1937-05-27 — Page 2

Page

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HONG KONG DAILY PRESS THURSDAY, MAY 27, 1937.

MANSLAUGHTER CHARGE

AT SESSIONS

Indian Constable On Trial For Death Of Chinese

100

The hearing of the case in which Ahmed Din, aged 33, police constable B667, was charged with the manslaughter of Tsang Wul, aged 50, of an unnumbered hut near the Ho Wang Temple on March 23, was commenced before the Pulsne Judre, Mr. Justice R. E Lindsell, at the Criminal Sessions yesterday morning.

The Hon. Mr. Leo D'Almada e Castro," Jnr., Instructed by Mr. D. McCallum, appeared on behalf of the accused, while the prosecution was conducted by Mr. M. 3. Abbott, Assistant Crown Solicitor, assisted by Inspector F. T. J. Portallion,

The jury empanelled for the case were Messrs. Omar el Arculk (foreman), J. H. R. Hance. Ng Tae- fat. Leong Ngal-pool, Frank Tock, R. F. Clark, and N. W. Smelry.

Opening for the Crown, Mr. Ab- bott said that deceased was in a habit of going to a vacant piece of ground in Boundary Street every morning to collect refuse from stalls for feeding pigs. On March 23. deceused left the hut at 10 and arrived "at the stall

..

(le Did deceased die as a result of an unlawful act committed by somebody?

#

(2) Was accused the person who committed the unlawful act? Evidence was then called. Dr. Lo Cheong-fel stated that the deceased was suffering from

Witness internal haemorrhage. suspected rupture of the spleen and sent for Dr. J. T. Smalley who operated upon him.

WIDOW'S STORY

Au Liu, aged 40. deceased's widow, stated that she lived with her husband (deceased) at Kow-

of Pun Kau where he usually went. About 11.45 a.m, accused went into the enclosure in uni- form and asked what Tsang Chol,kon City where they raised pigs deceased's son. wits doing and searched Tsang. Deceased told ac- eused that his son was slightly dear. When deceased was sitting down accused kicked deceased in the stomach as a result of which he toppled "over. After kicking deceased, accused left the en- closure and went in the direction of Kowloon Tong.

Deceased complained of pain and left for his home at 1 p.m. Tsang Chol accompanied him as far as Grampian Road.

CRAWLING" INTO HUT

Deceased's mother-in-law, Ho Miu, saw deceased crawling into Au the hut. Deceased's widow. Lin, who was working in the field. was asked to go to the hut where she found deceased lying on the ground holding his stomach.

After assisting him to bed, Au Lin went to the Kowloon City Po. lice Station and made a report. Deceased, was taken to Kowloon Hospital where he died the next day, following an operation."

sald Continuing, Mr. Abbott there was no justification what- ever for accused to do what he did, as deceased had said nothing rude against accused. It mattered not that accused probably did not intend to kill deceased, but as de- ceased died as a result of his kick- ing him. then accused should be charged with manslaughter.

POINTS FOR JURY Before closing his opening for the Crown, Mr. Abbott asked the jury to consider the following two ques- tions very carefully and to weigh them with the evidence given be- fore pronouncing the verict.

OVERCROWDING OF PRISONS

Over 1,000 Released Last Year

It is disclosed in the annual re; port of the Superintendent of Prisons, tabled in the Legislative Counci yesterday, that 1,063 prisoners were released last year before expiration of their senten- ces.

COURT NEWS

IN BRIEF

Inspector Shannon, of Yaumati Police Station,, appeared for the prosecution yesterday when two unemployed men. Leung Kwal-ting. aged 28, and Kwok Sik, aged 43. were charged with burglary and re- ceiving stolen property before Mr. E. Himsworth at the Kowloon Police Court.

Inspector Shannen stated that on the morning of May 24, complain- ant Li Yiu, shopkeeper of No. 289. Reclamation Street, reported the theft of a suit case containing 30 pieces of clothing and a small bag. Defendants gained entrance to the premises by breaking a window glass, and drawing back the bolt to the door.

Defendants were each sentenced to four months' imprisonment.

A wholesale business in chickens. and other birds, which had a turn- over of about $10,000, and which was carried on in private premises was

the subject of summonses against Tam Cheong and Yam Hung of Nos. 103 and 111, Argyle Street, respectively. "The defen- dants were each Aned $20 by Mr. E. Himsworth at the Kowloon Magistracy yesterday.

Sanitary Inspector P. E. Knight stated that the premises in ques- tion were visited as a result of com- plaints by residents in that area.

and grew vegetables. On March 23 her husband left the house to

The flats were absolutely disgust- At 1 p.m.. she was fetch, plg feed. called In from the fields by her ing." he said, and added that the mother who asked her to go and authorities had once offered a piece

of land which was away from re see her husband. She went into hut and found him lying on thesidential quarters, but "defendants ground holding his stomach and refused the offer. groaning.

