1937-01-21 — Page 6

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SESSIONS

LIBEL CASE CONCLUDES

HONG KONG DAILY PRESS, THURSDAY, JANUARY 21, 1937.

CRIMINAL

SIX WEEKS IN

INCIDENT

JUROR TALKS (TO WITNESS

11

"

Damages Against Newspaper

A libel action instituted by Chau

Case To Be Re-Tried-mau against four men of

the "Kong Po", a Chinese news | paper, concluded yesterday before The third days' sitting at the the Pulsne Judge, Mr. Justice J. J Criminal Sessions before the Hayden, when his Lordship award- Chief Justice, Sir Atholl Mac-ed the claim with damages for the Gregor, was interrupted just be plaintif. fore the afternoon's hearing yes- terday when his Lordship inform- ed the Court that his attention had been brought to the fact that one of the jurors had discussed with a principal witness of the prosecution about the nature of the dye used in the manufacture of heroin.

: His Lordsnip added that he could not too strictly emphasize that a true verdict was given only according to

the evidence Court, which was sufficient for a

trial. and that the case would have to be withdrawn at that juicture, and be re-tried.

Women Accused The cast concerned Tam Chu lau, 34, and Ma Chal-wan, 58, both women, who were charged with the unlawful possession of a quar-

Mr. M. K. Lo appeared. for the plaintiff, and the men, Khuk King-mui, Tong Kuk-chuen, and Pun Chi-ching. were represented by H... de B. Botelho, while Lam Chung-ling was defended by Mr. 8. Ng Quinn.

Plaintiff claimed that he was a a member of the Chinese Military Aair Counell and it was stated that Khuk was the proprietor, Tong the publisher, Pun the editor

and lam the printer of the news- paper, "Kong Po"; and that on October 8, the defendants falsely and maliciously published an ar ticle to the effect that Chau sug- gested a pacification- scheme in Kwangsi to ease the tense situa- tion there,"

“MOSQUITO” PAPER

Mr. Lo said that the paper which

was known as a "mosquito paper" in the Colony ceased publication as soon as the writ was issued on October 27, and that it required no innuendo to stress the gravity and degradation of the libel."

ter-ounce of cocaine hydrochlo ride, 18 ounces of white mass be ing an admixture of cocaine and diacetylmorphine, 432 pills con- "taining a similar mixture, 2 ounces of diacetylmorphine, 48 ounces of pink mass containing diace-He submitted that there was no tylmorphine, and 37,054 pills con-

foundation for the false state taining diacetylmorphine, at 39, ments, and they reflected seriously Wongnelchung Road ground floor,

on the character and integrity of the plaintiff. on December 11.

The Jury was composed of Messary. J E. A von Kobza." Lai Klang-huen, Leung Pong-im, ` G.

In A letter his client received from the defendants, continued Mr. Lo, he was informed that the article WELS sent

by some

GAOL

Would-be Snatcher' Caught

H

Sentence of six weeks hard labour was imposed on Chan Cheung; 37, unemployed when he was brought before Mr. J. A Fraser at the Central Magistracy yesterday morning for aiding and abbeting in a theft of $32.88 from Chung Hoi, at · Cönnaught Road West on Monday.

Sergeant Clarke, who prosecut- ed, said that about 4.30 pm. on Monday last, the complainant Was about to enter a shop when defendant and another mati bumped him. After this complain- $32.50 Seeing the two men in frent ant discovered that he had lost

of him, he gave chase but was stopped by the defendant while the other man made good his ea- cape. A detective in the vicinity

5 and the arrested the defen-

dant.

11

SALE OF A CHILD

Chinese Man And Women Charged

A man, and three women, Tse Sang, 50, tinsmith of 15, Moon Street, ground floor, Chan Tai allas Yu Po, 49, Chan Wai Yu alias Yu Ku, 50, of Steward Road, first floor, and Kwok Mui, 26, of 113 Leighton Road, second floor where brought before Mr. J. A. Fraser at the Central Magistracy yesterday morning for taking part on the

| A. Lawrence, A. G. Hargreave, anonymous person, and it had transaction of a minor, Tse Mul,

Lee Tse-yuen and S. Dunn.

|

Mr. M. J. Abbott appeared for the prosecution. and Mr. Leo D'Almada e Castro, Jr., represent- ed, the defendants. Instructed by Mr. C. Y. Kwan.

HEROIN PILL CASE FAILS

Man Discharged At Sessions

Another man, Wong

been published while the editor

that an apology would be made at was absent from the Colony, and

the earliest opportunity.

