1934-05-29 — Page 7

415

HONG KONG DAILY PRESS, TUESDAY, MAY

Lizaraga Gets Three Years

CHINESE

TO EIGHTEEN MONTHS

SENTEN O-CONSPIRATOR

Previous Convictions In Shanghai

The May Criminal Sessions ended yesterday when the long firm fraud case was concluded before the Chief Justice. His fionour Mr. "A."D. A. MacGregor.

Jose Lizarazs of Manila way convicted on seven of the eight charges on which he was“ tried. "Wong Sau Mo was found guilty 'on all three' charges brought against him, while Nicholas Levitsky was"found "not guilty"" by the jury on each of the five counts for which he was brought before the Chief Justice.

Upon the record of Lizaraga heing read to him by the Chief Justice, the accused protested that one of the convictions was .. by a Chinese Court and that the Spanish Consul had sivée caused the conviction to be quashed. He was sentenced to a total of three years hard, labour, Won't Sau Mo was sentenced to ëigh- teen months and Levitsky was discharged immediately upon the Jury pronouncing him "Not Guilty.”

JUDGE

AGREES WITH JURY'S

VERDICT

"I plead guilty" and maintained that when he signed the charge sheet it was blank.

...

"I ask you, gentlemen of the Jury he concluded, "to consider

Among the witnesses called yesterday morning was the Magis- trate who had sat over the pre liminary hearing of the case. Mr. E. W. Hamilton. The witness was called at Lizaraga's request and this case without regard of the His Lordship, putting Lizaraga's fact that the man who speaks is question for him asked: Do you speaking from the dock; to hear remember a witness Sul Tal, man-without prejudice." ager of the compradore shop.

Witness: I do.

The suggestion that the accused has just made is that you charac terised the witness as Har in your optaton. In that likely or im- probable?—I think it is a little sweeping.

Mr. Fraser's Remarks

for the prosecution to make an Mr. Fraser said it was unusual address in such a case, but he felt bound to go over the charges and

esidence in detail.

In the course of long review of Is that the sort of line along General pointed out that Wong the case, the Assistant Attorney which your mind was working?-har already admitted that he left actually rebuked the witness for equivocating.

!

Lizaraga's Story In bis address to the jury, Lizăraga, speaking on behalf of the other defendants said that he would take as his line the fact that the Standard Products Com pany was a genuine business.

He described the first beginnings of the Arm and said that accord

ng to the Crown these prepara tlons were made with the idea of defrauding local firms. He sub mitted that they would not have

Fone to the expense and trouble

they did for such an object,

It was also a point in their favour that though they had credit with Jardine. Matheson and other firms who often pressed them to give much bigger orders, or would

have allowed them to place much bigger orders, they did not do 80 „They, only ordered a few cases from Jardine. Matheson where they could have ordered a large number; they only got four case of Ovaltine where they might have

some baggage as a blind and that he and Lizarraga meant to get to Canton without paying their rent.

|

E

1934.

AMBULANCE BRIGADE HONOUR COMMISSIONER

(Continued from Paga 6)

His Lordship explained at some length, the law on conspiracy, and among other things pointed out since the Great War that any pars handling of men has won the es- that the Crown had suggested that of the St. John Ambulance or teem and affection of every mem- the three accused were in the ganisation has worked under war ber of the Brigade (applause). It conspiracy because they all worked conditions.

is due to his wise leadership that for the Standard Products Com- In additon to the above the pro- | the Brigade has gone from strength pany and that they all red fri) vision of our new hospital at to strength and those of you wao the same flat. His Lordship said Cheung Chau, with its 40 beds attended the last annual inspec- that he could not accept the sug- through the Beneficence-of Mr. Aution will see that the ground. la gestion that living togeher and Boon Aw and the commencement now too small för us. This is all working for the same firm was of our new Head Quarters through due to Mr. Morris's work. It is evidence of conspiracy. Insofar as the generosity of Mr. Chau Mần not only his personality in the the third accused' was concerned | Chee are matters of great, limport-Brigade which has made the name there did not appear to be muchance. Applause).""

of St. John's so much respected. else against him.

