1931-01-09 — Page 7

FATHER AND SON GUILTY.

CONSPIRACY TO COMMIT ARSON.'

·UNANIMOUS VERDICT BY THE JURY.

An unanimous vordict of 'guilty! on a charge of conspiring to com- mit arson at 77, Wing Lok Street, on the night of October 18, was brought by the jury at the Criminal Sessions yesterday against Li Sui Ping and La Yuen, father and son, respectively, two of the accused in the lengthy trial.

The jury were agreed on a verdict of not guilty in respect of the third accused, Yeung Fu, a cook on the premises, on all charges which included conspiracy, attempt to commit arson, and actually setting firo to certain goods in the build ing.

The noting Chief Justice (Mr. Justice Wood) said he agreed with this verdict, and, after thanking the jury for the careful attention which they had given to the case, exempt ed them from further service for a period of two years. The juriors were Messrs, J. L. McPherson (foreman), S. Gidley, James Sloan, F. Wilkinson, H. J. Howard, Louis Kai Hing and Ip Fook Ling..

Judge's 'Summing-up.

In summing-up to the jury, his

HONG KONG DAILY

SUN YAT SEN UNIVERSITY.

LIQU

SUMMONS

FAILS.

EX-PRESIDENT REBUKES

THE STUDENTS. ›

(FROM OUR OWN-CORRESPONDENT.]

·CASE AGAINST, WAREHOUSE DISMISSED.

LAPSE BY A CLERK

PRESS, FRIDAY, JANUARY. 9, 1931.

SITTING BUDDHA"

CHOP

ALLEGED INFRINGEMENT OF TRADE-MARK.

WHAT A POLICE RAID REVEALED:

CORRESPONDENCE.

[All letters intended for publi- cation, must be accompanied by the name and address of the writer, not for publication, unless so deiral. bue às evidence of good faith.-E6.]

THE LOCAL EXAMINATION.

[TO THE EDITOR OF THE HONG KONG. DAILY CHESS."]

SIR,The result of the Junior

CANTON, Jab. 8,

"I cannot see that the wine Dr. Tai Chi Tau, President of the blended in this 'ense comes within

Before Mr. H. R. Buiters at the Examination Yuan of the Nanking the definition of adulterated liquor Kowloon Magistracy yesterday, Government and Chairman of the and therefore the summons that Tang Kwai Sang was charged with Board of Regents of Sun Yat Sen be dismissed; even if I found the having made an jufringement on Local Examination, which had been University, who arrived in Chinton offenes had been committed, I would trade mark 147 of 1928 on December anxiously waited for and even yesterday, called the students of the not have fined the defendant more, and also with having sold or actually dreamt of by those who University together in the audithan 81 in view of all the circum had in his posscesion for sule, cer- sat for it, was at last published torium and reprimanded them in to stances of the case," remarked Mr.tain goods which bore a trade mark yesterday. uncertain terns for their anwar indsell it the Central Police Court very similar to one which is already caused a tremendous joy to the It has unquestionably ranted strike over Nanking's ap. yesterday when he decided that the registered.

succossful candidates, but how much pointment of Mr. Kin Taiang Ching, innaagement of the Hang Lam Mr. F. C. E. Rendall appeared more tremendous sorrow has it Commissioner of Education, to the Chong licenced warehouse had no for the compininnits while the de-caused to those who do not see their presidency. The business of a stud.ease to answer on a summons for fendant was not legally represent names in the list. It may be ent, he said, was to study and pre-manufacturing adulterated liquored.

imagined how a sleepless night was pare himself for good citizenship on their premises.

