get a conception of Satan

victims who are keeping him from Paradise, which was, as confusing part) as it is to most us, "Am I to Mr. Menjou (who played the supposed to be nice or nasty?" Menjou seems to ask as he stands with uplifted eyebrows and shrug- ging shoulders. Griffiths doesn't much care, he is too deeply engross

arranging snowstorm and baby" ed in supervising the bare-limbed houris of his luxurious hotel; and for his heroine. so Menjou takes his cue from the title and looks. sorrowful, shrugs his shoulders and

Young. Players' Triumph.

PLEA FOR A HOME.

AUSTRALIAN WIFE OF CHI- NESE HERBALIST.

THREE CHILDREN IN AN INSTITUTION.

A Good Son-Husband And Father.winks now and then at the camera husband for maintenance, cams up woman is summoning her Chinese The case in which an Australian

had always been a dutiful son, a

Witness added that defendant man,

before Mr. R. E. Lindell at the good husband and a good father,

Central Police Court yesterday Beeides providing for his son and

But W. D. Griffiths has not made morning, and was adjourned sine a big name for himself as a film die until she should have heard daughter-in-law, he allowed his son director for nothing, and the from her husband who is now in

out $200 a month for pocket "Sorrows of Saten can be ranked Nanking.

among his success21. You cannot Mrs. Teci On Lee's story is a On the day in question his son but feel that the director was tragic one. She is the daughter Mr. Jenkin: Well, that is woman- the shop.

had been helping him all day in actuated by sincerity when be of a ranching lamiy of the name like, but did Mrs Leppard give any dressed in a light fawn coat, grey is the weak young man who is led New South Wales.

Derendant was then planned it. To him Ricardo Cortez of Pott who lived in Maryland, description -She also said that he trousers, khaki shirt

Mary Jane was like a Japanese.

They had away by the temptations of the Elizabeth Pott met her present their evening meal at about 6.15 world, the flesh and the devil while husband in Warwick, the acarest Mr. Jenkin: Does that give us p.m. together in the shop, after Carol Dempster is the prototype township to her home, and married. the total of your recollection of which, his son left on a motor- descriptions given by these ladies cycle. The next time witness saw.

of innocent girlhood betrayed by him in Melbourne, Later they on that night 7-Yee.

her own tender heart. It is this came to Hong Kong living first of Mr. Jenkin: Did Mrs. Lea use Station.

his son was at the Central Police sincerity which saves both the all in Wanchai, then in Stanley

Defendant WA the expression "gaiters

then scenes of gilded vice and those in Street and finally removing to their to you 1-dressed as when he left the shop. She did so. Mackintosh, gaiters...

the garret from absurdity and some- present address in Queen's Read Cross-examined by Mr. Fitzroy, how endues this stock material with Central where Mr. Tsoi has a witness said that he remembered new life.

The opening pictures herbalist's shop. his son had a neck tie on, and which show the fall of Lucifer and Some time ago the herbalist went that the dinner only took ten his hosts from Heaven are very to Nanking in order to open u witness added, never spent much ment minute to finish. Chinese people, clever in their impressionistic treat branch of his businees there, and during his absence the maintenance time over their meals.. Cross-examined by Mr. Jenkin,

To Caro! Dempster, however, the allowance provided by her Chinese witness agreed that one of the

Member Of The Flying Squad. real honours of the production be relations-in-inw has been, in Mr. regulations stated that the wit- The defendant was then called long. She has had a difficult task Tooi's opinion, very inadequate. neses should be called by some and giving an account of his move-in, carrying on the tradition of There are four children of the mar- person who had not seen the de-ments on the evening in question Lilian Gish, and she has succeeded riage, the eldest being a "girl of fendant, care being taken that the stated that he left his father's shop admirably not only in that but also ten, but only the youngest, a baby constable, who made the arrest at about half past six. His father in giving life to the part. Her girl, is with her mother living in should not be sent to call the wit was there when he left. Following presentation of Mavis Clare is an attic-like room above the shop, his usual custom he took his hat tender and beautiful, she makes her the other three children are in the Mr. Jenkin: You as officer in and rode his motor-cycle to his more than an innocent little' saint-Po Leung Kok (Chinese) Beneve- charge of the ease took part in the residence in Robinson Road. On a living, loving, and very charming lent Institution. identification proceedings-Yes. that evening be was going to take personality, who adds courage to The husband has other wives of Mr. Jenkin: You got the men his wife for a ride on the pillion meekness in bearing her troubles, his own nationality, and the son together 1-That is so."

peat but, fading that she was out Miss Dempster is a beautiful and of one of them, a lid of 18, who Mr. Jenkia: The second breach he went out again for a ride. It talented actress who may do very appeared in court when the care Mr. Jenkin: A police officer is of the regulations was that there took him ten minutes to reach big things.

firat came up said that his father man who may at any moment bewere a number of police officers in home where he stayed for about Ricardo Cortez and Lya da Putti was in Nanking and might stay engaged in a case. Surely the ob the parade when it was possible five minutes. He left the house at both act well, the former as there for six months or a year. ject of making & memorandum is to get other people 1-There were quarter to seven.