Commissioner Morris leaves on His modesty, his honesty, of pur-- the 1st June by the Empress of pose and his friendliness to dne Japan, and we wish him... z very and all has won friends outside pleasant journey. (Loud Applause), the Brigade, friends and support- When he arrives in England ters. (Applause). Much as we re- and reports at St. John Gate, we spect Mr. Morris in the Brigade want to convey an expression ofas Commissioner we respect and our loyal allegiance and goodwill admire him most as a friend of to the Grand Priory in the Brit- suffering humanity (Applause). ish Realm of the Venerable Or. Many of you know the hard work der of the St. John of Jerusalem, that he puts in, in Hongkong, Kow- and to the Heads of our Order. loon and the New Territories. He We look forward to our Commis¡ does a tour of the last named place stoner's return, and in the mean- twice a week and more often some- time we shall do all we can to times when he visits clinics and assist Mr. Ralston, who has kind-hospitals, gives first-ald to those ly consented to carry on during in need and brings cheer to the Mr. Morris's absence. (Applause), suffering. He has made the name Mr. Ralston has for many years, of the Brigade known and re- taken a prominent part in our spected not only in town but also work. On Mrs. Langley's should-in the meanest village af the New ers a great deal of extra work will | Territories.

Benefit of the Doubt

With regard to Lizaraga's answer when ̈charged, His Lordship said that the accused had alleged that the words "I plead guilty were added after the signature had been affixed by him. He said that the three police officers concerned had given àworn testimony, in Court that that was the accused's Answer, If the accused were to be believed then these three officers had deliberately falsified the evidence. If the jury were to say "I can't believe that three police officers could do such a thing," then they would have to ask" themselves why the first ac- cused pleaded guilty in the first

instance?

His Lordship concluded by say ing that if the Jury had any res- sonable doubt in their minds that the benefit of such doubt should ye to the prisoner. "It is far bet ter that gulity people should go

free

then that innocent men should be convicted," he added.

The jury retired for fifty minutes and returned a verdict of guilty on the conspiracy charge against Lizaraga. and Wong. In seven other charges the jury found Liza- raga guilty of six. Wong was Levitsky was found not guilty on found guilty of two other charges.

all counts.

fall particularly in the New Terri- Mr. Morris is leaving us on a tories and on her behalf. I desire well earned holiday On June 1. to appeal for either, the presenta- He will celebrate his, 80th birth- tion of a motor car, "or for the day on the 4th and I want him loan of one during week-ends so to feel what we wish him on that that she can make the necessary day-many happy returns of the rounds of our centres.

day

Commissioner Morris, we wish you a very pleasant journey, a healthy and joyful holiday and a speedy return to our midst (Applause).

The Sentence Addressing zaraga, His Lord-Brigade.

mously found you guilty of all the ship said: The Jury have unani-

charges against you but one, that relating to the obtaining of a type writer by fraud. With that verdict I entirely agree. It is now' alleged against you that you have a bum ber of previous convictions. i Shanghai.

4

Mr. Morris, on behalf of every member of the Brigade, officers, nurses and men. I wish you a pleasant voyage, Joyful holiday MR. SEED THI KHONG and a safe return. (Applause). Mr. Shek said: On this occasion"

MR. MORRIS - of a tea party to our popular Com-" missioner, Mr. Morris, on the eve I feel particularly honoured by Replying, Mr. Morris said: Whilst

of his departure for England on the very enthusiastic reception leave, it is my privilege to say a which yan have given me and hon few words on behalf of the mem-oured me by such a splendid at- bers of the St. John's Ambulance tendance, I must say that although I am a school teacher expecting be esteem, not only by the members embarassing to me. I wish to Mr. Morris is held in the highest able to: talk, the occasion is very of the Brigade, but by everybody thank you to the Arst place for who know's him. Although are going to miss him very much tended me. I have no prepared We the hospitality which you have ex- during his absence, we are glad he speech in which to thank the var is only taking a holiday which we lous speakers for their very glow- hope he will enjoy, and look for- Ing attributes which they have as- ward to his coming back to us re-signed to me, which I may say, 1

Mr. Morris, on behalf of the vitallised and in the pink of health. don't think I myself worthy of.

