1936-12-16 — Page 6

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HONG KONG DAILY PRESS, WEDNESDAY, DECEMBER 16, 1936.

MANSLAUGHTER

CHARGE

Further Medical Evidence To Be Given

GARDNER FREED

(Continued from Page 1.)

In answer to the charges, Gard-, gulity then there was nothing per replied that the King ought further to say but because of the not further to prosecute the in-plea of guilty there was a convie- dictment against him because he tlo straightaway and therefore rad been lawfully convicted of the was a bar to the proceedings.

ME. D'ALMADA'S ADDRESS Mr. D'Almada Informed his Lordship that he would send in a

Flea of guilt was a conviction. there was no question otherwise, and the jury should be directed that defendant had already been

Arraigned before the Chief Jus-offence charged. Bice. Sir Atholl MacGregor, yester- day on manslaughter, Wong Ping Chong pleaded not guilty to the charge of killing Cheung Sut, formal plea of "autrefois convict," | convicted and could not be con- woman manure-carrier, by alleged that is, that defendant had al-victed angin. negligence in driving his truck, teddy been convicted, and that he at Fanling. Kowloon, on Novem would also send in the same plen

for other charges

ber 3.

Mr. E. H. Williams, the assistant the attorney general conducted prosecution. Mr. K. W. Bidmead,

A. S. P.. was present in court.

The following jury was em-

Dr. G. H Henry deposed that Cheung Sut died from hemorr hage from multiple injuries. They were consistent with coming in Impact with some great force.

Upon his Lordship's remark that a jury would not need to be em- ranelled, Mr. D'Almada replied that one should be to try the |issue, which was one entirely on

4.

same

panelled: Messrs R. J. Shrigley. law.

foreman), Cheung Man, Cheung Beginning his address, Mr. chee-ling, Kwan Heung Chuen, JD'Almada xaid that the argument F. Robinson, F. M. Silva and A.

was largely point of law. The Krilovsky.

special plea arose from the prin- ciples of Engash, law that no man should be plated twice on trial for the same offence nor could he be

twice for the convicted offence. Lai Tsun-kong. the driver of the

Defendant had already been con- lorry that was ahead of the de-victed by the Magistrate and on fendant's on the day in question, the indictment now, he could not stated that he was near the 201 not be convicted again. There mile stone" when another truck

fore. It was the duty of the jury tried to overtake his. He had just to discharge him. possed a railroad cressing and

Continuing counsel said that had rounded a curve in the road although at one stage of the plea when he noticed a woman aboutne should have to prove that de- 300 yards ahead, going in the fendant was not only convicted same direction.

but also sentenced, it was now no. She was carrying a load of two longer the law. The fact of cori- baskets on her shoulders and sheviction was sufficient was on the right side of the road.

The plea was rejected because He noticed, at the same time, there was no adjudication before that the truck following his was

the Magistrate but there was no also on the right of the road, and coubt that defendant was convict- he estimated that his speed at the, and therefore, could not be time was about 15 miles an hour. convicted again and should be

He did not signal to the truck to pass him as he was at a curve but it passed his, and, in the act of overtaking him, struck his right body.

when he got on the truck, the driver of the other one was already at the spot where the woman had fallen into a ditch.

He saw the woman lying on her face on top of some bamboo stumps and she was removed by the occupants of the other truck to the police station, and thence to the hospital.

Lam. Yuk, a woman riding on Tai's truck on that day, corroborat ed his evidence.

Lischarged.

It was not necessary for the plea to succeed for the defendant to show in evidence that there was a conviction recorded by the Ma- gistrate, as all that was needed as the plea of Gully, which was a conviction."

He informed the jury that there was no doubt whatsoever of the proceedings at the police court and no man should be placed in per twice for the same conviction.

Mr. Williams informed the court that there was a difference be tween the laws here and in Eng- land. Defendant was not allowed to make a choice in Hong Kong of the procedure that the Mag's- trate should take.

Defendant bad admitted the charges preferred against him, and It was always the procedure of the court here to read the charges out to a defendant, to which some re- ply must be made.

In rebuttal. Mr. D'Almada sald that in England the consent of the defendant was taken before a summary trial which was reall" an argument, a bargain struck be- tween the Magistrate and defen- dan

instructing the jury, the Chief Justice said that defendant. in this case, had not aleged gulit of the offences in the Indictment, but had made a special plea that he had already been convicted and therefore, in British justice, he could not be put in peril again of the charges and could not be con- victed again.

There was no question so far as the offences were concerned that the Magistrate could have dealt with summarily, and that there was very little difference between ' the depositions at the summary court and for committal.

JURY'S VERDICT His Lordship concluded by say- ing that it was up to the jury to If there was any doubt at all, it decide if the Magistrate had ori- should be given to defendant orginally intended to send defen- else to and out what steps had been taken at the Police Court.

dant for trial at the Supreme Court or to be judged himself.

Magistrate could have changed his mind after taking the pleas, and therefore it meant nothing.

Further, if the Magistrate could When Mr. Williams informed his deal summarily then his Lordship, Lordship' that the evidence was could come. to the decision that į signed at the Magistracy as WES. the Magistrate had assumed juris-usual with procedure for commit- diction over the case, and that the tal, Mr. Almada replied that the procedure would be the same in regard to punishment at convic- tion but not for an indictment.

