1930-06-14 — Page 2

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THE HONGKONG TELEGRAPH, SATURDAY, JUNE 14, 1930.

INTERFERENCE WITH WITNESSES.

COUNSEL'S PROTEST IN EXTRADITION CASE.

one moment they had a representa- tive of the Canton Government in Court, he (Counsel) would not hesitate to go for him strongly and demand of him an explanation of the outrage that had been per petrated. As it was, as the Crown was. the only party represented in When the extradition proceed-the case, he would submit that the ings concerning Tam Sit. Court should come to the rescue Tam

Yuen and Tam Hing, and take steps for the release of, charged with killing two kins- the detained men.

ཇཱ་

men in Chinese territory, were Taking a legal viewpoint adopted resumed before Mr. Lindsell at the in America, Mr. Lo said he con- Central Magistracy yesterday after-sidered that the local Court had the noon. Counsel for the defence (Mr. same powers as the Bow Street Hin-shing Lo) sprang a surprise Court Magistrate whose views on on the Court by declaring that the question of Interference with party of people who were sent up the witnesses for the defence were country, in the interval since the unquestionable. last adjournment, to collect evidence on behalf of the defence, had been arrested and detained by Chinese soldiery, and that at the instiga tion of a principal witness for the Crown.

The man denounced by Counsel, Tam Tong, was in court, and Mr. Lo asked for his immediate arrest on the ground of a felonious at tempt having been made to inter fere with the administration of justice.

It was the American view that the Bow Streat Magistrate adopted and if that view was the correct one, it came to this that in case the defence was incapable of produc ing witnesses on financial grounds, the Government should subpoenas those witnesses, at its own expense.

"What was the procedure in America could conceivably be the procedure here. It was a procedure that was favourably commented upon by the Bow Street Court. I This was not done, but before have to ask your Worship to take the Court adjourned again until into consideration the circum- next week, the Magistrate directed stances in this case also," Mr. Somerset Fitzroy, the Public Continuing, Mr. Lo said that Prosecutor, to enquire into the here they had the case of a man- truth of Mr. Lo's allegations and a potential witness for the Crown-- report thereon at the next sitting-obtaining sick leave in order to get Mr. Hin-shing Lo said: Your away up-country and there to lie Worship, before proceeding within wait with ten soldiers, next eet- the case, I think it is my duty toting upon a party of men who had Inform you there is a most serious gone up to take photographs of the development which I consider a relocation of the murder and so to cord in the annals of the jurisdic-assist the Court. tion of this Court in extradition Mr. Lindsell: Was the offence Messrs. Lo & Lo, by whom alleged to have been committed in I am instructed, have had occasion China? to write to the Inspector-General of Police of the arrest and deten- tion of a party of men who went up to take photographs on behalf of the defence. The location of the Taishing teahouse from where one witness for the Crown said he had had a clear view of the murder in the street at Wo Pak Village, was seriously disputed, as your Wo ship may recollect, by us. In order to assist the Court a party of four men were sent up to Gan- ton by a local contractor of somo standing, who is interested in the

cages.

case;

Mr. Lo: Yes.

Mr. Lindsell: How can I issue a warrant for their arrest in that case?

Inquiry to Be Made.

J

Counsel said he was not asking his Worship to protect witnesses in the sense that they were within the precincts of the Court, but that if his Worship was satisfied that the witnesses of this Court had been detained and arrested, his Worship was justified in issuing a warrant for the arrest of the man who was sitting, there (pointing dramatical- ly to a witness in the Court). "He The party of four men went to

is the man who took sick leave," de- Canton and engaged two photo-clared Counsel. graphers, making a party of six, Mr. Lindsell: On what you tell when it set out early on Monday me I have no evidence that these morning for Le Chuen, and from men were, arrested merely because there to Ma Lung Tau, then to they were witnesses or intended Wo Pak Village. They took photo witnesses for the defence. And it graphs of Waiching Street, and is possible they were then in a pro- proceeded back at Ma Lung Tau, hibited area and were arrested on with the intention of returning to that account. I cannot possibly Canton by way of Lo Chuen.

take any action without such evi- dence.

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ECHO OF THE PESHAWAR RIOTS INCIDENT.

Simla, June 13. The result of the Court Martial at Abbottabad, when seventeen men of the Eighteenth Garhwal Rifles were charged with dis- obeying orders during the Pesha- war riots is as follows:

One man has been sentenced to transportation for life.

One has been sentenced to fif teen years' imprisonment.

