1937-06-01 — Page 2

SANDEMAN

SHERRY

& PORT Obtainable everywhere.

Stop That COUGH

or COLD

WHEN

JHEN your throat is sore and your eyes watery; when you can't stop coughing and sneezing and you're thoroughly lost in a cold, a Peps in your mouth brings wonderful relief.

These wanderful breatheable tablets will also check the worst cough or cold before it settles on your chest and turns to bronchitis. Peps give off rich. medicinal essences which soon search out and overcome cold, and 'flu germs. Peps soothe the throat and inflamed Bir tubes. They cut choking

1.F. 1117...

phlegm and strengthen and invigorate your

chest and lungs,

Take

To przero concentrated sexsnerrikich Peps contain sorry tablet is wrapped in sicer paper. They are packed in sealed glass bottles, along with Full printed directions is loading language. And to Mama at may malicine Tanker,

PEPS

Breatheable Tablets

you

So much that is bezelful and romantic awaits in Austria: Vienna-the world's music centre; Salzburg—the festival dity; the Styrian woodlands; the beautiful Danube valley; the lakes of Salzkam mergut and Carinthis; the Tyral and Vonelberg--- -hands of picturesque passants and snow capped -mountains; and the lovely landscapes of Löwer and Upper Austrin. Both for Summer Holidays (Golf Tennis, Swimming, Climbing, etc.) and for, Winter Sports, Austria has become more popular than över. . Come to Austila se my time of the 2012- you many ha mai af x, kindly welcome.

Come to Beautiful Romantic Austria

the loading? fouriza, ngmuziós, STÄTE TRAVEL BURKAM, 159 y

HONG KONG DAILY PRESS, TUESDAY, JUNE 1, 1937.

"MEDICAL

EVIDENCE

'USELESS"

Rape Charge Not Proved

FORGERY

ALLEGED

COURT OF APPEAL

AN IDEAL DRINK FOR SUMMER REFRESHING and a · TONIC

Ko Hak, Ming, cashier of the Refusal To Consider CAP CORSE NAPOLEON

Wing Sing Commission Agency, at No. 134, Wing Lok Street, and Chui- Shuf Hol, general assistant of the Wing Sing Commission Agency, made their appearance before Mr. K. Keen at the Central Magistracy.

The case In which an Indian yesterday afternoon on 18 different constable, Niaz Mohammed, was charges of forging, and receiving charged with the rape of a Chin-money from the New Zealand In ese woman, Yu Tai, on the hillside surance Company, complainants.

After stidence was given by Mr. near the Kowloon Rifle Range," on March 16, was concluded before Mackinlay. his Worship adjourned Mr. E. Himsworth at the Kowloon the case until to-day at 2.30 p.m.

| Magistracy yesterday afternoon, At yesterday afternoon's hearing when the accused was discharged. an extra charge of forging was Mr. M. J. Abbott. Assistant brought against the first defen- Crown Solicitor. conducted the dant, namely forging an invoice case for the prosecution, while Mr. dated April 13, 1937 from the Hin-shing Lo appeared for the de- Hing Lee Co. Both the defendants

are on ball of $15,000.

fence

CHINESE SEAMEN

Evidence

At the,

Court of Appeal yesterday morning.

appeal against an order made by the Chief Justice, Sir Atholl Mac- a judg. Gregor, which set aside ment delivered by him in 'Chain- bers, was heard by Mr. Justice R. E Lindsell and Mr. Justice J. A.

Fraser.

The appellant, Mr. Tso Yuk-tong. was represented by the Hon. Mr.

Leo d'Almadae Castro Jnr., in- asructed by Mr. M. A. da Silva, while Mr. H. G. Sheldon, K.C., in- structed by Mr. M. M. Watson, appeared on behalf of the respon- Company dent," Luk. Hol Tung Limited.

The appeal arose out of an action brought by Mrs. Teo Yuk-tong against the Luk Hol Tung Co., Ltd., claiming the return of a debenture deed valued $8,139.10, plus $821.12- Belure Mr. K. M. A. Barnett at interest. She obtained judgment

IN COURT TM«

of the crew

of the s.a

Produce,

of the respondent, but subsequently the latter auceeded in applying for judgment to be set aside.

After formal evidence, was given. Mr. Hin-shing Lo submitted that there was plenty of opportunity at the time of the alleged incident for the woman to resist but there was no evidence to that effect, and that the woman did not make any voluntary complaint until she | the Kowloon Magistracy' yesterday..! en account of the non-appearance was induced by her relatives.

nine Chinese discharged members DISCREPANCIES IN EVIDENCE'

were charged with the assault of Mr. Abbott commented on the two other Chinese, Taul Ming-p3,

WRONG PRINCIPLE accused's physique as compared 28, Third Engineef, and Ying. Chai-

Mr. d'Almada said the appeal with the complainants, and said sung, 44, freman, who has just was against an order made by the that if there had been any strug- | been, zigned on. The assault is Chief Justice, setting aside a judg- gle defendant "must win and win alleged to have taken place on Mayment obtained by appellant against hands down". The woman was 16.

respondent. modest and that was why she re- The defendants were Li Sung, After outlining the incidents frained from saying anything to 55. bosun, Li Luk, 38. Li Muk-shing, leading up to the action, Counsel Her relatives.

