1936-03-21 — Page 6

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HONG KONG DAILY PRESS, SATURDAY, MARCH 21, 1936.

TRAFFIC IN OPIUM

Candid Admission By Peddler

WOOSUNG STREET

COLLAPSE

Inquest Held

CONVICTION SQUASHED

Court of Appeal Upheld Contention

Around the Courts

shop for $9.60.' Mr. Schofield re- manded defendant for 24 hours, in order to enable the police to re- cover the ring.

STOLE SILVER WARE Appearing on a charge of theft of various articles of silver ware the property of Mr. George" Huen Evidence of the condition of the

Kwai Lee, two Chinese coolle ser-

IRON SHUTTER houses Nos. 8 to 13 Woo Sung Street A trank admission that she was which collapsed on February 19 result-

Judgment, which was reserved at

vants, Kwok Kam and Kwok Hon Theft of an iron-fre shutter was engaged in dealing with the whole- ing in the deaths of sight persons and

a previous hearing at the Supreme

were sentenced to two months' im- } the charge preferred against Chan- R. E sale distribution of prepared non causing injury to a further soven, was Court before Mr. Justice

prisonment by Mr. Macfadyen at | Fook, aged 21, streat coolie, before the matter Government opium, was made dur-

of important expert Lindsell, was pronounced yester-the Kowloon Magistracy yesterday. Mr. Balfour at the Central Magis- evidence given by Mr. H. J. Best, day at the conclusion of the Ap- ing the hearing of evidence, by Engineer Overseer of the Public

Evidence produced showed that tracy 'yesterday, Sub-Inspector of the the two defendants were employed Hallam stated that there had re- married woman named Cham Mul. Works Department, when the inquire peal against the decision

complainant ALS housecently been a fire in the house was continued by Mr. QAA, Mac Magistrate, Mr. S. F. Balfour, who by the fadyen at the Kowloon Magistracy it will be recalled, sentenced the coolles. On the disappearance of | from which defendant had taken appellant, Wong Fal to six the articles from the house, first the article, No. 322 Queen's Road yesterday.

months' hard labour on a charge

defendant wis suspected and Central. Defendant pleaded that.. of larceny by a trick, when he ap-

arrested. The total value of the he saw several people going up to silver ware was $60.

the premises to pick up rubbish, so he went to see what he could pick up and found the shutter. Defendant was, released with a caution,

who appeared before in the Mr. W. Schofield at the Central Magis tracy dock charged together with three men, Leung Sang, Cheung Ken Leung, and Chan Cheung with the possession of 560 taels of pre- ; afternoon, during which time he dealt peared before the Magistrate,

pared opium, valued at $6,000.

Her husband said the woman, was at present in Singaporè and had been in the Colony with her same two months before her ar- She herself rest (on March 4,3

"the was not acquainted with business", but her husband was.

Revenue Officer A. W. Grimmitt prosecuted, while all the four de- tendants were represented by Mr. M. A. da Silva, who stated that he had instructions to admit guilt on behalf of the woman (first ac- cused) and not builty" for the rest of the defendants.

Mr. Beat was the cleventh witness to occupy the witness box where he remained for almost the whole of the

on the building of the houses in 1900, their structure, and anally his reasons which might have caused the collapse. The jury comprised Messrs. O. B. Payne (Forsman), A. Krilovsky and Ip Fuk-ling.

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The deceased persons were Ste-mui, 43, female; Yip Choi, sub- contractor; Mui Yee, 62, female; Ho Yea-ku, 55, female; Li Wan-tun, 39, nale; Yuen Nga nga, aged 5-years, girl: Chan Ping, 31, coolie; and Sung Ching, 20, male. Seven other persons were injured.

The eloquence and the convic-

– A CLEVER THIEF tion with which Mr. Leo D'Almada,

Appearing on remand before Mr.. jar, the appellant's counsel, pre- sented the appeal was such that Macfadyen at the Kowloon Magia- the conviction was squashed. Mr.tracy yesterday Leung Ng. alias Leung Chuen (29), was sentenced D'Almada was instructed by Mr. C.

to a total of 12 months' hard A. Sutherton Russ, while Mr. E. H.

labour on eight charges of theft Williams, Assistant Attorney Gen- eral was for the Crown.

from various houses in the Colony. Inspector Chester-Woods said that there were nine other com- plants of house breaking, but the police were not able to arrest defendant.

The objections of the appellant at the previous hearing were, (1) that the evidence was that of an

Divisionpactor A. H. Elston accomplice and was entirely un-

and

Inspector R. Shannon were present for the Police. Mr. D L. Strellett watched the proceedings on behalf of the owner of the building, Long Tar-yuen

After two witness who were actual victims of the collapse had given evid ence, Mr. Best took the witness box.

He began by saying that the block of houses in Woo Sung Street was certified in 1901. Witness went on to describe in detail the nature of con- atruction and he was satisfied that the quality of the bricks and stone was

excellent.

