1930-08-27 — Page 7

HONG KONG DAILY PRESS. WEDNESDAY, AUGUST 27, 1930.

LIBEL ACTION BY A NURSE.

FLAWS IN FORGED NOTES

FATAL QUARREL ON PARTNERSHIP DENIED BY

BOARD SHIP

A WOMAN.

JAPANESE ON CAPITAL CHARGE.

STRANGE CASE IN THE SUPREME COURT.

"MOSQUITO" PAPER EDITOR. AS DEFENDANT.

PLAINTIFF AWARDED $1,000

AS DAMAGES,

A successful action for libel was brought at the Summary Court yesterday, before the Puisne Judge (Mr. Justier Wood), against La Cheung Wan, editor of the Tai Fai Put (Great Happiness), a bi-weekly vernacular paper. Plaintiff Miss Au Lai Yung, a student-nurse at the Tung Wah Hospital, claimed $1,000 as damages in consequence of an article published on July 8.

Mr. M. K. Lo, who appeared for plaintiff, remarked:–“ This is

getting too much, my Lord. The * mosquito paper atmosphere is becoming intolerable in Hong Kong and there must be a deterrent."

He continued that ordinarily the 'paper was not worth Eve cents, but

with such an article in it poople would go to the extent of paying a dollar for a copy.

The plaintiff had been a student nurse at the hospital for three years and was about to pass out. There was absolute ne truth in the article in question and it had done her much harm. After referring to a translation of the article, Mr. Lo said that the only construction ene could put on it was that plaintiff was a woman of loose morals, whose age had made her 'seek a mate. It further represented that she was not fit for good company, and that #she was not & fit person to be a

nurge.

Mr. Justice Wood I agree that the article is generally insulting, but I want to know exactly what she has suffered by it.

"INTERESTING POINTS IN POLICE COURT CASE.

SHORE.

DEEP WATER BAY CAR SMASH.

QUIRY REGARDING RECENT

FATALITIES.

A farther adjournment was made The inquiry into the circum CHINESE GETS SIX MONTHS. TRAGIC END TO OUTING ON at the Supreme Court yesterday stances surrounding the death of in the action brought by a repre-two men who were killed on the sentative of the Ho Shing firm early morning on August 11 when The charge against Fumi Hagi- against a woman for the recovery. a motor car in which they were wara for the alleged murder of $2.290. On this occasion the driving with fire others crashed into plaintivas not legally represent a nullah at Deep Water Bay was a Japanese carpenter, Sogara Mishima, on board the Saka Mared, while defendant conducted her concluded as the Central Magis- on August 23, was begun at Kow-wn case.

tracy yesterday. loon Magistracy yesterday when the services of a Japanese inter preter wers requisitioned.

Very good forgeries of Straits one-dollar notes were produced at Central Magistracy yesterday when a Chinese named Hui Tant was charged before Mr. H. R. Butters with possession of twenty such for geries and one counterfeit $10 note purporting to be issued by the Hong Kong and Shanghai Banking Corporation,

The local pote was, according to Mr G. W. True who gave evidence, a poor example of forged notes and was not likely to deceive anyone who was accustomed to handling banknotes. The Straits roter, how ever, were very good examples, according to Mr. E. B. Dovey who gave evidence.

Mr. Dovey said he had compared the forged notes with a genuine note supplied to him by the Police, He had before him photographs which magnified the coat of arms on the two notes about twenty times. He found the following dis crepancies in the forgery:-

The word "Dieu " was spelt "Dieo,"

in the firm and claims that she is issue in the present action is as to not responsible for the debt. The

concern, which had closed down, whether she was a partner in the

Ching Tai Yung, one of the pas sengers, stated that on the evening of August 10 he was at Shektong hul with the two deceased and

The action arose from a previous judgment awarded to the plaintiff against the Ying Fat firm of bankers in which the woman was Mr. Somerset Fitzroy conducted

alleged to be a partner. Defead-several others. the case for the prosecution, inant denied that she was a partner structed by Mr. Murphy, A.S.P., while Detective Sub-Inspector Dorl ing was also in Court. The accused was not legally represented...

