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1929.
THE HONG KONG DAILY PRESS, WEDNESDAY, JUNE 12,
MAJOR LAKE BEGINS HIS EVIDENCE.
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FURTHER STAGE IN MAJOR OGILVY CASE.
119
Major Lake, the presen! P... gare evidence at yesterday afternoon's sitting of the Court Martial in Murray Barracks upon Major Ogilvy, 5.0.5.B., who is facing charges of negligence while acting as F.R.I.
The case is attracting considerable public attention,
The Court consists of Colonel E. A. Stewart, D.S.O., O.B.E., (President), Lieut.-Col. H. V. Vernon, M.C. (3:15 Punjab Regiment), Major A. Creery, M.O. (Royal Artillery), Major R, H. E. Bennett, M.C. (Somerset Light Infantry) and Major J. B. Taylor (Somerset Light Infantry). The Judge Advocate is Mr. Somerset Fitaroy and the prosecuting cmcer Major H. W. H.«Armitage, M.C. (Royal Artillery). The defending officer is Major E. G. Miles, D.S.O., M.Q. (K.D.S.B.).
BILLIARD MARKER AND "BLANK RECEIPTS.”
Major Lake
At yesterday's sitting. Private Corp Hendry never said that
Major Lake said he was now Ferguson said the extan duty e if witness did explain he (Corpi. performed during 1999 was that of Hendry) would get into trouble. P.R.I., having taken over the duty battalion boatman. He was entitled The orderly afficer went into the from accased on August 19, 1928, to extra duty pay at the rate of billiard room: bach day and asked if as, that time, accused took over $5 per month. He was not paid everything was all right. At the command of the battalion while the regularly and asked Corp. Hendry time witness was a 'Lance-Corporal, Colonel was on leave. When Lieut. about his pay on many cernsions- but there was a senior N.C.O, of his | Col. Comyn returned on November, almost every day. "Corp. Hendry section. He could have complained' 12, accused went on leave. Witness said that either the cheque had not to the wetion, platoon or company did not sign a taking-over slip be
cause he was not asked to do so. been signed or that the billiards cummander. money had fat came in.
Wings was first paid in Septem- her hy Corp. Hendry. He was then owed 10-ior July and August, but only received 85. He was next paid during the same month, receiving He was only given a further $5. a receipt for one of these payments. Did Not Tell Accused. He was again paid in October, receiving 83. That was part pay. ment for September and was again paid by Carpl, Hendry. A further 32 was paid on November 1 or 2 In all he should have reveived $290, but he actually received $18. The balance of $1 was paid on May 17. this year.
Witness
never mentioned to Major Ogilvy that he had not been i
paid. In order to do that it would he necessary for witness to get an S.C.0. to take him to Major Ogilvy, On necount of this, he let the matter
go.
He told Corp. Hendry that be would see Major. Ogilvy, but never did. He always seemed to get naid soon afterwards. He once spoke to Capt. Reid, who was in charge of boats, about not being In May this year, witness raid.
nesa
After the tiffin adjournment, wit-"|| Was that the only reason?--Is
was re-examined by Major that a fair question ↑
President: Yes. Armitage and said that in addition
Witness:
to billiard marker, he was also librarian in the men's recreation | sign. room.
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A WEST RIVER PIRACY.
PROCEEDINGS FOR EXTRADITION.
THREE-YEAR-OLD INCIDENT
RECALLED.
At Central Magistracy" yester day, before Mr. E. W. Hamilton, extradition proceedings were con
man named was not asked to menerd against a
Char Tim, who is wanted by the These duties were always President: Tes or no? Was that Chinese authorities for piracy in
Chinese Territorial Waters concurrent and the extra duty pay the only reasons i
Witness: Nobody asked rac to 1996. received by witness covered both duties. He never received more sign. than $5 per month.
Orders Asked For... President: Do you know whether your appointment as marker was posted in Regimental Orders in 1097 or 19287,
Witness: Only in 1923, not after
"
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Elemishes, rustress and tity impalectices are cias ed from the ikin surface. Yeurlin will grew clearer, fresher, and whiter, every ផង ។
This beauty is in the skin itself;
Mr. L. R. Andrewes was for the In reply to Major Armitage, the Crown and the fugitive was not prosecuting officer, witness said ae-legally represented."
