1929-04-11 — Page 7

cd.

EXCITING SCENE IN COURT.

BANK FRAUD CASE TERMINATES.

RANGOON EX-COUNCILLOR IS ACQUITTED.

PROSECUTION FAILS.

Rangoon, Mar. 16..

Jury Constitution.

PROMISSORY NOTE CLAIM.

MR. POTTER ADDRESSES THE CHIEF JUSTICE.

ONUS ON PLAINTIFF.

THURSDAY, APRIL 11, 1929.

THE HONGKONG TELEGRAPH,

KOWLOON CITY OBSTRUCTION.

HOTEL DISASTER SEQUEL.

POLICE

OBSTRUCTED BY FACTORY EMPLOYEES.

SEQUEL IN COURT.

PRATAS ISLAND

RICHES.

PRISON FOR POSSESSION OF CANTON GRANTS CONCESSION

BLANKETS,

TWO MEN SENTENCED.

TO CHINESE.

ANOTHER PROJECT.

The closing stages of the A slight difference of opinion. promissory note action, which is between the police and the em- blankets from the King Edward Gazette) been filled with the Depart The story of the theft of two A petition has (says the Canton being heard before the Chief ployees of the Mee Wah Knitting Justice (Sir Henry Golian) at the Factory of Kowloon City resulted Hotel was told at the Police Court dividual named Chow Chun-lich re- 'ment of Reconstruction by an in- Supreme Court, were entered.upon in the appearance of the Assistant this morning before Major C. Wil-questing permission for the ex- this morning when Mr. Eldon Manager and the Accountant be son, when two men were charged ploitation of the natural resources Potter, K.C., made his final address fore Mr. T. S. Whyte Smith at the to the Court on behalf.of

of Tungaba Islands, otherwise the Kowloon Magistracy this morning. with possession. defence. Lam Ting-on, as head of

known as, Pratas Islands. A pro with causing an obstruction by al-employed in the office of King Ed of activity and a deposit of $1,000 was charged Mr. M. Young, a clerk formerly spectus covering the proposed acope lowing 50 baskets of coal to bo left on the roadway, while the Ass ward Hotel identified the blankets

accompanied the petition. sistant Manager was alleged to as the property of the flotel. He have obstructed an Indian Seranid each of them bore a slight geant in the execution of his duty.

The accountant

"

A crowd of nearly 1,000 at the the King On Tong firm is suing High Court yesterday mobbed Afr. The Hongkong Ma Pak Leung Arm K. Beng Chong, C.1.E., former of druggiats for the recovery of member of the Legislative Coun- $4,698, alleging it to be due under

modifications eil, who was acquitted by a jury a promissory note. This debt is

drawn up by the Department of Re- Many suggestions were made for of the charges of cheating Lloyda denied by the defendants, who say

In the regulations Bank and the Netherlands Bank. that the note was made by the

As soon as the verdict was Fatshan and Canton Ma Pak that he had arrested the Accoun- most of which had, however, been desired being in connexion with the An Indian constable alleged ace of the initials of the Hotel, these islands, the principal changes construction governing work on given there was an outburst of Loung firm which is separate from tant for causing an obstruction, carefully removed... appinuse and then Mr. Beng Chong Hongkong. was surrounded and congratulat

article that required regular sall- Mr. C. G. Alabaster, K.C., to disclose his name. It was pointed that yesterday morning he came called for at least six sailings per

following the man's refusal to ed by his friends,

ings between the islands and Can A plain clothes constable statefton; Swatow and Amoy. This rule Mr. Justice Cunliffe's summing K.C., in for the defendante while been

gether with Mr. Eldon Potter, out that if the man's identity had across the first defendant in month to and from the falands, one up took a little over two hours Mr. F. C. Jenkin is for the plain-would have been

established, and the jury were away for two.

proceedings Queen's Road East with a packet of the reasons underlying the instituted by containing a blanket under his framing of this rule being the de- hours before they returned the

summons in the usual way. verdlet. In the meanwhile the

arm. When asked how he came sire to minimise the risk of starva- Mr, Potter remarked it was a During the course of the man's to be in possession of the blanket. tion to workers on the islands by Court and precincts' wore crowd-case of the utmost gravity because arrest, an Indian Sergeant appear- defendant, with a frightened look ensuring adequate communication his Lordship was asked to make aed on the scene. The latter as on his face, replied that it was with the mainland. The petillener declaration that the Hongkong sisted the eunstable but was inter-[given hin by a man named Yam also proposes to engage natives firm, apparently in the possession fered with by the Assistant Mana-10 to take to West Point to have from the Loochoo. Islands near Mr. Justice Cunliffe, in sum-and his brother, since 1903, was enquire into the trouble.

of the defendant, Ma Chung-yu, ger, who came out of the office to it washed. The constable then ac- Formosa to work as divers for sea ming up explained the relative not in fact their property at all, Assistant Manager caught the Ser-destination and on the way defen-

The companied the defendant to ha products. positions of judge and jury and but was part and parcel of the geant by the tunic and tore a but-dani nimitted that Yam Ho had tion has granted permission to the then went on to say that he sup-other firm carrying on business ton from his coat.

