1936-10-17 — Page 16

16

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HONG KONG DAILY PRESS, SATURDAY, OCTOBER 17, 1936.

MAGISTRATE

THREATENED

(Continued from Pare 1.)

In dismissing the application presented at the court by Mr. Lo His Worship sa di---

I am not sure that this case La strictly suitable for rehearing v:.. review, ance, in the first place, the original charge is one which must be taken for committal and I have. therefore, no jurisdict.on to dis- pose of it summarily and; second- ly. I discharged defendant, as was done in this case, it is nut a determination of

But the case simply a decision that the evi- dence, as it stands, is insupicient to put the defendant on his trial in the higher court. However, I am prepared to overlook this and treat the application on its merits.

"Mr. Lo at the last hearing sub- mitted that the defendant's solici- tor's submission had been incor- porated in my ruling... I am not quite prepared to agree with the to the extent of saying that cof- roboration is necessary in Law. but that it has come to be re- cognised as a rule of practice..

MATERIAL POINT

KNOWING

LOOKS

Knowing looks characterised the expressions of Miss Pamela Dodwell and Mr. F. C. Hall at the Happy Valley races last Saturday.

More Happy Valley pictures will appear in the "Daly Press " on Monday.

Coples of these photographs can be obtained by ordering from the office of the "Daily Press," Marina House, · Queen's Road.

"Mr. Lo also submitted that BRIBERY

W ctner or not the defendant had venereal disease was immaterial in considering the credibility of the girl's evidence but I disagree with ham on this point as in this case, where two parties are alleged to have had relations, it seems to me very material though not conclu- sive that if one of the parties is suffering from discase the other party is or is not" suffering from disease.

her

ALLEGED

(Continued from Page 1.)

He then told Sergt. Gough that ne had a brother and a relation, 17 the guards, 'B261 and B500, whom he wished to be transferred to a ship. The defendant was told that the arrangements were made by S. I. Baker,

The defendant then suggested; that he could make Sergt. Gough

a rich man if he would do this,

SERIOUS MATTER

Bergt, Gough told defendant that it was a serious matter and that he needed a few days" in which to think over the propost- tion. A day was fixed.

On August 28, as the defendant

did not appear on the day appoint

"Mr. Lo also said that unless it Is suggested that the girl had led, evidence is prima facie" evidence. Without going to the extent of saying that the girl lied, my decision only goes to the point as to whether there is suficient evidence to support her statements In & court of Law. Thus her evidence as to times, places and circumstances generally must be such as to be both definite and credible. To take one of these cir- cumstances alone. her evidence as ed, Gough went to S. L. Baker to t'me is vague in the extreme and reported the matter and re- and, the original charge, by men-ceived instructions. tioning the date on or about Sep- The defendant eventually came

on September tember 4, directed defendant's at

asked 10, and tention to that date as was shown Sergt. Gough if he had arranged by his answer to the charte.

for the transfer. Sergt. Gough reminded the defendant that there was no such man with the No. 261, and thinking that the defendant had made a mistake suggested 381, which the defendant said might be the man but he was not sure.

under which

"Mr. Lo also submitted that the phrase directly implicating the accused, the word. "directly" ca mean either (a) corroboration o the circumstances. the girl was ashaulted or when she told her story, etc., or (b) the identity of the accused, and that in this case "(b) applied. and the girl said "My schoolmaster" and the identity which was left was. therefore, quite definite. But this is virtually saying that the girl, by naming a particular person, cor- roborated her own evidence.

"I quite agree with Mr. Lo that there are factors which, if taken In conjunction with other parts of the evidence, might be taken as corroboration, that is, by some evidence of interference and los of virginity, but my conclusion 1 that these, in the absence of r

corroborated evidence, sufficient

establish a are not enough to "prima facie case. The applica- tions, therefore, dismissed but the prosecution are not debarred thereby from taking such action as may seem it at a later date if and when they should come into Dossession of further evidence."

Sergt. Gough asked the defen- dant what transfers he wanted, and was told that Bergt. B361 and B500 should be placed on thę 8.8. Hat Tan, and he would pay $500 Falling this he wanted them to be.

transferred to the S.S. On Lee and he would pay $200, ........

AMOUNTED SUGGESTED Sergt. Gough said that $200 was not enough and suggested $250. Defendant agreed. The danger of the transfers was pointed out to the defendant.

On September 15 at 7.55 p.m. 8. I.

and Baker and Farquhar

Bergt, Gough," met in the latter's room by arrangement and waited for the defendant.

1

On hearing the bell B. I. Baker and Sergt. Farquhar went on to the verandah and looking through the door which was slightly opened saw what was going on.

The defendant was admitted and took a seat at the desk. "At the

PERSONALITIES

AT

THE

H. K. RIFLE

ASSOCIATION

(Continued from Page 1)

TOTO NA BA SA

mocted and some sceptics had even stated that it would peter out after a few weeks. Capt. Caffyn had always "scen to" the range at Stonecutters for the Association's shoots over there, and had always endeavoured to make everyone feel at home.

Major Walker stated that he wished Capt. Caffyn health, wealth and prosperity and sincere- ly hoped that he was not saying "good-bye" but "au revoir".

Captain Coffyn, in reply, ex- pressed thanks for the honour ac- corded him by the Association. He felt almost certain that he would return to the Colony, when he most assuredly would take p in the Association's shoots-this

time on Saturday afternoons 25

wel!!

Among those who attended the meeting were:- Major Walker (President) Major D. H Bteers Hon. Secretary) T. G. Stokes, W. R. Chester Woods, W. Austin, Bub. 1. A. C. Ford, Dr. Y. 3 Wons, Lt. (E)A... C. Berlyn, RN, Captain Carles, R.M.) and Lt. J. D. Pat- tullo.

same time he took out a.roll of banknotes.

toid Sergt. Gough. him to put them away and to complete the arrangements for the transfers. The final decision Was that the men were to be transfer- Led to the 8.8. On Lee. The money was again produced, and Sergt. Gough asked for a document. The defendant said that he had not brought it. Then Sergt. Gough. said that their agreement was off, and at this the defendant suggest- ed writing it at once

The document was made out written both in English and Win- dustani and was signed.

The defendant then handed drer several banknotes,

Immediately

the money was being handed over the two oficers on the verandah entered the room. The defendant pleaded with the Inspector.

The hearing was adjourned to October 26.

RÁCES

The Hon. Mr. J. J. Paterson talking with Mr. E, Davidson, whilst Mr. Pentreath cames for- ward from the right at the Happy Valley races last Saturday.

Pictures featuring personalities in the paddock” will 'appear on Monday. Copies of these pic- tures can be ordered at the city office of the Daily Press," Marina House, 15-19 Queen's Road.

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