Outlining his case, Mr. Rendall passed by the unsuccessful can- and not to interfere with the adt

Mr. R. R. Todil (Assistant said that the complainant was Kong didates and by their tators!. ministration of the institution, Superintendent of Imports and Heung Po, who is the attorney for

He upheld Nanking's decision in Exports) appeared for the prosecu-Wai Shui Pak, the sole proprietor Matriculation Exninination púb This result and that of the appointing Mr. Kin to the presi-tion and Mr. 31. K. Lo'defended.

of the Yes. Tiu Tong Dispensary, fished about and as such, Wai was tho register-oliviously show that the standard of a fortnight ago, ed owner of trade marks 147 of 1998 knowledge of the students in the and 250 of 1929 in Class III., in middle schools is altogether too low respect of medical and chemical save in only in a few schools. And substances. For many years he had it is no wonder why so many stud-g been doing business in Saigon where ents when passing out of schools to he had an extensive trade. Last embrace a profession find themselves year, Wai came to Hong Kong with lacking knowledge, vspecially gen the object of starting a business eral knowledge.

dency, which the students had op. Revenue Officer Powell said he posed so strongly, and he declared examined a consignment of wine that the newly-appointed President declared as sum ching and wheung had exceptional qualifications for ching which had arrived from the post. At this point the stud. Macno on December 6 by the Sin enta hissed and jeered. Dr. Tai ing. The primary object of the requested them to behave them examination was to test the strength salves, and the outburst subsided.of the spirit. He smelt and tasted Coloured banners bearing inscrip. it, and was of the opinion that the tions denouncing, Mr. Kin Teing liquor was spirits of wine, “

His Worship asked how it was Ching and welcoming Dr. Tal were

on the spot,

Something Wrong With Permit." Mr. Todd replied that if the wine were going into bond is would still be under the control of the Imports SIX MONTHS FOR ASSAULT. and Exports office. He added that

here and also one in Canton, and while here he appointed agents and

posters on the tram-cars.

this year was by no means loniënt. The marking of the examination

the examination ball, would not have been so full! This strict mark-

Lordship said that the evidence displayed all over the campus, but that the wine was allowed to be advertised his goods on a very largo This was not anticipated before the against the first and second pris. Dr. Tai said he did not admire their taken away instead of being seized scale in Chinese newspapers and sending in of the entry forms, else. oners should be considered separ-igns of welcome, and said he would ately as there was a difference in return to the University whether each case. As Mr. Jenkin had the students approved or not. pointed out in his address for the defence, nobody could be convicted on anything that was a mere guess or supposition. There must bo

something went wrong with the reasonable proof of guilty and any

permit which Revenue Officer thing short of that was not enough

Powell had endorsed. It was re- for a conviction. The jury. had to

turned to the office and should have be satisfied that the prisoners or A Chinese was yesterday sen

been sent to the Superintendent any one of them were accomplices tenced by Mr. Butters at the Kowr. J. D. Lloyd) but by some

HIGHWAY ROBBERY NOT PROVED...

in an agreement to set fire to the loon Magistracy to six months on mistake it was put in with some premises. They had to considera charge of having assaulted a the whole of the facts and draw public car driver on the Taipo Road their inferences from them as a on Debenber 11. whole.

Mr. Jenkin had said that it did not matter how far certain facts went to prove the prisoners guilty,

Defendant was also charged with having robbed the driver of the sum of 85.30 and two keys.

other permits and it was not until December 9, the day after the blend ing had taken place, that Mr. Lloyd saw it.

re

"The Sitting Buddha." The trade mark bearing a Sitting ing has caused a certain amount of Buddha, 147. of 1928, was assigned melancholy to the unsuccessful can- to Wai Shui Pak by the previous didates, but if it will continue, it owner, people went to the Yee Tin will in the long run do the cau Tong Dispensary and asked for some didates ample good. Yin Yeung medical plaster, and For most of the candidates sitting although they were told that the for the last examination were en- Dispensary did not stock this, entirely unfit, and I am

sure the quiries kept on pouring in. This registrar-can tell much better than made the management of the dis myself about this. They depended pensary suspicious that something largely on chance or lenient mark, was wrong and they began to make ing to creep' through. When in tho investigations. In due course, one lower classes they were too anxious of their fokis came across a hawker for promotion and managed to secure, on a Yaumati ferry launch selling it before they were ready; hence Revenue Officer Powell was the plaster and he (the fobi) ne- when they rushed up to the higher enlled, and asked why the liquor cordingly bought a packet when he cinsees, they proved themselves to- was allowed to be taken away, anid was given a handbill as well, which tally unqualified, as the last result the permit should have gone said that the plaster was a product has shown. straight to the Superintendent, and of the Yes Tin Dispensary. The