The Department of Reconstruc posed the jury knew that under in Patshan. Counsel added he

stolen the blanket from the King petitioner, and has also consented the Criminal Procedure Code an would submit that nothing but the that one of his fokin who followed could not discover any man by the communications to the extent that The Assistant Manager alleged Edward Hotel, The constable to modify the article concerning accused person who was born of most cogent evidence would induce the parties to the Station saw the name of Yam Ho, but defendant there must be at least four trips a Oriental parents was entitled by the Court to give a judgment of offer himself detach the button directed him to No. 36, Cross month. right to a majority of Orientala in that kind. The onus was abso-at the door of the Station, after Street, where he found another ment of Loochoo islanders this mat the jury, in the same way it was lately and entirely upon the plain he had taken the Assistant Man blanket lying on the bed, which ter has been referred to the Provin As regards the employ lald down that a European necus-tiff to satisfy his Lordship on that ager into the charge room. This, he was told was the property of cial Government for consideration ed was entitled to a majority of it. He would submit that the however, was rebulled by Police e Europeans,

second evidence was one way only, that the Sergeant Armitt who gave evidence men

defendant. Both as the use of aliens is able to give Now his view of that provision Hongkong firm was never a branch that the Indian sergeant did not arrest and taken to the Station.

were then placed of the law was that it was not of the Falshan Him,

under rise to complications in the future. introduced in order that the

leave the charge room after taking Oriental members of the jury

On accused being asked by the

Guano Deposits, might extend undue sympathy to

Remarkable Thing

the prisoners there.

Magistrate if they had anything to an Oriental and the same remark

In both cases his Worship re-ay, the second defendant empha- by the Hip Chai Company for the Another petition has been lodged applied when a European was tried markable thing that the plaintiff countant

Cpanel.commented it was a registered a conviction. The Actically denied the charge and privilege of working the guano de- by a majority of Europeans.

was fined $2 for the asked the police to investigate his posita on the Saisha Islands. The should have come to the Hongkong obstruction while the Assistant character during his six years' petition states that the company lins The reason why the provision Curi, when it had been proved that Manager, who during the course employment with Messrs. Sang been formed with a capital of $300,- was put in was because it was the people actually responsible for of the case admitted that he at-Lee, the contractors engaged in 000 to engage in the fertiliser in- thought that it was better that an the note were functioning in Can-tempted to pull his foki away from removing the debris from the dustry, and accused person should be tried by ton. It was also remarkable that the police, was fined $10.

Hotel.

a royalty of $10,000 Ho a jury who had knowledge of, and not one witness from the Canton

claimed that hie per annum is offored the Govern wore familiar with, the manner of and Fitshan firm had given evi-

character was good and that he ment for the franchise of working An allegation that there was took the blanket out of the these falands. life, the mode of thought

dence to discount the plaintiff's ill-feeling between the and the customs of the people,

two debris of the Hotel after the fire parties because of the "Accounas, a rejected article. whether Oriental or Europieza.

int's refusal to allow the police into the factory, was denied.

Three Essentials,

His Lordship proceeded in deal with the law relating to the sub- jeet and then went on to say that the jury must be satisfied on the wvidence of three things, fratly

||

case.

During the course of his dress

Mr. Eldon Potter said there was Ho reference to the Macao distil- tery 13 the Patahan balance. sheets. The evidence given on the point was read over to show that

statement had been made by a witness to this effect.

REDUCING RUN-GETTING.

The Chief Justice said there was "WISDEN" ON CRICKETS BIG|

PROBLEM.

