1937-01-19 — Page 7

GARDNER SENTENCED

Mitigation Plea By Counsel At The Sessions

NO ATTEMPT AT RESTITUTION

Deliberate Scheme To Defraud

Firm And Government

Joseph Charles Gardner, aged 19, was sentenced to f5 months' imprisonment with hard labour by the Chief Justice, 'Bir Athol BlacGregor, at the Criminal Sessions yesterday when he pleaded guilty to six charges of fraudulent conversion of sums of money entrusted to him by his employers, the Union Insurance Society of Canton Ltd., for the purpose of purchasing revenue duty stamps and affixing used stamps.

It will be recalled that at the December Sessions. Gardner ap- peared on similar charges but was acquitted by the jury on a plea of autrefois convict made by Mr. Leo D'Almada, jun, who appeared on his behalf.

Ee left this Court on that occa- sion a free man only to be bitter- ly disappointed on being re- arrested immediately on leaving the precincts of this building-an Indication, perhaps of the Crown's own disappointment in not having got their man.

"Their motive may, perhaps, be of no importance to this case but I only mention it in the hope that Your Lordship will giye a little weight and little weight only-in passing sentence, be- cause here was a mari once, free and: once again faced faith the shame and degradation of a fresh

Yesterday, Mr. D'Almada ad- dressed the Court in mitigation of sentence. "His conviction finishes him " said Counsel "This is a plea that I have unfortunately had to raise on a former occasion, that # conviction and sentence on a European in the East. where our numbers are comparatively stuali, makes regeneration vers difficult and a considerably heavier handi- į trial": cap than if he were in Europe."

Mr E. H Williams, Assistant Attorney General, for the Crown, stated that thà, sum involved was $2,000 and Gardner had made no attempt at restitution.

Gardner was charged with (1) fraudulent conversion of the sum of $20.60 on January 5, 1935; (2) fraudulent fixing of two stamps

His Lordship: Surely he was re- arrested on specific charges to which he was pleaded guilty?

SENSE OF PUBLIC DUTY Mr. D'Almada: "That is 80, but I do suggest that Your Lordship should take this into consideration So much for the facts of this

particular case. It goes to his favour that accused has shown a

HONG KONG DAILY PRESS, TUESDAY, JANUARY 19, 1937.

SUMMONS FOR ASSAULT

Japanese Youths Bound Over

OPIUM SEIZURE ON SAMPAN

Further Evidence Recorded

Two Japanese youths. Betji Charged with the possession of Sáton and Kunihid Batoh, ap 1,150 taels of non-Government peared before Mr. K. Keen at the prepared opium, valued at $9,209. Central Magistracy yesterday on and dumping the optum into the summons for assaulting Chau Hogea in order to avoid acizure by hit, a school teacher of Canton the police, Chan Sze-mul, master

At the previous bearing: Chau

of a sampan, and two tolls, La said that he was taken ill at Can-Tai-hee and Tang Tal, appeared ton and was admitted into the on remand before Mr. E. Hima Tung Wah Eastern. Hospital here worth at the Kowloon Magistracy on December (27.2

sesterday afternoon.

ויי

In the witness "box," first deferi- dant denied that his name was Chan Sze-mul, and that he was not the owner of the craft,

It was on the same night about 0 pm., he was outdoors for some fresh air when "he heard

some cries coming from beyond the wall. Upon investigation, he discover-

Appearing on behalf of the first ed two Japanese assaulting, a

defendant, Mr. Hin Shing in, ask- rickshaw coolie, He asked them ed:What were you on board that to stop it and their reply was beat--I was a fukt. Mr. Lo: Des "What are you looking at?cribe to his Worship how the two Chinese,

Chau took no more notice of them, and proceeded walking Suddenly, the defendants chased him, and one of them struck him on the back with the fist

The complainant was examined by Dr. Phoon of the Tung Wan Hospital, and there were bruises found on the left thigh and leg and also on his chest and back.

Miss Chan Chung-po, matron of the Tung Wah Hospital and Yin Chain-plu, dresser, gave. Corro- borative evidence..

#

|

H. K. POLICE RESERVE

(Orders by the Hon. Mr. T. II. King,' Inspector General of Police)

CHINESE, COMPANY · Inspection Parside:--All ranks of the Chinese Company will parade at Central Police Station on Thurs day, January 21 at 17.30 hours un der Sub-Inspector RJ. Hunt for a general inspection of equipment,

Dress Blue Uniform; Cap with etc., by the Company. Commander.

