1938-02-22 — Page 2

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SENTENCE ON JAPANESE FALSE REPORT OF

MARINER UPHELD

Silksworth Quartermaster To Serve Full 12 Weeks

CLEAR. DELIBERATE ASSAULT

ROBBERY

"Wild Goose Chase"

For Police

WOMAN FINED

AC the Kowloon Magistracy yesterday Mr. K. M. A. Barnett im- posed a ine of $250 on a woman, Kan Kwan, 34, who was charged with having made a false report to the police.

"It is clear that the assault was a serious and deliberate one, which might have had very serious consequences. Indeed, the 13 sault did have consequences so serious that the master felt it in- cumbent upon him to arm himself with a revolver and order the Sub-Inspector W. Armitt said ship to return to Hong Kong" remarked the Chief Justice. Sir Atholl that on Saturday the defendant MacGregor, in the Court of Appeal yesterday when he dismissed. the sent one of her husband'a ashis- appeal by H. Wakisita, Japanese quartermaster, who was sentenced tants to the Mongkok Police Sta to 12 weeks' hard labour by the Hon. Comdr. G. F. Hole, Harbour tion to make a report that an Master, for assaulting A. Sanuki, Third Officer of the sa Šksworth. urmed robbery had occurred at her house in Tung Choi Street. Police Appellant who was not present remainder of the crew went to the enquiries revealed that the report in Court, was represented by Mr.|bridge after the assault was over. has a fabrication, W. A Mackinlay. of Deacons, The incident, he contended, had

The Jewellery whlist Mr. John Whyatt, Assistant nothing whatever to do with the which defendant reported had Attomey General, responded for assault, and no doubt had the sp-been stolen the Crown.

pellant been represented at the cealed in a pillow and in a cup-

card.

and money

was discovered con-

Outlining the appeal. Mr. Mac- proceedings a strenuous objection kinlay said his ellent was convict-as to the admissibility of this piece

Defendant admitted the charge ed on February 2 last before the of evidence would have been made,

and pleaded for leniency aaying Marine Magistrate on a charge of *If the Magistrate allowed him that she was not acquainted with assault and given the maximum self to be influenced into thinking the local law, and that the reason sentence of 12 weeks' Imprison-that it was connected with the can- she had done such a thing was be- ment. Appellant originally plead-duct of the rest of the crew," Mr.

cause her husband had ed not guilty but after evidence | Mackinlay concluded, "then he was stayed out nights. She believed for the prosecution had been given proceeding on a wrong principle." that in doing this, her husband he made statement admitting Responding for the Crown, Mr.might pay more attention to the

Whyatt said that while the first home and not go out so often.

the assault.

affect the principles which a Ma- gistrate was entitled to follow.

The appeal was, Counsel con-ground for the appeal was well to tinued, against the sentence only. be urged it nevertheless did not on the ground that in the circums- tances it was too severe. In the first place, the maximum sentence "It could be done,” ke em- was passed on a man who had no phasised, "and had often been done previous conviction whatsoever. by Magistrate-to impose the Secondly, the nature of the assault maximum sentence on a first of- did not justify the sentence and. fender." finally, it was clear from the re- marks of the Marine Magistrate) that he was influenced by the evidence as to the conduct of the

remainder of the crew.

TWO PHASES

W35

hid after they

TEMPER MORE HOT

The shaking up of appellant, Counsel continued, was far from being provocation. It should have

served him as a warning that he

was dealing with a superior off-

always

His Worship remarked that de fendant should consider herself lucky in not being sent to gaol as the police had spent much time on a "wild goose chase."

SILK STOCKING FRAUD CASE

Defendant Objects To Court Interpreter

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The assault could be divided into cer. two phases, Councel went on. "Be that as it may," he stressed, namely, that appellant first struck "there was an interval, between The Britannia Silk Stockings. the Third Officer with his fists and that shaking and the second aa-fraud case had another lengthy, later attacked him with a steel kault, long enough for him to cool hearing before Mr. R. Edwards at poker. From the dispositions this temper. Instead, his tamper the Central Magistracy yesterday was clear that the Brat incident became more hot, and but for the when it was again adjourned. It was a very minor one, and al-timely assistance of certain mem-will probably be concluded today, though the second

more bers of the crew a grievous 15 Lam Sun, manager of the Shee serious there was a certain amount salt might have been inflicted on Cheong Company, is charged with

ATAMI HOTEL * MEMPEI HOTEL of prevocation, appellant having complainant,"

having obtained $1,377 from the

BEPPU (Kyushu)- been given a good shaking by com- Referring to the third ground, Britannia Silk Store. of China

KARUIZAWA- plainant

been Counsel said that although neither Building, by means of a cheque OEUZENJI (Nikke! MAXI HOTEL: separated.·

ΣΑΤΙΝΕΣ Ημε τον he nor Mr. Mackinlay was present which was later dishonoured. The

-*Mixana HotNz/ If this had not happened, Coun- at the nearing of the case, he had cheque was allegedly for $1.44 FUJI FIVE LAKES sel contended, the second assault instructed that the report

DISTRICT - KAWANA of this including an amount of $70

Fun New Grand would not have arisen, for it was the remarks made by the Magis-which, according to the prosecu- not until after he had been shak-trate just before he passed sen- tion, defendant had borrowed in en that appellant went away and tence was accurate.

cash from complainant.. Mr. B. returned with a steel poker.

