1936-08-08 — Page 6

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HONG KONG DAILY PRESS, SATURDAY, AUGUST 8, 1938.

TRADE MARK CASE

JUDGMENT RESERVED

The proceedings against the Paul Battery Co., and the Sunlight Co., concluded before Mr. W. Schofield at the Central Court yesterday. Mr. Schofield'stated that he would deliver judgment on Monday at 2.30 p... These two companies were summoned for the possession of batteries and labels to which Trade Marks, so nearly resembling those of "Ever-ready batteries" had CABARET been applied so as to be calculated

ON

to deceive.

The summensea originally re- ferred to two Marks, namely Trade SATURDAY Mark No. 7 of 1930 and No. 311 of 1928. At one of the previous hear- AUGUSTs Mr. Schofield discharged the

8th

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defendants on the second charge.

Mr. H. G. Sheldon, K.C., instruct. ed by Mr. D. L. Strellett, appeared for the defendant firms, while Mr. O. S. Hugh-Jones represented, the complainant Arm.

HUNGHOM

MURDER CASE Around the Courts

CONCLUDES

Evidence Of Cause Of Death

CLOTHES STOLEN

BANISHEES GAOLED

Chan Shing, 74, and Lam Kwai, who returned from banishment be- fore their respective terms of ten years each had expired, "wère sen- tenced to twelve months" - bard labour each by Mr. Macfadyen at the Kowloon Police Court, yester day. Inspector R. Shannon pra-

Lee Wah, 32. and Lee Yeung, 25 both unemployed, appeared before Mr. W. Schoneld at the Central Court yesterday charged with the larceny of a raincoat, a DEFENCE RESERVED woolen Jersey. 2 blanket, four Jackets, 2 pairs of trousers, the the St. John Ambulance Head- secuted. property of two messenger boys of vegetable quarters, Tal Hang.

Yung Shing, blacksmith, and his brother, Yung Ming.

hawker, were committed to the Acting-Sub Inspector Madge. Criminal Besions, by Mr., Him-wick, stated that the defendants sworth at the Kowloon Magistracy were seen by a amah stealing the yesterday on a charge of the mur-clothes at about 1.30a.m. der of a 49-year-old gardener. Ip were chased and arrested.

They

Kiu, in a hut on the hillside at First defendant was sentenced Hall, Put Loong, Hung Hom, on the to 2 months and the second to a night of July 18.

Mr. E.H. Williams, Assistant Ab- torney General, together with Det.- Insp. AF Elston, conducted the case for the Crown while the ac- cused were not legally represented.

week

ONLY A BRUISE

GARAGE THEFT

On, the application of Det-Sergt. J. Hunter, Mr. Macfadyen at the Kowloon Magistracy yesterday granted a remand of 72 hours in police custody when Leung Fux, 35,

unemployed, was charged with the theft from an unnumbered garage. Cox's Road, of three pieces of fur. par of leather gloves, a silk

Appearing on remand before scarf, a tweed scarf, a yellow pull- Mr. W. Schofeld at the Central over, a white singlet, blue At Thursday's hearing the a-Court yesterday on a charge ofacket, and opera glasses, the pro- assault, Wu Cheng, 30. a licensed perty of Wong Kung. 26, car clea- rickshaw driver, was bound over nér. in $25 for one year.

cused alleged that their eldest bra- ther. Yung Wing. 44, who was one of the witnesses for the Crown, had always been threatening to kill them (accused). This Yung Yesterday. Dr. GR. Henry, of cer-in-charge of the Kowloon Mortuary. deposed to the

post mortem examination on the body of Ip Klu and stated that the cause of death was a severed brachial ar-

Mr. Sheldon, at the opening of yesterday's proceedings. stated that he was not calling any fur- ther evidence. He submitted that there was no evidence upon which | Wing denied. to convict in view of the fact that. here was no evidence to show that the alleged infringement was cal- culated to deceive. It had been shown that the Trade Mark No, 211 had not been used in any part of the world for the part alxoztery of the right arm and bleed- seven years.

Mr. Sheldon quoted cases in support of bla case and further submitted that there was no e- semblance.

The whole purpose of the Mer- chants' Ordinance, went on Mr. Sheldon, was to protect the mer- chants. If it was the law that a man could register a Trade Mark, lle low for six or seven years, and then take out proceedings for in- fringements, then it would be bet ter if the laws were changed. That wis not the law, stated Mr. Sheldon, the law was to protect merchants.

ing.

Shown a slagtet bearing two cuts on it; the witness stated that the two wounds on the deceased's chest corresponded with the cuts on the singlet

ALMOST BLOODLESS Describing other injuries, Henry said that there was an ir regular shaped would on the front of the right elbow, 3 inches long and 23 inches deep: the underly- ing muscles exposed the brachial artery which was completely se vered in half above the bend of the elbow. The internal organs were almost bloodless.

AGAINST COMPETING

Dr. Henty stated that the knife This case, he intimated, had not exhibited Court could have in- been brought forward with the flicted the wounds described. Con idea of protecting the 1928 mark,siderable force must have it was to try and restrain the de- fendants from competing with the 1930 Mark.

Mr. Hugh-Jones said that with regard to the suggestion put for ward by the deferice that there was no evidence to show that the mark was caluculated to deceive, if His Worship were to look at the Marka and see the similarity then that itself would be prima facie oví- dence that it was meant to deceive. Mr. Waters had given evidence that in this and other parts of the world, the goods were bought

The charge was that the defen- dant assaulted Cheung Hon-fan. 77, a rickshaw inspector, outside the Ko Shing Theatre on July 30. Det-Sergt. Riddell stated that there was nothing in the case, the complainant only had a slight bruise on his chest.

