1930-01-11 — Page 7

GERMAN DOCTOR

SUED.

STRANGE STORY FROM "CANTON.

PRECEDENT ESTABLISHED.

[ROM OUR OWN CORRESPONDENT.]

CANTON, Jan. 10.

Dr. Breitlander, a well-known German, medical pragtitioner ia Canton, is being sued in the City Court for $2,000 by Messrs. Wong Tak Kwong and Wong Tuk Cheung. two Kwangs students here. The cane is the outcome of the death of Wong Tak Long, which occurred in the Canton Sanitorium in January.

The trial was commenced last Tuesday in the court of Mr. Lo Ba Wing.

1

This is the first time in the his- tory of Canton that a foreigner has been tried in a Chinese court: AL though the defendant, being a Ger- man subject, has no extra-terri- torial rights, the case is considered very significant in local legal circles," more especially in view of Nau- king's recent extrality mandate.

CAUSE OF THE TRIAL. Dr. Breitlander, it appears, some tinfe ago conducted a post mortem examination upon the body of Wong Tak Long. This, it is understood, was done with the explicit approval of Dr. Lisng Fui Ki, manager of

THE HONG KONG DAILY PRESS, SATURDAY, JANUARY 11, 1930.

EXPERT IN MILD FORM OF

TORTURE.”

MAGISTRATE HOLDS DEFENDANT WAS ASSAULTED IN FORGED NOTE CASE.

PRISONER'S STATEMENTS REJECTED BY BENCH BECAUSE THEY WERE NOT. VOLUNTARY.

COUNSEL'S ANALYSIS OF THE EVIDENCE.

That the defence had proved conclusively that the defendant was assaulted in the detective office and therefore he could not admit the signed statement of the defendant, containing an alleged confession, was the decision of Mr. A. W. G. H. Grantham at the closing stages of the case in which Cheung Ching Shan was charged with uttering and possessing six forged $100 bank..

notes.

..

The defendant was discharged because, according to the Magistrate, there was a genuine doubt in his Worship's mind as to whether the defendant ever had the notes involved in the

enge,

I

In commenting on the assault, bis Worship said that although it was not certain who exactly -inflicted the wounds on the defendant's knees, it was done by a man who was an expert in a

mild form of torture.

I

Mr. Leo' d'Almada e Castro, junior, instructed by Mr. J. M. d'Almada Remedios, appeared for the defence. Mr. H. J. Armstrong, of Messrs. Deacons, represented the Shiu On Wing firm to whom the forged nates were alleged to have been passou.

Originally there was a charge of fraudulent conversion, but that was withdrawn at the first

hearing.

WHEN A CONFESSION CAN BE ADMITTED.

The district watchman said called in. At the Central Police that Sergeant Kennedy was thero Station a banknote expert, from a all the time, up to 3:30. The detee firm to which the Police always tive on being recalled, after he had went, was called in but after for twenty heard the evidence from the dis-examining the notes trict watchman, also said that Ser-minutes be declared them to be geant Kennedy was there the whole genuine. The defendant was allow

When the Court resumed yester- | 3,30. day, Mr. Grantham asked Mr. d'Almada whether it was true that Dr. Koch would not be called Mr. d'Almada replied that that was so, but he added that he intended to submit the doctor's certificate for what it was worth.

the Canton Sanitorium, where the deceased had been under treat

Before any other evidence was ment. The man was known to be

enlled the Magistrate stated his "tubercular, but his sudden death, it

views on the admissibility of the was thought, pointed to, the pre-statements which the defendant is sence of another contagious disease. and a post mortem was decided

myst

alleged to have made to the Police: At a glance, said his Worship, the statements appeared to be answers made to Sergeant Kennedy before. they went out. His Worship quoted authorities to show that had such

{י

voluntary. It is not for the defence to prove that they were not volun: tary and there is authority for that. If there is any doubt about the con- fession being voluntary or not, it should be rejected.?

time. I therefore doubt very much the evidence of all these witnesses and I must accept in the main the defendant's evidence on that point.

