1929-07-31 — Page 2

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THE HONGKONG TELEGRAPH..

THE “WHEEL” CASE,

OPERATORS SENTENCED AT

SHANGHAL

Shanghai, July 26, Mr. Carlos Garcia and Mr. G. F. del Valle, convicted operators of "The Wheel," are back in Amoy Road gaol to-day with a one year prison term hanging over them. while counsel for the defence con- centrate their efforts on accuring a nullification of the sentence in the Court of Appeals.

The two Mexican gambling pro- motera yesterday were found guilty as charged, sentenced to one year in prison, and ordered to pay fines of $2,000 each, by Judge John C. H. Wu in Provisional Court. Their period of detention during the trial is to count against the prison sentence in the ratio of two days' detention to one day's im prisonment. In the event that they do not pay their fines, they are to serve additional time to the amount of one day in gaol to each $3 of ponaity, the total sentences In no case to exceed two years

Since Mr. Garcia and Mr. del Valle entered the Amoy Road gao)] on June 27, they already havo served 14 days of their prison terms and the sentence actually amounts is 11 months and 15 days. Should they fail to remit their fines, they would be liable to no more than an additional year each.

Nolice of Appeal.

Notice of appeal against the de- cision of the Court of First In- stance, fled by Dr. 0. Fischer, chief counsel for the defence, is expected to come before the Court of Appeals within the next 10 days, The higher body may approve the sentence, decrease or inercise the punishment, or dismiss the case, according to its judgment of the

evidence.

al

WEDNESDAY, JULY 31. 1929.

LOCALLY BUILT.

A NEW VESSEL LEAVES

FOR SIAM..

Among the list of departures in yesterday's Harbour Office Reports was the 8.5. Naris, which has just been completed by the longkong aid Whampoa Deck Co. Ltd., for the Stam Steam Navigation Co.

A single screw steamer, the Nuris is intended for the Bangkok-Bandon run and was launched on June 8, 1929, She has a gross tonnage of 770 while her nett tonnage in 440. Fitted with electric lights and registered at Dangkok, her dimensions are length 165.8 feet, breadth 36.1 feet and depth 15.7 fest.

Engined by the builders, she is capable of developing 100 N.II.P.

HOTEL TRAGEDY.

HUMAN SACRIFICE TO CALLOUSNESS.

Kuling, July 9.

the

The Lushan Grad Hotel, une of the most prominent Chinese hotels Kuling, which had stood as a landmark near the Gap un mountain. top for over 25 years, collapsed recently during a severe rainstorm, resulting in a large of casualties. Fifteen number persons, including several «chil- dren actually were buried alive, while nine, five women and four men, received serious injuries.

The dead bodies were under- neath the debris for fully three days before they were taken out to be put into coffins and buried, the rescue and relief work being very

of Mr. del Valle's candid confesslow. The tragedy occurred at sion that private gambling had three o'clock on a Friday altor been carried on at "The Wheel" noon, but no effort was made to re- for some time, and second, by the move the ruins and to search for fact that a great quantity of gam It is the general opinion that had the victims until Sunday morning. bling paraphernalia had been dis the rescue work been carried out covered there by the police.

immediately or even several hours after the disaster occurred, st least four lives would have been saved

Judge Wụ punctured the claim of the defence that roulette was unknown to the authors of Chinese gambling statutes and therefore could not come under their scope, by stating that if that were 20, the 18th Amendment of the United States could as easily be nullified by the distillation of an 'hitherto unknown kind of wine,

Conclusive Proof. Returning to the first premise, Judge Wu opineil that Mr. Garcia's proprietorship of "The Wheel" between August 1, 1928 anil Octo- ber 17, 1928

Escape Miraculous.

There were several miraculous escapes, Mr. Lu Shou-ahan, mana- ger of the hotel, was taking his regular afternoon nan in his room on the top floor when the building collapsed and he was caught by a huge rock. The stone, however, only fell on his legs and after con- siderable difficulty he was taken out and removed to the hospital."

Mrs. Feng, an aged. Cantonese had been clearly woman owner of the hotel, was proved by a mass of conclusive if looking out of a window in her circumstantial evidence, The room on the second storey when the lease contracted with the China building gave way. She took n Realty Company, the incriminating leap into the street down below letters found in "The Wheel and it was remarkable that she es- safe, the extravagant consumption saped alive. The others who es- of electricity at 161c Bubbling caped death all occupied rooms on With the gambling accusation

Well Road, and the order books for the top (third) storey of the build- disposed of, Mr. Gareln still is to an equally large quantity of funding.

staffs,

The Lushan Grad Hotel was were, evidence in Judga stand trial on a charge of threa- Wu's mind that Mr. Garcia had situated on Kluklang Road just be- tening an officer in the execution conducted the establishment for low the new road leading to the of his duty. The convicted gamgambling purposes prior to Octo-Gap. For some time, some people, bler is alleged to have threatened to shoot Chief Detective Inspector ber 17, 1928. James A. Quayle when the officer attempted

him with to Herve Provisional Court warrant on the evening of June 19.