33, Li Ngan-shing, 34, and Li Kam-stated that the burden of the ap- cheong, 33, quarter-masters. Chung | peal was that the Chief Justice Tak-sze, 41, and Li Ming, 25, sea-acted upon wrong principle in men, Lam Ping-chan, 25, cook, and refusing to consider the evidence Li Ming-lok, 17, kitchen boy. First as to whether or not, apart from defendant, who was on bail of the question of the merits of the $100, was fined $50 and ordered to defence, "respondent's conduct was pay $10 compensation to first com- such as to entitle him to have the plainant. Second, third, fourth judgment set aside. Further, the and Arth defendants were each judgment was set aside without fined $25 or 21 days. Sixth defen- any terms being imposed. dant was Aned $20 or 18 days. The remaining three defendants were bound over in bonds of $20 each.

Giving judgment," his Worship said: "I am of the opinion that this case should not be allowed to proceed further. I base my opinion on the fact that in the "three essential features of this case there have been such discrepancies In the evidence as to make it im- possible for the Court to find out what really did happen."

With reference to the act it- self, although I feel little doubt that there was some carnal con- nection between defendant and Yu Tai, yet I am by no means satisfied that the prosecution have shown that this connection amounted to rape.

|

Dealing with the notes taken at the hearing of the Bummons. Counsel stated that it would be seen that the Chief Justice ap- peared to have taken the view of the irregularity of the judgment on account of which it should be set aside, the point being it was a wrong judgment owing to the fact that no claim could have been

Mr. F. E: Nash who appeared for all defendants, pleaded guilty. Sub-Inspector Butcher stated that he had gone on board the a.s. Pro- duce. In answer to the police call USELESS EVIDENCE

signal. Mr. F. Thorvalsen, the "The matter is therefore com- chief officer, then reported the as-made. plicated by the medical evidence sault and four iron bars and four which should have been of so hammers were picked up. First much value in this, case and yet complainant had been badly in is practically useless. Such evid-jured in the head and had had to ence as there is goes to show that stay in Hospital for four days,

Yu Tal was not injured and show- ed or signs of being violently man handled which was what her

evidence led me to belleve, and the evidence which I have heard the only injury which was subse- | but that a trial judge would quently, found was discovered so never allow the case to go to the late as to be impossible to connect fury. In these circumstances with the alleged act.

hold that the defendant has no "I am of the opinion that not case to answer and is accordingly only could a jury not convict on discharged.". i

MECHANISATION IN AGRICULTURE

Prof. Zoener, the Agrarian ex- pert, who is on his way to Hainan aland. was the speaker at the Canton Rotary Club at their last meeting. Addressing the gathering he said:

ATTEMPTS IN AMERICA

IGNORANCE OF ACTION' Counsel then submitted, that in, so doing the Chief Justice had acted and exercised his discretion wrongly on account of the irre- gularity" of the judgment. Under the dircumstances, the respondents, in order to succeed on a summons

of that kind, must show that they had a defence on the merits and other grounds for setting aside the judgment, these grounds being, for example, ignorance of the action or inability to take the necessary steps to defend the case.

Authorities in support of this submission was quoted by Counsel who stated that on account of certain irrégularities in the pro- ecedings it did not necessarily follow that the Judgment must be set aside. He admitted that there was no claim at the time of the

"There has been a number of attempts in America to create issue of the writ, but contended gigantic agricultural enterprises, that before the judgment could be mostly however with a negative set aside, the Chief Justice should result. As a rule they could not have taken the evidence into con- compete with family holding and I think the reason is chiefly the duct of the respondent, because it' sideration and ascertained the con- greater elasticity of labour in the might be that the latter was in the family which is iruch befter

Colony at the time and delibërate-

favourable to his books for reasons best known to himself, because ap- pellant was a debenture holder of

the Company. : »N!!!

JUDGMENT RESERVE

"I am passing through this in- teresting city on an investigation trip through South China, where it is my chief object to study the conditions of Chinese farming. I adaptable to the peculiar condi-ly suffered judgment to make it think it therefore appropriate if I tions of farm work. During the give you a short outline of a sub-agricultural crisis in the United jest to which I devoted many States several large banks had years of studies and research, to take over Indebted faxina. namely the possibilities and limits They tried to combine those of mechanisation in agriculture. family units into "large farming "The last century has seen an enterprises and to run them in. a enormous increase in the develop-business-like way by their own ex- ment of big industries. The ap- plication of the machine is al- most exclusively the cause of this process. This development great- ly cheapened Industrial products and gave the population of the world a large share in the increas- ed production.

perts, but after a short time most cases proved to be failures;:!/

· Mr. d'Almada concluded his sub-" mission by saying that the Chief Justice should have heard the evi- dence. He then might have done

one of the following three things IN SOVIET RUSSIA

(1) set aside the Judgment så "Eussia offers another example.

he did without terms; In Russia the attempt was made (2) set it aside upon terms; or to introduce mechanised large- (3) refuse to set it aside.".... scale agricultural" enterprises, The appeal was not upon whe- chiefly out of theoretical ideas. It ther His Lordship might have ar- was tried to transfer the experien- | rived at the same decision as he "Agriculture did not keep pace ces gained in Russia's young in- did after considering the evidence.

