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VICTROLAS
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ALLEGED HOUSE- BREAKING.
FRIDAY, AUGUST 19, 1921.
carried a towel when he entered nos a burglary to force open a door the operator's room. He was not which was closed and was not balt- wearing under garments. Witnesa od or barred
and a fellow ticket collector were] Mr. Bratton said in this case it sitting on the doorway of the] was a window,
Is a Theatre a Dwelling? theatre and both saw defendant. Mr. Lindsell, said he could not
INTERESTING LEGAL POINT
DISCUSSED. Before Mr. R. E. Lindsell at the Magistracy yesterday afternoon,
The Magistrate: Defendant ap-diferentiate between the two. It parently passed you when he got seemed quite clear that the window the ladder and went out again. He was not bolted otherwise there placed the ladder against the door would have been damage done to it. Fin front of your nose?
Mr. Bratton segued that the win-| LI Shing was charged with break-was quite close to where he put up it was an offence to force it open in
Witness: I sat near the door. 1
slow was technically closed and that ing into the Tal Yat Cinema the ladder. Theatre in Yaumati-with intent to
commit a felony on the morning
of the 14th. Defendant was formerly employed as a cinema oparator by the Hongkong Amuse meats, Ld, the proprietors of the Tai Yat CiLCIER.
Mr. G. K. Hall Brutton appeared for the prosecution and Mr. F. E. Nash for the defence,
The Magistrata: Did you say anything to him? No because he was my foki,
Were there many people in the street? No.
Not a soul passing to and fro in the street? Yes. Many.
Mr. Lindsell remarked that it was a queer burglary.
order to enter the operator's room. Mr. Lindsell decided to adjourn the case until Monday to consider the point and read through the law. “I take it that your contention that a theatre is a dwelling is opposed to the ordinary rule," asked Mr. Lind sell.
Mr. Brutton replied in the affirma-
The case was adjourned until Monday.
Mr. Brutton asked if his Worship tire. When defendant was first charg-remembered the Supreme Court jed Mr. H. K. Woo (of G. K. Hall burglary in which a man strolled Bratten and Company) opposed openly into the court and removed hail. He admitted that there was the clock.
י
no evidence to support the In reply to Mr. Nash, the ticket! burglary charge and indicated the collector said defendant was the [likelihood of substituting the operator in the theatre on the charge of burglary by a charge of night of the 18th. He did not see committing malicious damage.
Rail of $200 was ultimately granted to defendant.
Yesterday afternoon the Magis trate asked Mr. Brutton if he had copies of the new charge.
him leave the theatre after the show.
Mr. Nash: When you first saw defendant he was coming out from the theatre with the ladder?
Witness: Yes.
·
THE BANQUE INDUSTRIELLE DE CHINE.
French Bank Failure.
REUTERS' DISCLAIMER. The following communication, under date July, 12, was ad-
Where did he come from? He dressed by Reuter's Agency. Mr. Bratten replizu that he had had been sitting with me on the London, to the Times: dropped the charge of committing malicious damage and bad decided Pavement outside the theatre.
Mr. Lindsell: Didn't he tell you proceed with the original who he went into the operator's charg The charge of doing room?
malicious damage was suggested
an alternate charge.
Mr. Lindsell pointed out that Mr. Woo had told him that he had in evidence to support the burglary
charge.
Mr. Nash said that that was his impression.
Mr. Bratton said Mr. Woo had no right to admit that.
The Magistrate: You don't imagine that I should bare granted $200 ball or a charge of enteging. Mr. Brutton?
To the debate in the French Chamber on Friday last on the subject of the failure of the Banque Industrielle de Chine, M. Witness: No.
Briand, the French Prime Minis- Answering further questions,ter, read a series of telegrams witness said he did not ask defen which had bean sent by high dant. He had no idea as to de- officials of the French Ministry fendant's purpose is entering the for Foreign Affairs to the French room. Defendant was wearing a Ambassador at Tokyo, the French pair of slippers.
Legation at Peking, and the at Shang- Hongkong. These
*Cu
and
Mr. Nash's defence was that de-French Consulates fendant went into the operator's hai room to secare bis clothing after telegrams staled that Reuters having a bath in the theatre.
had been carrying on a danger- Another ticket collector gaveous campaign to discredit French interfere financial interests: bad, in its evidence. He did with defendant, because the latter messages to the Far East, an was his foki. There were aine nounced the failure of numerous The original charge was ፦
in the theatre. They French banks; and, finally," bad needed with. At the outset there servants
quarters. put about a rumour of the failure was some discussion as to whether slept in the servant< Section or Section 39 of the Defendant was wearing shoes, but of the Banque Industrielle de he could not describe his clothing. Chine and of the Societe Centrale Larceny Ordinance would be le did not know if the operators des Banques de Province. These more applicable.
