1930-01-16 — Page 5

JOEL BROTHERS SUED.

CONSPIRACY ALLEGED IN

A DIAMOND PACT.

The Court of Appeal has, allow ed an appeal by United Diamond Fields of British Guiana, Limited, from the refusal of Mr. Justice Finlay to order the evidence of Victorine Antonio Pirca to be taken before commissioner with a risw to its use in an action.

The action was against Mr. Solo- mon Barnato Joel, Mr. Jack Bar-j nato Joel, and Barnato Brothers, Mr. Walter Dunkels, Sir Ernest Oppenheimer, Mr. Louis Oppen- heimer, Mr. Heuty Claridge, and Messrs. A. Dunkerabuhler and Co.,

I

THE HONG KONG DAILY PRESS, THURSDAY, JANUARY 16, 1930.

Mr. Otto Oppenheimer, Mr. Albert Edward I'lley. Mr. Reuben Cohen, and Mr. Leonard Stack.

Sir Patrick Hastings, K.C.said the first eight defendants were con- nected with the Diamond Syndi rate, which entered into an ágree,

meat with the company which gave and officials were appointed to en

the syndicate powers over output,

The defendants, of "course, dent- jed the alleged conspiracy.

Mr. Pires was a director of the company. He was now in this country, but was leaving on Decem.

er 21.

members of the Diamond Syndi Mr. Harold Murphy, for the cate agreed that Mr. Pires was a fores them. Mr. Otto Oppenheimer,effort should be made to induce him vital witness, and said that every who, with the other defendants, had been employed by the syndieste, to be present at the trial. became the diamond expert of the

company.

. It became essential for the syndi- cate to see that too many diamonds did not come from British Guians, and the company alleged that in consequence of a conspiracy the amounts to be paid to them became to small that their diamonds were not produced at' a profit.

without

您

The pre-

JURY DISREGARD |HEARTLESS WOMAN CORONER'S VIEW.

CHRISTIAN SCIENCE HOME CENSURED.

WOMAN'S JUMP FROM WINDOW.

Mr. Beyfus, for other defendants, submitted that the action could

The proprietors of a Christian proceed without him, and Lord Justics Lawrance said justice re- Science Honic at Greenford, Mid- quired that be should be

ex-dlesex, were censared by the jury amined before an examiner.

at an Ealing inquest last month order would be. judice to the right of the judge Mrs: Amelia Lundy, of Beverley to permit the evidence to be rend Boad, Barnes, who jumped from a at the trial

landing window in the home and died from injuries. A doctor who had attended Mrs. Lundy said that

CLASSIFIED ADVERTISEMENTS. She was physically, sound, but not

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ADVERTISEMENT MANAGER, Hongkong Daily

11, Ice House Street, or P.O. Box 1.

mentally sound, although she had not been fortified.

Her daughter, Miss Elizabeth Amelia Lundy, said that her mother had been taken to the home tex porarily while the family were mov- ing. Neither her mother nor her- self were Christian Scientists, but an uncle, who assisted them finan- einlly, insisted that Mrs. Lundy should

go to the home. Miss Lundy said that a short time be fore her mother bad threatened to jump out of the window... When she (the witness), her brother, and uncle took Mrs. Lundy to the home Tuesday they explained the case fully to the proprietress. They were told that the windows were fastened. Mr. Reginald Edmund Godfrey, f Castlenou Road, Barnes, uncle of the last witness, said that he had auggested Mrs. Lundy's removal to the home as he thought it prefer able to having her certified and sent to an asylum. My sister," he added, "was person of great charm in her normal periods, and could persuade anyone to do almost anything. I can quite understand that she might have got the nurse to leave her for a moment, "The people at the home," he said,

were very kind."

PUNISHED.

TIED UP MUITSAI AND BEAT HER.

"

CHILD'S PATHETIC STORY.

Remarking that she was "entirely heartless," Mr. T. S. Whyto Smith

DIRTY SHED IN MODY ROAD,

ORDER FOR REMOVAL.

A Chinted contractor was BLUE- moned before Mr. T.. S. Whyte Smith at Kowloon Magistracy yez- terday for maintaining an illegal

shed since August 23 last, and using it as a kitchen.

וי

at Kowloon Magistracy yesterday Defendant pleaded guilty and fined a Chinese woman $100 for ill-aid that he was away at Canton treating her twelve year old mi and unable to seg to his business.

esai.