"Proved Conclusively,"

Not only has the prosecution failed to prove that the statements were voluntary, but the defence has proved most conclusively that the defendant was assaulted in the de- tective office. Whether it was the constable, detective or district watch- man who indicted the 'wounds, can-

not be established and we are not concerned with that in this present case, I therefore, do not admit the signed statement by the defendant." Counsel for Defence.

IMPERIALISTS BEWARE!

CANTON AND "FOREIGN AGGRESSION.”

"EXTRALITY !! PARADE.

(FROM OUR OWN CORRESPONDENT.]

CANTON, Jan. 10. Canton will to-morrow, Saturday, stage a big demonstration on the East Parade Grounds in favour of the abolition of extra-territoriality, after which a parade through the principal thoroughfares of the city will be made. The demonstration will be started at noon and ia spon sored by the Canton Government.

All the Government organs, mer- chant guilds, labour unions, public schools, colleges and universities, medical organizations, the Canton Lawyers' Association, and othe. public bodies will take part in the demonstration and parade. The parade will be led by the high oth- cials of the Canton Government, including Mr. Tang Yin Wa, Com- inissioner of Reconstruction, Mr. Wong Kwei Luk, editor and pub- Fisher of the Min Kun Dhily News (the official organ of the Canton Kuomintang), Mr. Luk Yau Kong, Superintendent of Municipal Educa tion, and Mr. Lam. Yick Chung,

member of the Provincial Council.

Huge quantities of handbills and

ed to go, but being fully convinced other literature" have been pre- of his innocence he naturally went back to his shop and stayed there, although if he had known these notes were forged he had fully twenty hours in which to make a getaway. He had heard that the numbers of the netes had been taken and he knew they would be tested at the Chartered Bank the next day, but he made no attempt to run away"

"Fool and Knave?”

The next afternoon, after the notes were discovered to be forgeries, de fendant was arrested at the Nam Hoi firm.

Dr. Breitlander tried to get con sent from the relatives of the de- erased to perform the operation,

bret the

these statements Pase

He was not there in but they were in Kwangsi. The

have been would

admissible.

hiding, but was there having a two students who have brought | But." added the Magistrate.

friendly chat. He was arrested and suit, at that time did not admit that not only must these eonfessions Mr. d'Almada then informed his charged with, among other things, be voluntary, but it is for the pro- | Worship that he had decided not conversion. The charges meant the dead man was their relative.secution to prove that they were to, call the last witness after his that the defendant, having been Dr. Breitlander again consulted

Worship had given his opinion on handed a number of $500 notes, Dr. Linng Par Ki and obtained his

the question of assault, :

took one of them and bought six, Addressing the Bench in his final (only sic, forged 8100 notes and ac approval. Dr. Kidieka, Dean of

address on behalf of the defendant,ording to that charge, he was will. Sun Yat Sen University Medical

Mr. d'Almada said: "I respectfully ing to pay $53 in good money for College, who was afterwards con-

submit to your Worship that from $100 forged. Having got rid of sulted, confirmed Dr. Breitlander's.

the very lengthy evidence adduced them on behalf of his master, he Lefore you in this case two, facts was going to gain $100 only. There findings that the cause of death

ahow, said Mr. must necessarily, emerge and im was evidence to was tuberculosis. He agreed that

press themselves on your Worship's d'Alanda that if the defendant hnd cure, would have been impossible.

mind as they did upon me. First wanted to do so, he could have de- frauded his master of large sums and absconded and need not have gone to such lengths as the pro- accution alleged. They alleged that also a fool.

SENSATIONS!

It is stated, incidentally, that the Canton Saniborium is still owed all its fees and charges in connection with treatment of the ease. Un kind rumour hath it that plaintiffs may have disclaimed their relation ship previously, for this reason!

FIRE-FIGHTING.

NEW ENGINE FOR H.K.' BRIGADE.

Going over the evidence," said Mr. Grantham, the defendant says that he was beaten by, amongst others, the detective (389, district watchnins 94, Sergeant Kennedy, and some others not mentioned He says he was beaten with a ruler

there is the fact that the defendant was twice arrested-he had every

nesses to keep something back. All along there has been something hidden. That, I submit, is one of the fentures of their story."