THE CASE Intimating that he would not .give the facts of the case, but com-

mence proceedings

going by straight into the witness box, R. O. Grimmitt said that at about 11 p.m., on March 4 he raided No. 92 Wing Lok Street, first floor, ac- companied by Chinese R.O. 98 and a party of other Revenue Officers.

There were certain parts of the time Admittance into the flat was gain-ber work which had rotted and bad ed after a short interval, and the bean badly affected by white ants and first person he saw on entering dry rot. -was the first accused. Who was standing between the door of the rear subicle and the kitchen door.

"The floor I might mention, la one of two cubicles and a sitting room," said witness.

"In the,sitting room in the front part of the floor I found the see- ond and the third accused, both sitting on chairs. The fourth de- fendant was asleep on a blackwood The house was in darkness except for a light from an oil lamp which was situated in a cubicle," continued witness.

settee.

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Prior to the collapse, no reports were made to the FWD. regarding the dangerous condition of the houses, Witness attributed the collapse mainly to the rottenness of the joints at the ends nearest the walls. These rotten enda could not been seen as they were covered in..

A

Another reason was the effect of exposure to the weather of the tim- bers, and the debris resting on them bad probably absorbed great quantity of water thereby increasing their weight. Further it might have been due to carelessness of the part of the contractor or workmen. By this witness meant that they night have dropped a heavy stone on the timber An inspection of the rear cubi-which would have caused the whole related witness, revealed a building to vibrate, and taking into European style bed situated in it, consideration the weakness of the covered by boards and without a joints would have caused the whole

building to collapse. mattress. "r found a quantity of tins containing oplum, and quite a number of small cloth bags (ex- hibited in court) newly opened, and a quantity of opium was still in some of these bags,"

clc.

The liearing was adjourned.

tain whether the man referred to had gone to the first floor or the second floor,

"All the oplum I saw was con-

TWO DISCHARGED tained in Red Lion brand one tael Th Magistrate accordingly dis- tins. The first defendant said that charged both the accused, " she was the principle tenant. She Following cross-examination of told me that she paid the rent. Mr. Grimmits who denied that the The second defendant when ques- woman had told him that her hus- toned said "I have come" to see band was in Singapore, though the Chan Mul" (first accused). The woman had made reference to "a third defendant said he game man" in Singapore, Mr. Bilva elect- from Sam Chun that night to buy ed to put his client in the witness soap and other things, and had box. She said that she resided at arrived to visit the first defendant the flat for two months before her just a few minutes before the arrest. When she moved into the revenue officers,

fat her husband was in the Co- lony, but was at present in Binga- pore. "We opened the premises 10 deal with non-Government opium In the wholesale manner, and my

When she left the floor on the day of the arrest, related witness the second and fourth defendants were on the premises. The keys of the house were uzually in her possssion.

A THOROUGH SEARCH "We woke up the fourth defen- dant, who was still asleep and he was questioned also. "He said, that he had come down from the coun-husband went to Singapore for try to visit his daughter. as I this purpose. I knew second de- understood him to say. Apparent fendant for about a month." ly he meant his niece. I then had them kept in the front room while I made a thorough search of the rest of the house. In the rear cubicle I found on the bed which had evidence to show that it was being occupied, a quantity of counterpanes pinned over with Swatow drawn work table cloths. Between two of about one dozen of the counterpanes so madę, was a plece of cotton padding with the centre eut away."

Under the bed was a lot more cotton wool pads, cut and un-cut, I took the first defendant into the rear cubicle and tasked her if it was her room. She replied in the affirmative and I pointed, ont the articles on the bed which she readily agreed belonged to her.

Mr. Gilva: How did they get into second defendant's possession?

Before I left the house I hand- ed them to the second defendant as he had to pay for the rent and other incidentals. On my return I forgot to ask for them back.", ...ONE CONVICTION

In reply to the Bench, she said that the opium came in baskets. "from a man who I do not know,” She was prepared to pay $1.25 a tael for it, but had not banded any money aver, as she' in turn had not sold it!

The second accused according to

R. O. Grimmitt' said that the the witness, was found to be in price mentioned was ridiculous, ag possesion of a bunch of keys, one the cost of production was greater. the Mr. Bilva submitted that of which subsequently proved to belong to a safe found on the pre-charge of possession could not be mises. The safe was opened but levied against the second, accused. nothing incriminating was dis- The witness had given a perfectly covered.

satisfactory reason as to why he had been in possession of the keys of the safe. If a charge of posses- lon were to be held against the second accused, it would have to be considered jointly with the first accused, or not at all

The Magistrate remarked that according to the evidence offered there appeared to be a case only against the first and second ac- cused. R. O. Grimmitt said with reference to the fourth accused, he was perfectly satisfied that the Tatter was innocent.

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"After deliberation the Magistrate discharged, the second accused and As regards the fourth accused. (a fine of $5,000 with the alterna- his informant had told him (Mr. tive "of one month's hard labour Grimmitt) that a man had gone was imposed on the first defen- up to the dat just before the ardant. An order for the confisca rival of the revenue officers. Whe- tion of all the paraphernalia found. ther he was the third accused he on the premises was also made by could not say, and it was not car the Magistr

corroborated; (2) that the Magis- trate must have misdirected him- self in the matter of corroboration in that he could not have warned himself in the circumstances as to the danger of conviction, and (3) that the prosecution had failed to prove the offence with which the appellant was charged.

