1937-12-23 — Page 2

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HONG KONG DAILY PRESS,

SUMMING-UP “À

MASTERPIECE”

K.C'S Tribute To Mr. Justice Swift

Sir Patrick Hastings," K.C.. re- ferred, in the Court of Appeal recently, to a summing-up by the late Mr. Justice Swift as really a

masterpiece."

Counsel was appearing for Mr. Walter Dunkels, a director of the Diamond Corporation, in the cross- appeals arising out of his dispute with Baron Victor de Stempel, who married Mr. Dunkel's step-daugh- ter.

F

The original action was heard in the King's Bench Division last February. On the baron's claim that Mr. Dunkels had wrongfully procured his dismissal from his employment with Dunkels and Co. diamond brokers, the jury assessed the damages at £6,000, and Mr. Justice Swift entered" Judgment for the baron for that amount.

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The jury also assessed the damages on the baron's claim for slander at £200. Mr. Justice Swift held that the words complained of were not actionable and gave judg- ment for Mr. Dunkels.

The baron appealed against this decision and Mr. Dunkels appealed against the award

£6.000 of

damages.

is

Mr. Norman Birkett, K.C., leading counsel for the baron in the present appeals, the hearing of which was adjourned.

In his reference to Mr. Justice Swift's summing-up. Sir Patrick Hastings said:

"BADGERED BY BOTH SIDES"

"

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DECEMBER 23, 1937.

NOT IN FIT STATE

TO DRIVE

European Fined $100

Thomas Stanley Carruthers, who

the magistrate (Mr. E. G. C. Bar- retty described as not being in a

fit state to drive, was fined $100

There is nothing to be proud of in going round and exploiting charitable-minded people. Here is money which they are perfectly willing to give to a good cause and you are putting it into your pocket

for causing grievous hurt to Mr. by sheer cheating." said Mr. Jus- tice Home at tha Singapore Assizes James Hamilton, wireless operator when he sentenced Leong Seng on the Stalts, Steamship vessel Kim. an English-speaking mar-Kistna by negligent driving. ried Chinese, to rigorous imprison- The accident occurred in Rebin- meat totalling three and-a-baltson Road, Singapore, on July 7. yeurs.

Inspector Goodship said that the racket of soliciting subscriptions which schools, in allegedly for accused was said to have been concerned. had been going on for some considerable period and ex- tended even up country.

Medical evidence revealed that the accused smelt very strongly of alcohol. He was very unsteady on his feet, was excited and did not perform his tests satisfactorily.

"As a result of the accident Mr. Hamilton was in hospital" for 20 days.

The accused, In his defence, said Leong Seng Kim, was found guilty

that Mr. Hamilton suddenly cross- by an unanimous verdict of the

ofed the road and the accident was common jury on indictments dishonestly collecting 5 and $4 unavoidable. The road, was not from a Chinese and a Malay and of giving a forged receipt to the Malay.

His Lordship described the case as "one of the most despicable forras of "offences known."

CHANGING WATER

PIPE SYSTEM

The Water Authority has suffer- ed serious trouble and were put to much expense by the alteration of the water pipe system in the house at No. 545, Nathan Road, "I do not think that I have ever ground floor. The person respon- read a more clear, impartial, can-sible for this was Peter Chan, re- cise and accurate summing-up. It siding at No. 116, Prince Edward as a consequence of is really a masterplace. There is Road, and

summoned before not a single thing in it which I which he was or Mr. Birkett could have criti- Mr. K. Keen at the Kowloon Police Court yesterday for having on cised as misdirection."

"November 7, altered or caused to be Continuing his argument for altered the water service without

the permit and consent Mr. Dunkels, Sir Patrick te-

Water Authority,,: ferred to Mr. Otto Dunkels. his

Defendant's mother appeared cousin. who had employed Baron

on his behalf and informed the de Stempel.

Court that her son had gone up to Hankow to join the Red Cross Units and had no idea how long he would remain there. She added that she had no knowledge of how her son had caused the defects in the water services while repairing the system.

The evidence showed, "declared counsel, that Mr. Otto Dunkels was all along prepared to fight for the

baron.

Then Mr. Louis Oppenheimer. another director of the Corpora- Otto tion, intervened. and Mr. Dunkels. being very worried, asked the baron to give him a written statement referring to the baron's baby son Michael so as to settle all the domestic trouble.

The baron refused, and there- upon Mr. Otto said: "If you will not do this for me I cannot do anything more for you, and I shall get rid of you."

Lord Justice Scott: Your point is that his act was wholly original on his part and that it was his own decision?

of the

Mr. M. J. Abbott, Assistant Crown Solicitor, who represented the Water Authority asked the case to be adjourned until such time when P. Chan would come back to the

Colony.

SENT TO THE

SESSIONS.

Mr. R. Edwards at the Central Ma- gistracy yesterday.

well t

An order was made that the driving licence of the accused be suspended for six months.

Court Inspector Frew conducted the case for the prosecution and Mr. A. J. Brags appeared on behalf of the accused.

The accused had a previous con- viction for a similar offence.

EXPULSION ORDER MADE

Five Americans and two Rus- sians appeared before Mr. R. Ed· wards at the Central Magistracy yesterday charged with breaches or the Passport Ordinance.

