1936-07-21 — Page 6

What do women with the loveliest figures drink?

很

Tal stendr women.. confident, casual, correct.

Most of them are drinking GIM EIS..

", Firstly,

Thirdly, because

because they like it.. Secondly, beca-se GIMLETS icon't affect their figure .

GIMLETS to-day mean no headache to-mor ow."

:1

Then ask for Rose's Lime Juicer, 17. made from fresh limes straight from the West Indies.

""ROSE'S LIME JUICE"

Solr Apents:

CALDBECK, MACGREGOR, & CO., LTD. Telephone 20075.

TILL

2

A.M.

$1

ROOF

GARDEN

HONGKONG HOTEL

WITH

YOLA

% PAUL

SATURDAY, 25th JULY DINNER DANCE

COVER CHARGE $1.00

RESERVATIONS PHONE 30281

THE HONGKONG & SHANGHAI HOTELS, LTD.

PROGRESS

Better Times are Ahead Are you ready to reap the benefit?

南華

報

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SOUTH CHINA DAILY NEWS

(NAM WAH YAT PO)

Whose daily circulation of 18,000 reaches modern and progressive Chinese in both Hong Kong ad Booth Chin

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HONG KONG DAILY PRESS, TUESDAY, JULY 21, 1936,

JUDGMENT IN HEROIN

CASE

Suspicion As To Guilt

SEQUEL TO LARGE SEIZURE

Remanded from Friday last, Kwan Pak, 29, unemployed ap- peared before Mr. Macfayden at the Kowloon Magistency yester day when judgment in his case was delivered. Kwan, with three men and three women, was charged with the possession of 285,- 000 diacetyl morphine plils at No. 3, United Terrace, Ho Mun Tin Street, top floor, on July 3. At the previous hearing, the first defendant, Wong Kim, 48, pleaded guilty through his solici- tor, Mr. G. S. Hugh-Jones and was fined $2,500 or six months' "and one year's hard labour. "All the other defendants with the

exception of Kwan Pak were discharged.

Mr. W. M. Thomson, Assistant i Superintendent of Imports and Ex- ports, prosecuted while Mr. Hugh Jones was for the defence Mr. Hugh-Jones was unable to attend yesterday and was represented by Mr G. S. Ford.

THE JUDGMENT The full text of the Magistrate's judgment was as follows-

With regard to the second de- fendant I have come to the con- clusion that there is a reasonable doubt as to his guilt, and that he should therefore be discharged, But in view of the enorinous pus- ber of pills found-285,000—and the consequence importance to the Revenue Department of my deci- sion, I propose to set down in 'some detall my reasons for that de- cision.

it

A person is said to have criminal possession of a thing when he has in his personal custody knowingly has it in the actual custody or passession of some per- son and knowingly and wilfully has it in any place, open or en- closed. and whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit or for that. of any other person." Fur- ther, possession may be constit:- tive, joint. or several.

With regard to the first of these, actual manual possession or touch of things is not always necessary, so long as they are in the actual passession of a person over whow a defendant has control. It fol- lows that the mere physical pos- session of something unlawful may sometimes be innocent, the thing being constructively in the posses- sion of some other person. With re- gard to joint possession there, may be cases where two persons may be acting in guilty concert and where both are aware of the pos session by one of them of some thing awful. In these cases both cap equally be held guilty of possession. Bearing these defini- tions in mind, what was the evi- dence against the second defen- dant?

FACTORY UNEARTHED

He was found at about 3.50 p.m. with first defendant in a room, the door of which appeared to be lock- ed when R. O. O'Neill first tried It. Both defendants were found standing near two beds, on one of which were some pill making ma- chines, and, beneath the bed, tray containing moist pilla. The tray fitted into a crying cupboard In another

room the heater of which was connected with; the room in which the two defendanta were round, scattered in other parts of the room were a number of pill making implemens, all more or less stuined with the distinctive pink dye which is used for peroin

pills. Both Grst and second de fendants hands were aimilarly "stained, and the stains in each case were on the inside of the index Anger. This would seem to 10 dicate that the stain was acquired In a similar way, probably in ac- tually rolling some of the pills.

