1933-04-08 — Page 7

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HONG KONG DAILY PRESS, SATURDAY, APRIL 8, 1933

EX-CONSTABLE CHARGED WITH ASSAULT

Struck District Watch- man While being Searched

Mr. F. C. E. Rendall (Messrs. Russ & Co.) was for plaintift and Mr. R. A Wadeson (Messrs. Dea- cons) for the defendant,

RECENT PIRACY RECALLED

Master of Gustav Diederichsen Fined

GAVE FALSE INFORMATION TO HARBOUR MASTER

re--

The recent pirasy on board the 8.5. Gustav Diedericheen was called at the Marine Court yester- day when the master of that steam- er, Captain Johann Jacobsen.. was charged with having (a) on Febru

Sub-Inspector Rozeskwy appeared. for the prosecution, and Mr. M. M. Watson represented the defen dant, who pleaded not guilty to the first charge, but admitted, the second and third.

CLAIM FOR WAGES AND COMMISSION-

Radio Services Ltd. Sued by Ex-Employee

JUDGMENT RESERVED

Judgment was reserved in the WIFE'S ATTEMPT TO HELP CA, beard before Mr. Justice Lindsell, acting Puisne Judge at Summary Court yesterday, in which The case in which a Chinese ex-Fanile tandan claimed 030.51 in constable and his wife were charg- respect of wages and commission ed with assaulting and obstructing due to him from the Radio Services two District watchman, Nos. 24 Ltd, of Gloucester Arcade, forary 27 wilfully given fales intor." and 17 in the performance of their services rendered as manager.

mation to the Harbour Master when applying for a port clear. duties was concluded at Central

ance by stating that there were Magistracy yesterday when Mr. Schofield fined the man 3200 and

no passengers when in fact there were 40; (b) left or attempted to bound him over in a surety of 8250

Kr. Rendall at the first hearing leave pont after having obtained to be of good behaviour for one

on March 28,, said the claim was a port clearance with 10 passeng year. The woman was fined $50.

Detective Sergeant D Fitches for $200 wages dub for the monthors, the number being greater than prosecuted, and Mr. C. X Kwan of February, three months salary that allowed on such a clearance; appeared for the defence.

in lieu of notice, (#600), in view of (e) unlawfully carried or attempt "According to the prosecution, the the wrongful termination of plained to carry 40 passengers on a voy- first defendant was mat by, the first tiff's employment by the defend age to Swatow without a march complainant at the mouth of Taianta, and commission totalling being made of his vessel. Wo Street on the morning 02 $139,51. He stated that the mim ol March 10. The complainant (wap $330,31 had been paid into Court had been informed that the defen- by defendants as representing the dant was carrying opium at the amount in which they admitted time) said he must search the de liability. That sum was made up fondant, but while he was doing on follows: $539.60 salary and com so, the defendant struck him 14 mission less $200 cash advanced by the chest. The complainant then defendants to the plaintiff.. caught hold of him but at that

The Defendants' Version. time, the woman defendant appear-

Mr. Wadeson yesterday after ad on the scene and struggled with them apparently with a view to noon, said that the plaintiff up enabling the male defendant to proached Mr. G. F., Gilbert mana The complainant thenger of Arnold's Radio Service early blew his whistle whereupon the first 1st year and asked him for a job, defendant took the opportunity to air. Gilbert replied that he had nothing to offer then, but later The second complainant, who when it was decided to open s happened to be passing at the time, showroom in Gloucester Arcade Ma heard the whistle and rushed to Filbert said he would take plaintiff help his colleague. He saw then na a salesman, and he was en first defendant running into gaged on April 1st, 192, at a salary house and gave chase. When he of $500 per month and commission. reached the staircase, however, the On April and plaintiff was given defendant had already gone into 200 s an advance on his salary the house, and the door was bolted and at the end of the month he the same day, he boarded the He then took the woman to the approached Mr. Gilbert for a loan vessel, and after making inquiries, }

asked Sub-Inspector Chester Woods station, while the first complainant and was given 8100. In mid-May to master the crew and the Chinese on board. On checking the crew, watched the house. While on the be was again in need of money and way to the station, they were met was advanced a further $150. had by Sergeant Fitches who When at the end of the year it he found 40 Chinese in excess. already been informed of the mat was found that the showroom was They told him they were travelling.

Swatow. tar at the station. The woman was not being run at a proft, tim passengers to Bangkok and bleeding at the mouth at the time, plaintiff was told that he would and together they proceeded to the have to find other employment at scere. Sergeant Fitches went up to the end of February. At the end the house where the other defendant of January, however, it was sugi had taken refuge. The door was gested to plaintiff that he should opazed by a woman, but the first be kept on for another month on day-to-day basini at the same defendant could not be found.

They then returned to the station rate. Plaintiff agreed to this ar and a few hours later the first de-angement, and said that he hoped fendant with his arm in a sling, to get a job with another local came and reported that he had firm. He was given a letter of re been assaulted by two district commendation by the defendant

firm. watchmen

The Defence,

escape.

run away.