French official telegrams, be it understood, were dispatched in the early days of January last--- the exact date is not quoted.
Mr. Brutton remarked that the Ordinance was eximmonditary with regard to its wording.
The Magistrate said it was curious.
had been in the habit of taking a bath in the theatre after work at night; he didn't bathe in the
theatre.
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Mr. Whitaker an employee of)
We beg leave to state that the Hongkong Amusements, Ltd, there is not the smallest justifica- The charge was eventually laid gave evidence as to locking the tion for the charges thus brought under Section 9
operator's room after the show on against Reuters. On no occasion YOUR MONEY and Mr. Sarh painted cut that Sec-the night of the 13th. Everything tinated "entering a dwell-was in order when he and defendant etc. H submitted the left the operator's room. He kept prosent charge was bad because the key of the room. Another ker
theatre could not be regarded¦was in Mr. Stevens' possession. the Banque Industrielle de Chinei
ing."
as dwelling house.
When examined by Mr. Nash, Mr. Lindsell raid he had thought witness said he saw defendant in
that himself.
the operator's room. He was wear Mr. Nach asked for partienkursing a pair of white socks and his to the felony which was intend-singlet was rolled up to his chest. The Magistrate: Did you test Mr. Brutten said it mas larceny the window of the operator's Outlining the facts, Mr. Brutton room? salt that on the early morning of th 14th. defendant was seen todo take a ladder, and put it against
ed to be ecmmitted.
Mr. Whitaker said he saw the win
being bolted, but did not test it. Mr. L. Holloway.another employee
did we telegraph to the Far East anything of the failure of French banks, and the only occasion on which we mentioned the name of was on January 14; when, at the especial formal request of a high official of the French Ministry for Foreign Affairs, we oabled the following, being ourselves en- tirely unaware of the reason why the French Government desired such a dispatch to be fox- warded:-
London, 14.1.21. Rumours failure several French banks notably Banque Industrielle Chine and Societs Centrale des)
1
the window of the operator's room the liongkong Amusements. Id., of the Tai Yat theatre. Hetestified to finding the electric fans Banques Province. officially mounted it and entered the room. in the operator's room ditennerted | declared entirely foundationlers. Defendant had to open a window on the afternoon of the 14th.
The telegram in question, whan
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place where a fair was held was
Mr. Bruttos suuntied that every
in order to secure admittance. At the renclusion of the eviden, it reached the Far East, prodused soliciter to prove that a theatre we, that which was seemingly desir-
dwg
d. It gava currency for the firs: time to a report implying the Industrielle de Chine. We sub- embarrassment of ibe Banque
sequently learned that nothing had been beard in the Far East of this report until the French official denial was published.
We ask your permission to the above facts in publish
dwelling
The operator's room through the same JUST received a large Consignment of (1) LACTOGEN the¦uidow and went down the ladder, cost digestive food for Infants which keeps good in quality during which he subsequently replared Hot Weather: (2) LACTOSE (Milk Sugar for sweetening the foods where he got it. No report was of Infants and Dyspeptics; (3) MILFORD-M:GRATH FLUID made of the acident. On the INSECTICIDE the Best Fluid for destroging Fleas, Mosquitoes, afternoon of the 14th. another
The Magistrate. A caravan. Bugs, Flies and all other Insect Pests in Summer days; and (4) cerator, who went over to the Tai | JOHN CAHILL'S GOLDEN FLEECE, MAGIC and CINDERELLA Yat theatre
Mr. Bratton: Not a raravan or to
that the
A counting house is a deel mvhine, etc..
in proper ware
ing it the servants live there. rder. for the afternoon's per formance, found that the electric this case there were nine servants
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funs in the cperator's room had living in the theatre.
| thaught better of it and came out
again.
ing.
*
-
"HONG KONG EMPORIUM."
GENERAL SMUTS MADE
FORCEFUL APPEAL
Told Sinn Fein He Was Wrong in Fighting the Empire. Hope for peace in Ireland is against our will that we pervades Downing Street after
the interest of truth, and it
♫
to determine.
KENSINGTON SITE FOR LONDON UNIVERSITY.