Second defendant has stated that

DOUBT OF GUILT There were given in evidence, several points which together ruse a doubt in my mind as to second defendant's guilt. He stated in evidence that he had merely pick- ed up some of the pills out of curiosity. As R. O. O'Neill did not notice whether the stain was equal on his (second defendant's) hands or whether his or first defendant's bands were equally stained, this must be accepted as at least s reasonable explanation of how his hand came to be stained," parti- cularly when it is borne in mind that moist pills stain very easily. If his explanation is true it means that he was for a time in physical possession of these pilis which he picked up. But, for the reason which I aball deal with in a mo- ment, this possession may have. been innocent.

If he rolled the pills about in his fingers the position would be the same. That is, if his possession was innocent, the first defendant remained in constructive posses- slon may have been innocent? In my opinion, there are both positive and negative. On the positive side we have defendant's own evidence. He asserted that he had never been previously to Hong Kong and had in fact only arrived from the country the night before the raid. first visiting the address where he was arrested the morning of the raid itself. He was not crOSS- examined so that his evidence on this point must be given its due weight. Ha counsel was prepared to bring further evidence on this point, but very naturally evidently considered it was unnecessary ta do so since it was not contradicted. This is a very strong point in de- fendant's favour, since the pro- secution's evidence strongly . Aug- gests that the factory had been working for some considerable time Previous to the date of the raid.

NO CROSS-KXAMINATION On the negative side apart from the failure to cross-examine the defendant there was no evidence ziven by the prosecution to es tablish whether or not the defen- dant lived on the premises or visited them previously. R. O. O'Neill admitted that he made no

enquiries as to who was the prin- cipal tenant, in fact, no evidence was given regarding the tenancy of any part of the floor. "There was not even any evidence as to whether any of the defendant's belongings were found there..

Flually, though evidence on this point could obviously not always be obtained, there was no evidence t connect defendant with any of the pill making materials or ac- cessories. Apart from the fact that he was found in the same room with them. In sum there- fore the case against the second defendant is one of the gravest suspicion, but I do not consider that it i conclusively proved against him. Becond defendant is therefore discharged. All the implements and material found will be confiscated,

he in fact only picked up some of SHANGHAI MEN

the pills to examine. In this case' one would naturally expect that the stain would be more in the centre of the palm or on the tips of the thumb, middle and fourth Mogers. it might also be argued that there is no real necessity for 1 him to pick up the pills at all if

IN COURT

TEN TO ONE IN AN ASSAULT

the police on Saturday night in connection with a fracas that oe- curred in Canton Road, made their appearance before Mr. E. Hims worth at the Kowloon Magistracy yesterday charged with assaulting Kat Cheong Woo, 34, carpenter of a woodyard in Canton Road near Austin Rosa.

he was not making or packing Ten Shanghai men detained by them. Further, If his object was only to deliver a message to Erit defendant, the necessity for ataying in the house from 10 am. to 3.50 p.m. with a short interval at mid-day might be queried. Fin ally, he told an obvious untruth when he states that he saw no body in the house the whole day except first defendant and the woman who opened the door for him in the morning, there is ample ev'dence that at least four other persons had been in the house.. This was the sum of the evidence against the second, defendant and in my opinion it forms a very strung prima facie case aim of font possesdon with das defendant of the pill

Inspector Andrews of the Wa- ter Police appeared for the pro secution, while Mr. C. Y. Kwan was for the defence,

The case was remanded till 11.30 am today.

police report of the rence on Sunday stated that was roughly handles and had to receives medical attention to his face and handa.

WOMAN CHARGED

WITH ASSAULT Around the Courts

SCRATCHED

CONSTABLE.

