1936-03-25 — Page 6

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HONG KONG DAILY PRESS, WEDNESDAY, MARCH 25, 1936.

THE CABARET

CASE

Judgments Delivered

Around the Courts

དྷཱ།

BARRACK'S ESCAPADE

An Indian cook named Sirdara Singh of the. Hong Kong and "The Cabaret Case"! in which two Singapore Brigade, Royal Artillery, dancing instructresses formerly of appeared before Mr. Q. A. A. Mac the Lido Dancing Academy were fadyen at the Kowloon Magistracy sued by their former manager, yesterday as the complainant in a came to an end yesterday when case against an unemployed Chin- Judgments were delivered by the ese who was charged with Acting Pulsne Judge, Mr. Justice | theft of a wrist watch from Whit- J. J. Hayden.

feld Barracks on March 23.

The plaintiff was Derinis Victor proprietor of the Lido Dancing Academy and the defendants were two former employees, Dora To and Ilu Phui-yuk.

The first defendant, Dora To, was sued for $47.62," of which sum $10 was for money lent and the remainder was for 301 dancing tickets, valued at 25 cents each, less 50 per cent, commission. The claim against the second defendant was for 533.12, in respect of which $10 was for maney lent and the reat for 185 tickets, less 50 per cent,

commisalon.

the

Detective Sub-Inspector L.. Whant said that the accused Ho Sum (29) was seen by the complainant com- ing out of the latter's room, with the wrist watch in his hand. A struggle ensued, and defendant managed to break away, but was re-arrested

Indian by another cook. The wrist watch was valued at $8.00. Six weeks hard labour was imposed.

•

The

THEFT OF IRON FENCE To Shing (24), unemployed, waN yesterday charged before Mr. QA A. Macfadyen at the Kowloon Ma- While each admitted having bor-gistracy with the theft of an tron rowed $10, both defendants denied fence form the Ling Tung College, that the dancing tickets were the King's Park on March 23. property of the plaintiff, and put prosecution stated that a constable in counterclaims for $13.75 and

received information of the theft $14.82 respectively, being 50 per and arrested the accused in Re- cent. commission on the tickets clamation which they alleged they had ob- sained while working in the Academy.

Mr. M .A. da Silva appeared 'tor the plaintiff. and Mr. G. 8. Ford of Messrs. Wilkinson and Grist. was for the defendants.

The

system of the Dancing Academics was that the girls there

worked on a commission basis, re- ceiving half of the value of the tickets which they were able to procure as the result of their 'dancing, with the patrons. The alleged practice of some of the girls to keep the tickets and sel; them again to the patrons direct led to the management Inaugura- ting the system of having a clerk check the number of dances which the girls had during the evenings This number was checked at the end of the evening and the girls were expected to give back to the management the number so mark- ed against their names.

Street. Although the value of the stolen goods was only 50 cents, considerable damage had been done to the fence. A fine of $15 or in default, three weeks' hara labour was imposed.

" DOGS WITHOUT LICENCES

ankow Road, appeared before Mr. Mrs. M. Morteustern of No. 43.

Q. A. A. Macfadyen at the Kow- loon Magistracy yesterday in an-

ex-

wwer to two summons relating to keeping a dog and a bitch without licences on March 5, and was fined $5 on both summons. She plained to the Magistrate that she did not renew the licences as her husband went to Shunghat in De- cember, and he was expected to follow shortly afterwards.

However as things turned out. she had since obtained two 11- cences, and was now expecting to join her husband in the Northern Port sometime next month.

*

•

BOAT AND A FRIEND

The theft of a sampan moored, at the back of a junk in the Yau-

att Shelter at 2.20 a.m. yester day which might have passed un- noticed but for the vigilance of a trend of the complainant, a boat maker, led to the appearance be- fore Mr. Q. A. A. Macfadyen at the Kowloon Magistracy yesterday or an unemployed man. Suen Met,

PLAINTIFF'S STATEMENT Dennis Victor in the box stated that if the tickets were lost or destroyed he would receive the full value for them as he had sold them to the patrons. On the face of it, i would appear that he was claim- ing a further twelve and a half cents, as he had already received the full value for the tickets. The first defendant had returned 80 #ckets to him in return for the $10 which he had lent to her,, Wit-31 years of age. The value of the ness further stated that the sum of tickets sold in one night amounted to something between 300 and 2,-

008.

Mr. Ford said that the check system was a faulty one, as the de- fendant on one occasion had to- taled 11 dances while that of the official checker was 21.

