1937-09-21 — Page 2

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HONG KONG DAILY PRESS, TUESDAY, SEPTEMBER 21, 1937.

CRIMINAL

SESSIONS

Gaol Term For Chinese Clerk

Sentence of 16 months" hard labour was passed by the Pulsne Judge Mr. Justice R. E. Lindsell, at the Criminal Sessions yester- day on L Min-sang. 30-year-old clerk, when he pleaded guilty" to four charges of obtaining goods by false pretences from the Deutsche Farben Handels-Gesellschaft. Wal- bel and Company.

The charges were: (1) on Do.. cember 27. 1935, obtained six tins of antine dye valued at $96.70; (2) on June 10, 1936, obtained nine tins of aniline dye valued at $129.- 70; (3) on October 12, 1936 obtain- ed ten tins of aniline dre valued at $145.20, and.. (4) on February 10 this year, obtained 25 tins of ant- lipe dye valued at $323.50, all of which were purported to be for the Lee Wing On Company, of Wuchow.

Mr. M. J. Abbott, Assistant Crown Solicitor who prosecuted, said that defendant was employed as a clerk by the Arm and held a position of considerable trust and importance. Other matters relat- ing to the fraud could have been Included in the indictment..

ASSAULT CHARGE Found guilty to a charge of as- sault with intent to rob, Chu Fük was sentenced to two years' hard labour by Mr. Justice Lindsell.

The jury empanelled for the case were Messrs. R. H. Chalilnor (foreman), 8. F. d'Aquino, Chan Su Yuen, Mak On Tal, E. B. da Roza, A. A. Andrews, and H. G. Mancell.

CHINESE REVENUE

OFFICERS CHARGED

With Alleged Robbery In Cheung Chau

Stressing the point that the crime of robbery was a serious one, particularly in the case where two of the accused were Revenue Officers, Mr. John Whyatt, Assistant Attorney General, in the course of his opening address for the Crown, declared that it was a matter of grave concern not only to the victim but also to every member of the community. If these men abused their trust.

The trial which commenced before the Chief Justice, Sir Atholl MacGregor, at the Criminal Sessions yesterday, concerns an alleged illegal rald on a fishing junk by two Chinese Revenue Officers (Yuen Fuk, Ho Fuk-sin) and three other men "(Leung Tsat. Leung Mul, Chan Yau-ching) who are charged with "rob- bing Mak Fuk-wah "of $1,000 in Cheung Chau on June 25.

which were a number of blg wads of notes, amounting to over $1,100.

· ",

The accused were represented by the Hon. Mr. Leo D'Almada, Jnr.. instructed by Mr. H. A, de 3. Botelho.

The Jury empanelled for the case are Messrs. H. E. Foy" (fore- man). H. Farnud, A. A. Botelho, w. S. Hillier, Fung Shiu-tsol, G. H. M. Bodiker and A. F. Ferreira.

CROWN "CASE

Opening for the Crown. Mr. Whyatt said that the first and second accused were Revenue Officers entrusted with consider- able powers to administer the revenue laws of the Colony. Third prisoner was an ex-employee of the victim, having left in September last year, while the fourth used to purchase fish from the junk. Fifth accused was employed as a cook by the first and second prisoners. at $3 a month.

First and second accused had been stationed in Cheung Chan since March this year, but prior to that no Revenue Officer had ac- tually been stationed there," the practice of the Imports and Ex- ports Department having been to direct revenue operations in. fourCheung Chau from the head-

quarters here.

Mr. M. J. Abbott, Assistant Crown Solicitor, prosecuted.

BREACH OF DEPORTATION ORDER Pleading guilty to a charge of returning to the Colony after banishment, Wong Ming, ployed, was sentenced to years' hard labour by Mr. tice Lindsell, Prisoner previous convictions.

unem.

Jus had 11

FRAUD FOUND

OUT

Woman Sent To Prison

LA Tsan. a "Chinese woman, on July 11, ordered some tinned goods to the value of $56.61 from Cheung Fuk-yu without making any pay- ment. On September 17 she made another similar attempt, but she was found out.

She was brought before Mr. W. Schofield yesterday at the Central | Magistracy charged on two counts of obtaining goods by trickery. After the plea of guilty was ac- cepted, Sergeant Bentley said that on September 17, the defendant, accompanied by an amah and a

..

...p

The victim of the robbery was a junk master, who lived with his family on board. He earned his living by fishing, and on the morn- ing of June 28 anchored his junk off Cheung Chau with about $400 worth of fish which he caught off Lintin Island.

In the afternoon of the day in question, the master was resting in the hold, when he heard strange voices. On getting up he saw five strangers on board. First accused. approached him, revealed his identity as a Revenue Officer, and

stated that he wanted to search the junk. He did not, however, actually do the searching, but stood at the entrance to the hold and asked second and third pri- Eoners to go down and searen They opened a cupboard, inside of

PRISONER'S DEATH

PROBED

Mr. H. Barrett, Chief Warden. Victoria Jail, said that the de- ceased was sentenced to a term of ave months' imprisonment with hard labour on July 29 last.

On August 19 he was transfered to the Hong Kong Prison, Stanley, where he stayed till September 12, and was then admitted to the Gov- ernment Civil Hospital The de- ceased died on September 18, at 11.45 a.m.

