1928-10-20 — Page 5

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KWANGTUNG ARMY REDUCTIONS.

IMPORTANT REFORMS UNDER REVIEW.

(FROM OUR CHINESE CORRESPONDENT. Į

CANTON, October 10th.

The Marshal Li' Toni Hein will; least Shanghai for Canton next Monday or Tuesday seems fairly curtain. Canton notables are, pre paring to leave the eity for Hong Kong in the course of a few days to welcome the returning Marshal. Adapiral Chen Chak has been orders, rd to take one or two gunboats | down to the British colong, for the purpose of welcoming the Marshal and bringing hit back the city. General Cheri Ming Shu, who was earlier reported to be accompanying Marshal Li back to Canton, will probably not do so, for the General has been called to Tientsin to coaler with General Pei Chung Hsi in regard to the situation in the - North.

THE HONG KONG DAILY PRESS, SATURDAY, OCTOBER

JURY DISAGREE."

"SENSATIONAL ENDING TO CASTLE PEAK "ROBBERY CASE,

ALLEGATIONS AGAINST POLICE INTERPRETER.

PATHETIC SCENE IN COURT. -

Yesterday the Supreme Court was thronged with a large crowd of interested Chinese who went specially to hear the proceedings aguinst a Chinese youth and two girls charged with robbing an old woman at Castle Peak in August 22nd.

The case, which was commenced on Thursday afternoon, was resumed yesterday before Sir Henry Gollan, and concluded at 5.53° p.m., after the jury bad retired about twenty minutes. On re- -assembling, the foreman of the jury announced that they could not come to an agreement. Six of the jurors found the prisoners "Not guilty" and only one found the prisoners "Guilty." On referring to the Ordinance, his Lordship found that a majority of " 3 against 2 would count, and ho. therefore discharged the prison-

ery.

A most pathetic scene occurred in Court when his Lordship The two female prisoners in the dock wept was summing up. bitterly, and even the male accused showed signs of emotion Several female spectators in Court, on seeing the pitiable state the two female prisoners were in, joined in the weeping. Handker- chiefs were brought into play in every corner of the room as His Lordship went on. -

sif... th

There was a rush to the dock when the Court interpreter announced to the prisoners that they were discharged. The male prisoner walked out quite calmly, but the two girls had to be. helped out by their relatives. Whether they were over-elated or the strain had been too much for them is known to themselves.

The pak prisoner, “ Yeung: Kau, | was charged with two others not in custody with robbing Tong Shuk Shi, an old woman, on Castle" Peak Road of 5. The two girls, Tong Sien and Wong Mei, were charged with aiding and abetting.

"Induced To Make Statement."

EVEREADY” TRADE

MARK.

JUDGMENT GIVEN YESTERDAY.

CONVICTION ON BOTH CHARGES.

20th, 1928.

THE "BORNEO "

INQUIRY.

A

CAPT. J. H. VAN DER BERG EXONERATED.

MARINE COURT'S FINDING.

The finding of the Marine Court Mi. W. Schofield, at the Koldon' of Enquiry in regard to the strand Magistracy yesterday morning, gave «ing of the s.s. Borneo (British) ia judgment in the ease in which the Haimun Bay on Dctober 2nd was National Carbon Corporation, of delivered yesterday morning at the U.S.A., charged the Chung Wah Harbour Ofce. The master, Capt, Battery Company on five, counts Johannes Hendrik van den Berg, relating to alleged infringement of was

found justified in seeking the "Eveready" trade mark and shelter, and was exonerated from labels.

blame. The Court's finding. Wai as

His Worship found for the com- follows:- plainants, and said in view of the) We find that the 3. Bornes length of the case, and the large left Hong Kong on October ist,. amount of costs likely to be claim Shanghai, the ship drawing 19 ft.

| 1928, with

a cargo of coal for ed by the prosecution, he would forward and 19 ft. 11 inches aft. merely make an order for the de- fendant to pay all costs without further penalty.

Mr. G. S. Hugh Jones was for the complainants and Mr. Hin Shing Lo defended.