with the permission of the Chinese Authorities, had been excavating Proceeding to the second pre-the bill on the roadside above the mise, Judge Wu stated that Mr.hotel and a large quantity of dust Garcia's continued connexion with was dumped to the hill side, form- "The Wheel after October 17,ing an extension of the new rond. 1928 was substantiated by a num-Owing to the continuous down- Mr. Hector Fournier and Mr.ber of points. The fact that Mr. pour the hill began to sink early R. Samas, supposed associates of Garcia still frequented the estah last week and on Friday the road the gambling promoters, are hay lishment, the deleted portions of itself completely gave way, slid- ing their first hearing this after check stub books found on the pre-ing down the hill with such force. noon on similar charges in the Provisional Court. Both the demises, his dealings with trades that it swept the three-storeyed men, and letters recommending | hotel building completely off its fendants are accused of maint-in-the hiring of employes, were taken feet. The kitchen was the first: ing and operating a roulette enabl lishment at 5 Yates Road, while by Judge Wu as convincing proofs part of the building to be knock- Mr. Fournier faces two additional of Mr. Garcia's continued associa-ed down by the falling rocks.

tion with the enterprise. While Recusations: Possessing firearms without a licence and possessing Garcia's name found on the docu- admitting that in no case was Mr. opium smoking paraphernalia.

unol since June 27.

Police Ignore Rescue, Chinese police authorities gave Both have been in the Amoy Roadients, the repeated deletions of an practically no assistance in the Important and the frequent ap-rescue work. All the Administra- pearance of the term "Mr. G.", were tion did was to arrest the contrae- In delivering his judgment, said to be inductive buses of proof tor who was responsible for the Judge Wu amplified, his sentence | in Mr. Garcia's connexion. with a learned and lengthy dis- cussion of the issues in the cand and the réssons which led him to

his decision. Occupying a full two hours of the session, Judge Wu Arst read his Andings in Chinese and then verbalized them in Eng liah.

Evidence Reviewed.

Judge Wu prefaced his remarks with a technical review of the value of circumstantial evidence as com pared to direct evidence. He then stated hat the

revolved case around three premijaca; 1. Did or did not Mr. Garein supply the apartment at 151e Bubbling Well Road for gambling purposes ut any time between August 1, 1928

the

excavation enterprise on the rond Again and again, Judge Wa em-above the hotel, which was the phasized the point that no single direct cause of the tragedy."

A Cantonese restaurant put for- bit of evidence could be construed as proof of the defendants' guilt, ward the sum of $100 and a score but considered as a whole the ease of men were employed for of the prosecution constitutes a work, but before anything was damning structure of conviction done the coolies demanded more against them. Admitting that money and a squabble ensued. The much of the evidence was cireum-result was that nothing was done stuntlal, Judge Wu stated that and the victims remained under- nothing was subject to infallible neath the debris for over proof and that it was reasonable to deduce from the evidence guilt be yond a reasonable doubt.

Active, Sleeping Partners. Concluding his resume of the case, Judge Wu declared that he found Mr Garcia and Mr. del Valle

three dnya,

It was not until Mra. Feng, the

owner of the hotel, who was taken to the hospital after her remark- able escape, agreed to give $100 that the relief work actually began.

The authorities are also blamed. for allowing the contractors to ex- to be on an equal plage in the cavate the hill without proper en- management of "The Wheel." Heineering supervision. The exca refused to consider Mr. del Valle vation was not only a menace

to

and October 17, 19287 2. Did or did not Mr. Garcia retain con- nexion with the premises at 151c as the "scapegoat" and Mr. Garcin the ill-fated hotel but also a dan- Bubbling Well Road after October as his innocent intimate. Therer to all visitors of this popular 17, 19287: 3. Did or did not Mr. former was the active partner in summer resort, who had to use the del Valle supply the apartment at the establishment and the latter new road leading to the Gap. 151c Bubbling Well Road for gam- was the dormant partner, Judge, bling purposes between October Wu said, and they therefore were. 17. 1928 and the date of his arrest? equally culpable before the law.

Proceeding from the simple toi Judge Wu complimented Police the complex, Judge Wa stated that Advocate R. T. Bryan, head of the The third premise had been estab-prosecution forces; Dr. O. Flacher, Hished in the affirmative beyond chief defence counsel, and the reasonable doubt, first, by virtau Municipal police for their handling

SALESMAN ŞAM

OUT TO TH' BALL PARK,KID-AM' WHILE STILL MAKE IT SNAPPY! I'M A BIG

LEAGUM. BALL PLAYER!.

HANGIN OF |AROUND IN.

JACKSON-* VILLE, SAM RECEIVED A LETTER FROM WINTER Johnson TELLING HIM: TO JOIN THE

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of the trial. He said that Mr. Bryan had built up a convincing case under difficult handicaps and that Dr. Fischer had been "as faithful us n dog-not a race track dog" in the interests of his clients,

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