Yesterday, His Lordship, stated that he wanted further evidence in connection, with the transaction for which the complainant pro-

vided money. It was assumed that were to be duplicated the notes and the evidence might be made to assume that the complainant put up money for the making of forged notes.

Altogether 18 pawn tickets were found on his person when arrest- ed, they will be handed back to the complainants.

HEROIN PILLS CASE

A further remand until March 23, at 11.30 am, was made at the Central Magistracy yesterday in the case in which four Chinese, were charged with possession of various amounts of heroin pills discovered at No, 8 Mercer Street,

when the Revenue Department in- stigated two raids on the occu- pants of the fat. on February 18 and 20 respectively.

The case was first heard on

March 18. It is expected that Mr. W. Schofield, the Magistrate will give judgment on March 23.

FALSE PRETENCES

to

The

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MOTOR CYCLE OFFENCES Appearing on three summonses of driving motor cycle No. 226 without a warning device, driving without a Beance and driving the same motor cycle, which was not licenced. Vladimir A. Itenson, was fined $15 on all three summons by Mr. Macfadyen at the Kowloon Magistracy yesterday.

Traffic Sgt. Paton stated that de- fendant was seen riding along the Castle Peak Road and when stop- ped it was found that he did not possess a driving licence.

Defendant stated that he was trying out his motor cycle.

NOT PROVED Two Chinese fishing junk fokis named Lo Tal Wah aged 57 and Cheung Ming (66), appeared before Mr. Macfadyen at the Kowloon Magistracy yesterday on a charge of possession of dynamite.

Defendants 'said that they were junk fokis and had a master. The dynamite did not belong to them and they were unable to say whe ther their master had a licence to keep same or not.

His Worship, discharged, both defendants.

RAW OPTUM Li Lin (36) appeared before Mr. Macfadyen at the Kowloon Magis- tracy yesterday and was fined $350 or three months' hard labour for being in possession of raw oplum. Defendant pleaded guilty to the charge.

Defendant was a passenger - on the Express from Canton and had the opium concealed at the bottom- of a jar, and covered over with hodey.

Mr. D'Almada raised an imme- diate objection to the course that His Lordship proposed to take. In the majority of cases, he said, in Ko Lam, aged 17 years, unem which fresh evidence was allowed, ployed, appeared before Mr. W. i they were cases in which the ap- Schofield, at the Central Magis- plications were made on behalf of tracy yesterday, charged with the larceny by false pretences of a gold the appellant, Only in one case had Counsel been able to find that finger ring, valued at $10, from the application had been made by Heung Luk-mui, widow, aged 70 the Crown and only in one where years, 10 Aberdeen Harbour. the Court had called for further Inspector Dredge said defendant evidence. It was significant that borrowed the ring from the com- when fresh evidence had been plainant, saying he wanted called, it had only been called by compare it with one he had, and the appellan: under peculiar eirhen disappeared with it. !cumstances, and these circums ring had been sold to a jeweller's tances were; (1) when the evi- dence was proved not to have been

to adduce whether on the evidence not. It was the right of the Crown available at the trial, (2) if fresh facts had emerged which should of the trial, the conviction was as well as that of the appellant. be brought to the attention of the | justified, and not whether the ap- CONVICTION SQUASHED Court in the interests of justice, | pellant is guilty or not.

His Lordship held that the Court and (3) if the prisoner had been Had this further evidence been here must be directed by the rules - undefended and did not know the produced in the Police Court then and provisions as those guiding the appellant might have gone the Criminal Appeal Court of Eng- requisitions of the Court, then he' would have been allowed to call into the witness box, it also might land. He was for granting an ad- fresh evidence, which if he had have altered the whole of the de- Jourment but Mr. D'Almada im- known the Court procedure he fence proceedings.

mediately rose sind stated that Mr. D'Almada then quoted more though it did seem wrong to in- might have called,

сабев after which he contended-tercede at this point yet it was. that to call 'further evidence would in the interests of his client that be establishing a very dangerous he must do so. The prisoner, he precedent. If witnesses were re- said, was in gaol and it was in called at a Court of Appeal, the his interests that if the conviction appellant could not call witnesses was to be squashed it should be to rebut this evidence as the wit-squashed then;

NO FRESH EVIDENCE ALLOWED The complainanta were adequate

in Court and it ly represented cannot be suggested that the trial was hurried, or that the prosecu tion was in the hands of a minor Police Ofcia).

Mr. D'Almada then quoted cases to show the circumstances under which fresh evidence had been

His Lord allowed to be called. ship, Counsel contended, was there

nesses available at the Magistracy. though avaliable then might not be available now.

الله

His Lordship then wald that he did think that there was substance In the objection taken by the ay- Mr. Williams contended that it pellant and on the evidence be- was within the discretion of the fore him he found that the con- Judge whether to call evidence or iction should be nullified.

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