In the first case defendants were Frank Streb, 39; Elmer B. Asmus- sen, 34: John R. Agnew. 29; Jack H. Le Beau, 29; and Seymour Schechter, 29. Sergean: Russell, prosecuting said defendants were

members of the crew of thes.9. President Hoover and had arrived in Hong Kong on the 18th. The Dollar Line Company had arrang- ed for their repatriation to United States by the s.s. President McKinley, which sailed on Decem-- ber 20.

the

First defendant 'missed the boat and the others left it as they did not consider the accommodation satisfactory: The Company now regarded the men as deserters but would arrange for them to go home on the ss, President Coo- Edge. sailing on December 31. if the police would see them oft The authorities were not pressing the case, but asked for an expul- sion order.

Convictions were registered and expuls on orders made.

ון

APPARENTLY DESTITUTE In the case of the Russians. A. Sartakoff. aged 35, and M. A. Zakatoff, 29, both were apparently destitute as well as not possessing valid passports. They had come from Canton and had each served a month's imprisonment for get- ting drunk and disorderly. Sergt. Russell asked that an expulsion order be made and they be com. mitted to the House of Detention

This was granted.

Lower Court proceedings in the committal case against So Huen, Sir Patrick: There is no evidence allas So Suen, alias P. C. So, aged of any kind to the contrary.

38, charged with forging a valuable "Poor Otto." continued Bir Patrick security and with 'üttering a forged Hastings, "badgered by these ped-document, were concluded before ple on both sides. was trying to do his best for them all."

"Answering an, observation from

The last hearing had been ad- the Bench, Sir Patrick said that he journed as defendant wished to thought the jury might have con- call ús witness, Lam Chuen-chi, sidered: "Here is, on one side, a

the man who had originally been in the meantime. rich man. and on the other a man

charged with him, and had been. exiled from Russia who has lost discharged. Yesterday Lam des- his wife and business and every-cribed bow defendant had told him. thing."

"Then," said counsel, "the parties had been outside the court trying to settle, and so the jury said: If you cannot settle the case, we will.' They settled it by giving the baron £6,000, which was £1.000 more than he had asked for."

Sir Patrick asked the court to say that there was not a shadow of evidence upon which the baron's action could be maintained.

"Where is there any evidence" he asked, "that Mr. Walter Dunkels, who was prepared to pay £5,000 for the baron to go, wanted Mr. Otto Dunkels to commit a breach of contract?. I suggest there is none at all"

MUI TSAI CHARGE

For keeping Az unregistered mul-tsal, a clerk of the Canton Government, Lo Wing-lin and his wife were each fined $10 by, Mr. K. Keen at the Kowloon Police Court yesterday when they pleaded guilty to the offence.

COMMON ASSAULT

some time near last Chinese New

CHARGE Year, that he needed several hup- dreds or a thousand dollars to pay

Appearing on remand before Mr. accounts with, and how he (Lam) R... A. D. Forrest "at the Central had negotiated the loan with & Magistracy yesterday on charges woman named Tam Shek-sl. He of keeping an unregistered mul- also said he had seen a chop in tsal, ill-treating her, and compon use at the Yee Hop firm. This was assault, Yu Chan, 36, married wo- the official chop and defendant man, was fined $25 on the third had used it on documents which count, the other two being dis- he (witness) had translated for missed. Evidence had been taken him. In addition, he thought there would be another chop in the shop - correspondence chop.

at the previous hearing, and yes- terday Mr. W. M. Brown, defending, submitted that the prosecution bad not proved the complainant was a mul-tsal Money had been given her and there was nothing to show she was of the status alleged.

Mr. H. W. Fraser, of the Becre- tariat for Chinese Affairs, pro- secuted, and defendant was on bail

"BLACK-OUT" SEQUEL

STATEMENTS CONTRADICTED

Under searching cross-examina- tion by Mr. M. J. Abbott, Assistant Crown Solicitor conducting the prosecution, witness contradicted a few statements made by the de- fendant. He had originally spoken through the Court interpreter, but of $250. at the start of; the cross-examina- tion revealed that he knew Eng- lah and thereafter answered ques- tions put him, directly. He was first warned by His Worship that

A summons originating out of a he was not bound to reply to any-

failure to observe "Black-Out" re- thing of an incriminating nature. The mul-tsal, named Ho Hing. Following about an hour's cross-gulations, was called before Mr. R. aged 11, was extremely well-dressed examination of this witness, defen- Edwards at the Central Magistracy and taken care of by the defendant was asked whether he wished yesterday. dant.

2.40

to call any further witnesses, He Inspector H. W Fraser of the replied in the negative and was Secretariat of Chinese Affairs, who committed to stand his trial at the prosecuted said that defendant [ January Criminal Sessions, went voluntarily to the nearest ARABİY police station, and reported the

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Leung Kwok-tung was charged with falling to have all the lights in her residence, No. 22 Lee Tung Street, second floor, shaded be, 'tween 8 and 10 p.m. on December 9, the night of the experimental Defendant pleaded "Black-Out?.

had had all her 'lights that abe shaded with a cigarette tin by 7.50 p.m., but the constable prosecuting stated he saw the light still on at

facts to the, authorities. The that there was nothing that the child was presented to the defen-authorities would like to complain dant by their relative-and they about regarding the treatment of brought her down to Hong Kong the child except that Log, who was on December IT on account of the in the employ of the Canton Gov- present trouble prevailing in Can-ernment, should know the regula-8.25. ton. Mr. Fraser told, the Court tions of the Colony,

A fine of $8 was imposed.

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