·

FIGHTERS BOUND OVER Tea Chinese were' charged be- fore Mr. Burgess at the Central **Lel Kau, 25, a prostitute' was Court yesterday with disorderly charged before Mr. Burgess at the conduct by fighting in the street. Central Court yesterday with (a)

Det.-Sergt. Mann, said that the soliciting for an immoral purpose fight was caused over the pur- in Des Voeux Road at the junction chase of some bean curd. Clans of Pedder Street and (b) assault-men gathered and soon they were al involved. The ninth defen- {"ing and resisting an.ofcer in the

dant received B cut in the execution of his duty.

pair of scissora Sub-Inspector

Whelan stated stomach with that the defendant was seen by the head when he fell over.

the tenth defendant was cut on

constable to accost an European on Saturday at 12,05 am. The con- stable was not sure that it was for prostitution

10.

not. Defendant

had been previously warned by Inspector Whelan,

The defendant lay down on the ground and subsequently scratched the constable on the neck,

Mr. Burgess remarked that these women were becoming rather fond of that sort of thing. Bub-Inspr. Whelan agreed and recollected that only last week there was a letter in the newspaper in connection with Pedder Street.

Defendant was fined $50 or six weeks on the first charge, and $20 or two weeks on the second.

HEARING FIXED

For Illicit Still Case

.

All defendants were bonnd over in bonds of $35 each.

ANOTHER EXTRADITION Chau Fut, 40. unemployed" was charged before Mr. W. Schofield at the Central Court yesterday with committing a robbery in Sie Min

City. Street... Sin Kwang Kwangtung, on July 6

Det.-Sergt. Quild applied for 48 boura remand as the case is one for extradition.

FALSE FREAK

•

.

BRASS HINGES STOLEN

Lam Foon. 17, unemployed, was aned $10 or fourteen days' hard labour by Mr. Macfadyen at the Kowloon Police Court yesterday for stealing eight brass hinges. tiam a metal window frame shop at 14, Fux Wing Street, Sham- J. M. hulpa. Detective Sergt. Forrest stated the defendant was arrested by detective in Boun- dary Street carrying ... a

parcel which contained the hinges. va- lued at $4.80. When questioned the defendant admitted theft.

SNATCHER BEFORE SESSIONS

Tso Chul, pleaded guilty to a charge of bag-snatching - at the Supreme Court yesterday.

Because of five previous convic- tions against him, and the serious- ness of the offence which was a caddish assault on a woman-an offence which could never be look- ed on with favour-he was sen tenced to two years with hard labour.

BARBER WITH DUD COINS

CASE FOR THE SESSIONS

A piece of rubber, used by beggar In begging, was shown in the Central Court yesterday. wherewith the defendant bound his hand to appear badly disfgur- ed. The defendant, L Tak-chol. 24, unemployed was charged with begging for alms in Caine Road near Shelley Street. •

Sub-Inspector Mist sald, that

Lai Hing Chol, 32, a barber, was The case in which Leung Yee, with the aid of the rubber the unemployed, faced four charges in defendant so disfigured his hand committed to stand trial at the connection with an leit still at and showed it to passersby to in- Criminal Sessions by Mr. J. H B. Lee at the Central Court yesterday No. 30 Fuk Wah Street, Shamshui-cite pity.

Defendant was fined $25.

when he appeared charged with po, again came up before Mr. Mac-

the possession or 199 counterfelt fadyen at the Kowloon Police

ten-cent pieces, knowing the same Court yesterday when the hearing

SNATCHING AGAIN

intent to to be false and with was fixed for Friday at 3.30 p.m.

