1928-11-17 — Page 5

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STABBING INCIDENT ON TROOPSHIP.

CHARGE AGAINST K.O.S.B. PRIVATE,

MONEYLENDING ALLEGATIONS.

HOUSEY AND CROWN AND ANCHOR.”

1

Nafewoy than twelve men belonging to the 1st Battalion the Norfolk Regiment and a draft of the 2nd Battalion King Own Scottish Borderers gave evidence before Mr. B. E. Lindsell at the Central Magistracy: yesterday of the stabbing affray on board the transport“ Somersetshire on the high seas between Aden and Colombo. Sergeant A. Kerr, K.O.S. B., the wounded man, was land- el in Colombo for treatment in hospital, and his alleged assailant, Private James Boyle, of the same unit, was handed over to the Hong Kong Police on the arrival of the troopship here. It was alleged that the victim was an unofficial money-lender" and also ran abousey and Crown and Ancher gambling concern. Private Boyle was charged with the attempted murder of Sergeant Kerr by stabbing him with a knife at about I am. on. October 20th. An alternative charge of maliciously wounding was. added by Mr. H. Somerset Fitzroy, Assistant Attor ney-General, who prosecuted for the Crown Prisoner was not legally represented.

THE HONG KONG DAILY PRESS, SATURDAY, NOVEMBER 17th, 1928.

CHANGES IN CANTON JUDGMENT FOR

3

GOVERNMENT.

A HIVE OF RUMOURS.

LI THAI-HSİN RETURNINO AT LAST.

TO STAY IN SOUTH?

(FROM OUR CHINESE CORRESPONDENT,

CANTON, Nov. 18th.

The latest report from Nanking states that Marshal Li Tasi Hain left the capital of the 18th of "this month for Shanghai on his way back to Canton The message adds that the Marshat and his party, in- oluding his chief secratary Tang Chia Yio, General Chen Ming Shu and other Canton notables, will leave Shanghai to-morTOW

" Private Pye was treated for a fesh wound in the upper arm. The also brought to the hospital and be. defendant, continued witness, was had two cuts on the scalp and two (Saturday) for Hong Kong on incised wounds on the left upper board the French liner Paul Lecat, arm, both trivial. though one re-expecting to arrive in Hong Kong quired two stitches. Witness thought. the defendant was sober, but he next Tuesday appeared to be shaky,

The Kaifa Found.

Sergeant Ringer, 1st Norfolks, According to the prosecution, the next witness, said that he was Sergeant Keer was stabbed with aroused from, sleep on hearing some carving knife while he was asleep on deck. Private Pye who was sleeping near the wounded man also received a cut in the arm.

body using foul language. The first thing witness saw was. knife lying on deck near his bed. It was wet with blood. Witness next saw man coming up towards him in a doubled up position and his arms across his chest. Blood was drip- ping through bis, Angers. Witness went to the top deck to look for the Medical Officer and the injured man who was. following collapsed the knife to Sergeant Jones, on the deck, Later witness gave

Locked In 'Uell.

* Sentry's Evidence, Private A. E Evison, 2nd Batt. The Norfolk Regiment, stated in evidence that he was on sentry duty on the main deck and Sergeant Ker was sleeping about forty yards away from, his post. Witness aw the defendant crawl out between the mucas tables and ran towards the hatchway where the Sergeant was sleeping. The witness did Sergeant C. R. Moore, 1st Nor.

hot antice if Boyle hind any weapon in folks, stated that he was acting as his hand. He lost sight of the de- Provost Sergeant st "the time of fendant for a while, and the next the incident. The defendant was thing he heard was the sound of brought to him at about 1.16 a.m. a blow being struck. He also beard by Private James of his battalion the defendant using the words, and he put him in a cell. Defendant have been waiting for you lông, was covered with blood Witness enough.

went to the main deck to inves On going forward witness saw tigate and was handed a knife with Private James, of the Norfolk Regi fresh blood staina Prisoner was ment "knock a man off" Sergeant taken to hospital for treatment and Kerr, who was lying with the de- locked in the call again under fendant on top of him. Sergeant guard until the vessel arrived in Kerr, the witness saw, had a ter- Hong Kong. In answer to a ques rible gash in his stomach. The de tion, witness said that the defend- fendant who seemed in a great aat was quite sober when he was state of excitement, was taken to fist brought to him. He said no- the ship's guard room...

thing.