..

pared by the Kuomintang and will be distributed to the crowd at the Every Chinese demonstration. newspaper in Canton is giving special prominence to propaganda of this sort in compliance with the instructions of the Kuomintang. Fifteen slogans are daily appear. ing in all the dailies here, some of which rend as follows: Extra- territoriality is the protective cloak under which foreigners in China can do wrong with immunity "; "Extra-territoriality is a tool with which the foreign Imperialists carry out their aggressions in China"; Extra-territoriality is a flagraat infringement of China's sovereign- ty"; "The abolition of extra.lity means the termination of foreign aggression in China"; "Abolish extrality and do away with all the lopsided treaties with foreign countries." "These slogans have all been placarded on the

streets.

OBITUARY,

and

MR. GIDEON BALLOCH,

The announcement of the death at Home of Mr. Gideon "Balloch marks the passing of one of China's "old hands." Mr. Balloch left the Old Country in the early nineties to take up a position with Mesars. Gilman's. Most of his time out East was spent in Foochow, where he had charge of the firm's tes business. He was essentially a tea trade man, having beld & position with Mesars. Lloyd, the well-known firm of char merchants in London, Working his way up gradually, he was made a partner of the firm about 1900, and in 1900 he came to Hong Kong to take charge of the local office. While here, the late Mr. Balloch made a host of friends and his charming personality made him well-liked by all who knew him: A keen member of the A.D.C. he took a prominent part in their pro- duction, Liberty Hall." He was niso a very fine singer and a jockey cf some repute. While here, the late Mr. Balloch eerved for time on the Court of Directors of the Hong Kong Shanghai Banking Corporation.

After only two years stay here, the late Mr. Balloch left..to take charge of the London office, while Mr. W. L. Pattenden of Messrs. W. R. Loxley & Co. took his place with Gilman's.

on his knees and legs, and he also opportunity to get away had he Then the plaintiffs, who had pre-chest. He says, he was benten be-dence of the prosecution consisted defendant was not only a knave, but

says that he was punched on the guilty mind, and, secondly, the evi- viously disclaimed any relationship, fore he went out at 5.30 p.m. and in the main of a mass of contradi- came forward, and accused Dr. he was beaten again after he had cations, not in the main features, "Not Very Graceful." Breitlander of purposely killing come back from the search, He where one must expect a certain

says, moreover, that it was exceed amount of consistency, but in the sistencies in the evidence of Au

After dealing with further incon their kinanian, in order to stealingly painful and that these con minor features which so often show Yeung Yuk Tai, Mr. d'Almada ob- his organs for experimental pur fessions were extorted from him.

contradictions under cross-examina- served that there is no necessity poses!" They demanded $2,000 Medical Corroboration,

tion, and I submit, there is also new to deal with the not very grace- damages...

The only witness corroborating a third very strong feature which ful part played by the Police in this him." said Mr. Grantham, is Dr. emerges. In the whole story of the case Cannon although a good deal of prosecution, there is some attempt

"I now come to something," said- the medical evidence was hypoall along on the part of the wit. Mr. d'Almada, which has troubled

are somewhat and might have trou thetical. In one respect the doctor was certain, and that was-I don't

bled you also, and that is the pos Bay quite certain, but rather he was

sible reason why the prosecution say of very strong opinion-that the

this man has palmed off thy notes. fdefendant could not have come by Mr. J'Almada then went briefly I have suggested that thene notca his injuries either by falling down, over the allegations against the demight have come to the Ship On or by hitting himself. Dr. Cannon fendant. He drew attention to the Wing from someone else, but before also said that the nature of the evidence of the witness Au Yeung going any further in that line, I bruises on his knees rather looked Lai Sang who at one stage said dis- I would remind your. Worship that an as though he has been hit when he tinctly that he knew these notes far as these notes are concerned, was in a crouching position. He were not accepted on the market, all we have is the evidence of one also said that the bruises and but on being further questioned man who says "Yes, this man did wounds on the defendant's knees denied all knowledge of the fact hand me the notes," and the evi- were consistent with his having that there were many forgerics of dence of the defendant who says been hit with a round hard object such notes. He had extensive deal."No, I did not." It is only one An exhausive test was carried such as the ruler which we had in ings with the firms in Nam Pak man's word against another.""