Chinese male went into a shop An inquest into the circum- (No. 1 Sing Wo Street) and order-stances surrounding the death of ed goods. The male engaged a Tsang Kam. a prisoner. whose coolle to carry them to No. 7, Ken- death was due to primary cholera, nedy Street.

was heard yesterday at the Central At this stage the male disap- Magistracy when Mr. W. Schofield peared and when the goods “ar-

sat as coroner assisted by a jury rived at the given address the de-

comprising: Messrs. J. K. Ross, fendant hade the excuse that her

(foreman) A. R. H. Butcher and D. husband was out and had taken

A. Webb. all the money with him. A little later she suggested that the amah should go to No. 23 King Kwong Street to make a loan from one of her friends. Meanwhile the defen- dunt ordered the coolle to take, the goods to No. 135 Johnston Road. When the coolie who had carried the goods for the defen- dant left her, he was seen by the complainant, who inquired of the place where the goods were de- livered. The coolle told him and they both went to Johnston Road but found that the defendant had made a futher step and that she had disappeared. A report was made to the police and, after a careful day of tracing It was found that she had moved to Percival Street. Before being arrested the defendant sold the articles to Mah To.. When arrested she was questioned about a previous lar- ceny of the same kind which she admitted. At this stage the ma- gistrate remarked' that she came to Hong Kong especially to swin dle. When asked if she had any money, Bergeant Bentley stated that she had in her possession $18. In passing sentence on the de- fendant his Worship made her pay the $18 to the buyer of the goods for which he had paid $19. and sentenced her to twelve weeks hard labour on the two charges and to be banished at the expira- tion of her prison term. ́.

Dr. G. Ingram Shaw, Medical Officer-In-Charge of Prisons and the Infectious Disease Hospital, in evidence stated that the deceased was first seen by him on July 30, and his condition then was very poor, suffering from chronic tuber- culosis, chronic oplum polsoning and his weight was 85 pounds. On Sept. 12 he was again seen at Stanley, suffering from suspected cholera. A diagnosis was made of the case while the patient was in Government’Civil Hospital and the post-mortem revealed that death was due to primary cholera, heart disease and chronic tuberculosis.

Dr. Shaw further remarked that the cholera had practically clearea up but the deceased had such a

weak system that he could mot

TOCOVER.

**

The Jury returned a verdict of "Death by natural causes."

VICTIM HANDCUFFED In the meantime, first accused who had been standing at the entrance, had come down to the hold and on seeing the money said to the master: "$2,000." He pro- duced a pair of handcuffs and re- peated the demand. The master stated that he had not broken the law, whereupon first prisoner bandcuffed him by the right wrist. Eventually, $1,000 was hand- ed to the men, who then left.

After they had gone ashore, the master and his son did'not raise a hue and cry, and this was quite understandable when one consider- ed that they were compelled to pay the money to representatives of the law.

About 7 p.m.; first accused went alone to the Chan Kwok Kee shop, where he asked the master to keep for him parcel, which later revealed to contain the bank-notes.

Next morning. the son of the victim and a cousin went ashore for the purpose of finding out if any of the accused had left for Hong Kong by the Cheung Chau ferry. They did not see any of them, and then went to a shop- keeper to whom they told what had happened.

The son of the shop-keeper later took them to the Police interpreter, through whom the master Was brought to the attention of the Police. On Information' received. all accused were arrested within an

hour.

When formally charged, first ac- cused admitted having searched the junk with four others, but dented having taken the money Second accused stated that he was. not armed, while the third declared that he knew nothing of the $1,000, The fourth had nothing to say, and the Arth, while admitting he boarded the junk, denied that he partielpated in the serah.

After evidence was given the hearing was adjourned till 10 a.m. to-day.

SEVERN LEIGH -

CASE ENDS

Accused Acquitted

The crew of the British freighter Severn Leigh; charged with im- peding the progress of the ship's voyage to Japan by refusing to sali without a war bonus, were acquitted by the Acting Harbour Master, Hon. Cmdr. J. B. Newill, at the Marine Court yesterday.

The defendants were: E. Holling- worth, second Engineer; H. Stein- man, a German; and M. Paredas, D Crowden, E. Power, F. Treyavian, A Macdonald, R. Reaimond. E Burgess, R. Lambert,

Stanley

Eames, William Matthews, F. Davies and E. Todd, E. O. Gantoa, James, Bassey, Joseph Davies, John Todd Davies, James Ialah, J. Chiku, Dixon Jones, John Stephens, and Coxon Ayama.

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The prosecution contended that there was not the slightest danger fendants considered that they were of the Severn Leigh being bombed or otherwise attacked." Naval In-

asked to face hardships and take telligence had not warned the ship, templated when they signed on. risks which they had never con-

of possible dangers on the voyage," { The men were not justlßed in the opinions they held, Mr. R. M. King declared.

"The whole attitude of the crew is cloaked under a principle of not assisting an aggressor nation. In reality, it is used to exploit the situation," said Mr. King.

They would have been willing to do this for their own country, but to ask them to do it for a country for which they felt no sympathy was too much.

ASSAULT CHARGE

The case against Joaquin Maria Gutierres, who was arrested by Detective Inspector R. Cunningham”. and brought Mz. E Himsworth yesterday at the Kowloon Magis- tracy, on a charge of assaulting, a female, Bo Shui Moi at midnight Mr. Strellett concluded by saying September 18 was remanded till there was no criminal guilt on the 11.30 s.. to-day. His Worship men at all, they had acted as they granted ball in the sum of $100. did because they had grounds of great justification, in their opinion.

i.

"I ask that for the protection of this master and masters of other

His Worship acquitted the men, The crew, were then advised to ships that all the men be sent to

saying he had been much impress- go back to their ship and leaye prison for an adequate termi.”||

ed by the letter, which had been the question of the bonus to be Mr. D. L Strellett, for the de- respectfully written and presented.decided later fence, expressed a hope that the The men had obeyed every order. Though the whole crew returned. political aspect of the situation be given to them, and it was possible to the Severn Leigh, after Court, understood in the proper perspec- that had the Captain ordered them it is believed that the majority wil tive. It was clear that the de- to sail, they would have done so. ask to be paid off.