Moneylending, "House" And

Upon learning of the deanite re- turn of their leader, Mr. Fung Man, Commissioner of Finance, Commander and Police Commis General Tang Shih Tang, Garrison

King Tong, Commander of the 6th sioner of Canton, General Hsu Army, Admiral Chen Chak, and other high members of the Canton regime, are preparing to go to Hong Kong to-morrow or the nex day to welcome the Marshal and his party.

MONEY LENDER.

DEFENDANT SHIELDING BEHIND A DEFUNCT FIRM.

USUAL TO GRANT - INSTAL- MENTS.

Judgment was delivered by Mr. Justice P. Jacks at the Summary Court yesterday afternoon in the case in which Karnail Singh, re- gistered money-lender, auod Ng Wai for the recovery of 8540 being money lent under a promissory note

BRITISH FLYING

BOATS.

DUE HERE TO-DAY FROM MANILA

5,340 MILES IN_41.DAYS,

The four fying boats of the Royal Air Force which are on a world tebr will arrive-here- this.-- afternoon....--- They will be tied to buoys in Kow- loon Bay, off-the Kai Tack Aero- drome.

The boats are of the Southamp“ ton type and have completed" a successful trip from England to Australia. They left Singapore on November 11t, and have sincs visit- ed Kuching. Labuan, Port Prin 'cessa, Manila and Selomague, which rico phey will leave early this morning and are expected here at

1:30 p..

When the case was heard of October 25th, the defence raised two paints for his Lordship to: cou- sider. First it was stated that the

They will remain in Hong Kong money was no lent to the defendant.

until November 20th and will then personally but to the Chong Tai

return to Singapore by way of lumber firm. Secondly that as the Tourane Bay, Coconut Bay, Bang- transaction did not take place akok, Victoria Point and Penang. plaintiff's registered address, it was

Upon their return to Singapore therefore void

they will have completed 5,340 miles in 41 days.

In his judgment, his Lordship dealt with these two points at length, and arrived at the conclu- sion that the money was Jent to de transaction took place at plaintiff's fendant personally and that the registered address.

|

The personnel of the fight is as follows:

Flying boat _S-1152, Group Capt. Lieut. H. G. Sawyer; Corporal J. H. M. Cave-Brown-Cave; Flight A Cayne and Leading. Aircraftman F. S. Nelson.

Flying boat -1197, Squadron Leade: G. E. Livock, Squadron Leader P. E. Maitland, Sergeant W. L. Cushing, leading Aircraft- man J. Williams,

THE JUDGMENT. The judgment rends as follows: The plaintiff in this notion is à money lender who seeks to recover from the defendant the sum of 8340 being principal and interest due on

promissory note which the defen-E. dant has admitted he signed.

Mr. Chow Lu, a former high official of the Canton Government who was driven out" of China as a The defence is: First, that the result of his stera opposition to the defendant did not borrow the Communista, left for Nanking via money himself, but signed the pro- Hong Kong early yesterday morn-missory note on behalf of the firm ing on board the s. Anshan. Mr. which employed him, Secondly, Chow said that he had to go to the that the transaction was not carried capital as he wanted to confer out at the money lender's registered with the Nationalist Government address and is therefore void. on matters of vital importance. A group of his close friends and former official colleagues saw him

of.

Flying beat 8-1130, Flight Lieut. V. Carnegie, Flying Officer G. E. Nicholetts, Corporal W. Me- Meeking and leading Aircraftman E. R. Myers.