Outlining the facts of the cake, the Sub-Inspector said this, on February 7 the Water Police re ceived a list from the Harbour Ofios showing the ships which had with passengera The cleared Gustav Diederichsen was not on

that list. On making inquiries at the Harbour Office, he was inform od that the Gustav Diederichsan had cleared with no passengers. Messrs. Jebsen and Co., the agents At 9.25 am. the following day, for the owners of the vessel, tele- phoned the Water Police saying that the ship had been pirated, several people kidnapped and the Chief Officer wounded. At. 11.30

Na Tickets,

In opening the case for the de- fence, Mr. Watson said that in fact the defendant thought he had clear- ed with no passengers on board; On the morning of February he went to see the charterers of the vessel, Messrs. Chin Seng Hong, and was informed that no tickets passengers had been issued to though they told him there were eight people on board, who were Deduction for Advance. :

the family of the charterers. Un- At the end of February plaintiff der the shipping regulations, these The case for the defence was that was given his salary for that month could not be counted as passengers Just before the vessel sailed, how- the first defendant had been and an e gratia payment of $900 saulted. The man who reported the for the month of March. Payment ever, 32 people came on board and matter to the polios was sent by was made in the form of two. Com the defendant could not turn them out because he did not know whe the defendant who later went to pradore orders. When plaintiff the station himself. If the defen-handed these orders to the comther another clearance had been Therefore, Mr. Watson taken. dant had assaulted the complain pradore the latter deducted $200 in submitted, the defendant and the ants, the defence submitted natur respect of advances that had been

charterers had acted rightly, and ally he would not go to the police made to plaintiff in April and May the clearance had been bona fide and reparted the matter.

of the previous year. Plaintiff reThere was nothing to show that His Worship, however, held that fused to accept $200 for the tw they had given false information, the defendant, with his experience compradore orders, handed them as the 33 people came on board just as a constable, should have gone back and left..

before the ship sailed, and did not with the complainant to the Police

Evidence for Defence. go away. They End not even paid': station direct instead of running

Mr. G. F. Gilbert in the witness for their passages, away and raporting the matter. several hours had elapsad. His box said that plaintiff had made Worship thought the reason was no proteat when he was told that probably due to the fact that the he would have to leave. Witness defendant was carrying some con- had beer. on friendly terms with traband at the time.

plaintiff who was engaged and em- With regard to the second defenployed as salesman, not sa

In the letter of dant,. His Worship said that it manager.

he had

been U.S. TRADE DOLLAR had been proved that she had taken recommendation part in the affair as it was stated referred to se manager of the

VALUE in order to help that her mouth was bleeding when showroom she was met by Sergeant Fitches. him to get the position. He was

He therefore convicted both de- fendants of assaulting District Watchman No. 24 only, but dis missed the charge with regard to District Watchman No. 17 owing to the unreliability of the latter's evidence.

LOCAL ESTATES

Mrs. $. R. Kitchell,

Mrs. Sakinaa Tazack Kitchell, alias Shek Luk, late of 34, Loigh- ton Hill Road, widow, who died on September 18, 1932, left loo! estate sworn under $46,400. Pro bate of the will has been granted to Mr. Armin Kitchell, a sbart broker, power being reserved of making a like grant to Abdoolra hiin Kitchell.

Mrs. Choy An,

Letters of administration with

G

certain that when he engaged plaintiff he had told him that it was from month to month.

Commander Newill, the Harbour Master, fined the defendant $100 on the second and third charges, and dismissed the first.

EURASIAN CHARGED WITH FALSE PRETENCES

Mr. Ho Kie compradore of Arpold & Co gave evidence of hav

Steiner Gifford, described as an ing paid plaintiff the advances Inca- tioned. Plaintiff had repaid $30. unemployed Eurasian, aged 20, was Witness refused to pay out $400. brought before Mr. Schofield at the total represented by the two Central Magistracy yesterday on compradore orders, because plain-charge of obtaining 32.80 local tip still owed the firm $200 in currency by falsely pretending that respect of advances made to bin.

the exchange of a U.S. dollar

Dong.

Mrs. Josephine Thom.

on April 6 was $3.80 whereas it was only $1. The complainant is. Ho Chow, a car driver of the Man Wo Company Heanesey Road

Detective Sergeant D. Fitches prosecuted, and the defendant who Probate of the will of Mrs. was not legally represented enter- Josephine (or Josie) Calista Thomed a plea of "Not Guilty." late of 32, Ice, House Street, has Sergeant Fitches said that he been granted to Messrs. Edgn had only four witnesses to call and Davidson, Charles Balmer John asked his Worship to fix an iter- son of Gloucester. Building, and noon for the hearing. The defen 17. Henry Lardner Deanys, of dant remarked that he had no wil Chung Tin Building. Deceased left nesses to call, but expressed the local estate valued at $34,000. wish to consult a lawyer.

The question of bail then arose, and Sergeant Fitches asked his

Chan Kam Chren.

the will annexed to the estate of Chan Kam Chuen, a retired mer. Worship to make the bail substan Choy An alias Choy Hoy An, late chant, Inte of 25, Lung Cheung tial.There is a lot of this going of 1933, Fort, Honolulu, Hawaii, Lane, Canton, left local ostation. The defendant had thirteen, of have been granted to Mr. C. E valued at 825,000 Probate of the these dollars in his possession," he

said. L. Grist, of 2, Queen's Road Cen will has been granted to Chin Tin tral, for the use The estate is Chor, of 21, Wyndham Strest. sworn under $15,000.

»Mrs. Annie-Tom,fi

His Worship suggested 8200, but Sergeant Fitches requested more.

The Magistrate:-Is $300 likely. go hold hi Ical state value at $29,100 was Sergt. Titches:-If your"""Wor- Annie Tom alias Chan Ab Mui, left by Tang-Shun U, late of Kauahip will make it 8500. alias Tom Toy Yon, late of 60 Tau Wong Street, Tam Shui His Worship:-Is he likely Kennedy Road, left local estate Village, and probate of the will be able bo raise it

Sergh Pitches:-He might valued at 88,000, Letters of ad has been granted to Tang Mo Kit ministration (do the estate have of the above address, and Tang sibly be able to do so,

Gifford was remanded to April been granted to her husband, Hon Yuk, of Lingnam University Richard Dong alias Don Jack of Canton, temporarily residing at 12 at 2:30 pm; on bail in the sum Sing, and her daughter, Anits 200, Reclamation Street, Yaumati; of 8800.

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