ACCUSED IDENTIFIED

·

Appearing before Mr. K. Keen at

·

•

Mr. K. A. Bidmead, AS.P. said the Central Magistracy yesterday that he "held an identification on a charge of breaking trees with parade at the Police Headquarters the intent of stealing them Lo Tin. on March 24 and paraded the..ac-60-year old widow was fined $50 or

six weeks' hard labour. cused together with eight other Indians and asked. Fun Kau to pick out the person who kicked the deceased and he picked out accused in about 15 minutes. Then Tsang Chol. deceased's son, Was asked to identified defendant and he pleked accused out in less than} five minutes.

Dr. J. T. Smalley. "Senior Medical Officer in charge of the Kowloon Hospital, gave evidence to the effect that deceased had died from a ruptured spleen. He added that after the operation, deceased's condition had improved until about 11.05 am. on the following day when he died.

20

For allowing his black and white dog abroad without a muzzle or leash in Coombe Road on April 29 Dr. H. Mai was fined $5 by Mr.. K. Keen at the Central Magistracy yesterday.

+

**

*

Charged with the theft of cloth- ing from two boys employed by the Craigengower Cricket Club, Ng Man was sentenced to three months' hard labour Sy Mr. W. Schofield at the Central Magistracy yester- day. This was the defendant's third offence in six months

•

For returning to the Colony be- Ho Mui. deceased's mother-in-fore the expiration of his "banish-"|

ment period. Chan Yau, 57, was law, testified that about 1 p.m. on March 23, she saw deceased crawl- sentenced to one year's hard labour ing into his hut after being kick- by M. K. Keen at the Central ed. He was groaning and com- Magistracy yesterday. plaining of pain, calling out "save life."

Trang Chol, deceased's son. also gave evidence, and said he saw his father fall to the ground as he was being, kicked by the Indian in the stomach.

After further evidence the hear- ing was adjourned to this morn- ing.

ני

DEATH OF MR. D. MUIR

Former Hong Kong Resident

Mr. David Muir, for many years employed on the China coast and afterwards associated with the Hong Kong and South China Gab Company, died at his residence. "Kowloon," Eldersile, Renfrewshire." on May 13, at the age of 84. five years after his retirement from active life and his return to. Scot land.

•

•

For stealing $11 from Li Sul, shop toki, in Kam Wah Street ja sentence of "three months' härd labour was imposed on Lau Yun, aged 25, unemployed. by Mr. W. Schoßfeld at the Central Magistracy yesterday.

For the larceny of scrap Iron from the Hong Kong Electric Com- pany compound, North Point, Yiu Chak appeared before. Mr: W. Schofield at the Central Magistracy yesterday and was sentenced to alx weeks' hard Tabour with the alter- native of a fine of $50

COLONY HEALTH

RESULTS

Tuberculosis Claims Many Victims

Sixty-nine deaths from tuber- culosis occurred during the week ended May 22, according to figures The late Mr. Muir will be remem-supplied in the Health authorities

a former chief engineer returns.

In the past four years, 3,325 pri- soners have been released in this fashion, Action of this nature has been forced on Government by the large increase in crime and conse-bered as quent overcrowding of prisons. Punishments for breaches prison discipline was also on a more liberal scale than in past years, 430 punishments being awarded as compared with 324 in

the

on the China coast, and later ak There were also five fatal cases of being attached to the engineering of cerebro-spinal fever, four cases.

staff of the Hong Kong and Bouth of typhoid fever, three of measles, China Gas Company. He retired with one death, and five cases of

dysentery, with two deaths: from the latter company in 1932.

previous year. Corporal punishment was inficted in 13 cases for prison offences.

Statistics in the report show convincingly that crime is on the increase in Hong Kong.

The dally average number of prisoners has increased in this

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1931

1932

1933

1934

1935

1930

*

1.102 1.114

1,472 1.810

1,796

1,827

A keen lawn bowler, Mr. · Muir, regularly skipped rinks at the How loon Bowling Green Club. Upon his return to Scotland, he joined the Elderslie Bowling Club and maintained an active interest in the

game.

A widow and one daughter, Agnes, who is a school-teacher, survive him, and much sympathy will be felt for them in their bereavement.

Two cases of small-pox, and one each of diphtheria, measles and dysentery, were notified to the local Health authorities.on Tuesday, ",

FUNERAL OF MISS. BARAKAT MARKAR

♫

A large gathering attended the funeral of Miss Barakat Markar, which took place at the Maham-' medan Cemetery yesterday even-. 100 per cent. in two years.

ing, the 17-year-old and youngest The percentage of convicted daughter of Mr. C. G. Markar of prisoners admitted to prison with the Holland China Trading Co. and. The daily average number of previotiz

recorded | Mrs. Markar, whose death occurred convictions prisoners at the present time ex- against them was, 15.9 as compar in the morning after a prolonged ceeds 2.800, an increase of 100 overed with 14.1 for the previous year. Illness.

Mulvi Noor Shati conducted the 100 per cent. Since 1932.

Fifty debtors were imprisoned The number of convicts (1.6.) | Inst year, as compared with 16 in burial rites, while the chief mourners were deceased's parents prisoners serving over two years the previous year. My fam increased from 157 in 1934. to 217 There were no executions last and her two élder sisters and two

younger brothers, as well as -number of relatives.

In 1935 and to 297 last year, re- year. One attempt to escape from presenting an increase of almost? Victoria Gaol was unsuccessful,

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