Mr. H. R. Butters of the Secre tariat for Chinese Affairs prosecut ed, and the defendant was repro sented by Mr. J. M. Remedios Mr. Remedios pleaded not guilty saying that the girl was chastised but only for purposes of correction

Outlining the case, Mr.Butters said that on December 31 last, at 10 p.m. the mui tsai was brought to the Sham Shui Po Police Station by Wei-Hei-Wei constable, who raid that he had found her lying on the staircase of a house. The girl told the police that she had been beaten and turned out because of a delay in carrying water to her mistress. A Chinese detective went with the mui trai to the flat where ber mistress lived, and there the girl pointed out the defendant as the person who had beaten her. The detective asked the woman to come to the Police Station but she refused. The mui trai was taken to the Kwong Wah Hospital that night and brought over to the S.C.A. office on January 2. Sho was then taken to the Government Civil Hospital where she examined by Dr. Thomas. He found eight bruise marks on the lower left thigh and leg and 14 marks on the right thigh and leg. there

bruise

marks around both wrists which he took to have been eaused by a rope, tied Miss Helen Swain, the nurse who

round her. Mr. Butters added attended Mrs. Lundy, said- that on

that even after 15 days, there were still visible marks of the thrashing Wednesday morning Mrs. Lundy asked for some hot milk with ber

Dr. G. H. Thomas, of the Govern- breakfast. As she went downstairs

ment Civil Hospital said that he to order it she heard a call that found & bruise marks on the left there was someone out of the win leg and 14 on the right as mention- Jay. The window was on the landed by Mr. Butters. Some were faint but others distinct." Round ing, and Mrs. Lundy had taken a chair from her room to climb up

both wrists he found more bruises, to it.

The girl appeared to be well nourished and clean."

The Coroner: Yes, one must be just. It seems to me that it might have happened anywhere...

were

The shed had since been removed,

Mr. Reynolds of the P.W.D., who preecouted, told the Magistrato that numerous complaints has beeu received about the shed which was very dirty and a breeding place for mosquitoes. Defendant had been notified on August last to re- move it but it remained. The shed was used as a storerooin and kit- chen but it was quite insanitary. The shed was at the corner of Chatham and Mody Reads in the centre of a European community. Owing to the peculiar condition of the structure it was difficult to keep it clean.

His Worship asked if an order to remove it would be sufficient, had taken considerable trouble in but Mr. Reynolds replied that he going to warn the defendant's firm, and that a nominal fine should be imposed.

Magistrate How long shall I give him Forty-eight hours should be enough.

The di-

Mr. Reynolds added that, the kitchen on his premises but this defendant was already allowed one was an additional one. culty appeared to be that in the defendant's made responsible for removing the was ahed. Moreover, the defendant'a felis neglected to tell the defen- dant when he came back.

"Jury'a Verdict, Not Mine."

Examination in Court. Mrs. Gertrude Robinson, the re-

Dr. Thomas was asked by Mr. gistered proprietress of the home.

Butters to examine the girl in who said that she was a Christian

Court for any of the marks men- Scientist, stated that she had had

tioned by hita in his evidence and the home for three and a half years without any trouble or complaint.found three bruises still visible.

on doing so, Dr. Thomas said he She had had previous experience.

The Coroner: If you had realised, that she had been badly hurt, would you have called a doctor 7-Yee.

The Coroner: I thought it was against your belief?—Yei, it is, but there are certain emergencies for which there are rules we cannot ignore. Mrs. Bobinson added that Mrs. Lundy did not ask for a doc tor or complain of pain. The wit- ness did not inform the relatives' because she did not think Mrs. Lundy was badly hurt. Her hus- band was a trained medical atten- dant and examined Mrs. Lundy but could find no serious injury.

Dr. Renall said that death was

due to a compressed fracture of the

spine.

The Coroner: It would be very difficult for a non-medical man to diagnose -It would be exceedingly dificult for a medical mari to detect without X-rays.

The Coroner said that it was ap- parently a case of suicide. It was easy enough to be wise after the event, but it seemed to him that it might have happened in any home. He was sure the jury would be wise, and broadminded enough not to find fault just because it hap- ened to be a Christian Science

home..

absence

no-one

Was

The Magistrate imposed a fine of 815 and made an order for the shed to be removed within one week.

was beaten for that reason. The girl denied these suggestion,

Magistrate:" "How hands tied?" Behind my back, I was tied to a partition."

ware

your

Treated Like Her Own. Mr. Remedios then put the dofer- dant in the witness box.