Fiving boat 3-1161, Flight Lieut. C. G. Wigglesworth, Flight Lieut. 5. "D. Scolt, Sergeant J. J. Semple and Corporal A H. Hart.

The evidence given in the case is conflicting on both points raised CORRESPONDENCE. by the defence.

With regard to the first point,

the plaintiff says he lent the money POLICE REGULATIONS AND to the defendant personally, that

MOTOR-CARS. the defendant was the master of the Chong Tai firm and that he knew of no else in the firm. The | [TO THE EDITOR OF THE "HONG, KONG

DAILY PRESS." defendant says that he was only a salesman in the Chong Tsi firm and that he borrowed the money for and on behalf of his employers. He called Ng Hung who was described as the manager of the firm to car- roborate his statement. He could not call any of the partners of the frrm" as the only one he knew, one Mok Hung, had left the Colony and the firm no longer carries an business..

There is a tumour in Canton about a possible change in the Provincial and Municipal Govern ments. It is said that Fan Chi Wu, 2 close adherent of General Chen Ming Shu, WI Shang, a brother, of Wu Han Min, Au Yang Chu and General Hsu King Tors will take the posts of Commissioner of Civil Affairs, Mayor of Canto, Police Commissioner, and Garrison Commander, respectively. Every thing is extraordinarily uncertain and it is not really known' whether' or not there will be any shift at all. Canton politics are hard to follow and unravel. This much is certain, however, Marshal Li will

Not Satisded With Defence. continue to be the supreme bend of

I am not satisfied with the de- the Leung Kwang Provinces, unless

fence on this point. I cannot be Nanking persuades him to remain in the capital. It is further relieve that the plaintiff would have ported that the Headquarters of the been satisfied with the signature of 8th Military Route, of which Mar- mere employee-a salesman--had be been lending money to the firm.. apon the return of the Marshal, There was no evidence that Mok to the mess which be reorganized into a Leung Kwang Hung, the alleged master, had any communication with the plaintiff. Military Headquarters in accor was found to be missing on the dance with an order from Nanking. nor is there any evidence that the

At 2.30 p.m. this afternoon there afternoon of October 19th. Witness

were 32 cars in the rank when the knew the accused and also Sergeant Marshal hi will continue to be the manager of the firm who said he

was present when the money was second car moved off with a fare, Kerr, but he was not aware of any chief after the reorganization, while

General Wong Shiu Hung will be- paid over and who said he chopped Immediately the next 3 cars com trouble between them;

the promissory note ever said whomenced to maneuvre, in order to come the vice chief.

he was or who the master was, or explained what position the defen dant held in the form

Private A. W. Impey, another

"Grown And Anchor," sentry, gave evidence of seeing the defendant crawling out from under Four witnesses from the same a mess table and later he saw

draft as the accused were question- through the hatch rails a struggle ed by the latter and it was alleged going on between two or three that Sergeant Kerr acted aš“ a persons. Pressed by Mr. Fitzroy, moneylender on board and also ran Witness said it was a rough and House" and "Crown and An- tumble." Answering questions, withor" gambling concerns. ness said there, was a wet canteen Private Saxby, K.O.S.B., mess

on board, but he was unable to say orderly on the vessel, recognised sha! Li is the director-in-chief, will, if anybody had been drinking the knife produced in Court as one freely the night before. He thought that the pight on which the incident occurred was a Friday,

"Put Him In Gaol," Private E. James, also of the Nor folks, said that he was roused from sleep by sounds of a struggle at about 1a.m. As he approached the apot. Sergeant Kerr shouted, "Ser- geant, get this man from me and put him in gaol. The defendant, re. fused to get up and witness had to deal several blows with his but to make Boyle stand up on his feet. When witness, looked round Ser geunt Kerr had disappeared. The defendant after he had cooled down began to argue with another Ser- "geant.

Continuing, witness said that the defendant appeared to be quite sober, and went with him to the detention cells. There was 20 weapon to be seen at the time. Witness's bed and the deck were covered with blood.