members of the Brigade, I wish you a most Deasant holiday, and assure you that we will carry on the good work during your absence Ly the Chinese Court in Shang | as we would if you were here. All If the jury held that the Star-hal. You were sentenced to three of us are going to miss you very dard Products Company was a years' imprisonment and fined much, but we are consoled by the genuine business, then the case 3400. Then on June 10, 1932, you fact that the trip will be of bene was at an end and the verdict was were sentenced to one year's im-At to you. one of Not Guilty." "The Crown Prisonment by the French Court

sentation was made by accused had to satisfy them that repre- in Shanghai,

Summing Up »

His Lordship's summing up ex- tended over two hours in the course"

of which he reviewed every aspect of the case. He said that, as originally presented, there were 3 charges for the jury to consider. but they would return formal ver. dicts of "Not Guilty" on two of them affecting Levitsky.

ྣ

11

convicted, my Lord, in any Eng- Lizaraga: I have never been

'lish Court.

His Lordship: The allegation is that on April 20, 1032, you were convicted on nine counts of fraud

Lizaraga: May I be allowed to that it was a genuine business; speak. This sentence was passed that. In fact, it was a false repre-on me by the Chinese Court in sentation: also that the accused Shanghai and the Spanish Consul knew that it was a false repre-

sentation.

,

DR. T. P. WOO

Reference has been made to the work which we undertake as an organisation. I think to make work successful it must not be consider- ed as work. It should be considered as a pastline and hobby and what measure of success that has been obtained in Hongkong, Kowloon or the New Territory I do not attribute to myself but to you. Without your assistance individually and col- Dr. T. P. Woo sald: I have known lectively and without the financial Mr. Morris since 1918, when I was

· assistance accorded me not only by asked to lecture in one of the Divi- the finance committee but also by sions in King's College. At that the generosity of the community time there were only few divi-at large, the work of the Brigade had all the charges quashed and Isions but the work of the Brigade cannot be carried on as it is at was allowed to get out' after fifteen gradually expanded from year to present. As the Crown had pointed out. months. I object to the decision of year. After Mr. Ralphs had re- in a long firm fraud such as this the Chinese Court. It is not fair tired from the Government serve to state for the information Referring to the work, I would was alleged to be, the most elabor and should not be on my record vice, Mr. Morris succeeded him or all that whatever work is an ate preparations had to be made especially as the Spanish Consul The work of the Brigade began to dertaken for the relief of suffer and money had to be spent before protested. proceeding to obtain credit.

expand from the colony to the ing whether in peace or in war, Ac- His Lordship said that it seem- cursed did all this and advertised ed to him from the records that Morris visited the different villages a hospital; in famine, fire or flood, New Territories. At first only Mr.whether it is a first aid station' or in the newspaper, and got up their the accused was released on medi- in the New Territories, but grain accident or in catastrophe, offices and godown to look exactly cal grounds in September 1933, dually he found that it was neces- whether in games or at leisure, as it would be expected. "

Sentence was then passed totall-sary to start some medical work the whole of this comes within the The first accused, speaking foring three years hard labour tor in the New Territories. Now, we scope of the St. John's organisa- all of them had said that the Lizaraga and 18 months hard have in the New Territories more tion. As you know the motto of The reason they gave cheques business was a perfectly proper labour for Wong. for such purchases as the frione; that a friend named Lei San

than 12 different stations with two your Order is service and I count His Lordship thanked the jury full medicar offcers and 15 nur-on each one of you to give the gidaire, safe, etc.. was that by Chung. who lived at 60, Jordan for the time they had spent on the sex. All of this is due to the best of his time and the best of making cash payments they saved Road, met him in town one day, case and exempted them from fur-energetic and the able organisa-his service.

invited him to dinner and there ther service for twelve months. suggested the establishment of a business to sell cheaply

obtained $2,000 worth; and after speaking to Mr. Smith of Lubring & Smith, they reduced their order from $1,800 to $180. The cheques

tor these purchases were post- dated to February 10, when Sui Tak had promised to pay the Standard Products Company.

a considerable amount of discount and not because they could obtain

A receipt and slip away before the cheques fell due.

