1938-01-20 — Page 2

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HONG KONG DAILY PRESS, THURSDAY, JANUARY 20, 1938.

MONEY-MAKING BOX

STORY IN COURT

Russian Gaoled For Forgery

WAS CONJURING RESPONSIBLE FOR MYSTERY?

Pleading not guilty to a charge of forgery of a five dollar bank- note by altering the last digit in the number from 6 to 0, the pos- sesion of and uttering the same forged banknote, Nicolai Pavlovich Custare, a 31-year old Russian, stood trial before the Chief Jus- tice, at the Criminal Sessions yesterday.

The jury empanelled for the case were Messrs. J. F. Buckley (foreman), J. M. Pinna, Yuen Wai-yeang, W. Chain, U. M. Omar, J. Krongh-Moe and Joseph Tam Hung.

Mr. John Whyatt, Assistant At- torney General, declared that the person allegedly selected by ac- cused as his victim was a woman named Hui Sik-yuen, realding at Jaffe Road, who owned and managed a barber shop. In John- ston Road.

On October 26 last she was in the shop when accused came in and had a hair-cut. Two days later he returned and, after hav- ing a shave, he asked the woman to go cut to tifin.

BOTTLES OF BEER Apparently wishing to be en good terms with her clients, she agreed and took him to her fat in Jaffe Road. After a short conver- sation on personal matters, ac- cused was handed back $3.40 in change.

The following day accused re- turned to the flat and again asked for beer. this time asking her to get it on account. While drink- Ing. accused was alleged to have said: "Have you got the note I gave you? It is

n bad note. I niade it myself

Continuing. Mr. Whyatt said that accused then asked the wo- man to get the note for him, but she replied that she had mixed it up with other notes.

PROPOSED MARRIAGE

On being told that he could re- cognise it, the woman went to her bedroom to get the money, but not until after she had told her sister to go out to the verandah with a police whistle in case it was a ruse. She took qut a number of notes and laid them on a table. Accused was alleged to have pick- ed up one and sald, he had made it.

Accused called on the woman "again on October 30. By this time their "acquaintance had grown to such an extent that he proposed marriage, and was accepted. In order to impress the woman he was alleged to have suggested that if she wanted to make money she could buy from him a $100 note for $50,

Dealing with reporting the mat- ter to the police, Counsel said: "When accused left, the woman began to think matters over and, fortunately for her, got in touch with a Mr. Mai, who happened to be in the Special Branch at Police Headquarters.

which were two banknotes instead of one. Each of the notes bore the same number, and naturally the woman was impressed.

BICYCLE TRADE

MARK CASE

Machines Made In Japan

JUDGMENT RESERVED

The BS.A. Bicycle trade mark case, which has been the subject of a number of hearings before Mr. R. Edwards at the Central Ma- gistracy, concluded

yesterday, Judgment was reserved.

It will be recalled that the case is one in which Mr. A. J. Raptis, trading as the British Bicycle Com- pany, summoned the Shan Hing Bicycle Company for that they had in their possession for the purpose of trade bicycles to which was applied a mark so nearly re- sembling trade mark No. 69 of 1937 as to be calculated to deceive. Complainant is represented by Mr. G. 8. Hugh-Jones, of Messra Wil- kinson and Grist, and Mr. M. A. da Silva is defending.

"The following day, the woman again saw. Mr. Mui and told him T. Takashima, Assistant Mana- the story, at the same time giving ger of the Tai Fook Company, a him the notes. On November 5, firm which had previously beer. accused called again and asked mentioned as having supplied the her for the notes, She said she bicycles bearing the alleged in- had not got them with her, where- fringing marks to defendants gave upon he told her not to spend evidence yesterday. He said he them in one shop, as they bore the bad been doing business with the same number. He also asked her, defendants for some time and had since she had witnessed the ex-sold them bicycles bearing the periments. for notes of $100, $50 and $10, but did not receive any

CONJURING TRICK? "Meanwhile, Mr. Mul took the notes to the proper authorities and Mr. V. C. Branson, Government Analyst, discovered that the last digit on the number of one of them had been altered from 6 to 0. As a result of this discovery, the Police arrested accused at the Queen's Theatre, where, he was employed.

"Following the arrest, the Police searched accused's premises and found the various articles men- tloned in the experiments, as well

Ma

mark S.S.B. for which they were agents for the manufacturers in Japan. On May 16 ten cases ar- rived in the Colony and were de- ivered to the defendants on July

16.

A little later he received a letter from them about the bicycles, He replied on July 30 and wrote to the manufacturers in Japan but re- ceived no answer from them De. tendant wrote his firm again in September and November.

MADE IN JAPAN Cross-examined witness said" he was not familiar with the B8.A. mark and repeated that the bi-

as certain conjuring parapherna-cycles were made in Japan. Mr. Hugh-Jones also asked questions regarding the receipt of letters from the Shun Hing on various

"The note in question was as good as any sent out by the Bank, but how accused managed to sub- stitute two in place of one I can- not explain. However, in view of the conjuring articles found in his premises, accused must have done It through conjury.