Now if the examiners continue to as he received no instructions to the bill also stated that the plaster be strict or even stricter in mark contrary, permission was given. was manufactured at 138, Woosung ing the papers, as a signal to those dence of having been present at the fact that it was a false address. chance of scraping through then Revenue Officer Tuck gave eri- Street, but inquiries revented the students that there is absolutely no blending of the spirits. Before the Subsequently another foki of the these students will not be so anxious liquor was blended he took samples which he submitted to Mr. H. A, Yee Tin Tong Dispensary bought to get school promotion and their Taylor, who, two days later, gave another packet of the plaster and teachers will deal with such pro- hia instructions to obtain saniples ship added that he had listened the two prisoners, and without

On the evidence brought against of the wine which had not yet been this foki made further enquiries as motion more seriously, and raise

blended.

a result of which he was taken to the standard of all the classes in very carefully to hear what the fact bringing in the evidence of the third analysis of the wine which he des clamation Street, where he

Mr. Taylor gave details of his the Mee Heung tea-shop in Re-order to meet with the requirements. was that was going to establish.the prisoner, there was considerable cribed as being spirits of wine, and

of the examiners. Consequently, junocence of one or the other of the evidence against the first prisoner, notam ching and sheung ching as given. another handbill and the University will have a better two men, but he did not think there but only a small amount against the

declared.

plaster.Ile was further told that standard of students and commer was such a fact,

Answering Mr. Lo, witats said second. Taking the evidence of the that if the permit had been seen

the manufacturer was Tang Kwaicial and professional circles will third prisoner into account, it by Mr. Lloyd in time, the Depart Sang.

see more proficiency. ment would have known of the seemed to his Lordship that the nature of the liquor on December verdict against the second prisoner 0. The fact that the blending was was entirely based upon it, while

Mr. Butters said that he did not if there was one fact establishing think any jury would convict de their innocence. That was true, fendant on the count of highway as there might be any amount of robbery. He would, therefore, dis- suspicion ngainst a man, which chargo defendant on that charge, suspicion disappeared, if he could but sentenced him for assault as prove one fact which cleared him. Fabove.

He would advise the jury to con sider very carefully whether Mr.

Jenkin's comment had any applica tion to the prisoners.

His Lord-

the point wats, irrespective of whe ther they wore partners or not, they cooperated with other people in the plan to burn down the building.

Weight of Evidence.

prisoner very much stronger.

later, was reasonable inference allowed to take place two days it made the case against the first for the defendant to think that

After dealing with the statement | wine,

there was nothing wrong with the of the third prisoner, his Lordship pointed out that it had been sug grated the man was trying to save

No Endorsement on Permit. Speaking of the permit, on which

Promises Balded.

Was

A

Partnership Immateriai, After dealing with the evidence regarding preparation for the fire,

This led to the premises in Re- his Lordship remarked that had

the Police on December as when clamation Street being raided by been suggested it was for the

they discovered a quantity of the Crown to show that the prisoners, or any one of them, were partners

plasters and handbills as well as in the Tin Sang Tong. If it were

wrappers for the plasters. question of the liability of any his own skin, but if they believed the wine was delivered, witness the original trade mark bore a figure Concluding, Mr. Rendall said that individual debts of the firm, and his story-and he had given his agreed that, the endorsements made ovidenco was offered to prove that evidence in a very straightforward by Revenue Officer Powell on the of the Silting Buddha while the either of the men were partners, opinion that a proper verdict would on the duplicate which had been göddess of merer-in a sitting pos- way-then his Lordship was of the original should have been entered false one depicted the figure of the then it might well be held to be be one of not guilty. The jury had handed to the defendant'e agents.ture as well-so that it resembled sufficient In this case, however, to take all three charges into con- It would be very unfair if the re- convict him on all or any one of sideration against this prisoner and marks and not been entered.

the Sitting Buddha. Mr. Rondall When shown the duplicate permit remarked that the Goddess of them if they believed his evidence. by Mr. Lo, Mr. Taylor agreed that Mercy was usually seen in a stand- bringing in their verdict at 3.25 p.m. He remarked that he had not seen

The jury retired for 40 minutes, it did not bear the endorsemente. ing position.

