1937-10-02 — Page 2

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Take

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HONG KONG DAILY PRESS, SATURDAY, OCTOBER 2, 1937.

MAJOR IS

DISCHARGED

Unanimous Verdict Returned

ac-

P. AND O. CELEBRATE

CENTENARY

(Continued from Page 2)

BEAUTIFUL SETTING The ship was dressed 'and the in- terlor decorations of Bags and vari- bunting and innumerable coloured lights against the hack- Victorin ground of the lights of made a most beautiful setting.

Harry Richard Major, Revenue Officer, who, following his quittal of the charge of allegedly receiving a bribe of $200 was re- arraigned before the Chief Justice, Sir Atholl MacGregor. yesterday on a charge of accepting a bribe

All those who attended, and there of 5-10 from Ho Wing on board the were many notabilities including 8.3. Fatshan on July 10, 1937. He His Excellency the Omeer Ad- the ministering the Government, Mr. was again acquitted when jury, after a retirement of about N. L. Smith, Mrs. und Miss Judith time. an enjoyable 15 minutes, returned a unanimous Smith, had verdict of not guilty.

One can pay no greater compli- ment in this respect than to say of the hospitality was Mr. that the

traditional P., and O, variety, and the courtesy of the Judging by

Mr. M. J. Abbott conducted the prosecution whilst the Hon: Leo D'Almada. Jnr.. Instructed by Mr. D. B. Evans, of Messrs. John- ston, Stokes and Master, appeared for the defendant.

The following jurors were em- panelled for the case:-Messrs. A. Webster (foreman), K. T. Kan. A J. Castro, E., A. Figureiredo. H. F. Gonsalves, G. W. Carr, Y. Abbas.

ACCOMPLICE'S EVIDENCE Leung Chol, C.R.O. 110, admitted by the prosecution to be an ac- complice, testified that on the morning in question he boarded the s.s. Fatshan with accused. As he was going up. the gangway In the steerage, he saw two baskets in front of a fruit stall. He tested the, weight of the baskets, and while doing so a passenger, Kwan Yu came up and calmed them as his, at the same time saying they contained wolfram ore.

Accused appeared later and on be- Ing told of the matter stated that he wanted $50 bail. Kwan Yu then offered $10 to accused as "tea money." Accused replied he want- ed $10, and this was agreed upon after some discussion. Witness was told by accused to receive the money on his behalf. He did, and later handed the money to accus-

ed.

Coun-

MASS OF CONTRADICTIONS

Mr. D'Almada made a submis- sion to the effect that there was no case to go to the jury. sel contended that the charge be- ing one of accepting a bribe. the Crown had chosen to prove its case by the evidence of an accom- complice who was uncorroborated in any respect. From that point of view, assuming that the case would zo before the jury. His Lordship would undoubtedly exer- cise his discretion in advising them not to convict,

The evidence of C.R.O. 110 and that of the ether witnesses for the prosecution was a mass of con-. tradictions; further what C.R.O. 110 now stated was contradictory to what he had said at the Magis- tracy. At best on the uncorro-

borated evidence of an accomplice the jury must be warned of the danger to convict, but when an ae- complice contradicted himself, His Lordship must be entitled to apply the same test as justice would ap- ply in a committal offence and ask himself if prima facle case had been made out.

If that test was applied, the an- swer would be that the case could not go before the jury because of the numerous contradictions and because of the fact that C.R.O. 110 and Li Kal were accomplices. An- other aspect. which he would sub- mit with some healtancy, was that it would be difficult Indeed to get the jury to dismiss from their minds anything they might hav heard or read of the previous case. ORDEAL OF ACCUSED

His Lordship replied that such an argument could not be put for ward, whereupon Mr. D'Almada

withdrew it.

Counsel then went on to say that the Crown had, before the opening or the case, frankly ad- mitted they had a witness who could not be relied upon. Under

hosts and the volume and quality of the refreshments, it is certain that the P. and O. made many new friends yesterday.

The following is a list of quests who received invitations to the 'party-

THE GUESTS

Amongst the guests were His Excellency The Officer 'Adminis tering the Government. Mrs. and Miss Smith and party. His Excel- lency Major-General A. W. Bar- tholomew. CB., C.M.G., C.B.E.. D.S.O. and Mrs. Bartholomew, The Right Reverend H. Valtorta, His Honour. Sir Atholl MacGregor, "Kt.. and Lady MacGregor, The Hon Mr. R. A. C. North and Mrs. North, Herr H. Gipperich, Consul-General for Germany. Marchese G. Pagano di Melito, Consul-General for Italy and Marchesa Pagano di Mellto. Mr. K. Mizusawa. Consul-General for Japan, Mr. Howard Donovan Acting Consul-General for United States of America and Mrs. Dono- van. Monsieur A. Cadol. Consel for France, and Mrs. -Cadol, Commo- dore E. B. C. Dicken, O.BE, D.S.C. and Mrs. Dicken. The Hon. Mr. C. G. Alabaster, K.O., O.B.E.. Mrs. and Miss Alabaster. The Hon Mr. R. A. D. Forrest and Mrs. Forrest, The Hon, Mr. Sidney Calne and Mrs. Caine, The Hon. Mr. R. M. Henderson and Mrs. Henderson, The Hon. Mr. T. H. King. Mrs. King and the Misses King. The Hon. J. B. Newl, D.S.O., R.N.

Retd.) and Mrs. Newill, The Hon. Dr. D. J. Valentine, M.C., and Mrs. Valentine, The Hon. Mr. E. H. Williams. The Hon. Sir Henry Fol-

JAPANESE STOWAWAY

A Japanese, Tor! Harna, aged 20. appeared before Mr. S.F. Balfour yesterday at the Central Magis- tracy charged with stowing away

on the s.s. Nollsement on Sept. 30 from Japan to Hong Kong, A further charge of, entering the a passport was Colony without Imposed.