White Cover, Belt with Brace, Truncheon, Pocket Policeman" Equipment Oncer will make a and note-book to be carried... The

point of being present.-

**INDIAN COMPANY. Training Course (Part IL)—The undermentioned members of the Indian Company will attend Indian Company Headquarters on Tues- day, January 19, 1937 at 17.30 hours for Part II of Training Course:- : Constables (201, 8. 1. Bux, R210- Abdullah Shah, R213 8. B. Hussain, R316 Lal Khan, R236 M. 8. Dillon, R207 Fazal Ilahi Oppal, R208 Mo- hamed All Oppal, A225 Kasim All, R226 A. R. Razack and 1293 Jaffer Moharned.

cases came into your possession."

Witness said that a coolle gave them to him while they were nah- ing. He was asked to carry them to Ngau Klu, and to wait for him at the destination to receive ·tha boxes The coolle told him that Training Course (Part TEJ SA it was not necessary for him to The undermentioned members of come on board as he had already the Indian Company will attend noted the number of the sampan, Indian Company Headquarters on and that the coolle told him that Wednesday, January 20, 1937. at these two boxes contained miscel-17.30 hours for Part III. of Train- laneous goods. He did not knowing Course:-

that they contained opium, and Constables R208 Mohamed Khan, he only came to know of their | R282 Latif Khan, R299. Abdul It was stated at yesterday's hear-contents when the boxes were Shakoor, R280 M. Sherif, R771 M. Ing that the two defendants had opened at the police station.

Feroz, R285 H Singh, R263 R. an argument with a Tickshaw According to Sgt. Haynce.the galim, R282 Omar Hoosen, R201 S. coolle. The complainant inten-police shouted for you to stop, did 1. Buz. R203 Jaffer Mohamed and vened and got the worse of it, you hear the shout?-Yes, when R268 M. 8. Vedi, they were near.

There were six others with the complainant and the two. de- fendants stated that Chau swore

at them in Chinese

The boys' father testifed that

to the tace value of $23 on Janu- sense of public duty at one time he did not see the fight but heard

ary 5. 1935: (3) fraudulent con- version of $83 on April 1, 1935; (4) fraudulent axing of six stamps to the face value of $26 on April 1.) 1935; (5) fraudulent conversion of $64.50 on November 23, 1935; arid (6) fraudulent fixing of five stumps to the face value of $62.25 on November 23, 1335.

During the war he was in the local Police Reserve from three months of its inception, until that force was disbanded and, in the General Strike of 1925, he rendered signal service to the Government Civil Hospital for which he received two letters or acknowledgment from the authorities. (These letters to the Chier

These suITES of money were were handed up given to him by his employers. the Justice). There is only one other Union Insurance Society of Can-aspect of this case to be stressed ton, for the purpose of revenue and that is, that a conviction fin-

stamps.

FAMILY TO SUPPORT "The facts of this case and lead ing up to the offences committed

these," commenced Mr. D'Almada in hiş plea in mitigation of punishment. "The defendant is 49 years old and has been in the employ of the Union Insurance Society for 28 years from 1905 to 1910 and then again from 1913 to 1936. His salary when he resigned

was $370 a month from which cer- tain deductions were made for the provident fund leaving him a net sum of $350. It was necessary on this mum to support a family of 13 children. 11 girls and two boys, only one of which, a daughter, had recently been married and the eldest boy is only 16, None of them is employed and to augment

his income it was the defendant's practise to give lessons in short- hand and book-keeping but in spite of this he found himself in Aparicial difficulty some three years ago owing to the serious and prolonged illness of one of his daughters which culminated in a very grave operation, the whole of which naturally resulted in heavy expenditure,"Ų EUR

A point I should like to make in his favour la that the fruit of his misdeeds did not go in reckless squandering but to fuldi the dire necessity which arose through these unfortunate onuses.

MAKES CLEAN BREAST

ished him. The conviction and Rentence of a European in the East where our numbers are com- paratively small, makes regenera- tion extremely difficult and severer handicap than it would be in Europe.

SUFFERING CONTINUES

"I submit that though this plea has been repeated by me at a former hearing, it is none the less effective and should be taken into consideration. Your Lordship may have considered it in a former case in which a man, charged with The fraudulent conversion of $14,- 000, was sentenced by Your Lord- ship to four months. The facts may be different, but I do say this, that if that fact weighed in in this case. that case it must likewise weigh

Particularly in a case of this kind one's punishment and one's suffering only begin with sentence. It continues for ever afterwards and, in the whole circumstances of this case, I think Your Lordship would be satisfied that Justice would be met by the lightest of sentences. If your Lordship could be so good as to do this, might I suggest that the sen tence date from the date of the

arrest.