Outlining the case, Mr. Ar- cased handed over four cash ae- counts to him. Witness did not find dreves stated that on September ja ledger account but there was 9, 1920, the defendant and ten! statement of the cinema account others, all armed, boarded a trad-
ing junk, which normally tradedi kept on a piece of paper.
between. Kongmoon and Shiching. BAD DRIVER AND WORSE How was your appointment post- Billiards Account and P.R.I. Fund The junk had no motive power of
As librarian.
was found. There was no stock its own and was at the time. being President: I think, Major Armit-book but an account of such items towed by a launch.
as tennis rackets, etc., and another age, we had better have a copy of P.R.T. book containing stock entries the posting and of his being taken in Corp. Hendry's writing came to
We discovered light. off the orders.
wards.
ed
this morning two appointments as marker and librarian. Now we know these are one and the same
person!
To witness: You handed over to Corp. Hopson at one time3-Yes.
You did not tell him he would be entitled to extra duty pay -No.
Are you owed any money on that
Later.
statement of the
►
The P.R.. correspondence was in rery bad order and was not fled. Witress was unable to trace some back correspondence for some time and no correspondetice record was fed with the accounts at first sight. kept. Witness was perfectly satis
"In a Mess."
SON.
TRAFFIC OFFENDER WHO WAS EVERYWHERE.
HIS MOTHER'S "LITTLE MONEY."
At 3 p.m. on that day, a white launch appeared at a place called Chu Tow Shan. On the appear- псе of this vassel, the launch which was towing the junk cut the tow line and inade off. The white
An elderly Chinese woman ap- launch then tale alongside and
finally to a place called Show Tow Central Magistracy yesterday at took the junk in tow, taking her peared as deputy for her son be
in the Shun Tak district where the traffic time." The son men on board were first robbed of the many offenders in the long summons list, and on four counts
fore Mr. E. W. Hamilton at
was one
Finding that things were "in a mess," he concentrated on the cor respondence first and then turned and then kept in captivity.
On April 1 last, said Mr. An-mentioned he had transgressed the his attention to the accounts, parti-
was told to report at the P.R.I.'s account now -No, it is all cleared ularly the messing account. He drewes, the defendant was seen in
office by Major Ogilvy. He then received the balance of pay from Major Lake.
Questioned by Major Miles, the defending officer, witness said that the reason he did not take further action with regard to his pay was because when he went to the P.R.I. office there were always other extra duty men there waiting for their pay. As they did not receive it, witness thought he would have to wait the same as the rest."
Questioned by the President, wip- ns, said that, so far as he knew,
NEW VALUES FOR JUNE his appointment as boulman had
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When were you paid the last lot In February of this year when I finished the job. I was paid by Sergt. Bardell,
Did you receive any extra duty pay between August 29, 1927, and March-14, 1998, that was a period during which you were not doing the duty 1-No, Sir.
The Arrest a Fluke.
mentioned this account to accused who said it was nothing to do with Stanley Street and was arrested. him as he had only to initial the The usual identification parade first page in conformance with the was later held. requirements of Army Book -49 to rertify that the messing eash book
In answer to Mr. Hamilton, Mr. balance agreed with the bank balance each month. That, he said, Andrewes indicated that the arrest
"fluke." One man who was rob was the extent of his responsibility.of the defendant was merely
bed of 8130 and who was subse quently kidnapped recognized the defendant and made a report to the Police.
Outstanding Bills.
addressed
i
motor car parking law different places,
two..
"The woman blandly, told the Magistrate that she had brought a "little money" with her to pay the fine on behalf of the son, who had
this stage told the Court that the gone to Macao. A police officer at
defendant was seen at West Point the night before.
When the case was adjourned
tendance, the woman again offered the to act as deputy.
Witness went on to say, with a laugh, that the messing account oc cupied more of his time than other The Blank Receipts..
departments until November 1 and Alter evidence had been given by for a week for the defendant's at- When you signed this receipt, he was unable to go thoroughly into the witnesses for the prosecution, which you say
Hamilton was blank, what the other accounts. Before accused Mr. money were you given 1-Only 85.
Do you remember when you sign ed it No.
Are you quite sure this was a blank receipt 1-Yes.
".
Be certain of your reply, now,
went on leave witness discussed prisoner in these words: "You with him the balance sheet for Sep-have heard, the evidence against tember 13 with regard to outstand you. Please remember I am not ing bills which were not shown on in any way judging your case. It the sheet.
is not my business to say whether Accused said the bills might be you are guilty of the crime. It is appeared in
"Judge Advocate: Did you sign met and they would have to realise only for me to say if there is suffi- Billiard Marker.
more than one blank receipt 1-Yes.some cash to pay them. He refer- cient evidence against you for me
At least two -Yes.
red to one big bill for cinema films to commit you to prison and re- His Excellency the Carpl, E. T. Oxham said he acted
and said he did not know they commend
dealt with that firm", and the Governor that you should be hand as billiard-marker in the recreation
at Murray Barracks from Did you ever receive any special pay Bills which were coming in had beened over to the Chinese Authorities, whom you will receive, I August 20, 1927, to March 4, 1998, for months when you were not per kept from his notice. When accused from
went on leave, witness had no idea have no doubt, a full trial." He produced a record of the forming extra duty 1-No, I did not.
