1930-01-11 — Page 2

HUMOROUS RECORD SUCCESSES Columbia

New procede RECORDS

HUMOROUS SKETCH

9829 THE 'OLE IN THE ROAD" By

G. ORAVES (Tife Man In thE HOLE) AND M. CLIFFON (THE DUDE)

The Anderson Music Co., Ltd.

COOK'S

AND

WAGONS

THE HONGKONG TELEGRAPH.

FORGED BANKNOTE

CASE ENDS.

MAGISTRATE SATISFIED THAT POLICE BEAT ACCUSED, ·

PROSECUTION FAILS.

Two main features emerged from the final hearing of the Chartered Bank forged notes ease. at the Central Magistracy, yeater day afternoon. The first was that the confession alleged to have been made by the neeused was unacceptable because it was not made voluntarily but after he had been hit; and the second was that in weighing the probabilities, the Bench found there was genuine doubt as to whether or not, the accused had possessed the forged

which ended before Mr. Grantham,

notes.

SATURDAY, JANUARY 11, 1930.

SILVER WEDDING.

PRESENTATION TO MR, AND

`MRS. MAKEHAM.

1.

fendant or that they touched him, though their evidence does not al- Logether agroe. Where it chiefly disagreed was whether Sergeant Kennedy was prozent with the de- fendant all the time. The Sergeant said he was there for about 15 minutes, sometime between 4 and Twenty-five years of married 4.30 p.m. when he then cross-quca- happiness enjoyed by Mr. C. Make- tioned the defendant, The District ham, one of the oldest and respect Watchman said that the Sergeant od members of the staff of the was there all the time up to 6.30 Hongkong Dairy Farm, Co., Ltd.,; p.m. and the detective, on being and his wife, Mrs. Makcham, was recalled, after hearing the evidence marked yesterday afternoon by a of the D.W., also and that Sergeant pleasant little function In Mesars. Kennedy was there the whole time, Lane, Crawford's Restaurant, when

doubt very much the evidence of the staff of the Dairy Farm Ice and these three witnesses, and I must Cold Storage Co., Ltd, met to con- accept in the main the defendant's gratulate Mr. & Mrs. Makeham, evidence on that point. Not only wish them continued happiness, have the prosecution falled to good health and long life, and bo prove that the statement was made present to them some tangible ex- voluntarily, but the defence, has pression of their esteem and respect. Tea was fist enjoyed by the proved that the accused was assault- ed in the detective's office. As to large gathering, after which Mr. whether it was the constable, the A. Stevenson, the geniul and popular detective or Sergeant Kennedy who manager of the firm, made the pre- commitled the assault it cannot sentation, which took the form of a The accused, a foki of the Leebe established and it is not ro- very handsome inlaid art tea table and a silver rose-bowl, both suit- Lee Fung Hang firm, at Bonhan levant to the present case." Strand, who was charged with the

ably inscribed. In performing this duty, Mr. Stevenson said they were possession and uttering of six

In his address on behalf of the met together on a memorable day, forged Chartered Bank notes, each defence, Mr. Leo D'Almada, Jur., namely to celebrate the 25th an- of a facial value of $500. was referred to what he regarded as niversary of Mr. and Mrs. Mako- therefore discharged, after a trinl two main features in the case, the ham's wedding. Mr. Stevenson which had occupied eight sitting, first being that the accused, al made some humorous references. Lo After the defence had intimated though he had the opportunity of the early days when he and Mr. that they had concluded their evi decamping on being released after Makeham shared bachelora' rooma dence, Mr. Grantham said he had to the first arrest, had chosen to stay and said he was a "bit of a lad" in consider the admissibility or other-where he was; and the second being those days: Ile (Mr. Makcham) wise of the statements made by the that the evidence of the prosecu-had been a fine colleague and an

Defenco Arguments;

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on the cliarge sheet. mass of contraditions, although it the staff, he would like to wish both

had necessarily to agree on the main points,

was a well known and old established, principle, that a statement by a de- fendant could only be admissible if it was given voluntarily, which meant that it was not made under any, pressure, either by threat or promise held out to him. "Clearly then this statement that Sergeant Kennedy took from the accused after he had been taken out of the house was no confession. Now the confession had not only got to be voluntary, but it was for the pro secution to prove that it was made voluntarily, It was not for the defence to make out that it was anything but a voluntary state ment. He was of the opinion that the statement was not voluntary, and therefore must be rejected.

Mild Form of Torture. "Now he to the evidence of the accused: He says that he was beaten on various occasions by the detective, Sergeant Kennedy and others. He says that he was beaten with a ruler on the knees and legs whilst squatting down, and he says that he was punched over the chest. He also says that he was beaten continuously, before he went out at

Mr. and Mrs, Makeham, every joy, good health and long life and the hope that they would be lucky enough to celebrate their golden wedding 25 years hence. (Ap- plause).