A gentleman, continued Counsel, who took sick leave of the Court,

Counsel offered to produce the led a party of about 10 Chinese sixth man in the party who had soldiers lying in wait at the ferry escaped arrest by the soldiers and wharf at Ma Lung Tau, and ar have him give evidence on his ex- rested and detained five men in-perience and his identification, of luding the two Canton photo-the Crown witness as being con graphers. The sixth man, who was cerned in that affair. behind the others when they were His Worship said it seemed to

through arrested, escaped

the him as perfectly clear that inter The remainder have been given mulberry groves and

bamboo ference by persons outside of the terms varying from three to ten thickets and came down here in jurisdiction of the Court with wit-years' rigorous imprisonment.-- Hongkong on Tuesday evening. On nesses for the defence could not Reuter. Wednesday evening he went to see possibly justify the Court in issu- Mr. Horace La, who, as a result, ing a warrant of arrest. Counsel has seen fit to write to the Inmust quote him authorities in sup- spector-General of Police in regard port of his contention. to the matter of the interference of these people.

I submit that although this is an extradition case, the practice and procedure of this Court must always be followed. If this is the

case

Stiff Sentence Passed.

Rombay, June 13, Jayant Dalal, the editor of the Bombay Congress Bulletin, has been sentenced to two years" rigorous imprisonment on charge of publishing seditious matter.-Reuter.

Mr. Lo promised to do that, and in the meantime, mentioned the

Bow before the

Street Magistrate where the latter had seen fit to order the arrest of a Czecho-Slovakian in his Court who, interference with the wit-in his own country had previously nesses, irrespective of whether interfered with a witness for the SESSIONS CALENDAR. they are for the prosecution or for defence by causing his arrest there. the defence, is indictable on com- mission, or summarily punished as an act of contempt of this Court."

case,

Mr. Lindsell said he was not pre- pared to take any action at present, but would proceed with the evi- dence in the case.

The witness then called turned

FOUR CASES DOWN FOR

a

TRIAL THIS MONTH. There are four cases down for out to be the man denounced by hearing at this month's Criminal Sessions which commence at the Counsel. He testified as murder, by a party of over ten Supreme Court at 10.a.m. on Wed- men, of a kinsman outside a tea-nesday next.

The first case on the calendar is shop in Taifo parish, Nam Hoi

one of murder, in which Fung Yan district last year.

to the

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is charged with the murder of Tam Chap, on April 28, 1930. In this Wong. The second

count

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Tel. 58011

Assistance of Court. Continuing, Mr. Lo said that in the same terms that Mr. Horace Lo had requested Police assistance in the matter, he, on his part, must also ask the assistance of the Court in what was a very peculiar ex tradition case. The Hongkong Government had often complained Cross-examined by Mr. Lo, wit

is Tang Sing of a cotton jacket, a in these extradition cases of the ness denied that during his sick-

the Crown has assigned larceny in a dwelling house of the watch and $20 in money.

Wong Ping and Lau Yat will be failure of the Canton authorities leave he had been concerned in the case

Messrs. D'Almada and Mason as same goods, and the third of wound- to have itself represented in these arrest of the party of photo-solicitors for the defence, and it is ing Wong with intent to do him charged that on April 25, 1930, or proceedings by a competent au thority. He (Counsel) was not

The case was then adjourned un-understood that Mr. Thomas Tam grievous bodily harm, or maim, dis-during the night of April 24-25,

has been briefed.

figure or disable him, or in order 1930, together with another person or other persons unknown, they as- versed with the practice of the local til next week. Court, but from the little experi- Mr. Somerset Fitzroy, appearing Chung Wing will be charged on to resist arrest.

Li Yan will be charged that on saulted Lai Fau with intent to rob. ence he had had at the Bow Street for the Crown, was directed by the three counts. The first is of rob Court in London, he should imagine Magistrate to enquire into the truth bing Wong Lai-wo of eleven en-May 17, 1930, at the old fortress at him. A second count against both that it was a requirement that of Mr. Lo's allegations before the velopes containing $9,888.78 in North Point, together with three men is that they maliciously wound- should always be fulfilled. It for next sitting of the Court.

money and also with wounding other persons unknown, he robbeded Lai with a chopper.

ŞALESMAN ŞAM

ANIMY ORDERED THAT, LIVE FISH"

FROM THAT DEAD ONE,SAM, ABOUT FOUR HOURS AGO AN' HE HASN'T BROUGHT

IT YET!

Spark EVERS

SPORTING

FULLSC

OF SECOND BNICE.

'graphers.

I'LL SEE ABOUT IT,

MRS. CARP, WHEN I GET TO THI STORE,

TEH

THIAS

Where the Trouble Is

HEY, SAM, WHAT ARE YA DOIN', ABOUT "THAT LIVE FISH MRS. CARP ORDERED? SHE'S RAISIN

HECK ABOUT TT

·

I'VE BEEN ALL

THIS TIME GETTIN'

IT FOR HER,

Cru2-2,

STOP

GREEN GILa

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THERE'S ONLY ONE LEFT AN' HE'S

TAKIN' HIS TIME ABOUT, BITIN”,

PELN. IL PAT, OFF