Giving the facts of the case, Mr. Fitzroy said the accused was charg ed with the murder of the carpenter on August 3 The accused, the deceased and two others were said to have dined together ashore in some restaurant and the first two appeared to have had a little too much drink. There also seemed to have been some words passed be

tween the two.

The Quarrel.

Another quartermaster who was

At about three.

o'clock in the morning they hired a car and proceeded to drive round

Wong Yick Wan, one of the deceas tht ialund. When near Shaukiwan

cd, asked the public driver of the car to let him take the wheel, at Evidence was given by a witness the same time indicating that be that he was engaged by the defend-was a licenced driver of a private ant for the Ying Fat firm and he worked there for seven months.

Defendant denied this and said that she also deposited money with the firm on the recommendation of witness's father. The firm closed down later, and she was told by a fakt that plaintiff had withdrawn | all the money in the bank She went to see the plaintiff on several

on watch said he heard them talk-ccasions in an attempt to get her aing till about 2 a.m. and also heard money back, and on one of these

The central jewel in the Crown was an clipse whereas it was diamond in a genuine note.

The beads of the three lions in the Royal Standard were missing.

The central Maltese cross in the crown was very defective.

In answer to Mr. T. G. Bennett for the defence, Mr. Dovey agreed that beyond the fact that the note which he called genuine came from the Bank and the Police, he had

no proof that it was genuine, ex- cept perhaps that absolute uniform ity was found in the note declared to be genuine.

Plaintiff was then called to give evidence. She stated that she knew the article referred to her, and her friends held the same opinion. It Inaccuracies in Genuine Note. had come to the notice of the

Mr. Bennett then proceeded to Directors of the Tung Wah Hos- point out several details in the pital, who had instructed the House Burgeon to inquire into it. Plain- genuine note which appeared incor- tiff further stated she considered rect. What Mr. Bennett pointed damaged.

vehicle. Witness then fell asleep Lod was half-awakened shortly. afterwards by the swerving of the car,

The next moment the car

crashed through the railings of a bridge and plunged into the nullah. Fortunately, be only received in juries to his forehead and was able to scramble up and help to extricate the others.

The driver of another car mid towards Deep Water Bay when that he was driving from Aberdeen

Course a motor car came towards

the accused slapping the deceased visits plaintiff and her son threaten-ncar. the final bend at the Golf on the face. The accused then wented to get her involved in such a way him. Suddenly the on-coming car to the galley and obtained a knife that she would not get anything to disappeared and having heard no and returned to the cabin where est. more argument ensued. The other

quartermaster then saw the deccas- ca come out of the cabin and collapse, and the bo'sun then came told him that he (defendant) bad on the scene when the defendant

wounded the carpenter with a knife. The Chief Officer also come up and accused told him the same thing. The carpenter died a short time later.

The first witness called was a fireman on board the ships who said that together with the accused, the deceased and another man, he ₺ 6 p.m. on

that her reputation had been out was as follows to all of which went ashoreant to a rea

The crosses on the collar round the unicorn's neck were not very properly faished.

Asked by his Lordship as to what Mr. Dovey agreed:- harm the article might have on plaintiff's future career, Mr. Lo said it was probable that when plaintiff has "passed her examina- tion and wished to set up her own.

The crosses on the lion's crown private practice she might have were not well defined and appear difficulty in doing so for the reasoned to be dots, although probably that women would not desire a frivolous and firty wid-wilc, as they were meant to be Maltese indicated in the article, to attend crosses......... them in their confinement.

Disgusting Articles. Mr. Lo went on to say that such cases had been too frequent of late and the Colony should be purified

The fleur de lys on the right of the back of the Crown differed from the one on the left.

At the tip of the unicorn's horn there was a gap in the ruling.

of the A mosquito" paper atmos- The lattice" work at the bot

finished.

phere. The people responsible for such papers were always making tom right hand side in the cost of attacks on persons who could not defend themselves, and they should

arms did not appear to be properly be sternly prevented from printing such disgusting articles. Plaintiff Mr. Bennett submitted that in Was a defenceless woman and had the note declared to be a forgery no money for legal proceedings in these details were better. He ask order to defend her character and reputation. How he (Mr. Lo) came

ed whether the question of inso into the case was not a matter which curacies of details was any test at concerned the Court.

all Mr. Dovey disagreed, painting out that the wrong spelling was a great factor.