Mr. Ford submitted that he had he case to answer, in that the girls had left the Lido on the 3nt and 6th of October and .herefore could not possibly have been dancing on the days in question,

Mr. Silva then said that the evi- dence was, that on a certain date In October, the defendants had been dancing in the Academy of the plaintiff, and they had not re turned any tickets for that period. The Court should infer that the tickets had been converted for their own use. If the tickets were lost or destroyed then it was up to the defence to prove this to His Lordship's satisfaction. To ask others to come forward and con- fess their share in the transaction, was to ask them to admit to some thing which was not quite above board. The only evidence was cir- cumstantial and on this the Court should infer that the tickets had been utilised for their own pur- poses and that the defence, there- fore, had a case to answer.

stolen boat it was explained by Det Sergeant Riddell was $13. The ac- cused was seen rowing the boat away by a hawker, who raised a nue an cry.

Police records show that the ap- cused had a previous conviction for One month's attempted larceny. hard labour was imposed;

STOLEN AXE

For the theft of an axe valued a: $1.0, an unemployed Chinese Wong Ying (35) was sentenced to taree weeks hard labour by Mr. QA. A. Macfadyen at the Kowloon Magistracy yesterday,

the occurred on March 23 when the accused entered a matshed in

Hillwood Road, where some houses were being constructed, and stole the are from & toolbox.

The complainant, Ya Kul a' car- penter went to the inartne stall dealers in Yaumati to look for the axe, and while at a stall saw the defendant bargaining with a deal- er. The carpenter recognised the axe as his property because of two notches on the handle.

BANISHEE

Brought before Mr. Balfour at the Central Police Court · yester- day charged with returning from banishment before his term had

been completed, Chan Chu-sum 28, was remanded unil to-morrow in gaol for medical examination. Sergt. Williamson prosecuted.

•

EMPLOYEE'S LAPSE

Tam Sing-kl. 26. shop foki, pleaded guilty before Mr. Balfour

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at the Central Police Court yester-BOOK EARLY day to the theft of three wooden attache erpes, seven pencils, one bundle of paper lighters and wo pen holders from 33. Bonhain Strand West, and was fined 860 .cr... in defaut, one month's hard labour. Detective Sergeant P, O. Guild stated that defendant had

been exiployed at the shop for the past eight months and received $40 os salary. He was arrested on Sunday leaving the shop with a bundle of paper lighters.

•

·

PRIVATE RICKSHA" FOR HIRE

When Chan Chim, 36, ricksha driver, appeared before Mr. Bal- four at the Central Police Court yesterday to answer a charge of for public hire in Des Voeux Road driving private ricksha No. 242

Central," Acting Sub inspector Brittain, of the Traffic Depart- ment, stated he had been instruct- ed to apply for a heavy sentence on, and it was hard to stop. At as there was a lot of this going

the me of the arrest, the defen. dant had a European. lady passen- ger from whom he received ten cents The Magistrate, imposed a Ane of $3. or three days impri- sonment, and ordered the tea cents to be placed in the Poor Box.

A TECHNICAL OFFENCE J. A. Victor, owner of private car No. 4238, was fined 92 by Mr. W. Schofield, at the Central Magistracy yesterday on a sum- mons for falling to have the llcence disc in its proper position in the lower left hand comer of the wind screen. on March 5. A representative pleaded guilty to the charge.

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Shanghai Chinese In Court

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AFTER DINNER COVER $3

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GLADYS and KUSSEROW

· First

FIGHT OVER CHICKENS

Chinese porcelain plow" had. been used by one of the aisal ants to infilet the wound.

The defendant, Li Ngau (28) of No. 72 Yu Chau Street, did fol deny nghting, but in a statement..

plainant. Police whistle was blown by the proprietor of the shop, and first defendant and the three men

An argument over the alleged ran away. After a while a con- stable arrived on the scene, and

theft of chickens, led to the ap- at the eventually accompanied complain-pearance of two Chinese

25 the ant to the No. 2 Police Station Kowloon Magiiracy, one

complainant and one as the de- where the latter made a report.

Nothing unusual happened until fendant. The former had an ugly the night of the following day, scar across his forehead, and it Complainant was then playing was explained by the police that "mah Jongg" in a garage at Hen- nessy. Road when the same "party A refusal to a. demand by a of men, comprising the two de- Shanghai Chinese painter of $20 fendants and the two men rame to led him into being assaulted with the premises.

defendant an axe, was the allegation made again demanded $20 and was once Detective Sergeans Riddel explained that the Wan o beiere Mr. again refused by complainant. He to the police said that to Chung, Schofield at the Central Magis- left two of the other three men the complainant had struck him tracy yesterday, who brought two at the door to guard the house, first with the pillow, and thin be charges against the man who was while he assaulted complainant had retaliated. said to have committed the assault with an axe. While he was strik- Detectiva Sergeant Forrest. said. and the other who gave him ing, secand defendant held com- that the complainant came

into Addressing His Lordship, Mr. assistance.

