1937-03-19 — Page 2

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HONG KONG DAILY PRESS FRIDAY, MARCH 19, 1937

TEN YEARS GAOL FOR HEROIN OFFENCE

Japanese Case Concludes

You have seen at för reasons known to yourself to take part in an extremely calculated, deliberate attempt to introduce dangerous 'drugs into this Colony in a very large quantity.

You know that the quantity of morphine, the importation to which you were a party, was sufficient to poison the whola population of this Colony, body and soul.

"The law rightly regards your offence an extremely serious one and I cai And nothing to zay in mitigation in your case. This is much the most serious case of this type that has come before this Court.

יי

"The sentence of this Court is that you go to prison with hard labour for a term of ten years."

These words, spoken in firm tones by the Chief Justice. Sir Atholl MacGregor, at the Criminal Sessions yesterday closed the bnat chapter of the case in which a Japanese, named Kepakio Itabashi, 41 years, was charged with the possession and importing of 724 ounces of diacetyl morphine, com- monly known as heroin, on Janu- ary 4 last.

The Jury, comprising Messrs. A. C. I. Bowker (Foreman), Jow Kwan Bok, J. G. Buis, W. C. Ogley, P. A. O'Bow Hove, Q. H. V. Ribeiro 'and Mok Hing Cheong, after retirement for ten minutes returned a 8-1 verdict of guilty on both charges.

Mr. M. J. Abbott, Assistant At- torney General, prosecuted and the accused was defended by Mr. H. G. Sheldon, K.C., and Mr. Hin Shing Lo. instructed by Mr. J. M. Hall.

The cross-examination of Lee Mui Tan, teacher from Tientsin. was continued.

Replying to Mr. Abbott, witness said that Wong Sheung Sang asked the defendant to take some bag- sage to Hong Kong.

TIENTSIN CLERK'S STORY

i

Cross-examined by Mr. Abbott. witness said the conversations in the Hotel took place near the ac- countant's office. Witness admitted there were a number of guests at the Hotel on the day in questions.

"INTELLIGIBLE STORY"

In his address to the jury. Mr. told by the accused was intelligible, Sheldon submitted that the story

but the man. Wong Shau Sheung who was now in gaol, the most im- portant figure in the case, had not been called by the prosecution. It

witness like that. was not for the accused to call a

Referring to the telephone in- cident, Mr. Sheldon said that to take a fair view of the Incident, when the accused snatched the receiver. It was equally consistent with gullt as with fear.

At the very highest the case could be put against the defence was that the accused may or may not have known what was in the luggage.

THE TELEPHONE CALL Replying for the Crown, Mr. Abbott submitted that it curious that as Wong Shau Sheung

WAS

Fan Chik Ching, reception clerk travelled on the same ship with at the Pak Yeung Hotel. Tientsin.

the accused from Tientsin that he testified that he knew the prisoner to take some of his b. rgage. He (Wong) should have asked accused and Wong Sheung Sang. He last saw the latter at the Pak Yeung the defence to call Wong.

Turther submitted that it was for Hotel on December 27 when the accused was also present.

Regarding the "telephone in- cident, Mr. Abbott said that it was Witness saw Wong give the pri-

the Crown's case that a bribe of soner three

pieces of baggage. $3,000 each to R.O. Ward and Mr. Wong told the prisoner that, the Watt Fak U was offered by the ac- trunk contained 13. tins of food-cured, and at that time only one stuff. Wong also handed over two keys to the accused.

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I

box which conted white powder wus foun. Fr the time that accused was seen board the ship by Mr. Ward mth Wednesday in Court, there had never been the slightest suggestion

that Wong gave the accused the luggage.

SUMMING UP

FORGED NOTE

CASE FAILS

Sessions Conclude

COURT NEWS

IN BRIEF

Appearing before Mr. K. Keen at the Central, Magistracy yester day, Lat Hot, 41, male, was charged

The last case on the Criminal with indecent assault an a young Sessions calendar came before the Chinese girl aged 18 who resided Chlef Justice. Sir Atholl Mac-at an address in Hollywood Road Gregor, yesterday afternoon, when on March 16. His Worship re Ho Kwan allas Ho Chi Ting, was manded the case till next Thurs- charged with the possession of 12 | day, ball being fixed at $500. counterfelt Hong Kong Govern- ment $1 notes, knowing the same to be forged. Mr. M.J. Abbott, For keeping a heroin divan, Fung Assistant Crown Sollettor, prose- Ling was fined 3300 or six weeks' cuted and the accused was defend-imprisonment when he appeared ed by the Hon. Mr. Leo D'Almada, before Mr. K. Keen at the Central jun, instructed by Mr. J.M. Magistracy yesterday morning. D'Almada Remedios.