Geoffrey Tempest who sells his soul In the meantime the unfortunate that you can refer to it for the no police officers in the parade route he took to a spot near Wan- bride who is part of the bargain, most unpleasant conditions, separ Defendant then described the to the Devil, and the latter as the Australian woman is living under purpose of refreshing your memory 1 There were some police clerks.

Answering questions, vitness chai School, after which he went Of Menjou enough perhaps has ated from her children, and subsist greed that there should be a "p and along Kennedy Road. His been said, he is decidedly attrae- ing on an allowance of 20 cents minimum of eight men on the intention Was to parade-and that there were only Kennedy Road into Garden Hoad diabolical,

ride through tive but never very convincingly for each meal. even on this occasion. Eight men and return home but at the junc were called, but one was allowed tion of Garden Road and Kennedy. to go back to work.

Road he saw his wife walking up Garden Road with an amah. He

To further questions, witnces said that he took some notes he quarters of the complainants, but not many. He thought that he had only written down the nameɛ.

Mr. Jenkin: Had you got them at the time you gave evidence at the Magistracy I couldn't say I don't know.

Mr. Jenkla Was the whole of your evidence given at the Magie tracy from memory, or had you refreshed your memory from the notes you had made -The whole of my evidence was given frem

memory.

Mr. Jenkin: Entirely unassisted by any notes -Yo

Bersen.

Inspector Rozeskwy

FAUST.

That is the purpose, but on that night I did not take any notes excepting, the names of the two ladies.

Mr. Jenkin: Perhaps Sub-Insp. Smith took copious notes-I don't think he did.

Mr. Jenkin: Half an hour was that he called the witnesses and offered to give his wife a lift home

admitted

The short film, one of the long time in the quarters to get that that was contrary to the re: the amab he decided to walk home the big picture is interesting and herits all bis father's courage and

"Famous Music Master" series the names of the complainante 7-

but as she did zot want to leave "Gounod's Faust" which precedes They were explaining about the tions stated that the identified per-

gulations. Although the regula with them. Mr. Jenkin: Did you conduct the son must be touched, he could not enquiry at the quarters or did Subay whether that was done at this Insp. Smith-I did. Insp. Smith particular parade. The Superin-

tendent was then in charge of it.

case.

sat and listened.

Mr. Jenkin: The whole of that half an hour was occupied in dis cussing the case and nothing else1 -Yes.

Mr. Jenkin: And you did not make a single note-Except their

names.

.

the Force 1-1 have heard of such cases during my experience

He appears early in the story de Zorro, the father, and later an Don Q, the son. The dashing Zorro, grown older, but still a sword slash- ing Don is replaced by his ad- venturous, romantic son who in-

charin. In addition to: Mary Astor, quite well screened. It tells very Accordingly he parked his shortly the story of "Faust" in a who plays the feminine lead, the machite in Kennedy Road near St. series of pictures accompanied by cast includes Jean Hersholt, Donald Joseph's College and walked home the Queen's Orchestra. This series Crisp and many others. with his wife und stish.

should prove very welcome here as

At The Star, An Out Of The Way Case..

Defendant etated that he met Kis the music of the well-known operas Adapted from a popular stage Further cross-examined by Mr. seren,

wife at about three minutes past is always pleasant and the Queen's succCSS, "Love 'em and Leave Jenkin in the afternoon, Bergt. Gollan to comment that he had Colony,

which caused Bir Henry orchestra has a big reputation in the em," a light, entertaining comedy Rozewsky said that when the de-completed the journey from the

of modern life, opens a three day fendant was brought to the Cen house in 18 mituteä.

season at the Star Theatre to-day, tral Police Station he was dressed

'Staged in a New York City depart- ment store, Central Park, and a typical boarding house, it is a story of two sisters who have difficulty

One loves a young man but refuses to marry him till he makes more

from her sweetheart she finds that money. After a vacation. RWAY her younger sister has been Birting with him and has captured bis affection. She determines in future to "Love 'em and Leave 'em," and this she does with amusing resulta.

In concurring Mr. Jenkin smiling-

In a fawn suit, khaki shirt without ly remarked that the defendant. neck tie, black boots and no hat, wae a member of the Flying Squad. Witness said that he did not make

GOOD PICTURE AT THE "

WORLD,

BEST.

Mr. Jenkin: I put it to you that you have never heard of a case of this kind during your six years with any notes in writing, but he was they arrived home at eight o'clock

The defendant continued that DOUGLAS FAIRBANKS AT HIS in deciding their matrimonial future. suro, that is recollection was not and at a quarter past eight be wrong

Mr. Jenkin: I take it that your When he reached the spot where went out to get his motor-cycle. recollection of these details is just he left it, however, it was not to as correct, as your recollection of be found but he eventually found certain incidents in connection with it with a Chinese detective looking the identification parade -I don't after it. get you.

Mr. Jenkin: "Where the factors would be the same or similar to those in the present case 7-Well, I don't know if the defendant would be of the same social stand ing a the defendant in thisë ̈case,

The case was adjourned.,

of Zorro," is the great attraction Douglas Fairbanks in The Mark at the World to-day to Saturday. The Mark of Zorro is a type of melodrama that is sure to please, Fairbanks is seen in a dual role. (Continued on next Column);