1913-11-25 — Page 5

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CRIMINAL SESSIONS,

The Kwangtung Bank Note’Lase.

In the Supreme Court, this morning before bis Honour Mr. Justice Gompez (Puiano Judge) the case was continued in, which Ma Yuk-fou aud Ma Kwan were obarged on two counts with being in unlawful possession of proper- ty stolen abroad. The property- in question is 12,500 Kwangtung bank notes of a face value of $5 or at tal value of $62,500.

THE HONGKONG TELEGRAPH, TUESDAY NOVEMBER 25, 1913,

SPECIAL CABLES.

THE UNREST IN SHANGHAI,

DAIRY FARM NEWS.

ANOTHER CASE OF ATTEMPTED ASSASSINATION.

ít

{Prom, Our Own Correspondent.)

Shanghai. Received Nov. 25.

There was another case of attempted assassination last evening, close to the Settlement boundary.

Four men fired at an unknown Chinese, who was woun led in the sade. He refused to give information to the police, and was later sent to hopsital.

The Crown was represented by the Attorney General (Hon. Mr J. A. Buckvill), Mr E. H. Sharp, K ̊C. and Mr Eldon Pitter, who were instructed by Mr. J. H. uch koowledge as would be re- Kemp (Crown Solicitor) and Mr. quired if the priser hd actail F. B. L. Bowley. Mr A. W. Slade.een the alleged property stulen." K.O., instructed by Mr G. K. Hali was prepared to ay that in ment Bratton, appeared for the acoused, poing the care how uld dis-show what the crime was in legal clée all the circumstances of the language, whether larceny, falno The following transpired yes-that--he did not mean to say pretences embezzlement, fraudu tering afternoon.

the person who stole them; that was unnecessary.

His Lordship.Can you give your friend particulare?

Mr Sharp-If ton words will suffice, corti ly.

Mr Slade-Ten words will not do. I want it in writing.

Mr Sharp:-I will disol all the circumstances in opening my Cone.

Stolen sace.

may mean

Mr. Sharp submit'eil that the indictment was absolutely correct and that they could not be called upon to add to it in any way. The Attorney General had first of all followed the exact words of the section as nearly as they could be followed with the necessary altor ation. The word "stolen" in their indictment was used as it was in paralled indictments at

His Lorship:-I think there is Home; it was used in the ardjuary sence in which the word "stolen" something in Mr Slade's griev- was need. Certainly there was a definition and he should say that anything at all, and be wants to that would rather assist the case know what you really mean, what than otherwise, but for the gu--you are lying upon.

Mr Sha p said it was not even pose of the Crown he did know that it was necessary. The own EcoREBIy to prove the nature of the pita al fonce sok ng as a definition in it of what wan meant by stolen, so that if jury were satisfied that the pri- there was any question at all they poner believed the property had found it in the indictment itself. been stolen or dishonestly obtain Mr Slade interposed, remarking ed. Ile could not put it more that the form of indictment given trengly than that

Пін in Archbold and approved by Lord Alverstone was stated, as "Laken, stolen, and carried away," which was quite a different thing tolain "stolen," which covered all sorts of things.

His Lordship (to Mr Sharp):- You have to prove guilty know ledge of something.

31

obtained" must

Lordship: "Distonestly

limitation here.

have

Some

Mr. Sharp: I think your Lord- hip should not assume that the

word is used in any unusual sense, and we certainly say that it is not We are using the word,

for as I understand the laug nage, in a most ordinary tenas.

4

Mr Sharp said the points they His Lordehip: Supposing the were entitled to prove under the Government of Canton had been seotion wore, (1) That prisoners deprived of these roles in such a had the notos in their possession, manner as the person in primo (2) That the notes were stolen was not committing any offence outside the colony-stolen by under English law? anybody not by the prisonere, Mr Sharp said it was perfectly of course, (3) That the prisoners clear that the offence was the knew the notes were stolen-as eame under Chinese law. The to what time they know it, be object of the see too was to remove submitted that that was quite im the necessity for proving Chinese material. Primon facie, gramma- law. The theft was a theft if it tically, he took i that the mean win a theft under English law. ing was that if they knew at the It was not necessary for him to time they were found with the particularite the principal offence. notes in their pos-ession that It did not matter if it was taken,' those notes were stolen, thor rxtorted, obtained, embezzled, game within that action

converted, or core by under any Hia Lordship: Your evidence ther circumstances, as under the must be directed to a certain state Home decisions it was sufficient of facts. I may say I am. LOL

if he picked ont one of those familiar with the depositions or words and said "That covers my

Le facts You must establish case."

Mr. Peter took the same lie. st me conclusion that the bank notes were taken in some larcen-nd argued that the law was. ous way or in a way that comes clear that they did not have to prove the ex ct nature of the under the section.

Mr Sharp: Where they came principle offence-a fortiori if they did not have to prove the from, what they ware, is very fu ly dealt with in the evidence exact niture of the principal that has been given on the offence, they did not have to

furnish particulare. depositions.

Mr. Slate said the Crown were B ferring to Halsbury (p. 681) Mr Sharp read: "Ia in indict relying upon a sort of smother of ment for stealing, and receiving mirresent fin and suggestion, it lea goods, it must be alleged that if things were done under these and proved that the netu ed, at eircom-finces there must be some the time he received the goods, dishonesty somewhere and, there- knew that, they were stolen or fore, these men were guilty, Itonly obtained." le showed the Court how important dishonestly thought the Crown would satisfy it was that, for the sake of fair bia Lordship and the jury pretty play towards the two youngsters exactly as to how and when in the dock, the Crown should these goods, were stolen. It was be compelled to give particulare zot necessary that the prisoner in this caso. He submitted that should know the exact nature of the law set up by his learned the offence nor that his know-friends was hopelessly wrong. ledge should amount ton certainty, Vague suggestions of general it was sufficient that the jury dishonesty were not sufficient, should be satisfied that the men and there must be an allegation believed the property to have of a precise crime. been stolen or dishonestly obtain His Lordship: The jury would

have to find dishonest taking,

ed.

In answer to bie Lordship Mr Slade said in the first inst arce there must be an amend- of the indictment to

lent conversion, larceny by baileo, or any one of the numerone crimes covered by the definition in sub section 2. The Crown might add alternative counts but he (Mr. Slude) had got his right to object| In them.

His Lordship said Le rather thought that some specific orime should be allegod.

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Mr. Sharp said if the Crown had to file alternative counte under every Oce of these words and his friend was going to try them one by oue, the Court would have to sit, not only til (h-istmas but well on in the deal about how these notes were next year.

Thoy knew a good stolen, and though the particulars HIGH they were in a position to give were very meagre they were all that were required.

Mr Slade seid, he did not nek the Crown for anything more than they could fairly give, and he only desired a precise statement. It was not a device on the part of the

(Continued on Page 1

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Auctioneer.

THE Undersigned has received instructions to sell by Public Auction on

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Hongkong, 25th Nov., 1913. [1042 Brand

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THE Steamship having arrived from the above "GREGORY APCAR."- ports, consignees of cargo are Capt., J. E. Drake, will be dea- the 2nd December 1913, com-hereby informed that their goods patched for the above ports, on Mr. Slade said they were the Mr. Blade: Exactly, but we cases which referred to receiving want to know what art of mencing at 5 p.m. at his will be de ivered from alongside. Friday, the 28th inst, at 1 p.m.

Sales Rooms, Duddell Street; Cargo impeding the discharge The Steamer has superior ac- Collection of Valuable of the vessel will be landed at commodation for passengers, is stolen goods stoles in thec.antry, dishonest taking. When we have.

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