When Counsel failed to agree as to. costs, Mr. Hugh Jones said he left the matter entirely in the Magia trate's hands. His Worship award ed 8400 but, on the application of Mr. Lo, reduced the figure to $250, at which sum an order was made,

F

"The weather, was rough with a beavy Kea running 10di strong: wind between N.N.E. and N.E, so Breaker Point, the master decided on 2nd inst., and after passing

that there was no alternative but to take shelter. He proceeded to with this object, being unable to Haiman Bay at about 2.30 p.m. proceed further in the prevailing. conditions. The master stated that he was well acquainted with the on previous occasions anchorage, having anchored there in ships drawing 20 feet.

tio

In Court yesterday the male pris-In delivering judgment, his Worship, reduced and the lead was in use.

The first thing Marshal Li will tackle when he gets bick to Canton next week will be to effect a re- "daction of the Kwangtung Armies) -down to a point consistent with the maintenance of public order. Inder instructions of the Marshal, the local military chiefs for some time

oner said he was induced to confuss have been drawing up plans for the

by the interpreter. He was spoken disbandment of superfluais troops

to while he was in the cell, and the in the province. At present there

interpreter had told him that it would be to his advantage if he are three Armies in Kwangtung, the 13th Army under General Chen It was alleged that the two girls were to make the statement, record- Ming Shu, the 5th Army under lent themselves ሲ። decoys, and ed. "En declared he was threatened General Hsu King Tong, and the after having induced the old woman with ten years' imprisonment if he 4th Army under General Chen. Tsai to accompany them to Castle Penk, | did not make the statement. Tong, stationed respectively in the ostensibly to visit n temple to in- When told by the Court that the south, east, and west of the provoke the aid of the gods before statement was made in the pre vince. According to the plans, pre-investing in a lottery, they left the sence of Inspector Fallon and Sub pared, these three Armies will old woman to be assaulted and Inspector Dock. prisoner said that be reduced to three divisions, and robbed of her money by the three Inspector Fallon was a good man. He had treated him very kindly Mr. H. Somerset Fitzroy, Assist-and used soft words" to him: at Grow Attorney, 'prosecuted, but the prisoners were not legally presented,

the three Generala will become men, Brigadier-Generals, cach baving command of a division. The pre: sent Brigadier-Generals will have ranks reduced one, degree, and be rome Colonels, and go Those changes will be carried out as soon as the Marshai returns to Canton.

un.

The Canton authorities admit that

At the police-station, Tong. Sien re-also made a statement to the effect that she had struck the old woman, but did but steal 888 from her.

Wong. Mei, in her statement, denied stealing the money, and denied that she was on bad terms with the complainant.

Eridance of Arrest. When the case was resumed yes- terday morning, Yue Chi, a public motar-car driver, was called to the

day in question he was driving a car frum En Long to Mongkok, When he got to Tai Nam Cheung

the most urgent problem before witness box.". He said that on the she had made, any such statement

them now is that of army reduc tion. We have now entered upon

further declared that after the re-

Torg Sien denied in Court that as alleged, but when his Lordship drew her attention to the fact that she had signed it, she said that sho could not read very well.

The Defence.

said:-

THE JUDGMENT.

"On approaching the anchorage a northerly course, speed was

The anchor was eventually let go in fathoms at 2.40 p.m., with Hai un Point bearing 090 degrees In this summons there are two and the West Point bearing 000 charges to consider:-1, that the degrees. Cable was veered to 75 sale or for purposes of trade or was some swell with a smooth sea. defendant had in his possession for fathoms, In this position there manufacture, goods, to wit, bit. "The ship's head swung to star- teries for fagh lights, to which a board to ENE. when the mate! mark as to be calculated to deceive aft, and eubsequently No. 4 ballast mark so nearly resembling a trade reported that he had felt a bump

was falsely applied:

-tank was found to be holed. goods, to wit, batteries for flash showed 43 fathoms and the pos: That he falsely applied to Soundings all round, the ship then lights, a mark so nearly resembling tion of the ship was verified. At a trade mark as to be calculated to 3.20 p.m., the anchor was weighed deceive.

and the ship proceeded for been imitated is the

The trade mark alleged to have Swatow. label- Fegistered as trade mark No. that the master.

Eveready" The Court is of the opinion was justified in seeking shelter in Haimun Bay, The marks alleged to imitate it despite the fact that it is not re- different name. They may be dis. Vol. 7. but that in the imavoid. consist of three groups of labels of commended in the China Sea Pilot, tinguished as the Electricity"able use of a general chart he tabel, stated to be used by the should have anchored further out.". Lunick Battery Co. and to be made in U.S.A.; 2, the Chung Wab The Court consisted of the follow- label; and 3, the Canton Citying officers: Comdr. J. B. Newill, D.S.O., H.N.. Harbour Master (President): Lieut.-Comdr. L. J. The evidence regarding each label. If. M.S. Arut; Captain C. Isbister, Pitcairn Jones, D.S.O., RN, is different. As regards the elec-master cf s.s. Aiangu; Captain A. tricity fabel, the defendant admits W. Hall, master 8.8. Telemachne possession, and states that both Captain E. V. Bishop, master of labels and batterics were left with 3.5. Chakeany.