Even now Standard Products Company had $31 to its credit The bank cashier. he submitted, was certainly not justified in clos- ing their account without notify Ing the Company. Even if they had not collected from Sul Tax. or the “man at Canton " they had #1.300 which they intended to de- posit on the Saturday,

That they intended to genuine business was evidenced by the fact that they engaged R

Fun

train from their address in Hau- ̈ kow Road.

some

smuggled goods which he possess

tion of Mr Morris who spends all Sir William Shenton has made Bundays and holidays by visiting reference to the work in the New the different stations

Territories which, as you know, is On one occasion he was called now a branch of the St. John's

ed. Lel employed Lizarraga at STEAMER SOLD up in the middle of the night by Ambulance Brigade and those who

$400 a month and also Wong, and later Levitsky. Lel, however, could not be found and nothing could be traced in connection with him by Fetches $30,000 the police.

Public Auction

Planning An Exit

the Cheung Chau Station. It was a cold and windy night.: He could not obtain a launch to cross over

support the New Territories medi- cal· Benevolence Society work in harmony for the beneft of the

Atand at last he fut a small police poor and the sick in the villeges

launch and he went with Mrs | of, the New Territories. Langley and a medical officer and ↑ "Although the scope of the work brought the patient back to the may be very simple, it must have Colony and took him to the Goy- | Anumcial support. Unless we have ernment Civil Hospital. (Applause), financial support from the com- Just recently, when he heard of munity and from our dance com- | the Gaswork explosion he went to mittes of which Mr." Tang", Shiu the scene with a number of Brí- Kin is out chairman, "and reziy gade members and started relief on his shoulders, as, in the past, on the shoulders of Mr. Ho Kam Now, Mr. Morris is about to leave Tong, and biler members of the the Colony and I am confident Finance Committee, the financial that all of you will join with me obligations of the brigade depends.

Crown allegation that on the day His Lordship, dealing with the

of their arrest, Lizarraga and Wong The Chinese steamer "To Chu Sat Mo. were planning an exit Kung" ex "Yuan eng." ex "Nord- from the Colony, mentioned the mark" ex "Caster" was sold yes- three points on which that allega- terday by public auction by book-keeper and office staff. When tion was based; namely, the posses Mesers, Lammert Bros, and fetch arrested, their baggage was at the ston of rallway tickets valid only ed $30,000. Empress Hotel If they had in for that day; the intactness of the A coasting freighter, the ship is tended to run away, it would have baggage after removal from the of 1,488 tons gross and 966 tons been much easier to put it on the Hankow Road flat to the room at net. Her length overall 248 2

the Empress Hotel: and the posses and her breadth 34 6 while the in wishing him... bon-voyage and The work will still have to be sion on the person of Wonk of all ship's depth is 18′ 5′′. She has a | Godspeed and enjoy himself in his | carried on and I rely on each one their money.

cargo capacity of 2,000 tons. This well earned holiday and return to to give Mr. Ralston, Mrs. Langley Lizaraga, continuing, said the

His Lordship in dealing with the ship, it will be recalled had re- us in the best of health. (Ap- and other officers your unstinted police action in confiscating the case against the Russian accused, cently changed hands at #80,000. plause):

and unqualifted support. 1 thank books and papers from the safe. Levitsky thought there was very

MR. A. ARCULLIN before the accused could make a little against him on that

* the various speakers for their good Speaking for the Brigade, Mr, ei | wishes which I heartily reciprocaté Yat of them, had prevented them charge. If they were to believe At Mears, Lanimert's yesterday Arculli said: It'ia my privilege on | and I hope that when I return to from proving certain receipts.

his story, it would be that of 2 No. 7 Gilman Bazaar was also put behalf of the members of the Bri- the Colony before the end of the With reference to the occasion man with innocent intentions, be up for sale, the Brst bid being gade to say a few words of respect- year. I will have a glowing report when he was charged by Inspector ing mixed up in dear.ngs with an $21,000 it was ultimately knocked ful appreciation of our Compile and hope the strength of the Murphy with conspiracy to defraud unscrupulous and perhaps crimin, down at 826,000, the successful moner, Mr. Morris, Mr. Morris, by Brigade, will advance sull further. the absolutely denied that, he said | 51 mánager::

bidder being Mr. Lâu Chénk Ting. ↑ his tact, his patience and his wise. (Applause.)

M Allegation Against Police

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