Mr. Young mentioned that after the fire, many blankets and various articles were atolen,

The Magistrate imposed sentence of one month's Imprisonment on each defendant.

that the accused person had de relved the. Bank Managers by evidence but the meaning of t something which he did, or some-was a matter for argument. Mr.

and Mr. Caine sees three ways of thing he said, or something he Jenkin could argue that only those

tackling the problem: tightening omitted to do; they had to be parts of the balance sheets which Melbourne emphasises the super-height and width of the stumps, and While the trench warfare at up the 1.b.w. rule, increasing the satisfied that the accused deceived had been proved should be con-iority of the hat over the ball on abandoning the artificial prepara- and cheated the bank; secondly sidered, they had to be satisfied that by

the shirt-front wickets down under, tion of wickets, the deceit he practise on the

In conclusion, Mr.. Potter sub-Mr. C. Stewart Caine, in the 1929 It is in the first and last par issue of "Wisden's Almanack," ticularly the last-methods that

This application has been refer- red to the Department of Recon- struction and the authorities of Sun Yat-sen: University for consi- deration as a short time previously there island were delegated to the control of the Agriculture Depart- ment of the University. This In- stitution has sent many expeditions to the islands to carry out surveys of the resources with a view to tak ing direct charge of the working of the guany deposits, and previous have been refused, applications by other merchanta

BRITISH LEGIÓN.

BRANCH,

Bank Manngers he induced themitted that the plaintiff had not gives a timely reminder that over Mr. Caine finds the greatest hope to part with the property of the discharged the onus placed upon here we have our own problem of of salvation, and he scouts the idea Bank and to deliver to him them, saying that on the evidence reducing ran-getting to reasonable that, in the absence of top dressing REPORT OF THE HONGKONG property of the Bank; then they it was impossible to find that the had to be quite certain that they dra was in fnet owned by the Fat-

proportions.

of wickets fast bowling would be were satisfied the Bank Managers shan Chingpo,

He points out that last summer absolutely dangerous, "No doubt, were deceived when they parted with the property, and they had

37 games produced an neregate of really first-rate player, would be there were 414 individual centuries if not on their toes, batsmen might 105 more than the year before), get knocked about a hit, but the to be satisfied that the deceit on the part of the accused was wilful

at least 1,000 runs, and between equal to the situation, as he was of and dishonest. It must be a de-

bad weather and high scoring an earlier generation, mainly the latter--fewer than half The "Almanack," which is brought to a definite issue.

240 county matches were published at 58., honours J. C. White, Ames, Leyland, Duckworth

berate and dishonest action on his part and not the result of a misunderstanding.

Lordship this afternoon when it is Mr. Jenkin is addressing His experied the case will finish.

the

Bank Managers unterstand that ought to have known. that was so. He said that they Everybody agrees that this glut and Staples (S. J.) as the "five

Criticism of run-getting is bad for the game,cricketers of the year."

it

had been levelled on the point that Maungers to put such delivery

was the duty of the Banki

might think that when people gave on enquiry. The jury loans they ought to make them- selves acquainted with the securi ty, hut the fact that they did not make enquiry, and that they relied as the accused, did not mean any- on a man of such high reputation thing against them.

Dealing with the evidence, his Lordship stated that Mr. Boerboom, the Manager of the Netherlands Bank, Ead broken down completely in cross-examina orilera tion, and he thought the jury was entitled to disregard his evidence, Mr. Doherty, of Lloyds Bank, bad, however, stabd his ground under the very severe cross-examination of an experienced lawyer and had stuck to his story that the delivery orders represented ready rice, that they were so represented by the accused, and that it was on that representation that the overdraft had been. allowed.

Hongkong Bank's Chorge.

whether they believed the story of The jury he sold had to consiiler

Mr. Doherty that when the de- livery orders were deposited necused represented them to cover rendy rice, or whether there had

His Lordship next commented been a misunderstanding about on the fact that the Hongkung what the delivery orders really and Shanghai Bank had had to stood four owing to muddleheaded- drop out as a complainant, on the ness on the part of the accused. charge of cheating, owing to a

technicality as to dhte, and went|

on to any that the evidenco of Mr.

་

"Stupki Little Man,"

►

Clever

Rickett, the Agent of the Bank, He did not seem to his Lordship was admissable on the ground to be a very clever man. that it showed the conduct of the men did not become insolvent for accused on or about the time when a crore of rupees. Men might be the cheating was alleged to have unfortunate but they would not taken place. He also pointed out loss over a crore of rupees and that Mr. Rickett had also adhered eat80 the disappearance of

to his statement that the accused thousands of rupees all over had led him to believe that the Burma. He was a stupid little

dellvery orders represented ready man, he said, and the jury had rice.

enrefully to consider whether a mistake had been made through his stupidity, or whether he was as much a knavo ne'a fool and had deliberately deceived the Banks through falke representations,

Accused's Defence. Accused's defence was that the Bank Managers know that the orders did not represent ready rice and that they really represented Their decision however must be an undertaking on the part of the beyond all reasonable doubt. millors to give him rice whenever

The Jury brought, in 5 unani-

he wanted it. His Lordship, mous verdiet of "not guilty" on the pointed out that though that was first charge and à divided verdict. accused's case he had not attempt of 8-1, also "not guilty" on the ed to show that he had made the second charge.