With due respect to Mr. Mac- Murjani. manager of the Store, Dealing with the third groundkirilay, however, he doubted very Mr. Murjani 1s represented by that the Magistrate was infuenced much

Magistrate Mr. M. A. da Silva. Mr. J. M. by the evidence as to the conduct would exclude the evidence 'as to D'Olmada Remedios is defending. of the remainder of the crew. the conduct

of the Test of the 'Yesterday, evidence" was given Counsel quoted a report of the pro- crew, even if representations were by an employee of the Hong Kong ceedings in which the Marine Ma-made.

The Magistrate was per- and Shanghal Bank and another gistrate was reported to have said fectly entitled to take into con- of the Banque de L'Indo Chine just before he passed sentence:sideration the grave consequences that defendant had had accounts "Discipline on board the ship seem- of the offence, the adoption of a with them for a short period.. jed to be practically nil. It may threatening attitude by the crew be all right under some flags but and the turning back of the not under the British Flag. ship after some ten hours' steam- looks to be a very near mutiny and ing from the Colony. accused seems to have carried that

nto actual fact......."

STRENUOUS OBJECTION Judging 'from

remarks the quoted, Counsel submitted, it was clear that the Magistrate was in fluenced by the evidence that the

CENTRAL COURT BREVITIES

whether the

In his humble submission, Mr. Whyatt concluded, the sentence of

12 weeks' hard labour was not a day too long

Dismissing the appeal, His Lord- ship ordered that the sentence be dated from the day of the appeal.

GAMING HOUSE KEEPER FINED:

||

doubt

OBJECTS TO INTERPRETER Mr. D'Almada Remedios then submitted he had no case to answer, The Prove beyond reasonable the pretence as laid down in the Indictment. be contended, and attempts by them to prove 3 system of fraud was not relevant

to the case.

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His Worship ruled there was a prima facie case. Defendant then went into the witness-box.

In the course of his evidence he. said he gave complainant the cheque which formed the subject of the charge on December 29, and told him it would not be valid the. next day.

."

For keeping a common gaming houses in Hollywood Road, Chan hard labour was Fong, aged 20, unemployed, was Four weeks'

After Mr. Silve had CYDSS- passed on Li Sul-kong, 32. unem-Aned $25 by Mr. R. Edwards at examined him for some time, de- ployed, when he was charged be- the Central Magistracy jester fendant objected to the interpre- fore Mr. R. A. D. Forrest at Cen- day. tral Magistracy yesterday

ter, saying in broken English that with Fourteen gamblers were arrested he could not understand him well. alding and abetting a juvenile in when the police raided the pre He asked for a speak of the Chul- the larceny of a purse from a man mises, and of these five appeared Connaught Road Central Court and were fined $3 each. on Saturday, near the Yuen On The others had their balla 想我一 Wharf.

treated.

Defendant pleaded not guilty. but was convicted after evidence had been given...

*

For larceny of ten lbs, of lead from Taikoo Dockyard on Satur- day Wong Cho, 29, boiler maker, waa sentenced to three weeks" hard labour. Inspector A. Wright prosecuted.

•

*

Pleading guilty to housebreaking at No. 110 Thompson Road, second floor, and stealing some utensils, Au Nam, 36, unemployed, was given three weeks' hard labour.

•

Appearing on three charges of larceny of electric Attings from houses in Wanchai. Yu Chi. .20, unemployed, was sent to prison for nine weeks with hard labour,

ני

"

STOLE FROM CHILD AT RACE COURSE

Unemployed To Receive Caning

Taking advantage of the crowds inside the Race Course at Happy

chow dialect.

Through the new interpreter Mr. Silva put further questions to defendant in regard to the sys- tem under which he traded with complainant..

The case was then adjourned."

EXPOSED INDECENT

PICTURES

'Fincs of 34 each were imposed on Valley on Baturday Lal Fuk, 28, Chan Fuk, 22, and Yeung Hing, 28, unemployed of Macao, stole a when they were charged before Mr. purse from a small girl. He was R A. D. Forrest at Central Court caught, however, and brought bc- yesterday with exposing indecent fore Mr. R. A. D. Forrest at Cen- pictures in Hollywood Road on tral Magistracy yesterday when he Saturday. The pictures were or- was convicted and remanded 48 dered to be destroyed. hours for medical examination to see if he is fit for a caning.

Yip Ming. 17, was sentenced to three months' imprisonment at appeared on remand charged with the Kowloon Magistracy yesterday Chan Ching, 35, and Bo Yuk-storebreaking in Wanchai. Detec-when he admitted having snatch- sang, 27, were each sentenced to tive-Bergeant J. R. Bentley prose-ed a pair of gold earrings from a six weeks' hard labour when they i cuted.

woman in Nathan Road

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