211 of 1928:

label

Ten Thousand Labels.

Idaction has been elected the army vehicle was the female prisoner, also called, thus giving the Crown Tavelling trader should carry about other in Tau Shan Ior five years,

Tong Sien.

Fitzroy waived.

a period of political tutelage," they he was stopped by three men and say, "and there is no need for such vast armies, whose upkeep is break-three women, who asked to be taken

All three prisoners elected to ing the backs of the people." They to Mongkok. He was only able to give their evidence on oath in the take three passengers, and among witness box, which exposed them to three persons who

be cross-examined by the Assistant entered his Crown Attorney.

Witnesses were expenditures will be only about 40

Attorney the right to address the per cent of what it was formerly

jury, which right, however, Mr. Troops and officers will probably be Later the same day witness met paid in big dollars instead of the another driver camed Chan Ming,

The male prisoner said that on and as a result of their conversa-the day in question, he was out present subsidiary coins tantamount

walking in Castle Peak with two to an increase in salary of approxim

tion, they went to a. cinema at

friends. They came across three ately 20 per cent. for the men in Mongkok where they saw the male girts and an old woman sitting on They uniform. Cutting the arts expendi- prisoner with a girl The prisonor the roadside quarrelling.

asked the girls what they were tures down by 60 per cent. would an away, but both the girl and quarrelling about, and when the mean a big saving for the province, jan were caught,

girls said that the old woman had Ferbips the exorbitant taxes under.' Chan Ming gave evidence to the tried to induce them to become pro- effect that he picked up two women fred, and the old woman struck

stitutes, he and his friends inter which the people have been groan. ing for so long, and which have and one man at Tai Nam. Cheung, them with an umbrella. paralyzed business and deprived Among the three persons were the many of their livelihood. will be male prisoner and the girl Wong lessened if not repealed. This is Mei. They left his car at Shanghai what everyone, foreigner as well as native, is wishing.

The

Street.

"...

"Love His Undoing."

Fe

him by a travelling trader who was known to be a friend of his. There is no direct evidence that any of these labels were being put on the label or goods. until after he had' batteries at the time of the raid, got his business here started. He though it is not very clear why a had one agent in Singapore and an- ten thousand labels i packages and a third, Wing Sun, at 140, Wing with him. These "Electricity "Lok Street, for two or three years. batteries have a remarkably new, One of his labels was of a large appearance, and are clearly intend- kind, and bears a reference in its ed 'tor sale by their owner. In the directions for use to the Eveready ense of the Chung Wah" label Mazda lamp, and this is the kind there is evidence thas Chung Wah" that was invented three years ago, batteries were found done up in by which time it is obvious that boxes on the defendant's premises, | defendant knew of the Eveready and that "Chung Wah labels were goods. The only approach to corro Brittain, was not cross-examnied on to priority lies, however, in a vague also found. The witness, Sergeant boration of the defendant's claim these points. Defendant, however, statement by his printer that we labels of this type on his premises. denied having either batteries.or have been printing these labels for him for three or four years"; und in a statement by one of his own

Not Business Rivals,

As a result a fight broke out, and I do not believe his debidl, in! witnesses that defendant was mak- the scuffle the old woman had spite of his statement that the ng batteries in Nam Chung Street the worst of it.

Chung Wan Battery Co. are highen he first saw him on his re- The two girls told a similar story. rivals in business. Lu the case de turn from America, which, witness

The Summing-up.

the Canton City label, which is by thinks, was in 1923, but this witness Another driver named Yue Hang

admits he knows nothing of the His Lordship summed-p the case far the commonest type of label, said he saw the complainant near " Canton Government has Castle Peak walking towards Mong at great length. He reminded the though batteries bearing it are much electrical business. As regards de- less common among the goods: fendant's evidence, I cannot regard kok. It was obvious that the jury that the case before them was

it as satisfactory already sent PL circular to the woman had been the victim of great the nature of the charge but also

A very serious one, not only from seized than the Electricity, battery, an entirely different claim is made

The Main Evidence. various military commanders of the violence, as her clothes were torn, in view of the youth of the prison- by the defence. A general similarity The main evidence in this case province, requesting them to come her eyes were blood-shot, and she

ers. According to European reckon to the get up and colours of the is the appearance of the labels to Canton to take part in the con- stopped to question her, and as

was walking as if in pain.

ing, none of them was very old.