PRODUCER: I don't want to ses the rest. It won't make any difference what you've got for an encore.

to be submitted to the members at kong branch of the British Legion The annual report of the Hong-

the eighth annual general meeting to be held in Messrs. Jardine, Ma theson's Board Room, at 5.15 p.m.: on Thursday, April 18th, states:

The amount expended on

"relief work during the year was $2,005.50. Passages were provided for two men, temporary keep paid and fin- ancial assistance granted in other cases. Nine cases were assisted in all Apart from this, $500 was donated to "The Poppy Day" Fund,

The Legion is now a member of the General Charities Organisa. tion which has been formed to pre vent the duplicating of assistance and it has been found of great help when investigating cases.

During the vear an appeal was made on behalf of the Earl Memor- ial Homes and the response from members and others resulted in the sum of £37.19 7 being sent home.

The usual "Poppy Day" drive was organised and was quite successful, £1747. 4. b being forwarded to the Headquarters of the appeal,

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AT THE

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NATHAN RD, KOWLOON;

officer, Ichzar, has gone chief en gineer officer, Shengking. Mr. D. C. Sinclair, chief engineer officer, Sheng- king, has gone chief engineer officer, Wanliu,

LATEST PROMOTIONS AND Mr. G. E. Kerr, third engineer

TRANSFERS,

officer, Changchow, is on rOGETED, Mr. M. Scott, from reserve, has gone third edgineer officer, Changchow.

Captain J. D. Fraser, from

Our thanks are due to Mr. V. B. serve, has gone master, Kingyuan, Cornaby (Hon. Sec.) Mr. J. Korr Captain D. II. Martin, of the King- Shaw (Hon. Treas.) and their Sub-yuan, is on reserve.

Mr. H. A. Morrison, chief engineer committee and to the many others

officer, Wantung, is on Home leave. Mr. R. 8, Sinclair, chief who assisted.

Mr. F. Kelly, ascond officer, Shan-officer, Kinting, has gono chief on

engincer tung, has gone second officer, Kwang-gineer officer, Wantung. Mr. G. W. Our funds have been main-chow, talned. by the

Clark, from roserve, has gone chlof annual in- terest from the late Sir Paul Fatahan, has gone second officer,

Mr. J. W. Bennett, second officer, engineer officer, Klating. Chater'a

fund and a

Captain E. V. Bishop, of the Chak-

generous Kwelchew, Mr, F. J. Griffiths, from donation from the Hongkong Jockey reserve, has gone second oflcer, Fal-g, has gone master, Hangrang, Club to whom we are most grateful, shan. Mr. D. Buchanan, second

I

Mr, J. Moodie, chief officer, Took on reservo. Mr. A. 1. Oemond, from rosarya; has gone chief officer, 'Fookzang,-

The income from members' annual officer, Kwełchow, has resigned from sang, is subscriptions shows a further de- the C. N. Co. cline and Wo again all to do their to Introduce

to

It

new

:

appeal Mr. A. C. Lemercier, second en utmost gineer officer, Bhuntion, has gone) Captain W. Gibb, Indo-China 8. N. members, second engineer officer, Whangpu. Co., is on Home leave. is also unfortunate to Mr. E. C. Fitzpatrick, second'engineer|| note that many members still in the officer, Whangpu, is on reserve.

Mr. A. Woodley, chief officer, Colony have overlooked the pay-

Katwo, Las коло chiof officer, Mr. H. L. Elliott, third engineer Slangwe,, ment of their subscriptions. It is officer, Wantung has always difficult to collect small sums engineer officer, Whangpu.

gone third

Mr. F. Kerslake, from reserve, has and a prompt reply to the yearly re- minder sent out by the Hon. Mr. W. Wishart, from reserve, has Mr. J. Findlater, second engineer gono second engineer officer, Yosang. Treasurer would be of great asals- gone chler engineer officer, Ichang. oflcer, Yusang, is

Mr. 3. A. Anderson, chief engineer Shipping and Engineering. tance to him.

011

· Teserve,--