Blood And Bad Language. Private Bye, who was sleeping between Sergeant Kerr and Private James, said that he was awakened by a struggle and a cut on his left

belonging.

La answer to the prisoner, wit ness said he knew Sergeant Kerr to be a moneylender, as he had borrowed five shillings from him. He paid one shilling interest on that sum for one week.

Witness said that there was also quite a lot of gambling among the draft on the way out, chiefly Housey and Crown and An- chor."

Mr. Lindsell: Did anybody parti- cularly win or lose a lot 1-I cannot вду.

"Ey Mr. Fitzroy: All the games I know of were run by privates,

turned in.

Sing Song And Three Pinta. Private Luan testified to being in the company of the defendant together with Private Kelly that evening. There was a sing-song on deck and they had some drinks. Defendant had about three pints of beer and was sober when he Questioned by defendant, Luna standing near Private James and aid that Kerr owned an "Anchor did not know what happened He board and gave it to the defendant heard the defendant use bad lang on condition that for every pound uage and there was a lot of blood won the defendant would receive. over the bed. At the ship's hospital five shillings. where defendant went to have his wound dressed, he saw a carving knife brought in,

armo.

Witness saw the defendant

"Crown and An-

chor" was not permitted, but the arrangement was that if the defen- dant was caught using it Kerr would square, up matters.

50 Per Cant. Interest A Weekl

Defendant: Did I tell you that I have a "Crown and Anchor." board which I got from Sergeant Kerr 1-No......

Sia-I have been constantly an noyed, a must a great number of other people, by public cars parked in Chater Road constantly backing and filling across the street. Until a few days ago I wondered why the Police did not stop, this prac tise, but on reading a report which appeared in the papers, recently I Was astonished to learn that a Police Regulation was actually re. vacated its place at the end of sponsible, and that if one the rank all the other cars were required to mort--up--one-place, This might be quite right if the cars were parked end to end but when parked, as in Chater Road, diagonally across the strees this Procedure appears to be more than absurd.

P. P.

car

move up one place, with the result that both sides of the street were I believe he lent to the defendant entirely biocked for the space of over two minutes, while three or. personally in the belief that he was four cars wishing to pass along the the master or the proprietor of the road kept up a continuous booting. business. 1 cannot help feeling If the remaining 92 cars in the Had Four Mugs, But Sober. that the defendant is merely trying rank had actually shifted position In answer to Mr. Lindsell, wit to shield himself behind a defunct the operation would have taken Srm. Had the firm been still in about 10 minutes during which neas said there was a sing-song on board and the defendant had about existence and the plaintiff had sued time ail trafic would be suspended. them on this note, I do not believe. In this what the Police desire f... "four mugs," but he was sober.

Private Andrews, the last wit-they would have considered them. Yours faithfully, ress, denied he was aware that selves bound by a promissory note Sergeant Kally lent money on in-signed by one of their subordinates,. terest. He said that Sergeant even though it did bear their chop, Kerr used to lead witness and neither could I hold a firm fable others a Lotto Housey set to. on the signature of a subordinate run. Kerr got the winnings and unless it could be proved that he paid what he thought fit to those had authority to bind bis prin- running it. The commission would cipals in this way.

the be about five shillings in

" Crown pound. Kerr also had a and Anchor board which he run himself A proposal was made to witness and three others to run it, but nobody took it on. The terms were the same as in the case of the

Lötto * set.

A Risky Undertaking. Answering the defendant, wit ness made the naive statement that if one of us were caught that was our own affair and Kerr would keep out of it."

A sketch plan of a portion of the troop deck was produced by M.B. Scott, E.E., who was also on board the vessel at the time.

Inspector Lane, giving evidence of defendant's transfer from a military escort to the police, said that he duly cautioned him and charged him with attempted mur- der. Witness produced & formal statement containing the word "no" in answer to the charge.

Sergeant C. E. Jones, of the Nor Folks, also gave evidence of hearing foul language and threats to Ser- geant Kerr.. Witness found Ketr Continuing, witheas said that & money-lender. with his arms across his chest and Kerr, was also blood streaming over a pair of pants He charged 50 per cent. interest he was wearing.......