The following jury was em panelled:-Messrs. RF. Challinor (Foreman), J.H.. Lao, JF. Sousa, King Sun and Lee Wun Fu O. A. de Carvalho. A. Becker, Un

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sum of $50 for one year when he Thời Lớn đảo Bound over in the appeared before Mr. K. Keen at the Central Magistracy yesterday ter the larceny of one brass pipe from No. 9. Queen's Road Central, last Wednesday.

:'

A sentence' or one month's im- prisonment was imposed on Kwan Chiu. 30, when he was charged with the larceny of an Iron pipe, before Mr. K. Keen at the Central Magistracy yesterday.

For the possession of a quantity of heroin pills at room No. 517, of the Luk Kwok Hotel, Wong Sal female, was brought before Mr. K.

night of January 23, the defendanted, and ball was axed at $2500.

Keen at the Central Magistracy Mr. Abbott said that on the resterday. The case was remand- and a woman, Ho Fun, were ar- rested in Shanghai Street and on being searched the defendant, taken to the police station where

Ho Kwan, was found to have the forged, notes also $9 in Hong Kong and Shanghai Bank notes. The woman was charged with various offences of uttering. It appeared that the woman, Ho Fun, ap- proached a cigarette stall and pur- chased a packet of cigarettes for which she tendered,a dollar note A foki, Chan Yau, employed in a grocery shop. was asked by the vendor, an elderly widow, if the

the negative and the note was note was good and he replled in

handed back to Ho. Pub. The de- fendant then approached Ho Fun and asked her if she was able to use the note. This was overheard by Chan Yau who followed the woman to various shops, three in all. After this process had been gone through a third time, Chan Yau, who knew a hawker from whom the woman was about to purchase stockings, informed the hawker that the note was bad and the woman was seized. Chan Yau then caught hold of the defen- dant who was across the road and accused him in the presence of an Indian constable that the defen- dant had forged notes. When charged the defendant stated that he did not know the notes were genuine or not. He was told to keep them anth Ho Fun required

them..

Sergt. J.G. Whitcroft, áttached to the Treasury" testised that the notes were forgeries and added that they were fairly good for-

In his summing up which lasted series and might deceive any per-

from 10.55 to 11.50 a.m., his Lord- ship pointed out that the telephone incident was the most interesting and most significant incident in the whole of the trial. It was strongly in the accused's favour that all the dangerous drugs were cleverly concealed. It was not a suddenly conceived 'attempt to bring dangerous drugs into the Colony. The accused's case was that he was an innocent dupe of Wong. It was only by Inference and deductions and nothing else that the jury would arrive at as to whether the accused had know- ledge of the contents of the luggage or not. It might well be, said his Lordship. that ? man well aware of the damaging con- tents of the luggage would only be too glad to give it to an innocent dupe to carry.

In conclusion, his Lordship pointed out that it was not part of the jury's task to compileate clear issues which they had to decide by adding to that the con- sideration of what they might feel about their service as a juryman years hence:. If there was any substantial doubt they must give the benefit to the accused,

JURY THANKED

The jury retired at 11.50 and re- turried at noon when the foreman (Mr. Bowker), announced their verdict and sentence was passed as stated above.

son at a casual glance.

Further. evidence was called.

then

At the conclusion of the evidence for the Crown, the jury were re- quested to retire when legal argu- ments were heard.

Mr. "D'Almada submitted that there was no case to go to the jury and at its highest the Crown had only made out a case of grave suspicion against the accused. !

jury's return directed them to re- His Lordship agreed and on the

turn a formal verdict of not guilty. Thus they did and Ho Kwan was.. discharged.

H

CASE AGAINST WOMAN The case against the woman, Ho Fün, allas Ho Wai Ching, charged with uttering three forted $1 HK. Government banknotes, will be heard at the April Sessions.

HEROIN PILLS CASE

Inspector Baker, who prosecuted. from the garden attached to No. said that the pipe was

dug up

16. Caine Road. Defendant had two previous convictions.

Appearing before Mr. K. Keen on a charge of driving a motor lorry without a valid licence in Connaught Road West on Wednes- day last, Lai Min was ordered "to pay a fine of $25 or one month's imprisonment,

Inspector Baker, who prosecuted, sold that defendant had a pre- vious conviction of the same na- ture.

Tse Kam 42, appeared before Mr. W. Schofield at the Céntral Magistracy yesterday charged with the larceny of a pair of gold ear- rings from the person of Tong Ching-chof married woman, aged Voeux Road West on Wednesday 45, on the stairway of No. 385 Des

last.