Kong Houng Po then went into His Lordship discharged the third it before coming into Court,

the witness-box and gave evidence It was clear from the evidence had found him not guilty on al Lloyd might have called on, the remarks. In reply to the Magis accused, remarking that the..jury His Wordlip remarked that Mr. to bear out Mr. Rendall's opening that the frat accused was habitual-

consignea to see whether the origin-trate, witness said that although his ly on the premises, and he was Judge's Comment.

al endorsements had been entered firm in Saigon had sold plasters for known to be the owner of the

on the duplicate permit,

quite a long time they had not sold Addressing the first, and second Wah Han. The evidence of the in- accused, hie Lordship said that the lor said it was permissible to im

In reply to the Bench, Mr. Tay-any in their Hong Kong branch yet. At this stage the case was ad surance broker pointed to the fact jury have found there had been a port-spirits of wine if duty were journed till Thursday, the 18th inst., that he dealt with this prisoner asing with the object of defrauding

conspiracy to set fire to the build-paid on it.

nt e p.m., bail being allowed at be the agent of Tin Sang Tong. It the insurance companies, and that the definition of adulterated

His Worship drew attention to fore." als seemed quite clear that the in- the prisoners were parties in this liquor sul mentioned that it was flammable material was introduced ship thought, the verdict was right, adulterated wine was wins mixed conspiracy. Personally, his Lord laid down in the Ordinance that into the premises by the Po Tai, The prisoners had boon found or coloured to the prejudice of the Connaught Road, West, and guilty of a serious crime involving purchaser. There was nothing to that firat prisoner's presence on the possible damage to property and show that the purchaser was pre-

possible loss of life. They land not judiced in the present ease... Po. Tai promises both before nad been convicted of setting fire to the, Mr. Todd submitted that the pro- úfter the fire bud alig been building bute, hos pare quilt-feastian kadhaa There was evidence tult, he abrent par cospray ware was not min chẳng or shewag ching,

ed biedt from there on the night after the fire and was later takon to the Police Station unwillingly." (Continued at foot of next column)

counts,

led up to the fire.

His Lordship sentenced the first accused to three years' imprison ment with bard labour, and the second accused for a period of two years.

ther it was injurious or not did not as stated by the defendant. Whe- affect the onse He laid stress on the point that the liquor genot of the nature and quality indinated by the labels.

ST. JOHN AMBULANCE BRIGADE.

Mr. A. Morris, District Super- intendent, informs us that through the, courtesy and kindness of the Chairman and Committee of the drawing in connection with the place on the premises of the above S.J.A.B. has been arranged to take' named association on Wednesday, January 14, At 4 p.m.

Purchasers of tickets are invited to attend to witness the draw.

The Italian Convent and the St. Mary' School which have obtained

be congratulated. A parent, who enviable 100 per cent, success are to

has a daughter in either of theat

two schools and a son in a none- passed school will wish these girl schools to open classes for boys!- Yours, etc.

STRICT POLICY. Hong Kong, January 8.

THE FELIX VILLAS MURDER.

FURTHER HEARING OF CASE AGAINST HOUSEBOY.

Before Mr. E. Lindsell yester day the Felix Villas murder chee was continued,

stated that he first noticed, trouble A pook employed by Mr. Ohl between the accused and the de- consed, five months ago. "I was present when they had a fight, and decensed threw a cooking pot at the other man's head cutting it slightly, and he retaliated with his fista'

The Magistrate: How did the fight end

21

The Magistrate: The fight ended Witness: I cannot say who won,

annot say wh

in a draw 1

ylber 10 mi vy deter Wilpern nerred nad, added that physique than the deceased. cause of the trouble was duo, in Witness, went on to say that the his opinion, to the docensed dis obeying the orders of the decised.

After further evidence,the hear- ing was adjourned.

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