plainant's arms. All the four men the Police Station on March · 17, Silva said that from the evidence

The charges were (a) defendants, run away.

bleeding profusely f.om the face it could be inferred that the de- did on March and 4 last with

and was at once sent to hospital fendants brought 'the tickets at menaces and by force unlawfully

where he was detained until the a later date than that when they demand $20 from complainant the head which caused profuse day before yesterday. The assault alleged they received them for with intent to steal and (b) on the bleeding. Later a report was ninde had taken place at defendant's dancing.

same date defendants did unlaw- to the Police. He was sent to the house, but the Police eventually fully assault complainant, occa- Government Civil Hospital where located him in an sioning bodily harm Bots - he received treatment but was not some time later. clients took place at Wanchal Dis- trict. The defendants were Wang Kat Hing and Chan Kwal-kwal. ·

Mr. Hin-shing Lo instructed by Mr. J. M. Hall appeared for the prosecution, while Mr M. W Lo represented both the defendants.

Det.-Sergt. Pitches was in Court on behalf of the Police.

His Lordship remarked that he could not understand why they should go to the extent of buying 25 cent tickets in order to claim a return of 124, cents.

Mr. ́Sliva said that it was not

"

}

TREATED AT HOSPITAL- Complainant received a blow on

oplum divan

detained. A certificate was given

'Mr. Q. A, A, Macfadyen address- by the doctor to complainant

ing the defendant, said that he The Folige could not locate de- would have to impose a fine; 28 fendants until Saturday, March 7 there was no independant evid- They were then charged and laterence to corroborate his statement cleased on ball. Early on. Bunday to the police. Reca ling that only morning, it was alleged frat de- fendant, with an axe, went to Yee been killed by some such object 0 year to two ago a man had

Sang Tai Shop at Hennessy Road, as the accused, had used in the assault, the Magistrate warned

MONEY ASKED

where complainant was a painter,. The facts of the case for the and looked for him. He asked the

workers of the shop where com-the defendant against a repeti-

tion of the offence.

A fine of $30 was imposed, and the accused was ordered to pay $10 compensation to the injured:

tuan.

that they wanted to claim 124 His Lordship then said that in cents, but that they must have View of the evidence the plaintif these tickets in their possession was only entitled to 12 cents and to show that they had not sold If he should be grantent his claim them, as was claimed by the plain then he would be getting 375 cents. tif. These tickets, he submitted, He therefore gave judgement in were bought after the receipt of a favour of the defendants with letter from Russ and Co, for the prosecution, as outlined by Mr. Hin costs on the claim of the plain-misappropriating of certain tickets shing Lo were that on the night plainant was and told of the rea- tif.

for which they had to account, The of March 3 at about 8.30 p.ær, coin- sons why he would like to see him. COUNTER-CLAIM

difference in the numbers was plainant and two friends, were i Going further, Mr. Lo said as The counter-calm WAS then great, a few of the tickets being having tea at the Sang Kee tea-regards, second defendant there heard and Dora To went into the of a low figure, around 400, while shop at Hennessy Road when the was no evidence of demanding box and stated that she was work the majority were around 11,000. defendants and two other, men money, but he was present when

In addition both parties were. ing on a commission basis, that is, He submitted that the lower num-came, to complainant's table. The this took place on the first and

bound over in the sum of $50 to 12 124 cents for every ticket that she hers were the remnants of the ori-Arst defendant called complainant second nights. On the second be of good behaviour for received from dancing.

ginal ones and that the higher by his name and remarked, that he night he gave actual assistance to months. Mr. Bliva then objected her to ones were bought later to it was out of work and so was very first defendant. who struck coin- A very searching cross-examinationstantiate their statements.

hard-pressed for money. He fur-plainent. As to demanding money, regarding the dates of her leaving Elia Lordship then gave judg-ther sald that he wanted $30, and 3 was, defendant's gesture and of demanding money with menaces. the Lido Dancing Academy and ment for the first defendant with complainant did not give that words at his being present justified There was a fight, which was oc- her subsequent Joining of the costs, and in the case of the sex-money to him, he would beat him in his being charged. Mr. Lo said casioned by complainant, Dreamland Academy,"

and defendant, said that she must ap. Complainant replied that he that evidence of express demand After evidence for the prosecu- forfelt any claim and that there could not-spare the money, upon were not-necessary, 4-

|tion was, beard, the hearing was which Erst defendant caught hold The defence, as intimated by Mr. adjourned to 2.30 pm on March of something and assaulted com- M. W. Lo was a complete" denial | 28.

-Lui Phui-yuk - entered the box after this and she also underwent severe cross-examination.

fore igment was given to the pisintic with costs,