The defendant pleaded gulity stating that he wanted to go to Shanghai to join the Army. A sentence of two weeks' hard labour was imposed on each charge." «An expulsion order will be issued at the expiration of his prison term.

to

Messrs. Elizalde & Co. regret announce the death of their Principal, Mr. J. J. Elizalde, which occurred in Manila on 1st October. 1937."

on the ship's manifest, and the compradore stated that the ore probably belonged to the stall fokls as the quantity was so small -30 lbs. As a result of what the compradore had stated, he warned, the stall holder not to do it again otherwise he would be arrested.

He did not see C.O.R. 110 on the circumstances, the only effect board and did not receive any him. What C.R.O would be, if the case came before money from

110 had stated was absolutely les the jury, to prolong the ordeal and

He did not demand money from. suspense of the accused.

Mr. Abbott remarked that even ¦ anyone, though His Lordship had the right On June 25, Chlet Preventive to exercise his discretion in advis- Officer Buller spoke to him about ing the jury not to convict, it was the slackness of the Chinese re- within the province of the jury to venue officers, as a result whier disregard that advice and register he took mures to satzen them a conviction Under the circum-up. The two Chinese acers whe stances, the case should be brought showed most hack in thel before the jury.

work were C.R.Os and 110. His Lordship declared that he Questioned by Mr. Abbott, ac- was unable to hold now that there cused stated that he exercised his was no direct evidence against ac-discretion in allowing the ore to cused, and therefore there was a leave the ship. He did not con- case to go to the jury.

sider this was contrary to his In the witness box, accused tes duties, as he had gathered from tified that on the morning in ques- conversations with other officers tion he was standing near the searching table on the wharf when the .. Fatshan arrived. CR.Os. 110 and 70 were with hira.

ACCUSED'S EVIDENCE

►

that it was a common practice among them to exercise their dis- cretion in regard to small quanti- tles of unmanifested cargo..

After His Lordship had summed

Near the frult stall, C.R.O. 70 up, the jury returned à unanimous drew his attention to two bags of verdict of hot guilty, and accused wolfram ore. The cargo was not! was allowed to go.

lock, K., K.C, and Lady Pollock, The Hon. Sir Shou-son Chow, Kt.. LL.D., The Hon. Mr. J. J. Paterson and Mrs. Paterson. The Hon. Dr. R. H. Kotewall, C.MG. and the Misses Kotewall, H's Honour. Mr. Justice Lindsell and Mrs. Lindsell, The Hon. Mr. Chau Tsun-nin, The Hon. Mr. M. K. Lo and Mrs. Lo. The Hon. Mr. Leo D'Almada e Castro and Mrs. D'Almada € Castro. The Hon. Dr. Shu-fan and Mrs. Li Shu-fan, The Hon. Mr. Edgar Davidson and Mrs, Davidson Sir William Hornell, Kt, CIE. LL.D.. Sir Vandeleur Grayburn, KL. Sir Robert Ho Tung. Kt, and Lady Ho Tung. Brigadier H. G. Seth-Smith. D.S.O., Brigadier F. W. L Bissett, D.S.O., M.C., Dr. Ts'o Seen-wan, C.B.E, LL.D., Mr. J. P. Braga, OBE, Mr. J. R. Masson. Mr. and Mrs. G. S. Archbutt. Mr. and Mrs. W. F. Aradt, Dr. J. W. Anderson, Mr. and Mrs. B. O. Andresen, Mr. and Mrs. F. Austin, Mr. H. Arías, Miss A. Alexander, Chev. J. M Alves and Madame Alves. Mr. T. W. Archer, Mr. and Mrs. M. J. Abbott, Mr. and Mrs. L. R. Andrewes, Com- mander and Mrs. C. D. Arbuthnot, Mr. D. W. K: Au. Lieut. Cöl, R. C. B. Anderson. Mr. J. C. Annis, Mr. and Mrs. Arnulphy, Mr and Mrs. A. S. Abbott, Mr. A. el Arculli, Mr. Au Shu Chó, MT BỈ, An Annett

·Mr. and Mrs. J. K. Bousfield, Mr. and Mrs. J. T. Bagram, Dr. H. Balean. Mr. T. H. G. Brayield. Mr. G. C. Burnett, Mr. and Mrs. C. C. Black. Mr. and Mrs. J. W. Bundred. Mr. and Mrs. K. Begdon, Mr. L. C. F. Bellamy, Captain and Mrs. R. W. Bateman, Mr. and Mrs. C. B. Brown. Mr. D. Benson, Mr. and Mrs. E C. Belbin, Mr. C. Buhler, Mr. A. C. I. Bowker, Mr. and Mrs. F. L. Ball. Mr. and Mrs. C. Blaker, Mr. and Mrs. L Brereton, Mr. and Mrs. V. C; Bran- son. Mr. Blair, Col. and Mrs. A. Burrowes. Col. H. H.. Blake, O.B.E.. M.B. and Mrs. 'Blake, Rev. H. W. Baines. Rey. C. Brown and Mrs. Brown, Wing Commander A. G. Bishop. Mr. and Mrs. D. H. Blake, Col. V. R. Bodiker, Mr. and Mrs. H. T. Barma, Mr. A. W. Brown, Mr.

(Continued on Page, 10.)

NOW

"A WEALTH

of HEALTH"

to

"I mean press with all my heart that your Kalzana has given' wonderful results in my little girl, who. was ailing for some time,

5

writes a grateful mother.

If your

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Give your children Kalzana tablets or powder for a few weeks and you will soon see the difference in their health. It strengthens the cells of blood, body and nerves, increases the power of resistance and makes bones strong, and teeth white and healthy.

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