MAGISTRATE'S JURISDICTION

Mr. D'Almada contended that it was a clear fact that the Magis de-trate in this case, had assumed jurisdiction, and, after taking" the pleas, had taken the case for com- mittal

NO WARNING GIVEN The other occupant of Lal's truck, Lam Ching-loy, said that he was riding in the rear of the truck and so saw nothing until the truck stopped He 'sald that the fendant did not sound his horn të fore he passed.

Defendant: Didn't you hear me sound my horn?—No, I did not.

Did anyone teach you to give this evidence?—I am speaking the truth. I did not hear the horn

After a short deliberation, the jury brought in the unanimous werdict that defendant had pre- viously been convicted at the lower court.

His Lordship forthwith dis- charged defendant and told him If defendant had pleaded not that he was at liberty to go.

·CAR PARTS THEFT

Blumenthal,

*7.

BAG SNATCHING AGAIN!!

Carpenter Succumbs To Temptation

Tong Heung, riding In de fendant's truck, sald that they Cho Tak-sum. 44 unemployed were going from Yaumati to Kam was brought before Mr. K. Keen Ti with a load of 12 earthernware at the Central Magistracy yester- pipes. He noticed the woman be-day for larceny of motor car ac ing knocked down and helped to cessories, valued at $6, from carry her on to the truck

private car, No. 790 at No. 21. Pang Mul, the daughter of the Robinson Road. The car is owned deceased, deposed to identifying by Mr.

* warder. her mother at the' Kowloon Mortu-Several motor impliments and

Chan Chong, 21, a carpenter at ary.

five aluminium plates, were allez- | Tai Hong Road was brought be- Sgt. C. Basting, officer in charge ed to have been stolen &

lore Mr. W. Schofield at the Cen- of Sheung Shui police station, said

Sub-Inspector Kirby said that trai Magistracy yesterday for lar- that lorry 1477 was driven in to the defendant was arrested by a ceny of a hand bag contaling the station on November 3 by de-netective at 3.30 a.m, on Decem. $19.40 on December 19. fendant with a woman on board. ber 14. when the various parts. Sub-Inspector Madgwick sald end that she was suffering from were found strapped around de- that on December 13 at 7.40 pią, internal injuries."

fendant's waist, The latter ad- a woman was walking along Tal mitted that he had stolen the Hong Road and noticed defendant Scrimm deposed that he goods. Sentence of 2 months Im-leaving her house. He walked examined the lorry which was a prisonment was imposed. 2-ton International. He had told the driver only the day previously of the "defect in the brakes. The defect caused it to swerve to the right at every application of the brakes.

Sgt.

BRAKE DEFECT

Testing it on November 3, the day of the accident and the day after he had warned defendant of the defect, he found that the de- fect was still there but slightly im- proved. The

Chief Justice interposed here that he did not know how Dr.] Henry's evidence bore on the am- plification of the theory that the woman had been thrown off the road and had rolled into the ditch of bamboo stumps.

Defendant; in the witness stand, repeated the story that had been told by the other witnesses, but add- ed that the woman's pole struck the side of his truck. In his at- tempt to avoid hitting her he struck the right side of the other lorry,

TRESPASSING

past her and suddenly snatched her hand bag and ran away. Later the complainant. Eo Shut Sam, reported the incident to the po- lice,' when," accompanied by a de- tective, she visited a shop where defendant Was employed, and found some of the coins lying on the floor at the entrance.

The accused was arrested. Damage amounting to $10.50 was done to the bag.

6

Yau Ho Fik, 60, unemployed, no fixed abode, was brought before Mr. QA. A. Macradyen at the Kowloon Magistracy yesterday for trespassing in infiltary barracks and for falling to make a report to the Shamshulpo Police Station in November while, under police Defendant said his wages was supervision for two years, from eighty cents per day. August - 1935.

Defendant said that he hadYes, if I ask my master.

His Worship: Can you get $11? just been dismissed from the

The case was remanded for 24 Kwong Wah Hospital where he had been sick for over'a month. ;

hows.

The case was remanded for 24 hours for further investigation to be made on his evidence.:

REVOLVER ·

}

V

ANOTHER CASE

for larceny of a

Chin Yần 32, unemployed was brought before Mr K. Keen at the, Central Magistracy yesterday

gold chain and a stone appendage from Wan

· POSSESSION

Yuet Ching, 15, a spinster, at Queen's Road Central on December Leung Ping-mong, allas Leung 14, Mr. Williams-How far ahead Fal-ting unemployed, was Inspector Baker said that she was the woman when you first brought before Mr. K. Keen at the Was walking along Queen's Road noticed her? As soon as I turned Kowloon Magistracy yesterday Central, when defendant came up the corner.

afternoon for possession of a reto her and matched the chain and the stone, appendage from her What position was she then? volver and four rounds of ammu -She was walking along the right, nition without a licence on De- neck The case was remanded for side of the road on the glass, cember 6. The defendant was ar~ rested at the Shamsulpo Ferry

The hearing was then adjourned

24 hours

to this morning when further Wharf with the goods strapped was remanded till this morning, medical evidence will be given tightly round his waist. The case | with accused in police, custody.

4

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