DIFFICULT SITUATION

*

IF

with an iced soda TRY IT

If only every

2

mother knew

Tears cease and baby's pain is toon soothed away with a teaspoonéni of Woodward's Gripe Water. Woodward's checks fermentation and ensures complete digestion. k removes the cause of discomfort in natural way. Woodward's contains no oplates, and is safe to give babies of any age.

WOODWARD'S

GRIPE WATER

KEEPS BABY WELL

Sole Agents W. R. LOXLEY & CO, (CHINA), LTD

The Proven

STOMACH REMEDY for Bad Cases

Amazing evidence of the remarkable speed with which ́ Indigestion. and stomach pains can be stopped has been revealed by medical experimenta and X-ray photographs" of actual cases. These prove the Ingredients of Bien- rated: Magnesia to be the quickest acting and most effective kngyn to medical selence. Wiskin. 5 minadaa a’maamoosisii, Di Marstein, in alleda - wkter produced complete relief, by cases where wunbacione other remedies had failed entiraly. Its Action Explained-

Bingly bibà a teaspoonhil of the powder la a iride watas. The maesent this seoching draught reaches the tortured stomach: de to wwwtes the wor, fermenting diguemd food. The contents of the stomach bacombe 20 bland and soothing an mill en tha samaltire · storsadh Haing. The”, pain quickly lesson and may dartar

·By Sallowing, up 'ting- treatment" alter, anch meble pour benused Kenmare willen seven la tenderness and grow strong, until 196 988 981 whatever you like and

A NOTED ENGLISH BOSTOR

WE SAYS:

**1 And that." Bissautod. Magnosis taken after my meals is the only thing? that, keeps me free from pain and discomfort, and ↑ taka it regplady, I often. prescribe it for my patients, and have

a very good results ***HG. -- MA., M.R.C.S., L.R.CP.

ANOTHER DOCTOR· SAYS:-'

Blourated↑ Magnésia, gives excellent results and is the ideal remedy ži stomach pains, and "cidity particularly recommended for Dyspepsis, Cistritis, Stomach Paina, Platulencs, and even Stomach Ulcers.”

H. L. mum, Faculty of Medicina, Parka.

'BISURATED' Magnesia

qulokest stomach relief known

the sent 'BISMÃQ? und ̧ mark an every packagu

with this development and it will dustry Into those agricultural ex-There was nothing in the Judge's TRUCULENT TAILPIECES

have to be shown. whether periments. They were organised note to show that be considered specialisation and mass production with enormous sacrinces and great the evidence,

Mr. Justice Fraser interposed could be applied to agriculture as energy into gigantic state-farms, easily as to industry, so-called "Sowchos" farms and that there was no compulsion for "Specialisation by rational ex-besides the Individual farm-hold- the Judge to show in his notes ploitation of human labour and ings were organized into collective whether the evidence was consi Introduction of machinery la enterprises, so-called Kolchos dered or not, always difficult, and things cantibt In both cases it was aimed at an After hearing Mr. Sheldon's re- be adjusted in farming ad in in-

enormous increase of production Ply to Mr. D'Almada's submission, dustry as agriculture has to re- by working those gigantic units their Lordships announced that gard the rules of growth and with machinery, However, most judgment would be reserved. rhythm of nature.

of those attempts were fallures. "Agricultural work cannot be The possibilities of mechanisation

standardised and systematised so were much narrower than it was rural family organisation. ́** "This much as industrial. The depen- previously expected" and the dif-organisation is the eternal elixir dence on natural processes, suchficulties were far larger than the of life for the nations. The tech-

advantages.. as rain, draught, structure of the

solt at a given moment compels

THE STURDY CHINESE....

nical progress has to be applied and will be introduced on a yet larger scale in this organisation. but it always has to keep in mind nese people practically outlived all the peculiarities of family farm- may mean a decrease in crops ur other nations for thousands of ing which should never be sacri-

the manager to permanently new "I see only one explanation for decisions, and the sowing of seeds the astonishing fact that the Chi-

a few days too early, or too late

20 to 90 per cent.

years and that in the chinese, ficed to technique."

by

NO QUARTER

AN AMUSING BOOKLET CONTAINING EXTRACTE FROM STRAIGHT FROM THE SHOULDER REPRINTED FROM HONGKONG DAILY PRESA

A SORE SPECIFIC

DESPONDENCY & DYSPEPSIA

PRICE$1.00

NOW ON SALE

HONGKONG DAILY PRESS OFFIOR.

ALL BOOK STORES