COMPLETE DENIAL "When formally charged, accus- ed made a complete denial, but at the Magistracy had admitted hav- ing swindled the woman, but only because she had asked him to forge money. He further stated he did not forge the note, but had altered something on it to deceive her into thinking he could make money.

Concluding his opening. Mr. Whyatt said: "The mere altering of a genuine note is forgery, and if the statement of the accused in not changed in his defence to-day, gentlemen of the jury, you have no alternative but to find him guilty."

Evidence "corroborating the Crown's opening was given," after which His Lordship addressed the jury who found the accused guilty and Custareff was sentenced to 12 months' hard labour for forgery, nine months' for possession of and onwards she acted on his instruc-forged banknote, the sentences to months for uttering the tions without, of course, the know- ledge of accused.

run concurrently.

"MONEY-MAKING BOX" "She showed him the note at a cate on November Z and from then

"On November 4, accused pald another visit to the flat, bringing with him an attache case, which he described in broken English os a 'money-making”box.”

nine

POLICE REPORTS

While escorting a Chinese who

dates.

COUNSEL'S SUBMISSIONS Mr. Silya emphasised that when the defendant had discovered he was intringing a registered trade mark he had lästructed his Tokis to pack up the case which had been opened and to put aside the whole consignment and not sell any whatsoever.

It had been suggested by the prosecution that it was because the bicycles were of Japanese origin that they had not been sold. He submitted this was not" the reason.

Mr. Suva concluded by saying" that the goods were not in defen- dant's possession for trade,

Mr. Hugh-Jones submitted they were. Defendant had imported them for that purpose.

Continuing, Mr. Hugh-Jones sug- gested that the items in the chit- books exhibited in Court showing the receipt of letters sent by the Shun Hing to the Tai Fook could have been forged.

He concluded by submitting that even if the facts as stated by the defence were true, they still did have the bicycles in their posses- trade; and they were not true... sion for the purpose of sale or

His Worship will deliver judg- ment at 2.30 p.m. to-day.

ACCIDENTAL DEATH

A

"After carefully closing the door,

was arrested for alleged unlawful Messrs. F. A. Broadbridge (fore-. Coroner's Jury, comprising he asked the woman for a $5 note. Possession of pine wood, two fores-man), G. M. Xavier and C. J. M. with which be, began his expert-try guards were attacked by four Pereira, with Mr. R. A. D. Forrest

ments. He put the note in a dish. on which was some liquid, and after leaving it there for some

time, took it out and attached a piece of thin paper to it.

THE PROCESS "Having done so, he produced two pieces of rough paper into which he put the note and thin paper and wrapped them round a small roll, rubbing it with a piece

Hoklos at Talpo Road, Shamshul- pod yesterday. The guards, Pang Kau. and Chow Fat, were waiting for Mr. Everest of the Forestry Department at Talpo Road, when suddenly the four attackers set upon them and managed to en- gineer the escape of their clans- man who was arrested.

Mr. G. C. Moss of the Kowloon

sitting as Coroner, conducted an inquiry at the Central Magistracy yesterday into the circumstances attending the death of Cheung Tung, 25, boatman, whose body was found on North Point on. December 27.

After hearing the evidence the Jury returned a verdict of, ac- cidental death.

Yu Sang, boatman, said de- ceased had gone to Lyemun on the day he met his a party at death. On the return journey to Shaukiwan he was rowing with a man named Lo Cheung when he fell overboard Witness was also rowing at the time and heard cries. Lo Cheung had reported the matter to the people at Lyemun but was not seen again after that. Other witnesses were also called at the party.

of wood. After three or four Fire Brigade Station, reported the minutes be unwrapped them and loss of his car No. 2944 from Sal- took out the thin paper on which. gon Street while it was parked when put to the light, could be there on Monday, while Mr. Grant seen, the facsimile of a banknote. of No. 183 Argyle Street, lost fit .."Accused then produced another tings from his car to the value at dish Into which he poured some

$5 while it was parked at the same yellow liquid. After dabbing the place. note with the liquid, be repeated the first experiment-wrapping the

The body of Tan Yul, a male note. together with pelces of pa- aged about 50, was removed to the per, into the roll. He rolled for Public Mortuary from the steam-who said no drinks had been taken 20 or 30 minutes and then went to ship Ho Sang yesterday. Decess the kitchen. That was the first ed's throat had been cut by a time he was out of sight of the razor, and the wound was ap- woman and, what he did there patently self inflicted. was not known, He came out with a basin full of water and put the roll in it.

"IMPRESSED"

An overcoat valued at $110, be longing to Lieut. B. Poyntz, was stolen from his car No. 2487 while It was parked in Salisbury Road

"At the end of about 15 minutes, he unwrapped the roll, inside of on Monday.