Mr. Hamilton went on to say there was any "fraud" in the ac- Pie. Stewart Brownlow said he counts but he realised they were that it was open to fugitive to billiard table takings.
was employed as billiard marker Questioned by Major Miles, wit- and librarian about June or July, not on a satisfactory basis and could prove that the crime was of a
have been, better kept.
political character or to satisfy, bia Worship that there were other ness said that so far as he remem 1928, na Mount Austin Barracks.
No Private Shows. He kept a record book (produced). bered the only orders about his new
tradited. Witness kept the book until August He saw no reason then to suggest reasons why he should not be ex- work were given by the Regimental 18. All the entries were in wit- to accused that anything WAS Sergeant Major. He asked Lee-ness's own handwriting and were radically wrong apart from the sys-
tem and the outstanding bills. Corpl. Greaves, from whom he took made daily, over, whether he was entitled to extra duty pay, and was told that
he shonid receive 85 a month.
Witness never told an officer that he was not being paid, but he told Corp. Hendry. The latter replied that the Major had not signed the cheque. Witness asked about his pay on two occasions during the seven months and on both occasions was told by Corp. Hendry that the cheque had not been signed.
To Avoid Trouble. Witness never spoke to Major Ogilvy because he did not want to "make. á ̃fugg′′bout it. He thought he would get Corp. Hendry into trouble as witness believed he "had not seen about it."
Missing Books?
He stated that in
Learner "Out of Bounds." A licensed driver who permitteď a learner to drive a car at Deep Water Bay-an area not specified in the licence has gone to Canton.
re-
and he asked the learner to present him in Court in & charge arising out of the incident.
His Worship adjourned the ense against the licensed driver, in-. timating, that he would deal with the man's licence, and fired the learner-driver 816 for going "out of bounds."
Was
Stubbs Road Irregularities. The bend in Stubbs Road near "Huntingdon" was again mention-
a Chinese ed when
was charged with dangerous driving. It was stated that a P.W.D. lorry Prisoner's Version.
coming down the road, and the The defendant in the witness box defendant disregarded the narrow- ness of the road by crossing the The men paid the sums entered bill was received from Hong denied that he was Chan Tim, ex-
dant gave us excuses that he was in the book on pay day weekly. The Korg Amusement, Ltd., which show plaining that his name was Chan larger vehicle on the bead. Defen- book was handed over to Corpl. ed an account from January until Tu Ming Hendry every Sunday morning when October, 1928. Two payinents had April 1926, the man named Chan in a hurry and had received a Tim was head of a volunteer corp signal from the driver of the
lorry to pass. witness had the book initialled for been made during the year.
The balance due was $840 up to at Sha Lan, of which he was a
His Worship remarked that but September 30. Witness had not ranker. each day as a receipt for payment.
traced any bill for private shows or One day, a boat with four men for defendant's clean record the Cross-examined by Major Miles, special films. Witness did not find and two women on board appear-fine would be 825, but he would be witness said he was warned for the any correspondence in the P.R.I. ed at Sha Lan, and the occupants let off with 815.
Parking Near Queen's Theatre. duty by the officer commanding B office from the company with regard pulled aahore to buy cakes. Chan
Summoned for parking in the Company. The record book contain to these bills "although he looked Tim was washing his face at the time and. be noticed a smell "of ed the first catry dated July 8. The very carefully.
the driver of a private car gaid President: The accused, you say, opium from the boat. He had the lane alongside Queen's Theatre, book started on September 8, 1928,
on the Eut owing to a mistake, this should told you he did not know the bout starched and came upon &
was in. rend July 8, 1928.
the battalion had dealings with the quantity of opium and six thou- he waited ten minutes was orders of his master who cartridges. Witness took over from the last Hong Kong Amusements Company. Band
He the theatre.
his He started work in an Then how were these two payments ordered to carry this away.
did so and he told the Court that In fining defendant 85, other book but afterwards, copied made!
who had
given
Worship told him that there was the witnesses the entries into the present book, He could not say what happened
evidence against him had misd bold "No Parking, sign on the roadway, and if his master order- to the other book" which weg hand
taken him for Chan Tim.
The fugitive was
was committed to fed him to park there it was his ed, together with the book in Court,
jail to await the further order of only to pozat e thate
illegal. His Excellency the Governor, and two smaller "summary" books to his relief,
witness.
Witness: They were made out to the Cathay Film Company and they are the same company as the Hong Amy Auruse ventspan
The Court adjourned until this morning:
Witness
"
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