In conclusion, Mr. Lo said that the damages came under four heads -contemptuous, nominal, substan- tial and vindictive, and he sub- mitted that the case was sufficiently serious for it to be brought under the last-named heading

His Lordship agreed, saying he was very sorry for plaintiff; and: expressed the hope that such a scurrilous and unfounded article would not injure her career. Judge ment-was-entered for the plaintiff for the damages claimed and costs

of the action.

NOTORIOUS BANDIT

CAPTURED.

ARRESTED IN CANTON HOTEL

August 29. They taurant and had five bottles of Chinese wine. The accused and de- ceased were drunk while be and the other man remained “sober.

Continuing, witness said they went to a Japanese ship chandler's shop in Wanchai where the deceased remained while be, and the other two, along with an interpreter from the ship, went to buy fruit. Later they boarded a sampan but as the deceased was a long time coming, they sent the interpreter ashore for him. These two were then seen quarrelling over the loss

Defendant further alleged that the plaintiff had bought" wit Besses for the purposes of the case, and she was unable to produce them unless the Court made an order.

The Court adjourned until this morning for the appearance of fur- ther witnesses.

DIM

pit. After bandaging the victim, the officer went up and re ported the affair to the Captain, who ordered calling for the Police. The Chief cdered him to hoist the signal

Officer returned to his patient soon after and was present when the carpenter breathed his last. Half and took the defendant into cus an hour later the Police arrived

tody,

which the defendant had towards Asked regarding the attitude the accused before the incident, the always seemed to be very friendly, Chief Officer replied that the two When it appeared that there was no hope for the carpenter the accna- ed went to his cabin and shaved his head as a sign of great grief.

"You Struck

Mel"

Yoshio Harada, the quartermaster Officer, said that just before he went on watch, who woke the Chief on duty at 12.05. a.m. the deceased and accused were in his room. The deceased appeared to be in a drunken state. When he was patrol- of the deceased's umbrella and acling on deck he heard a noise, cused them went ashore with a view

to stopping the row, but the de- ceased wanted to fight with him (accused) also. The fight was even- tually stopped by witness and his friced, a coal passer employed on the ship.

Fight on Sampan. The coal passer corroborated the evidence of the last witness and added that the four men boarded a sampan to return to their ship, On the way, there was a further fight between the deceased and the accused.

coming from the direction of his

room, as if someone had slapped the defendant shouting " You struck another on the face. Then he heard

me. Shortly after, he saw the deceased coming out of the room staggering backwards. The accused was following him. A sound of someone falling was heard, followed by groans.GONE

Witness shot his electric torch on the fallen man and found the carpenter in a pool of blood. He the Chief Officer. ran and reported the matter to

sounds of a crash, witness was look- ing about when he heard cries of down to the nullah and did some "Save Life! He then rushed rescue work. About an hour later he took the last witness to hospital, making a report to the Aberdeen Police Station on the way..

The Coroner, in summing up, said that though the driver who was killed had no licence, he was able to drive and was driving before the accident in a reasonable way and speed. No criminal blame could be. attached to anyone as everything possible for the victims was done by the people there.

He then directed the jury to re- adventure to which they agreed. turn a verdict of death by mis-

INVESTITURE AT GOVT.

HOUSE.

HAICHING DEFENDERS AMONG RECIPIENTS.

day, His Excellency the Governor,

At Government House next Mon- Sir William Peel, K.B.E., C.M,G.,

will hold an investiture at 11a.m.

for the purpose of conferring honours upon the following gentle men, "all of whom appeared in inst New Year's Honours list:

C.B.E. Rear Admiral R A., S. of Naval Establishments, Hong Hill, R.N., Commodore-in-Charge, Kong, and Civil Establishments, Naval Yard.

O.B.E. (Military),-Dr. (ex- Surgeon-Commander, R.N.) W. I Gerrard, M.D., M.R.O.P. (London), D.P.H., Professor of Medicine,

Hong Kong University, and medical ment. consultant, Hong Kong Gavern-

O.B.E.-Captain O. H. Farrar, master, as. Haiching

0.B.E-Mr. Robert Perry, chief officer, A. Haiching

M.B.E.-M. F. C.Duxon, chief engineer, s.. Haiching.

