1928-08-04 — Page 2

JUST ARRIVED

A

VERY BIG ASSORTMENT

SUMMER HATS

IN LATEST MODELS INCLUDING CRINOLINES

ELITE STYLES

A.P.C. BUILDING,

PHONE C. 2432

ALLSOPP'S BEER

BRITISH PILSENER

The best Drink under the Sun.

Sote Agents

CALDBECK, MACGREGOR & CO., LTD. Incorporated moler the Rongkong Companies' Ordinmenys 1911-1815.; Telephono C. 75. Prince's Building (Ground floor.)

KELVINATOR

AUTOMATIC ELECTRIC REFRIGERATORS

Shipment of New Models

Just Received.

INSPECTION INVITED

Reiss, Massey & Co., Ltd.

Exchange Building (4th floor)·

Telephone

Avoid colds

By tiang SCOTT'S

Emulsion which pro

motee the strength

to resist coughs,

chills, colds, influenza and all bronchial aflections. Ask for

SCOTT'S Emulsion

The protector of life

Central 673.

BONBON

IS STILL

AMONG

THE MISSING,

AND HIS

OVIHER, SAM

HOWDY,

ISN'T

MISSING

ANY

CHANCE.S

"TRYINGS

TO

FIND

HIMS

THE HONGKONG TELEGRAPH,

SATURDAY, AUGUST 4, 1928.

INDECENCY CASE APPEAL

BREACH OF IDENTIFICATION. PARADE RULES.

THE SENTENCE QUASHED.

Chung Yee-fan's appeal against the sentence of one month's Imprisonment with hard labour, passed by Major C. Willson for Indecent exposure in Kennedy Road before Mrs. Len and Mrs. Leppard, has succeeded, judgment being delivered in his favour by the Chief Justice, (Sir Henry Gollan), and the Pulsne Judge, (Mr. Justice Jacks), in the Court of Appeal yesterday afternoon. Their Lordships came to the conclusion that the Crown had not proved the case beyond all, reasonable doubt and therefore Chung Yee-fan was given the benefit of the doubt and discharged, Major Willson's decision being reversed.

Chung Yee-fan was representep Lea asking him whether the cyclò by Mr. F. C. Jenkin, instructed by wan his, the latter said that it was Mr. F. H. Lonely, of Messrs. Lee not and disappeared up MacDon- and Huss, while Mr. Somerset nell Road. Fitzroy was for the Crown.

the

The ladies had therefore an op- portunity of seeing the man: (a) When he first passed them on his eyele going East along Kennedy Road; and (b) when he passed

Only one judgment was delivered, being read by Sir Henry Gollan, Mr. Justice Jucks signifying his concurrence at the conclusion.

Sir Henry Gollan said: them on foot after leaning hie Діво of this in

rehearing. Acyclp against the railings, case in which, Major Willson, (c) while he stood opposite the Police Magistrate, convicted the lamp, and (d) when they saw him appellant of having publicly ex-going up MacDonnell Road and posed his person in Kennedy Rond Mr. Lea asked him if the cycle was with intent to insult two ladies and bis. sentenced him to one month's im-I prisonment with hard labour.

Police Arrive.

There was no dispote as, to the] Within two hours of the accur offence charged having been com- rence sub-Inspector Smith, Sergt. mitted on the occasion and at the Flattery, and Li Chau, a detective, place named in the charge, but it appeared on the scene in consc- was strongly argued on behalf ofquence of a telephone the appellant that he had not been identified beyond reasonable doubt as the person who had in fact com- mitted it.

Case for Crown.

|

message sent by Mr. Lea to the Central Police Station.

OUR GENUINE

SUMMER

SALE

OF

LADIES'

HATS,

Lane Crawford Ltd

WEAR

HOSE,

SHOES,

FROCKS,

RAINCOATS,

Commences:

&c., &c.

TUESDAY, AUGUST 7th.

BIG REDUCTIONS.

the Ent.

got a view of his full face; though, as she explained, this last view lamp committing the offence she

was not a very prolonged, one in the circumstances.

They first of all went to the place where the eyele had been left, and brought it to the steps leading down to the Leas' quar The case for the prosecution was lers, and then Smith and Flattery that on May 21, 1928, at about 7.30 went down to the quarters, leaving p.m. two ladies, Mrs. Len and Mra, LA Chan, in charge of the cycle. According to Sergt. Flattery the Leppard, were walking West along Kennedy Road to their houses in description then given by the two the Military Married Quarters, and ladies, talking together, was that had almost reached the place the man who committed the offenes where MacDonnell Road joins was "short, thick-set, looked like Kennedy Road, when they noticed a Japanese and was wearing gai- a man on a motor-cycle riding ters and on cross-examination. down MacDonnell Road into Ken-he definitely stated that this was. nedy Road. He passed them going the total of the description given East but very shortly afterwards by them. The two ladies used the the ladies again heard the cycle. word "gaiters," as did Sergt. Flat- and looking back, they saw, the tery, when they gave evidence be- rider dismount a few yards to the fore the Police Magistrate, but East of the Junction of Kennedy before this Cobrt the Indias said and MacDonnell Roada, and lean that they did not mean gaiters in the cycle on some railings on the the ordinary meaning of the word, North side of the road opposite abut mackintosh overalls, and Flat by said that he understood the house called "The Hermitage."

