1931-08-28 — Page 2

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THE HONGKONG.

FORGED NOTES

CASE.

TRIAL COMMENCES AT MAGISTRACY.

CONSPIRACY CHARGE.

The preliminary trial of Lea Arthur d'A Guimaraes and Chinese, Kong Sze-yik, on charges of larceny and conspiracy to defraud an editor of a Chines newspaper was opened before, Mr. E. S. Williame at the Central Police Court yesterday afternoon. when the Crown asked for com- mittal.

TELEGRAPH. FRIDAY, AUGUST 28, 1931.

Kong, who ́ls named as the first i defendant, and Guimaraes, are

charged with larcony of from one Wong To-po with conspiracy to defraud Wong To- po of the money and also that "on divors dates between July 12 and 24 they did conspire together and with other poraons not in custody to defraud such persons as should thereafter be induced to part with money."

Mr. T. S. Whyte Smith (Aasia- tant Crown Solicitor) is appearing for the Crown while Mr. Ilin- shing Lo (Instructed by Mr. J. M. Hall) is for the first defondant and Mr. Leo d'Almada (Instructed

marnes.

Guimaraes is, also charged three similar counts in respect of a sum of $3,000, the property of one Ho Piu-yim but, on the appli- cation of Mr. Whyte Smith, the care involving the two defendanta Is being heard first-

ENGLISHMAN TURNS BUDDHIST.

George Hutchesson, 24, a-well-to do Englishman, has created u sensation in Bangkok, when he voluntarily entered Buddhist monastery. He to shown with shaved bead and clad in gold and white robe, kneeling before sacrad relies at the beautiful temple of Hutcherson, Wat Rajapradith, where his ordination took place, who has been given the Buddhist anmu, Phra Akkappa Sauno, may retire from the priesthood any time after four months, Like others priests in Siam, he must beg for his one meal each day.

by Mr. M. M. Watson) for Gui-Worship will discharge him in then they are entitled to ask for apite of the fact that this is a further particulars. My friond committal case. The presence of Mr. Lo also mentioned charge the third charge would certainly "C" with reference to the words have the effect of prejudicing the "conspire together and with other accused person in his defence. The persons not in custody to defraud words defraud Anch persons as such persons au should thereafter may thereafter be induced to part be induced to part with money." with money" are

be vague, but rather vague. it has to

these words are taken word for word Who are

the persons? Do they include the

in the from Archbold of a form of Indict. complainant Girst and second charge? I 277

ment for conspiracy to defraud. sure this charge is also bad be With regard to the whole matter cause of its duplicity, in that it contains an indefinite number of false pretences. If one indures a

Objections by Defence.

Mr. Lo: I understand there are Lhree charges preferred against my client and I am taking very substantial objection to the third or "C" charge. I think charges "A"

and

are alternative charges, but "C" is a very objec- tionable one from my point of view. My objections are fourfold. The first is that under Statute Law,

л

getieral statement of evidence would be sufficient, but when the charge is under Common Law the offence with which the necused is charged and the facts and ciz cumstances must be set forth in the charge so that definite and

your Worship allows me to out- line the case-1 think the necessary

person to part with money he may calars will be supplied and it

not be necessary to have it

be guilty of larceny, or false pre-written out at this stage at any tences.

rate a long string of what cons- titute the tricks, because there are various elements in this trick. Objections Noted.

Substantial Objections. "Therefore I think that my four objections are rather substantial, and if I satisfy your Worship on

Mr. Lo: If your Worship lets in any one of these points I ask your "C" charge obviously my friend Worship to quash the charge. It must call evidence In support of it has the effect of prejudicing my and if there's no "C" chargo evi- client's case. I um

Midence may not have to be called. the de-

0204

reasonable information be given Whyte Smith will agree with moi submit for that barrassed.

Ho the defence and accused must that all these four objections Tence 18 seriously

be positively and defnitely have raised would certainly have Bir, Whyte Smith: I might ex- charged. I submit that "C"the effect of quashing the charge. plain that charge "B" deals with charge is bad in that it discloses Mr. d'Almada: 1 wish to as a conspiracy to defraud & man no specified offence at all.

sociate myself with the remarks called Wong To-po. It la per- My second objection is that if of my learned friend. The effect fectly possible that the second de- the charge discloses any offence generally speaking, of charge "C" fendant Guimaraes did not know at all we will have to place some would be necessarily embarrass- or may not have known that it sort of construction on the twoing to charges "A" and "B" It was Wong To-po who was going phrasca, "on divers dates between has no relation to these charges, to be defrauded. As for as he July 12 and July 24" and "to de-and seems to stand by itself in was concerned it might be any- fraud such persons as should its unusual wording. Its total body whom the first defendant thereafter be induced to part with lack of proper wording and vague-brought to the office. money.

"If this cannot be cons-ness is bad. The point that your His Worship I think I will trued as an attempt to defraud it

this objection being de- will say anything.

is bad on the ground of uncertain-mentioned just now as hear the case outlined before 1

ty, but, If anything at all, it cided at the Supreme Court, has Mr. d'Almada: Your Worship amounts to an attempt to de- this drawback, that it may be an has noted our objections? fraud. I do not care how many the evidence on "A" and "B" alone His Worship: Yes, indefinite number of false pre- there may be no evidence to send Mr. d'Almada: Particularly in tences and included, but I will any the defendant to the Criminal regard to the fact that it would that the charge is bad where the Sessions, whereas with "C" in-be embarrassing, as clearly on the acoused -person is charged either cluded you might come to a differ- face of it-it is different altogether with felony or misdemeanour andent conclusion altogether.

from charges "A" and "B"7. at the same time with an attempt,"

His Worship: I'll make a note of I.

The Crown's Case.

A Prejudicial Effect.

All Alternative Charges.

Mr. Whyte Smith: I think I must charges interrupt. I do not think there can be the slightest suggestion of attempt to defraud.

Mr. Whyte Smith: These ura all alternative

Mr. Whyte Smith: The com- charges and there is no suggestion that a conviction is asked for on plainant in this case is an editor He got Buy one separate charge. With of a Chinese newspaper. Mr. Lo: If it means anything regard to the first objection of to know the first defendant in at all it means an attempt to de- Mr. Lo, namely that there are not July. On or about July 12 the fraud, but if it does not mean and it that at this stage

(Continued on Page 10.) sufficient particulars, I would sub- thing at all it is bad for its quite sufficient

it would be if certainty.

T disclose the My third submission is that offence in my opening. I

I think it rather

see difficult to put in wording contains an indefinite might be number of false pretenees. writing this charge at least 11. should any the inclusion of this would take a great deal of space. charge might involve the admis-1 think that my friends may sion of evidence which would otherwise be inadmissible."

the

is

His Worship: The Crown asking for this case to be com- mitted. If evidence is admitted which is improper and which is really bad it won't have any affect later on before the Supreise Court.

Mr. Lo: 3 agree I have remedy Sir, but I think It may be my de- fence to put my client in the box and tell you what he has done in this case. It may be that your

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