MBE—Mr. - A. J. Johnson, second engineer, as. Haiching.

M.B.E. Mr. A. de Mello, third The honours awarded Captain. engineer, ss. Haighing, g

Farrar and Messrs. Perry, Duxon,

Johnson, and de Mella are for t sonal bravery in frustrating the attempted piracy aboard the a.. Baiching on December, 8 Inst year...

HIT BY BASKET OF FISH.

GAMBLER "ASSAULTS

CONSTABLE.⠀

quarrel between the accused and Earther evidence regarding the the deceased was given by another quartermaster, who was present when the trouble started. He said that the deceased appeared to have had a drink too much. It was about 1205 am, The defendant was begging the carpenter's pardon for something of which witness had no

the accused on the face. Witness.

then went out of the room in order told the deceased to demist, and

The defendant was gambling to avoid being a party in the dis with several others in Jubilee putea after Street when I arrived on the scene, Opoya Kotaro, the chief cook, and though the rest bolted when told the Court that while he was they saw me, defendang stood his sleeping that night he was awaken-ground in a defiant attitude, ̈ | ed by a knock at the door. He then warned him and was passing opened the door and admitted the on when he throw o basket of fish accused, who asked for the loan of at may following this up with a a particular knife which he men bamboo pole. I then arrested him.” he had for that implement, to which Indian constable when he charged tioned. The cook asked what use This statement was made by so

the accused replied that he required a Chinese with assault before Mr. it for cutting vegetables. Accused H. R. Butters yesterday. was given the knife, and witness Inspector Shaftsin stated that

Regarding the ink on the notes, Mr. Dovey said that the colours were very similar but in the genuine note there was a blue underprint which gave t the notes slightly purplish tint, which was not so accentuated in the forgeries The defendant was arrested on information received by a Chinese

Matsumoto Ribee, Chief Officer of Revenue Officer. He was taken to

the ship, said that he was awaken the Revenue Office where he was ed by the quartermaster on watch searched and the notes were disat about 12.30 am. on August 23.knowledge. The carpenter - struck covered in two packets concealed The quartermaster took him to a cabin where he saw the carpenter in his socks

The defendant explained that he lying on the floor in a pool of was a cigarette hawker and that blood. The accused was beside the the Straits money was given him by a seafaring customer who had deceased, and was holding a knife no Hong Kong money. The votes in his hand. were given to him in a parcel and When the Chief Officer arrived, the it was not until three days later | that he examined the parcel and accused came forward and told him discovered the presence of a Hong that he had injured the carpenter Kong, 810 bill. He at once smelt with the knife which he was hold a rat and concealed the notes on ing. The accused naked the officer his person.

His Worship, in registering a conto give the carpenter his best atten- viction, expressed his difficulty in tion, as he had no intention of body of armed police, was disIt was not conceivable. why the wounding his friend to grievously, patched to the hotel and Tang, the defendant's customer could not The knife, anidrwitness, had blood woman and a man visiting him were have changed the notes at a money woman men him hanger before purchasing the on$t="

Tang Sai Kou, one of the most natorious bandit-leaders in the North River districts, has been ar rested in Canton.

Accompanied by a young woman, Tang secretly arrived at Canton last week and took up his residence at the New Asia Hotel on the Bund under a false name. He was, how ever recognized by a detective who made a report to Police Headquar

For the past ten years Tang's followers numbering 700, have been terrorizing Pingtak, Pakongkow and other districts -- in - Northern Kwangtung

cigarettes S

Throughout hearing of the case, | him, and his uniform was not soil. the accused, who had the evidence ed, but he had no doubt that he of all witnesses interpreted to him, (the constable) was hit by the did not seek to contradict any of basket of fish, the statements made, and answered Deciding to prevent a recurrence correct" to the evidence read to of the trouble, the Magistrate bound the man over in the sum of The case was adjourned till Sep 800 to be of good behaviour for six

month

Witness attended to the carpen- The defendant's record showed a "ter's wound, which was about two previous conviction for amuggling inches wide, in front of the left him, and he was sentenced to six months hard labour.

Continued on next Column)tember

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