1932-11-25 — Page 6

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HONG KONG DAILY PRESS, FRIDAY, NOVEMBER 25, 1932.

HERBERT WALLER FOUND "NOT GUILTY

JURY RETURNS UNANIMOUS VERDICT AFTER RETIRING FIFTEEN MINUTES

MR. MCNEILL'S ADDRESS TO JURY: 'TWO THINGS WHICH SEEM ABSURD'

Acting Sub-Inspector Harbert Wailer, who was tried before the Ohlol Justice, Sir Joseph Kamp, on a charge of taking a bribe of $50 with a view to omitting a prorocution, under the Opium Ordin- anco was found "Not Quilly" by the Jury yesterday and was die- charged.

The case lasted tour days and yesterday afternoon Waller him. self went into the witness box, where he related his movaments on October 2, the day on which the alleged bribery was said to have taken place.

·Mr. J. A. Frasor prosecuted for the Crown and Mr. Duncan McNeill, instructed by Mr. G. K. Hall Brytion, was for the de- fence. Both Counsel addressed the fary very briefly.

After the Chief Justice had summed up, the jury returned a unanimous verdict of "Not Guilty,"

:

!

DEFENDANT'S EVIDENCE

The Case for the Defence.

fence.

Yu Wang Po, master of the Cheung Chun modicine shop, said

When the case commenced yes terday morning, Mr. McNeill said: "I am rather glad there was on adjournment because there was one thing which I owed it to say to you; he had known defendant for "six at the beginning. Where there is Bo much smoke, there must be some fire. After hearing the evidence so far, I expect you will have come to the conclusion that, at least there was opium in that housd on that day and at least that money was paid out to somebody. The question you must ask yourselves is:-Did defendant on the day, named re- ceived payment of bribe in the i Cheong Chan' shop?

to get the hoses ready for clçan- sing the street. On the detective's return I sent him to get coolies to sweep the streets before they were watered. The cleansing commenced at 11.30am. I then inspected soveral pig-breeding places and got the coolics to clean up some of them.

I spent some time in Foo Shing Strect, supervising the work and then went back to the dispersary to see it tho contractor had shifted the curb stones. I then returned to Foo Shing Street.

Not Looking for Opium.

I went through the lack of some premises to chase hawkers. I psas-

ed through three, shops from 'the гелг to the front and passed through the Po Wah Tong shóp once. In passing through that shop I was not looking for opium and in fact did not see any. I only wantal to chase lawkers away from the newly cleansed street.

Witness snid he did not go through any cubicle and could not say it Ling Sam was with him at that time.

penses. The .foreman thought the people would not pay and asked that a detectivo might be sent to accompany him. I instructed Ling Sam to go with the foreman and I returned to the station,

Witness, saw Ling. Sam again in Foo Shing Street at about 2.05 p.m. His intention was to return to the at ull. Three witnesses from that

station. ** I was called by the shop would be called by the de-master of the Choung Chun shop who was in conversation with the foreman of the Fire Brigade. I went over to him and Ling Sam was with me. He explained that he years, and also knew Ling Sam and told the foreman to collect money Ho Hong Sang. On October 2; from the shops in Foo Shing Street market dny at Taipo, he was in his and we arrived at the conclusion: shop until about 2.30 p.m. At that 4 cents each could meet ex- p.. he was about to leave the shop when he she a man named Chun Chiu, who, was in the side passago outsides the shop. The man asked him for street-cleaning fees, and while they were talking, he saw de- fendant, who was passing his shop. Witness motioned to him to come "I am going to press this case up. Ling Sam was with the accus as a trumped up case. The wit-ed. Witness spoke to the accused Resses contradict themselves in and suggested that Chun Chiu and respect of the important facts or Ling Sain should collect four cents disagree with one another as to from each shop. That was the first what happened. These two matters are mainly conacsted with the dif- ference between what was said in the Magistrate's Court and what was said here. They are differences in sworn, evidence regarding import ant 'facts,"

Differences in Sworn Evidence. Mr. MeNeill quoted several in etances of discrepancies in the awarnovidence in the two Courts, including that of Ho Wa, who in the Magistrate's Court stated that five 'persons were present during the borrowing of the money in the

time he had seen defendant. There was a sitting room above the shop and sometimes during the day he was upstairs and sometimes down- stairs. If Ling Sam had come to the stairs and called "Inspector," witness would have heard him. He did not see Ling Sam came to the shop at all that day, nor Ho Hong Sang.