The articles, valued at $25, were not recovered. The case was re- manded for 24 hours for medical examination.

Ng Yee, 35, was bound, over in the sum of $25 for one year when she appeared before Mr. W. Schol

yesterday, Geld at the Central Magistracy charged with the possession of 43 catties of dead pine tree at Stubbs Road on Wednesday last.

Lau Hing, 57, appeared before Mr. W. Schöffeld at the Central Magistracy yesterday on a charge of possession of 61 cattles of wild tree wood at Blue Fool Road.

A fine of $25 or one month's im- prisonment was imposed on him for breach of 'a personal bond, and $10 or two months in gaol for the offence with which he was charged.

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Sunday, 21st March Commencing 9 p.m.

AT THE

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after work sometime after 6 pm. and saw complainant nghting with his wife.

The case Was remanded till Saturday. Ball was fixed at $10.

Arrested at Wanchai Road, on Inforination received, Wu Sing, Chlu Tuk Tat. 24 year-old- male, was charged with the posses draughtsman, made another ap- sion of two forged HK, and pearance before Mr. Q. A. A. Kap- Shanghai Bank notes before Mr. fadyen at the Kowloon Magistracy, W. Bchofeld at the Central Magischarged with the murder of Cheung tracy yesterday and was sentenced Yuk-Ching, alias Cheung 8am- to six months' hard labour. ".

kwu. at No. 323, Reclamation Defendant pleaded that the Street, third floor on March 7. friend who owed him a sum of Chiu's behalf, asked for a week's notes were given to him by a Mr. D. L. Strellet, appearing on money. He had no idea that they formal remand which was granted. were forged when they were hand-

For thu possession of 1,324 herof pills, at No. 118, Tai Nam Street, ground floor, on March 11, Yu-tung 30, unemployed of No. 28, Lai Lam, 42, unemployed and Kang

Pet Ho sentenced to pay a sum of $700 Street, Arst floor were with the alternative of six months' His Lordship hard labour each when they ap added that the verdict was one peared before Mr. Himsworth ated to him. which was amply justifled on all the Kowloon Magistracy yesterday the evidence that had been heard. His Lordship, after passing sen- tence, thanked the jury for their patient hearing and exempted each member from further service dur- ing the current jury year.

HONG KONG HOTEL

ARRIVALS

morning.

ΓΙ

A maintainance claim was brought by Chul Mul-ying 23, mar tective Sergeant willingford stated was sentenced

Appearing for prosecution, De-

A banishee, Man Chuen, aged 32, ried woman, residing at No. 5.

to nine months. Hok Tsui, Stanley, against

her- that on March 11, about 9 D.m. he

hard labour when he appeared be husband,, Lai Bhing-yan, 31, an went with two other. Chinese de-

fore Mr. W. Schofield at the Cen- employee of the HK. Electric tectives to No. 116 Tai Nam Street tral Magistracy yesterday charged Company, at the Central Police and found that the arst defendant with a breach of the Deportation Court yesterday. was the principle tenant. There Order. Defendant was arrested ini were ten persbris there at the Des Voeux Road near Central time, including the second defen- I Street. darit. It was the Chinese Detec tive who actually saw the second

Miss Dagmar W, Cleghorn, Miss defendant, trying to hide the keys Bang, was charged with as

A fifty-one-year-old cootle named Grace L. Cleghorn, Mr. W. for one or the draws in the pre-saulting his principal tenant, To Cleghorn, Mr. R. Cohendet, Miss cisus. Ermine Cross, Mr. and Mrs. A Marchegay. Mr. Eugen Marschall, and took the keys away, and when The detective seized his hand Mr. C. M. J. Martel, Mr. M. the drawer, was opened, the heroin Nathans. Rev. Geo, M. Vercoe,

pills were found.

Second defendant stated in Mr. H. Herzberg, Miss D E. Court that the keys Just bap Hollway, Miss E. F. King, Mr. P. pened to be on the bed and he E. King, Mr. A. C. Row...

was just going to keep it.

DEPARTURES

Hop-mul, a widow, aged 60%; the Central Magistracy yesterday, Appearing before Mr. Keen at

complainant related her story, say ing that defendant joined in the fight when she was arguing with his wife,

Defendant denied having struck her, adding that he returned home

In evidence complainant said: that she was married to defendant. sometime in November last and a. few days after their marriage her

neither money nor words. Com- husband. left home leaving behind

Dainant further stated that she was not happy, and that the mar between. ringe had been arranged by a go-

The case was settled by the agreement that defendant should, within 24 hours, pay: $3 to his wife and to pay her, through the Ma- gistracy the sum of $7 on the first day of every month.