FIRM PARTNER: CHARGED WITH EMBEZZLEMENT ·

Sumis Amounting To $5,000 Involved

Mung Wing-shun, aged 40, managing partner of Batten and Cos of China Building, was brought before Mr. R. A. D: Forrest at the Central Magistracy yester- day charged with embezzlement and conversion, allegedly commit- ted some six years ago.

The charges were: embezzlement by co-partner on May 17, 1932, of $4,000 received by him on behal of Batten and Co. from the Tal Wah Co. and conversion of $1,000 handed him on November 21. 1931 to pay the Mitsubishi Shoj! Kaisha Ltd. Complainant was Mr. Chan Tsze-hung, partner of Batten and Mr. G. K. Hall-Brutton. Company, who was represented by

Mr. Peter Sin, defending, in ask- ing for a light ball. pointed out that defendant's nominal share in the Arm was $15,000 and there. were also accumulated profits. His Worship granted a week's formal remand and fixed ball at $10,000, $4,000 in cash and $5,000 in per- sonal, bond,

EARTH COOLIE CHARGED

Sequel To Handbag Snatching Incident

A remand of 24 hours was order. ed by Mr. R. Edwards at the Cen trai Magistracy yesterday in the case in which Chan Kwal, aged 25, earth coolle, was charged with larceny from the person of Mrs. Lu Chun-sang of a handbag con- taining money and papers to the value of $12 in Des Voeux Road Central.

Detective-Sergeant Soutar sald complainant was standing at the Junction of Des Voeux Road Cen- tral and Queen Victoria Street with her daughter when defendant came, up, snatched her bag, and ran. He was chased and stopped by a Chinese but brake away and ran again, and was finally arrested by an Indian constable. Evidence ta this effect was given by complain- ant, after which His Worship or- dered a remand for medical ex- amination.

LADY'S HANDBAG SNATCHED

Mrs. H. C. Joanille of No. 108. Prince Edward Road, victim of a handbag snatching incident, ap- peared as complainant before Mr. K. M. A. Barnett at the Kowloon Magistracy yesterday when an un- employed man, Hu Sze, aged 20, was charged with the theft. It was alleged that

while Mrs. Joanille was walking along Shang- hai street on Tuesday, defendant approached from behind, snatched the handbag and bolted off. E Sze pleaded not charge and was remanded for 24 Kulity to the

hours,

PORTUGUESE

SUMMONED &

Joseph Gutierres, aged 40, re- siding at No. 218, Nathan Road, was summoned before Mr. H R Butters at the Kowloon Magistracy yesterday with, assault on his wife on January 9. Mr. H. N.. Chau ap- peared for the defence and applied for an adjournment of two weeks which was granted.

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POSSESSION OF PINE TREE

Fung Chung, aged 30, unemploy- ed, appeared before. Mr. H. 'R.. Butters at the Kowloon Magis- tracy yesterday, charged with the. unlawful possession of a pine tree valued at $35, on the hillside above. Taipo Road.

Sub-Inspector G. W. Moreton told the Court that three members of a gang were cutting trees while defendant was engaged in rolling the wood down the hillside.

Fung pleaded guilty and was hned $250 or, in default, three months' imprisonment.

LOCAL ESTATE

Leung Lau Wol Ying, late of No. Eight cases of small-pox, all 21 Shelley Street, second floor, who from Victoria, were reported to dled "Intestate on January 6, 1937, the Hong Kong medical authorities left local estate Sworn under during the 24 hours ended mid- $2,500 Letters of administration night, January 18.

to the estate of the deceased have been granted to Leung Kit Yung. widow," of No. 31 Mosque Street.. second floor.

vious 24 hours was also eight.

The number of cases for the pre- During the same period two diphtheria were also reported.. cases of dysentery and one case of

GAMBLERS PAIL TO ANSWER CHANGES Seventeen, men arrested in a

Street, Aberdeen, falled to appear gambling raid on No. 114. Old

when their names were called be fore Mr. R. A. D. Forrest at the Appearing before Mr. K. M. A Central Magistracy yesterday. The Barnett at the Kowloon Magistracy | Arst defendant, Taul Fuk, aged 31, yesterday on three charges of theft a coal coolle and allegedly the

of medical equipment and clothing keeper of the gaming-house, was from dwellings, Chiu Sau, aged 38, on bail of $25 and the others on unemployed, was remanded for 24 $2 each. A sum of $2.03 picked up hours on the application of the was ordered to be put in the Poor police:

Box

DIVAN RAIDED

A surprise raid by Revenue 4. Shek Ku Leung Road, first floor, officers in an opium" divani at No..

resulted in the appearance of an unemployed, Tsang Yu-lam, 25. before Mr. H. R. Butters at the Kowloon, Magistracy yesterday, charged with unlawful possession of prepared oplum and keeping an oplum divan. He was remanded. for 24 hours on the application of the Revenue Officer JW. M.

Brown.

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