Eveready label is admitted, but it themselves. In all three classes of ference to be convoked as soon as result of what she told him, he male accused was 19 and so was label was dependently invented by Canton City, the resemblance to the is contended that the Canton City labels, Electricity, Chung Wah and Tong Sien Wong Mei was about Marshal Li gets back to the city offered give her a lift. The pass years of age. Although they the defendant with the help of a Eveready is most striking both in This conference for military redue-sengers who were already in the

car objected, so he left the old they had reached an age when they use even in America, that he there- coloured as to be a close imitation were young, his Lordship added, fellow laundryman before the Eve- celour and pattern. The words ready label No. 950 began to be Canton City are O printed and tion will have the most vital bearing woman alone.

had some sense of responsibility. upon the future welfare, of Kwang-

His Lordship then reviewed the fore has priority of user, and that of the word Eveready as it appears tung, the Government notification A statement made by the male facts of the case, and when he came

the Eveready trade mark No. 211 on the label of the National Carbon

points out.

prisoner at the Mongkok police to the point where the girls alleged 1028 should not have been regis Co. The maker of one of those Atation after his arreat was read that the old woman, who was a tered here at all. He further claims labels must have inclled it on the in Court by the interpreter attached grand-nunt, had tried to induce to be the pioneer of the local manu- other, or on some equally close to the police-station. The state them to become prostitutes, his facture "of flashlight batteries, and imitation; and must have had the ment amounted to a confession. Lordship said it was most remark.it is stated on his behalf that the deliberate intention of deceiving Prisoner was alleged to have aidable that a relative should do a prosecution is actuated mainly by purchasers. The saae is equally true of the Electricity and Chung "I did in answer to the charge. thing like that, but still it was very the desire to crush a business rival. and to have added the female pria- unfortunate that such things do This claim necessitates a careful Wah labels. If defendant's conten oner, Tong Tien, had instigated him occur in life..

examination of the evidence. The tion is correct, either the National to commit the crime. The statement In regard to the point where the Eveready label trade mark 22 of Carbon Co., have appropriated bis went on to say that the complain- passengers refused the driver per-

1028 has existed four, and a half design, or there has been an amaz St. Andr w's Church Young ant had stolen about 2200 from mission to give the old woman a years according to the Statutory ing indication of telepathy between Men's Club held their first social somebody, and that Tong Sien want life, his Lordship said that the per declaration of the secretary of the the two label designers; and the of the season last night in the ed to teach her a lesson. Accord sons concerned ought to be ashamed National Carbon Co., and has there: one supposition seems us improbable

ingly they got the old woman to of themselves.

füre been "in the market'here for a as the other. Church Hall, Kowloon. The affair Castle Peak, where she was assault The jury retired at 5,35, and re.slightly shorter period,

Defendant To Pay All Costs. was very well attended and the ed by one pock-marked face assembled at 5.50. The foreman of Noyer Heard Of The Eveready On these grounds I must register

Label. evening's programme consisted of man.

the jury on being asked if they had

a conviction against defendant on The statement which was come to a verdict, said that they games, competitions, dancing and lengthy one, went on to say that had disagreed. Six found the pris made fashlight batteries at Sham- batteries and labels seized; and in Defendant states that he has both charges, with forfeiture of all. music, Miss McGill being the prisoner did not assault the old oners "Not guilty and one found, sluipo for live odd years, and has view of the length of the case and vocalist. Prizes were given for the woman with the motive of robbing them Guilty." On referring to used the small type of Canton City the large amount of costs likely to ber. It was only done for the the Ordinance, his Lordship found label all that time; the large type be elilined by the prosecution, I will winasis of the competitions, and girls., Prisoner was alleged to have that a majority of 3 against 2 would has been used for three years. He meiely make an order for defendant during the interval refreshments; added. "It is only because of the count, and the prisoners were ochnd never heard of the Eveready, to pay all costs, without further were served.

- girl that I am now in this plight.". cordingly discharged.

(Continued oil next Cólumá). penalty.

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