Friendly Relationship. Cross-examined by Mr. Fraser, witness stated he Wa on good terms with the recused, but on n however, sometimes ask him to sit purely business footing. He did,

cubicle and later said he did not

down in his room. The accused had know who was there. If a person occasionally, visited witness' house borrowed money in a cubicle of such small size (11 foot by 7 feet) two shops at Taipo and also some at Tong Kok village. Witness had surely he would have known who land. He was one of the three or was present. Ling Sam, the detee four principal men in Taipo and he tive, who is stated by one of the had quite a dral of work with the Crown witnesses to have been pre district office and with the Police sent, denied that he was there.it Taipo in connection with busi What a man knew and did not strite, ness, The police might come to or know but stated in two different him in case of any matter concern- ways, must be considered in judging Taipo. He had always been on ing whether he was a strong wit good terms with the police since ness or not. >

he was elected Chairman of the Chamber of Commerce two years "go.

Continuing his analysis of the evidence, Mr. MoNeill invited the jury to test the story told by wit

Witness: No Thadday, was, tho same as any ordinary day.

An Ordinary Day. nesses for the prosecution. Taking any incident of note that happened Mr. Fraser: Can you remember the matter of atreet oleaning in that morning. Taipo, he said that Ho Hong Sang had stated that the street cleaning finished at noon. That was obvious ly untrus. The detective, Zing Sam had said it, finished at 1.30 p.m. A small point like that served to test the value of the evidence,

Forjured Witnesses.

Speaking about the wrapping of the opium, Mr. McNeill said several witnesses, had stated that the opium was wrapped in white paper, hut Lang Sam, had said it was wrap- ped in brown paper. Regarding

The only thing you can remem- ber is moeting the accused There was nothing else to note,

Corroborative evidence was given by Wong Shek, Leang Pin and Li Bat, Jaki at the Cheung-Chun- shop.

INSPECTOR WALLER'S

EVIDENCE

Cleaning Talpo.

the money, Mr. McNoill said at ons Sub-Inspector Herbert Waller, stage it was suggested that the giving evidence, said I was in motoy was paid ut the Po Wah charge at Taipo, since March. On Tony, 1 Ho suggested that the wit October bahose to do strect neeses were perjured witnesses, cleansing went but at about 10 "Those are the witnesses on 3-m. with Ling Sam, the detective which the defendant is to be con. I went to the dispensary, and com- victed of this charge" he added.

ing to the scavenging lane, I sent the detective to get a shovel. We Defendant's Evidence. went to Nam Sing Street in Taipo Market to find a contractor named The evidence of the defendant, Nan Hong. Waound him, and aid Mr. McNeill, was that he went got the detective to ask him to ye about his work assist

at that day, move some big curb-stones, then and that at the time the money was wont to the Yes Woo shop in Foo alleged to have been handed over, Shing Street with the defective and he was not at the Cheung Chun shop then acht him to the Fire Brigade

At no time on October 2 did I Ling Sam states that I handed him enter the Cheung Chun shop. If

some opium at 1.45 p.m. it is un true. At that time I was standing at the lower end of Foo Shing Strost talking with Cheung Hing. an overseer.

Witness said he had nover. receiv- cd from Ling Sam any money in respect of opium or $50 from Ho Hong Stag.

Cross-examination,

Crossed examined by Mr. Fraser, witness said ho spent 15 minutes at the drain and 15 minutes going (Continued on Page 7.)

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