APOLOGY PUBLISHED When his Lordship queried the earliest opportunity,Mr. Lo replled that an apology was published in two of the leading Chinese dallies for six consecutive days.

The welt was issued on October 12 and the parties came before his Lordship on October 30, to be adjourned for a week!

12 on January 12.

እነ

Mr. Ael Arculli appeared for the fourth defendant. The third and fourth defendants were allow- ed ball of $500 and $250 respec- tirely.

Inspector Ellis prosecuted and the case was fixed for hearing on next Wednesday afternoon.

BANISHEES: "RETURN

Defendants knew of

the libet action on October 30, but it was Wong Chol, 34, unemployed was not until December that the sentenced to nine months' hard apology was made. Aside from labour yesterday morning when he that, defendants had made an op-appeared before Mr. J. A. Fraser Yuen, plication for securt:y of costs on

at the Central Magistracy. for re- charged with the possession of November 13, intending to fight turning to the Colony before his heroin, was discharged by the the case. Plaintiff then paid $100 term of ten years' banishment Chiet Justice. Sir Atholl Mac-into Court: Gregor, when Mr. M. J. Abbott, in- | formed the Court that no further evidence would be given against the defendant after Tsui Tuk, in terpreter at the Upper Levels Po lice Station had testifled.

Defendant was represented by Mr. Leo d'Almada e Castro, Jr., instructed by Mr. M. A da Suva. It was alleged that on December 20, Senior Revenue Ocer A. W. Grimmitt and Mr. H. A. Taylor, headed a party that rided the basement of No. 75. Bonham Road. The door was not opened for a considerable time after knocking.

Defendant and another man were there at the time and de- fendant told the officers that he had only been there for six weeks and that he was a cook on the premises

Mr. Abbott added that there was an ingenious arrangement of bells at both the front and back doors, which made admission difficult to the uninitiated.

The first witness, Trut Tuk, testifled that he saw the two đè- fendants in the charge room on the day in question. He explained to them the nature of the charges and they seemed to understand,

"NOT GUILTY”

had expired." The defendant wäs

tention to

He also drew his Lordship's.at- banished on August 8, 1936, and the famous Artemus | since then he had been arrested Jones-Hulton case in England in twice for returning to the Colony, which a wholly fictitious name of Jones appeared in libellous print in an English newspaper. A Jones of that name brought the case to court and won the action.

In rebuttal M. Batelho sald that he would abandon the de- fense and only submit a ples of mitigation, and bring evidence to prove that a verbal apology had been offerred.

His Lordship awarded Judgment against defendants or $700 with costs.

YOUNG THIEF CAUGHT

Sewing Machine Bobbins

A 11-year-old buy was brought before Mr. J. A. Fraser at the Cen- trai Magistracy yesterday morning for the larceny of sewing machine bobbins from each of the following tailor shops: Wong Bhun Tung

He then asked for their state- ments, after which Wong naked him what "hoy lark ying yuen" of 175, Lockhart Road, Wung Lat meant. He replied that they were Hing of 101 Queen's Road East, red pills, and meant the same Bze To Tim of 76, Lockhart Road thing. Their statements were then and Wong Bung, of 182, Lockhart taken down and he asked them Road, on Tuesday last.

to attach their signatures to them.

Leung Chun. 18, unemployed

Mr. d'Almada asked his Lord also appeared before the Magis, ship if he had to cross-examine trate,, charged with receiving the and the Chief Justice replied in the negative,

goods

Chun was sentenced to a month's Mr. Abbott than stated that he hard labour on each count, mak would offer no further evidenceing a total of four months impri- against the defendant.

sonment and the boy is to be dealt with in the Juvenile Court,

Without deliberating the jury brought the unanimous verdict of "Not Guilty."

Outlining the facts of the "case, Sergeant Estall cald that the 'boy went into the shops to steal the bobbins while the other defendant

UNSTAMPED RECEIPT waited outside to receive them.

Sin Kwal-hung of National Shiri

Manufacturing Company was sum on December 11, 1936, and issuing moned before, Mr. J. A. Fraser at a receipt without any stampe the Central Magistracy yesterday afixed on it.'

morning for receiving from the "His Worship imposed a fine of Chung, Shun Company No. 130 $25 on the defendant." Sergeant Queen's Road East a sum of $20 Whitecraft prosecuted.

33 was also sentenced to nine Another banishee, Chung Wing.

months hard labour when he ap peared before Mr. J. A. Fraser at the Central Magistracy yesterday. The defendant was banished on March 23, 1936 for ten year.

"

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