His Lordship asked for the total amount involved in the case, and was informed by Mr. E. H. Wu- lams, Assistant Attorney General, who prosecuted. that it approxi- mated $2,000,

RESTITUTION

futin Joly, 1938, he resigned from Mr. Williams added that when hia: employment, w left for Japan | accused resigned he received over then sent a letter which, I think $10,000 as his share of the provi- Your Lordship will agree, goes to dent fund and had previously re- his credit. In it he makes a clean ceived another amount. breast of things and is especially His Lordship: That is more. careful to exonerate his superior than sufficient to re-imburse his from any responsibility in the mat- employers. ter. His superior testided in the * Police Court to his record in the His Lordship (to Mr. Almada): employ of the Company until these One point which I am not quite unfortunate lapses. He stayed clear is that I understood you to some little" time in Japan (and, say that it was in accused's favour my instructions are, he eventually that he, at once wrote a letter resolved to return to Hong Kong making a clean breast or the mat and to give himself up. He ter. There is a reference in a travelled under his own name letter from the Shanghai Secre- there was no attempt for con- farial Office claiming a refund or cealment but on arrival," "hë || $150 on one of these documents found that the sweetness of liberty to which stamps had been fraudu was something which he felt some lently affixed. Would not the what dimcult in renouncing and whole matter have come to light none could blame him, in the dir- automatically? cumstances in that he was arrested on the very same might or mis arrival

Mr. D'Almada: Yes, but the only point is that he had the de- cency to write, after he had got away, and, exonerated his superior in this matter."

a commotion

BURNS' 'DINNER

1

Was your sampan in motion when your heard the shout-Yes.

SLOWED DOWN AS In spite of the shout you were rowing hard trying to run away.-- No, I slowed down.`..

The Chinese detective, at the last hearing, told the Court that you and your two fokis pushed one box overboard.-No.

In view of the numbers attend- One of the cases, was in the ing the Burns' Dinner at the Pen-water, can you explain how? The insula Hotel on Monday, January motor boat collided into my craft 25, 1937, the General Committee of and caused the case to fall over- the Society regret that no more

board.

names can be accepted for utten- dance at this function.

Inspection Parade:All ranks of the Indian Company will parade at Central Police Station/on Wednes day, January 27 at 17.30 hours t- der Sub-Inspector R. J. Hunt for a general inspection of equipment, etc., by the Company Commander. Dress: Blue Uuniform, Cap with White Cover, Belt with Brace, Truncheon, "Pocket Polideman? and note-book to be carried. The" Equipment Officer will make a point of being present.

FLYING 'SQUAD · Instructional Patrol: The in- structional patrol for members of the Flying Squad will take place on Friday, January 29, 1937. Members Central Police Station at 17.15 hours.. Dress: Blue Uniform, and Cap with White Cover.

Mr. G. 8. Hugh Jones who ap peared for the fokis, asked:

Did either of the two fokis take parade at Dart in the discussion No.

Who was in charge in the ab- After a few minutes' consultation | sence of Chan Eze-mil?—I vas with his client, Mr. D'Almada said: Was there any appearance in This matter. I have already raised † any of the boxes that roused your with defendant. He tells me now that he is pretty certain restitution of half the amount would be made but not the whole amount

His Lordship: It is not from that point of view I am approach- ing, as it is outside, judicial con- sideration. It would have been material if there had been imme- date restitution or an "attempt had even been made.

Mr. D'Almada: Nó attempt was then made,

JUDGE'S REMARKS

suspicions-No.

Inspector K. W. Andrew (who prosecuted) asked the first defen- dant:-

You said that your name la Kwok You? Yes

EMERGÈNCY UNIT BESERVE Leave: Constable R44 N. Fárgaa- soft has been granted six months" leave of absence, as from January 1, 1937.

Dfeeting: All members, will at- tend No. 2 Police Station on Fri- Why did you answer to the name day. January 22 at 17.30 hours for of Chan 8ze-mul at the first hear-general meeting. No members ing-I did it to shield the owner may be absent from this meeting without leave from the Company of the craft,

Arms

The hearing was adjourned to Commander. All' members will- Thursday at 11.30 am.

bring their Arms, and Licences.