The story is that this man pars-avo ladies, from the deseription

Defendant, when man. It was dark at the time and ed them, and went along a few they gave, to mean overalls, I can ant approaching the cycle from pearance and build that is the

witness box, In the

I could not see his faco clearly." gave yards until he came to a lamp on anderstand the mistake in the use

When giving evidence before this the South side, of the rond, stood of the word by the ladies, but it

Before us she expressed herself on the opposite side of the road seems remarkable that though the an explanation of this somewhat to the lamp was and there com-sergeant must know what gaiters curious fact with which I will deal Court she stated she could not ex-

the cycle had been left near the the parade, but that she must have very emphatically as being in a mitted the offence charged; and really are, and says he understood later; but it will be observed that actly remember what she said at the ladies' passed him and had the from the ladies that they were in

Before this Court she If she had met him in the street, nell Roads and the fact of the case recorded.. opportunity of getting a clear view act referring to overalls, that ha junction of Kennedy and MacDon- said something similar to what is position to recognise the offender of hin. Hut in the circumstances should have persisted, in the us would lead one to expect that the used a different form of words, but the words taken down by As man who left the cycle there would She said "I saw the outline, apsistant Superintendent Kent are alleged it is not surprising to of the word "gaiters" before the

down MacDonnell pearance and features of the man certainly not emphatic.

It now becomes necessary to learn that they did not look at him Police Magistrate.

Mrs. Les and Mrs. Leppard both have walked

consider the circumstances under elosely. And here I should like to

Lady's Description. which this particular identification observe that I consider that Mrs. Any that they told Sergt. Flattery Road when in search of the cycle, and recognised him."

Identification Parade. Lea and Mrs. Leppard have shown that the man was wearing a white

'Next morning-May 22, 1928 In cross-examination, she saida parade was held. great and commendable publle spirit shirt, but with this statement the

Parade Criticised, In coming forward to give evidence sergeant disagrees.

-at about 11 am, there was an that by "outline" she meant "build" on a charge so disagreeable as the

Owner of Cycle.

identification parade held by As and that by "uppearance" she also that by and

Identification parados present,

andsistant Superintendent, Kent at meant "build;" When Sub-Insp. Smith Sergt. Flattery left the Lea's quar- which the two ladies distinctly say "build" she meant that the offen sarily play a large part in police Just after the ladies had passed ters and returned to the spot where that they identified defendant with der was thick-set. By "features" procedure, and, if held under pro- hair. She went on to explain that very, valuable evidence. But it is. the man, Mrs. Lea heard the voice they had left Li Chau in charge of out hesitation as the man who had she said she meant face, none and per safeguards, may, and do, furnish Assistant Superintendent Kent when the offender passed her obvious that they are capable of of her little girl in the large com the cycle, they found defendant committed the offence.

took down what Mrs. Lea and Mrs. twice on foot as has been describ-inducing very serious miscarriages pound in which her quarters are there. He claimed the bicycle as situated on the North side of his, and was dressed in a fawn Leppard said in the presence and ed, she got a view of his side face, of justice. It is for that reason

(Continued on' Page 14.)'. Kennedy Road, and looking over coloured palm beach coat, khaki

Mra. Lea is the railings saw her husband and shirt, and grey trousers, but Flat-hearing of defendant when they and that when he was opposite the called to him to come up.

stated to have said "From the Theory says he had neither hat nor identified the latter.

tie, compound is below the level of

According to the evidence of Li bulld and appearance of the sus

I did not see! Kennedy Road, and anyone deair-

his face." ing to get to the road must walk Chat, defendant had come along peet, he is the man.

Kennedy Road from the East and along a path and then mount some had claimed the cycle as his but

In cross-examination, Mrs. Lea

steps.

Immediately Mrs. Lea called to had been told to await the arrival said that by the words "build and her husband, the man ran off East of the European Officers. Li Chau Appearance" she meant the same along, Kennedy Road, and, when also said that he had first seen de- thing, Le, that the man she saw sct. She further admitted that) walked to the spot where the cycle when the latter was about 60 feet there were on parade two or three Mr. Len found the ladies they fendant coming from the East committing the offence was thick- had been left. They stood a short away.

It is to be observed that neither other men who were also thick-set; time there and then noticed a man walking up MacDonnell Road,efore the Police Magistrate nor but she maintained that she recog Mrs. Leppard is recorded as who had ridden the cycle and mix-any questions bearing on his state- having said "I think from the ap whom the ladies say was the man in this Court was Li Chau naked nised defendant as the offender. conducted himself, but on Mrs. Iment that he had first seen defend-

SALESMAN ŞAM

Ran Away,

WELL, GUZZ,I'M GOIN' OUT AGAIN "TA SEE IF I CAN LOCATE BONBON ci

ASSORTED

COFFEE! 4 BAKED BEANS

НОРЕЧА НАЧЕ

BETTER LUCK THIS

TIME,

SAM =

I

Sir

"Ah, Ha! A Cine!

OH BOY!! GOTTA CLUE! I'LL BETCHA THIS HORSESHOE BE- LONGS TA BONBON I KNEW I'D BE "TH ONE TA FIND

KIM =

0

AN' YA THINK You've FOUND OUR NAG JEST BECAUSE YA PICKED UP.. A HORSESHOE? WELL, I'M ASKIN' YA HÓW IN HECK YOU'RE GONNA PROVE ITS BONBON'S

SHOE'?

DEPS

The Wonderful Remedy. for Throats Chest Troubles

OH, THATS EASY, GUZZ-

By Small

HERE - JUST SEE IF

TH' SHOE FITS WHERE

BONBON LAST, KICKED ME!

FHINGLES

FACE

ON THE House

neces-

L.P. 10

I