Holland Park Instead
of Bloomsbury? There is some prospect that London University may not be located in Bloomsbury after all, but that a Kensington site may · be chosen.
At the L.C.C. meating last
bean disconnected. The fans were The Magistrate: They live in the find ourselves obliged to make the report of Geo. Jan C. Smuts. Intact the previous night, when servants' quarters.
declaration which may Premier of South Africa, on his the lock of the operator's room] Mr. Brutton said the
seem to have a bearing upon the meeting with Eamonn de Valera was replaced by a new one in the quarters were in the theatre and muf political affairs of France.
and other Sign Foiners in Dublin presence of defendant. It was der the same to Mr. Brutton en The motive underlying the and the conferences of Mt. Lloyd month the Education Committee alleged that defendant went into phasisert that any place where a la implication to Reuters of news George with Gen. Smuts. Si reported that when decisions were the operator's room at 12.30 am, was held was a dwelling iftheplace which we had never issued and James Graig, Premier for Ulster.come to last autumn for locating on the 14th with the intention of was a permanent one. In this case of which we knew nothing, we Lord Midleton, Bir Hamar Green-the London University behind the removing the fans, but apparently the theatre was a permanent build must leave you and your readers wood, Lord Chancellor Birken-Eritish Museum, on a site of 1176 head, and others, writes a Press acres, it was not known there correspondent.
were 35 acres, forming part of There now. is a belief among Holland Park estate, available at the officials that Mr. de Valera a less price. CHINA AND THE CONFERENCE. will come to the London con-
They therefore recommanded Peking, 5th August.-The inference and take a plan of settle that the Board of Education and After some discussion as to the augural meeting of the Pacific ment back to Dublin. What Gen. the Senate of the University ba that in fact the arcused was in wording of sections 42 and 20 of the Conference Association was held Smuts said to Mr. de Valera and invited to explore the possibilities operator on the night: of the 13th. Larceny Ordinance it was decided to Huang Hei-chuan presiding. An effect was this:
at the Naval Club yesterday. Mr. and the other Sinn Feiners in of the site before farther action over the Bloomsbury proposal Mr. Lindsell: It is not suggest-recall one of the ticket collector with Executive Committee was alect- ** I was once just as determined was taken, ed that anything was stolen? regard to the locality of the ser-ed, with Mr. Yeh Kung-cho sa rebel as any of you. I was out The committee's recommet.da-
Mr. Brutton: No. We don't | vanta' quarters. say he took anything.
Ma Lindell: It is adnutted that defendant was an operator of the theatre a few hours before he
went in.
Mr. Brutton admitted it and said
In reply to the Magistrate, Mr. Brutton said by a fair in this case be meant a place where an exhibition was held.
;J
chairman,
Reaction from this persuasion
and the following for a republic for South Africa. Ition was agreed to. In reply to the Magistrate the members: Messrs. Huang Fen, had taken my stand for it and Chen Chen-haien, Chen Yuan, fought for it and I had just as big Hoang Yen pei, Liang Shib-yi, a jump to swallow in receding Chu Chi-chien, Dr. Wang Chung from that stand as any rebel that must have been satisfactory to but and Dr. C. T. Wang Mr. ever lived. Finally, I was con- Gen. Smuts,for his report to the Hollington K. Tong was elected vinced that I was wrong. South conferees certainly Chief of the Intelligence Bureau African joined the empire and we optimism where pessimism had created The Shaughai Streets Union bas never have been sorry for it. If prevailed before. The officials telegraphed to the U: S. Legation you persist in your present posi-dre extremely reticent. Prams- in Feking expressing appreciation tion nothing les ahead of you ture publicity has spoiled one or at President Harding's invitation but suffering and strife, Do what two other peace efforts in the last for China to participate in the South Africa did and you will few months, but they could not. Pacific Conference,
never regret it
Hide their hopeful expectancy."
Conn' Chow, a ticket collector ticket collector said the servants emplyed at the Tai Yat theatre, quarters were opposite the theatre. bore out Mr. Brutton's statement The servants slept in the theatre in in evidence. Defendant obtained torn by couples erery night. the ladder from the theatre and
lir. Lindsell remarked that p placed it against the door
When examined by Mr. Nash,parently there was no evidence that
the window was forced open. witness said the window of the
Mr. Brutton pointed out that the operator's room was usually bolted from inside. He believed the window was closed......... same measure had been taken on Mr. Lindsell said that on the other the night of the 12th. Defendant hand it had been held that it was
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