Counsel perceived in the whole story of the prescention, from the start to the close of the case, an attempt to keep something back, that being indicated at one point in acknowledging the gift, Mr. where Au Yeung Yule-fai, one of Makeham said how very much both the witnesses for the prosecution, he and his wife appreciated the testified that he did not know of great kindness shown them. They these forged Chartered Bank notes had broth had a very happy Hfe dur- being extensively on the marketing the last 25 years, and if there when in point of fact, it was were any bachelors there who said established that the matter was that a young fellow could not afford common knowledge with the Nam to marry, he would like to tell Pak Hong merchants and when he them that one could save a great himself did not take more than a deal more when in double harness few minutes to find that the notes than when single, and also lead o handed into his own firm, the Shiu far happier and contented' life, On Wing, were alan forgeries. provided they had the right kind Counsel spoke of the difficulties of wife, on which everything de- which he himself had encountered pended. He would once again like when handling a genuine Chartered to say how much they appreciated Bank note, as showing the great the kindness of the staff. Until care with which these notes were then he had, senrcely realised how being handled these days. He sur-many friends he had among the gested that the complainants had re stuff of the Company (applause). ceived them from another quarter in the course of the day's business,

LTD.30 pm, and again after he had re- to palm it on to a scapegoat, in this

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and finding their mistake later, he visited, and that and at the first opportunity sought strongest point against him. Otherwise it was merely a case of turned from his fruitless search. He can the unfortunato accused. believing either the defendant'a or Counsel went on to deal with complainant's story. It was for snys that it was exceedingly pain- fut and that those statements were various nspects of the case, the prosecution to prove beyond rea- extorted from him. The principal | reiterating that if the accused had sonable doubt that the defendant witness for the defence, Dr. Cannon,been so dishonestly inclined, he had those notes. The balance of Corroborated him, although a great could, with the many opportunities | probabilities were not sufficient. If Ideal of the medical evidence was he had previously had, have decamp- there was a genuine doubt as to hypothetical. One thing he was ed with a very much bigger som whether the defendant did or did certain of in his evidence was that than that involved in the cases At not have those notes, then he was the accused equld not have come by the very least, accused could. have entitled to be discharged, and in his injuries by falling down or by

so distributed the forged notes, if this case he was of the opinion that hitting himself. He also said the be had them, in such a way as to there was a genuine doubt and the nature of the bruises on the knees have averted the risk attending on accused would be discharged. rather looked as though he was hit the palming of all alx notes at.one whilst in a crouching position. He time and on the same person. They also suggested that those bruises ad heard, Counsel commented, of The Un-Wisdom Of Delay. a man being either a fool or a rogue, but this was the first time Counsel had heard of a fool and a rogue enmblued in one.

of the

With many people delay, even of a day, to evacuate" the body's waste disturba and distresses the whole system, and to all such Pinkettes, the gentle, non-habit- forming, dainty little laxatives, are the surest and best safeguard of physical well-being.

and wounds on the knees would have been caused by the accused being hit with a round hard object in the nature of the ruler which they had in Court last time, whilst the bruises on the chest suggest- ed that the man had been hit with a fist. There was also one important point and that was the position of The bruises on the knees. They were on the outside of the knees on what the doctor termed the fibula, which went to show that the defendant was not hit just any how across the knees, but there must have been different blows on ench knee, and it appeared to him that whoever gave

ta giving his decision, Mr. the complexion clear, the breath those blows Grantham said there was only one sweet. Of chemists everywhere knew that, n-blow on the fibula thing that was certain in the case, at 60 cents the vial. caused great pain; in fact the man and that was there are forged who did it, was an expert in a

notes. There were bank mild form of torture, Dr. Cannon stories. The complainant's story, said it was a peculiarly. painful which was part of the body and that a man of the witnesses, and defen

corroborated by some

His Worship disagreed. Counsel conceded that his Wor- ship's experience was greater than is awn. In conclusion, counsel submitted that the whole evidence of the proscention left, in doubt as to the credibility of their his opinion, a large element of

To the habitually constipated story. At the very least, it left Pinkettes bring prompt painless the accused to be discharged." that reasonable doubt which entitled | relief. After that, taken occasion-

The Decision

two

ally when needed, they ensure regularity, keep the liver active,

with defendant's physique would dant's win, which was derrotat Laxative Perfection

suffer great pain and anguish from, ed to a certain extent by one wit- Auch treatment.

Police Evidence Doubted.

ness of the prosecution, but they had to remember that that witness "Then there was the evidence on was the employer of the accused, the other side, that of Sorgeant | who was therefore naturally some- Kennedy, the defective and the what biassed in his favour. The Watchman Naturally they all defendant had not produced any denied having assaulted the de- witnesses from the shops he said

"Below par

If you kis run down and far from well- by SCOTT'S

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*The protector of life

SALESMAN ŞAM

HURRY, GU22! GET THAT, BIO Rope! I JUST SPOTTED A BIG BEAR — I'M GONNA. LAGSO HIM. AN' GET HIS FUR!.

IN A JIFFY, SAM!

PINKETTES

Keep You Well

| ́Forbear, Esky; OF Kid!

WHEE! I GOT 'IM! NOW WE'LL SNEAK UP AN TIE HIM FAST!

HERE'S ONE FUR WE DON'T PAY FER!

41

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