Mr. d'Almada pointed to the pos- Court last time and that the marks Wong but he had nevertheless out in the New Territories yester on his chest were consistent with denied that it was well-known that sibility of the Shiu On Wing want. day of the Dennis fire engine which his having been hit with a fist.

all these firms were loth to accepting to make a scapegoat of the de- has just been added to the equip- "There was one point which stood these noten.

fendant, after having received the ment of the Hong Kong Fire out, and that was the position of Counsel went on to say that on six forged banknotes.

the bruises on the knees. They the father showing the notes to his

Reasonable Doubt, Brigade.

The test was in every were on the outside of the knees, son, the latter immediately claimed

After dealing with the times men- way satisfactory and the engine on the fibula, which goes to show that they were forgeries. Yet, in tioned by witnesses and pointing out was described as being absolutely that the defendant was not hit fust his evidence, the son had stated that that the defendant could not pos- anyhow but at a definite, place and he did not know, prior to making the last word in fire fighting apit appears to me that whoever in his discovery, that there were such sibly have changed the notes and pliances," With the engine were flicted those blows knew that a blow forged notes going round the raid two bills in the half an hour

on the fibula would cause great market.

or so in which it is alleged he did Fire Supt. Brookes, Station Officer

ao, Mr. d'Almada said that the pain, in fact the man who did so

Denied From the First. Saunders and a crew of .12 men.

was an expert in a mild form of

evidence of the prosecution left & The test occupied several hours. torture. Dr.

Continuing, Mr. d'Almada pointed large element of doubt. If his Wor- Cannon said that out that according to the evidence ship thought that there was not a An indication of the usefulness of such a wound, would cause great of the prosecution, defendant an urge element, there wan at least the new engine is given by the fact pain and a man of defendant's phy-being first accused of uttering those reasonable doubt.

sique would suffer very greatly. Dr. notes had denied all knowledge of that the machine is capable of Canton therefore does corroborate the according to one of the pro-strong): Are you raising any point the complainants was the evidence Mr. Grantham (to Mr. Arm- nointed out that the point against pumping from 200 to 700 gallone the defendant very fully."

secution's witacenes, his answer was of law? Witnesses Doubted, per minute. With such

"These are not the notes I handed Mr. Armstrong: No, Your Wor- **On the other side we have the tremendous pressure of water, it is evidence of Sergeant Kennedy, the his answer was "They were not

to them." According to two others ship.

Mr. Grantham: Then you have questionable whether a fire in any Chinese detective and the district mine.".

no right to address the Court. of the Colony's modern buildings watchman. Naturally they all deny

Coming to what happened at the Mr. Armstrong: I have no desire could get much of a hold before the having assaulted the defendant or premises of the Shiu On Wing firm, to address your Worship,

having seen him assaulted. They all Mr. d'Almada drew attention to the His Worship then went over the flamee were subdued.

notes. But one thing which, he said, atood out evidence again, observing that the say that he was not touched, their evidence does not altogether clear. There was no attempt what one thing which was certain" wan is not sufficient. If there is L agree. Where it disagreed most ever on the part of the defendant that the notes were forged. What genuine doubt as to whether the de- was whether fendant did or did not have these noticeably was in answer to the to run away. All that could be was to be decided question as to whether Sergeant said was that after denying that the the notes could be traced to the notes, he is entitled to acquittal, In this case, there is Ggenuine Kennedy was present in the denotes were his, he turned to go defendant. It was a question of

ctive office all the line Sergeant by winch vetreed qultural lering rebufdamnare i mentrestine-qual Kennedy said that he was there for thing to do. However, in spite of the complainant's. Mr. Grantham not the defendant had these notes. about a quarter of an hour, 3.15 to his denial, a district watchman was (Continued at foot of next column). I am therefore discharging him.

of water

In conjunction with the Dennis machine the latest types of exten- sion ladders are now in use by the brigade. The longest is attached sumenter the bow, pogine. Then Ladders were also tested at Kowloon Station yesterday and were found to be thoroughly efficient.

P

of the fourth witness who had denied certain visits but was con- tradicted by the district watchman, another witness for the prosecution. Mr. Grantham in concluding said: It is for the prosecution to establish beyond all reasonable dotht that it was the defendant who had these The balance of probabilities

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