(1 to a shilling) for one week.

In Roswer to Mr. Lindsell, wit Major Flood's Medical Evidence.

ness said he did not hear of the In the afternoon Major F., G.

accused being in debt to Sergeant Flood, R.A.M.C., said that he was Kerr. To his knowledge there had on board the Somersetshire when also been no dispute regarding the Sergeant Kerr was brought to the Crown and. Anchor" board. ahip's hospital. Witness found Kerr Private Kelly stated in evidence to be suffering from collapse and that he knew both the defendant severe haemorrhage. There was and Sergeant. Kerr since he joined cut one and a half inches long on up sixteen months ago. He was the right side of the chest, a wound not aware of any dispute between. which could have been inflicted by them during that time.

stabbing blow with the carving Replying to defendant's ques

Mr. Fitzroy agreed to arrange knife produced in Court. The knife tious, witness said that it was wis Brought to witness at the rumoured on board that Bergeant with the military anthorities for tinum covered with fresh blood. At Kerr lent money, but he was not the early despatch of the Bergeant Colombo witadar aired the somer ware of suybody ako borrowed by an ordinary boat so as to avoid Medical Officer there, Llent. Col. from him. Further he was Bordsley in taking the case to the Myles Grocers, aware that hetzeaut Kelly had higher Co of the injured man who was taken Housey" on Anchor board. A formal remand for the week (Continued on next Columu).

was-accordingly granted

hshofe

Remanded For One Work. His Worship said that he was prepared to give remands from week to week for a period of three weeks until the arrival of Sergeant Korr from Singapore.

Carried Out According To Lâw. I now come to the second point raised in the defence, namely that the transaction was not carried out

at the plaintiff's registered address.

I see no more reason to believe what the witnesses for the defence say with regard to this than I did on the first point. Until it is proved otherwise, I must presume that this transaction was carried out accord ing" to law, The defendant has called another witness with regard to this, namely, Kartar Singh, who. admittedly wrote the note for the plaintiff. The plaintiff says the note was written in his quarters but Kartar Sing says he wrote it at the defendant's place, but his evidence is not evidence on which I feel constrained to overrule the presumption that the transaction was carried out according to law. and that the defendant is liable on On the evidence put before me 1

the note which be has admitted, he signed, and I do not consider that there are sufficient grounds for rul- ing that the transaction did not take place at the registered address of the plaintiff.

Hong Kong, Nov. 13th, 1999.

NOVEMBER CRIMINAL

SESSIONS.

THE CASES ON THE. CALENDAR.

CARVALHO YEO TO BE TRIED

BY PUISNE JUDGE.

When the Criminal Sessions open on Monday, the Chief Justice, Bir Henry Gollan, will hear the case against four Chinese alleged to have been involved in the armed robbery committed at No. 3, Kwong Hon Terrace on October 9th.

Another Chinese will be brought before his Lordship on a charge of stealing a revolver and siz rounds of ammunition from Mr. W.-H. Whiteley at No. 17, Bradwood Road. He is also alleged to have stolen a gold bangle, a goid wrist watch, and a purse containing 830 from Mrs. Nelly Whiteley.

Carvalho Yeo, who is alleged to have defranded the Hong Treasury. of a sum of about 8260,000 will come.. before the Acting Putine Judge, Mr. Justice P. Jacks, on Tuesday.

Having arrived at these conclu- consider the question of instal aions on the fact, it is unnecessary ments?

Mr. Strellett: I really do not for me to consider the legal points

I there-know, my Lord I. haven't consult which wore put before me. fore give judgment for the plaintiffed my cilent in regard to this point

HiLordship The claim is for Mr-Hues--Will your Lordchý money-lent and it is usual to grinta put this in Chamber ve mbrrow.

| ¿Continued_at_jost of next column) will take it in Chambers toMIÓTṬOW,

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