She con- frmed his statement of the theft from the neighbours. She denied having tied the girl's hands and said that she had only beaten her once or twice. She gave the girl a beating just as she would have done if she had been one of her own 10 children.

she did not bring the neighbours Mr. Butters asked witness why from whom she said the child had stolen 10 confirm her story. Wit Mr. Remedios asked the Doctor ness replied Because they are of what he meant by "some being a different surname they won't faint and others not. Did he come. They don't like to come to mean that they had not been caused Court." at the same time? Witness replied

3r. Butters remarked to the lo that that was his inference.

fendant that she had told the police In reply to the Magistrate. the when she was charged that it was Doctor said that there were marks of breaking of the skin, and who had beaten the girl. Witness 20 the neighbours, and not she herself. that from the marks around the replied that when she was arrested girl'a wrinta he would infer that she didn't know what to say. rope had been tied around them. The marks on the legs were at the side and back, not in front, indicat ing that the striker was behind the girl.

take any action to find her when Magistrate': Why didn't you she stayed out so late?" Witness replied that she had gone out to look for the girl.

Magistrate: "Can you give any alleged thrashing, from the nature your own children, I don't think Magistrate: If you had treated opinion as to the severity of the the girl as you any, like one of of the bruise marks?"-"She was that she would have run away. not struck on any dangerous part Witness--I suppose she was angry. of the body,"

Magistrate: "From a point of view of pain at the time, would you say they were severe-"Yes, it they were all inflicted at the same time very severe, if not, they would not be so bad."

In a Strange Stairway.

A Very Bed Caso.

The Magistrate reviewing the case said: "I certainly think it is a very bad case and I believe the girls' story as being more probable of the two. Even if I did believa the defendants story it wouldn't justify chastisement of such sever- brought the girl to the Police possible that a child should bear the The Wei-Hei-Wei constable who its." He added that it was im Station told the Court that he was marks of a reasonable chastisement on duty in Apoey Street at about for such a long period, and he had 0.45 p.m. when he was told by no reason to doubt that the marks man who came out of a flat that on the wrist were made by the rope. there was a child lying on the stair- It was quite unnecessary to tie up girl of that age and it appeared girl in a very miserable state, and that it was done in order to in- took her to the Station.

flict a severe thrashing. He had heard it argued that a child was Lee Chui Ngan, the mui taai, said often tied up to assure that the that she was 12 years of age, biows fell on "a" safe part of Chinese reckoning (10-11) and came the body, but he could not agree. from the Yui Wai District. Her To tie up a child before beating it parents were alive and living at was worse than the chastisement. the Kin Hang village. She was M State of Misery, sold to the defendant about four

The girl must have been in a state years ago at the age of 8 and came of great misery when found, and to Hong Kong about two months it was most pathetic to see a ago. Her mistress beat her with a child of that age, who had no rattan feather duster, when she was friends to go to in her trouble. tied up with a rope. Her mistress It must have been a hard life had sent her out to fetch water and for her with 10 children to look beat her because she was late. She after," he added, "and to get a had been beaten before, she added,

Sold at the age of 8.

The jury returned a verdict of suicide during temporary insanity, and the foreman added: "We conway. He went up and found the sider the proprietress was guilty of neglect for the following reasons -(1) For not taking any precau- tion to protect the deceased from the tendency of which she was made aware; (2) in not immediately call. ing in a doctor; and (3) in emit. Ling inform the relatives at once of the occurrence. On these grounds we consider she is deserving of censure."

The Coroner conveyed this con sure to Mrs. Robinson, adding, “It is the jury's verdict, not mine."

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READERS

Aro

that inquiries relating to the share market are answer- ed on page 11, every Tuesday by "Kufan." Letters should

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the Editor.

Thrashed for Pilloring.

but this was the worst, and she ran thrashing every now and then made

it worse. away because she was afräid.

The defendant was a heartless woman. She had missed the girl Mr. Remelios cross-examining the and was quite unconcerned about girl suggested that she had stolen her. When she was told to go to from the grocer's stalls when sent the Police Station to get news of to buy things, and tänt on one the missing child, she refused to occasion the grocer brought her do so. back to her mistress and made a

"Tell her," said that Magistrate

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complaint and her mistress chastis to the interpreter, "that I think ed her. On the occasion in ques she is entirely heartless You say dignaeberhadazialen nomen natuwadskonstante penzinkile kasulikandmet from the next door neighbour and I don't believe, you., Convicted,

(Continued on next Öolumn.) and Aned $100,"

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