C. CHAMPKIN,'' - DSP, (R.). Hong Kong, Jariwary 18, 1937,

OF CHILDREN

Subscriptions Received During January

The Kowicon Junior School

(Collection. Tin) Captain "M" (Collection

Tin)

Mrs. G. A. C. Herklota Anonymous "RTBE... Mr. William B. Finnigan Mr. B. Labrum ......

Addressing Gardner, Ells Lord-SOCIETY FOR ship and: "I have latened with

PROTECTION attention to everything that your Counsel has said in your behalf and I need not tell you that I will give due weight-consistent with ray duty-to every one of his pleadings. At the same time I cannot overlook the fact that you were a trusted employee in an hon- ourable position in the firm which you had served so long, and you deliberately, over a period of Mr. W. R. Mansfield 17 months, embarked on a sys- Dr. J. H. Montgomery tematic scheme or defrauding Mr. P. S. Cassidy ... them and the Government of this Mrs. R. A. Price Colony. This scheme roy were Prof. M. H. Roffey able to carry out only because you

Miss M. B. Hall were in a position of trust, deal-Mr. J. Barrow ...... ing with honourable men who ex- pected from you the saine 'scru- Dulous and fair dealing that they would extend to you and to others. "It is true that you wrote to your employers after your realgna- Mr. H. J. Pearce ... tion but the weight that I can at Anonymous minuarti tach to that letter is, to my mind: Mr. T. 6. Whyte Smith largely discounted by the fact that Mr. J. C. McDonall.... your frauds would inevitably have St. John's Cathedral (Part of, the Christmas Tree been found out as soon as action'

Funds) was taken on the secretarial let- tez referred to, and I cannot

over look the fact that when you realised that the game was up, you immediately tendered your re- Donations already acknow signation, received a considerable sum from your employers as your Provident Fund contribution, and although you were then in a poul- tion to make full restitutiunt, you made no attempt to do so mitil to day-an offer which I can only regard and stigmatise as a alg gardly offer, an offer to pay a half is made presumably as an attempt to bargain on your part, had "I should be completely facking in my duty if I did not impose a severe sentence on you in, a case such as this. You will go to

“In memory of Mr. G.

Potis already acknow ledged

ledged

$51.05

Portuguese Couple Married

OSMUND-SILVA

Miss

19.85 A pretty wedding was solemnized 50.00 at the Rosary Church, Kowloon, 25.00 Yesterday morning whe 25.00 Celeste Aurelina Osmund, of 29. 23.95

Jordan Road, Kowloon, became the 20.00 bride of Mr. Martano Maria da Silva. The Rev. Father, Rossi 29.00 officiated at the ceremony.

20,00

15.00

The bridesmaids were the Miases 15.00 C. and N. Osmund, step-sisters of 15.00 the bride, while Mr. R. Silva acted 10.00 as best man. The bride was given 10.00 away by her father, Mr. C. H

Osmund. 7.80 5.00

A reception was held after the 5.00 ceremony at the Club Recreio where the bride and bridegroom were, toasted by their many friends.

ST. JOHN AMBULANCE

15.00

10.00

245.12

$608.77

BRIGADE

Annual Ball Fixed For February 12

The St. John Ambulance. Asao- ciation and Brigade are holding Further donations will be gladly their annual Ball on February 12 accepted by the Hon Treasurer at the Hong Kong Hotel under Mr. A. McKellar, C.A c/o Mac kinhon Mackenzie & Co. P. & 0.the distinguished patronae of Building,

H.M.S. DAINTY FOR WEI-HAI-WEI

That was on November 23 lust and he has been in police custody ever since. He was up before fils Lordship: Do you want to Your Lordship at the last Crimin- say anything about restitution? _ *** prison with hard labour for 16. The Naval suthorities inform në

His Excellency the Governor, Bir Andrew · Cüldécott, Kt, Q.M.C., OBE, KE of Grace Order of Ek John of Jerusalem, and Lady Caldecott.

There will be in addition an English" and Chinese, cabaret. the progrimine of which is entirely new to the Colony, and should Mr. D'Almada: Could I bave a months from to-day on each that HMS Dainty left for Wel prove a great attraction, similar to these and was acquitted | word with defendant on this point? charge, the sentences to run con- | hai-wel yesterday while the USS. · Further details will be announes on & ples of autrefois convict.

currently.

Ashvile salled for swatów

al Sessions charged with offences

"His Lordship:. Certainly,

ed later.

LANE, CRAWFORD'S

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