SPINSTER CONVICTED

a gold bracelet.

Charged with the theft of a gold jade ring and valued at $49.50 on July 22, Lo Yin Kul. 18, a spinster appeared on remand before Mr. W. Schofield at the Central Court yesterday.

Det.-Sergt. Riddell who was in

KEY THAT DIDN'T FTÙ When Li Tung appeared on re mand before Mr. Macfadyen at the Kowloon Magistracy yesterday charged with the theft of two Leghorn chickens the property of Mr. A. A. Lopes, of" 222. Prince Ed- ward Road, and the possession of a picklock, it was stated be Det Sub-Insp. R. Cunningham that when the defendant was taken

back to Yaumati police station on Thursday he told the police that he chung to fetch his box as the key did not wish to go to Wongmei- found in his possession did not at the lock. It was another key.

charge of the prosecution stated, Sentences totalling six weeks' hard

the defendant could not find the labour were passed and the pick- money necessary to redeem the lock was confiscated. article.

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Drug & Department Stores.

Defendant was sentenced to a dne of $50 or 6 weeks, and ordered to pay $8.77 amends or 107, appeared in the Central Court Shiro Miyohsi, a Japanese aged days.

yesterday before Mr. 8. F. Balfour charged with having entered the Colony without a valid passport.

pills at 137, Temple Street, groundments would be made for a pass- For the possession of 1,988 heroin The defendant was fined $13 on the understanding that arrange- been door, Yip Kau, 42, who had pre-

vious convictions, and Wan Tak, port 55, were each, fined $1,000 with the option of six months' hard labour

THEFT OF KET by Mr. Macfadyen at the Kowloon

Chan Ah-mo allas Chan Ah- Police Court yesterday. Yip Kau yau, aged 39, appeared before Mr.key. Immediately after he left was additionally fined $80 or two 8 F. Balfour at the Central Court months for the possession of 24 yesterday charged with the theft taels of illicit opium. Revenue of an iron water kay from the Officer J. L. Stephens prosecuted: Water Works Department in Fok-

used to inflict the blow because the knife was not sharp.

On éxamination of the first ac cused, witness found that, his knuckles were abraided, The ac cused complained of bodily pains as did the second accused but both their bodies did not show much sign of having been in a fight in which poles, bars and knives were used. The second accused had a small swelling on the top of his head

Det.-Sergt.

D. G. MacPherson gave evidence after which Insp.

by the illiterate classes and thus Elston" described the scene of the the similarity was therefore strong-crime. He stated that he found er for these reasons.

The defence had further sg- gested that the Mark No. 211 of 1928 had not been used in various parts of the world for the past seven years. In that connection Mr. Hugh-Jones pointed out that In the evidence of Mr. Waters hu had stated that the mark was still" being used in China. In Cross- examination Mr. Waters had said that he had seen the gends in the Shanghai gérown.

The mere appearance of the la- bels themselves, submitted Mr. Hugh-Jones, was,autfiefert ground to surmise that they were intended to deceive the incautious pur- chaser.

At the conclusion of the ad- dresses by both counsels, Mt. Bebo- field said that he would deliver his judgment on Monday after-

2000

THEFT BY FINDING

UNLICENSED RICKSHAW COOLIE

FINED

a trial of blood from hut No. 4 to the kitchen of hut No. 3 and there were wet blood splashes on the doors and walls of the passage. He found the knife in a basket of wood chips.

testined to the, accused's state- Police Interpreter Fu Yuk-ching ments in answer to the charge,

The accused reserved their de-

fence.

CARRIED TO HONG KONG

Whilst Being Drunk

EXPULSION ORDER

AGAINST AMERICANS

IF

Corporal W. B. Underwood and Private J. B Mears, two American soldiers from the American Army in Manka were charged before Mr. 8. F. Balfour at the Central Court | yesterday with having entered the

Colony without valid passports.

Sergeant R. Au Loughlin stated On a charge of the theft by that the soldiers were under the Anding of a pair of spectacies, came to they found themselves on influence of liquor and when they belonging to Mr, H., R. Pinns, of No. 25, Kimberley Road, Chiu board the ss. Tanda bound for Chun, 25, unlicensed rickshaw Hong Kong They reported them- coolfe, was fined $5 or, in default, seves to the Captain who handed 14 days' imprisonment by Mr. E. them over to the Police on arrival Himsworth at the Kowloon Magis- here.

An expulsion order was made Det-Bergt. Davies, of the Water against the defendants. Police, stated that Mr. Pinna and

tracy, yesterday.

a friend travelled in rickshaws

..

י

pulled by defendant and his bro- to Mr. Pinna. On August 5, a de- ther from the Far East Garage, tective was searching the Yuen Nathan Road to Mr. Pinna's re- Bang pawnshop when a small boy sidence. After discharging their entered with the spectacles to passengers both rickabaws went to paw When questioned the lad Mody Road where the defendant's stated that he had been given brother found the spectacles in them by Chiu Chan, of 100, Can- his rickshaw and gave them to deton, Road. The spectacles were fendant telling him they belonged | valued at $21.

fulam. On August 6 the deten- dant was seen to enter the yard and soon after walk out with 'th's

handed him over to a constable. house the witness followed and

Defendant was sentenced to two

months.

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