Chuen Cha, 27, unemployed, ap- ¦ utter. R. O. Grimmitt explained that the peared before Mr. W. Schofield at Mr. Murphy C.D.L, for the pro- Import and Export- Department the Central Court yesterday secution, said that on the evening were thinking of adding an amend charged with the larceny of of July 11, District Watchman 74, ed charge of aiding and abetting from Lai Chat, a married woman, acting on information, stopped the against the defendant but after in Hennessy Road on July 13, defendant in Morrison Road and going into the facts of the case.

him. A brown paper. Inspector Logan stated that the searched he submitted that the defendant defendant had apparently been parcel was found tucked inside his had a case to answer, as to his following behind the complainant girdie. The D. W. examined the presence on the floor the only exit for some time. As she was going parcel and found it to contain ten- of which was the back door which up the stairs with the money in cent pieces: On the way to the was bolted. The defendant was one hand and 8 basket in the station in, Mercer Street, the de- found with only a pair of shorts on other, the defendant came up fendant, broke away from his es- and presumably he had just finish- from behind and stole the money. cort and ran away. He stumbled ed work. R. O. Grimmitt added Complainant chased the defen- he thought the amended charge dant and he was arrested in Tin need not be put in. Defendant Lok Lane by two constables. was glowed $100 ball The case was first before the Magistrate on Saturday when a woman pleaded guilty to four charges and was

HEROIN PILLS aned $280 or, in default, three

Appearing on remand oo ang-a-half months' hard labour.

charge for possession of heroin The raid was conducted by R. pills, Li Lam, 30 unemployed of Major and 摄 party on Friday morning.

FISHERMAN FIRED AT

Suffering from gunshot wounds in the chest and groin, Choy Mun, 30, ayster-breeder, was admitted to the Kowloon Hospital on Satur- day.

It appears that Choy was fish- ing alone in a sampan about 10 pm. on July 15, of the foreshore at Sha Te in Chinese territory when he heard a shout, from the shore. He answered, and, imme diately after, a charge of buckshot was fired at him. He did not see who fred. The injured man was treated at, the Un Long Dispensary, and was later, admitted to the Kowloon Hospital Els condition is not, regarded as serious:

|

and slipped. He was re-arrested.

At the station the money was examined by Bergt. Shepherd and Defendant was remanded for 24 was found to be bad. On defen- hour.

•

No. 209 Fa Yuen Street, was fur- ther repanded till Friday at 2.30 p.m. by Mr. Z. Himsworth at the Kowloon Magistracy yesterday. Mr. McCullum appeared for the defence, while Revenue Omce: Grimmitt was for the prosecution A large quantity of heroin pills are stated to be involved.

GAMBLERS CAUGH

dant's person was found one good ten-cent plece.....

Defendant stated that the coins a travelling were given him by trader on "board the s.s. Tin Yas, them him to bring pho asked astore for him.

Acting Bergeant J. G. Whittcroft and stated that the rims of the Bave expert evidence of the coins

cains were uneven: On all the coins the printing and charactera

did not stand out very prominent-

The King's head was not so prominent and the colour was alightly tarnished. They were ra- ther difficult to detect

Evidence of the District Watch- Thirteen men appeared at the nian, Det-Sergt. Shepherd and the Kowloon Magistracy before Mr. E

interpreter "was then taken after Bimsworth yesterday charged with which the defendant stated that gambling. Làm Kwan. 24, street he was a barber, plying his trade coolie was additionally charged on ships as they enter the harbour.. with keeping a common gaming He had met this man, Ah Chuen, house at No. 52 Haiphong Road,

on board the Tin Yat for the first ground floor. All the defendants time and he had asked him to take pleaded guilty. Kwan" was fined the coins ashore for a small pay- $50, while the others were fined

ment. Ah Chuen, said that it was $1 each. Four "dollars found in against the law for him to take the school was ordered to be the coins himself. placed in the Poor Box. Detective Defendant was committed to

% Sergeant Davies, of the Water Po-stand trial at the next Criminal lice prosecuted.

Bessions.

CHINA EMPORIUM'S

NUMMER

DALE

Atten this

BIG Sale

bargains which must be cle

dless

the ma amazing

Cost

"