1932-07-08 — Page 22

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THE

HONGKONG

CHUFFEUR SENT

FOR TRIAL

POSSESSION OF PISTOL AND AMMUNITION

OBJECTION RAISED

TELEGRAPH.

FRIDAY, JULY 8, 1932.

Worship, Mr.,

not think the

Replying to his Rendall said he did point was one which often nrose at

ilome, and therefore he did not; Don't

think there had been any legal cases reported on it, although it had been the practice where a man was ladicted on two charges, to trans- fer one of the two charges Lo another Assizos,

Neglect

The Public Proseentor replied INDIGESTION

that if his Worship was going to deal with the ease summarily, there would be substance in Mr. Rendall's arguments. But inasmuch; na his Worship's function In this matior

INDIGESTION should never be dis- regarded, for it warns of excess stomach acid which ferments food, forms painful gases and attacks the delicate stormach lining. If neglected this excem acid may cause gastritis or event ulcers. The suret way of getting rellef is to take a little Bisurated 'Magnesia after eating or when discomfort is felt. This instantly neutra- iises excess acid, stops fermentation and soothes and heals the acid inflamed stomach prescribe * Bisurated Magnesia for indi- gestion.

The driver Taui Yum-sang, whose evidence as a witness for the Crown recently gave a sensu tional turn to the Village Road

was to decide whether there was a murder trial, was brought up on

case for it to go before the jury, remand before Mr. Wynne-Jones and insomuch as he had al- ni the Central Magistracy yester-rendy stated that the evidenco day afternoon and charged with given in the other proceedings. Doctors all over the world use and the possession of an automatic would pistol-one of the two weapons figuring In the other trial and also of three rounds of correspond- ing animunition, in his room at the sercants' quarters at Mr. A. Goeke's residence at Binney Villas, Jubilee Road, Pokfulum.

not go into

спляс the at all, he thought his Worship could go on with the present ensei He thought thu, as often happened, it was perfectly in order to ask his Worship to dismiss from his mind anything that he might have heard in the other case and to deal with the present matter simply on the evidence that he (the Public Pro- socutor) proposed to put before him that afternoon.

'BISURATED'

MAGNESIA

pescribed for INDIGESTION, DYSPEPSIA, GASTRITIS, FLATULENCE. HEARTBURN Rod ACIDITY.

The Magistrate who heard the case being the same engaged in the ather proceedings connected with

His Worship, replying on the go that she saw a gun similar to the murder of George Fung, one of j

It was in his Mr. Rendall's first submissions was point of evidence published in the the one in Court. formally to object to his Worship other case, likened the position to quarters. He had it in his hund also taking the arms case, on the that of the jury to be called into and he showed it to her.

that other case, ground that the evidence in the other case might have influenced his conduct in the present proceed. inge,

Mr. Rendall: The feeling Amongst the profession is that the jury should be locked up and чegre- Mr. Kendall's objection was dis-gated as in other countries. allowed, and the hearing then being His Worship: I think that as proceeded with. ended in the the prosecution have definitely an- cused being committed for trial at pounced that they do not propose this month's Sessions. As in the to use any evidence given in the murder trial. the

Assistant other case, as I can see it, there is Attorney General and Public Pro-no objection. necutor (Mr. R. E. Lindsell) con- ducted the case for the Crown.

Case Outlined.

Last year out in the garden she saw him shooting at owls. He was holding a weapon, which was not sporting gun but a short firenas, Sub-Inspector Baker stated that the actual purpose of the visit to the nccused's quarters at Bisney Villas was to search for papers and documents, and he started to make such a search. He, however, found the basket, containing the weapon hanging on a nail at the head of the bed, and when the discovery was made the accused -fninted,

In cross-examination, in regard to the statement that the accused

Sergeant J. E. Scott, Police Armourer, stated that the weapon was a 7.65 mm. or 32 in. Orties patent automatic pistol of German manufacture. Witness examined rusty but

The Public Prosecutor in open- Mr. Rendall, addressing the Bench, said that having been justing. outlined the case as follows: informed by the Public Prosecutor "On June 20 in the afternoon, fainted, witness and he did not that this was a case for committal, the accused, who is private chauf-then know that the accused was an he must formally and straightaway fear to Mr. Gocke, living at oplum addict. ubject to his Worship taking the Bisney Villas, Pokfulam, was stop- preliminary examination and dped by Sergeant McInnes when positions. The objection was not driving his ear in Garden Road, on personal grounds, but www and taken to Police Headquarters against his Worship F15 3 where he was detained on sus Magistrate who had already copicion. ducted an inquiry into a murder case that had been going on for "He was taken the same after-the barrel, which was some considerable time, and in noon to his master's house by the showed no signs of having been re- and contly fired. Three rounds of 32 which, arcording to newspaper re- Chief Detective Inspector

automatic ammunition which could ports and according to his own in- a very cursory search for The fred in the pistol were in the structions, certain evidence was documents was made of his quar- given which might again arise inters. The next day, the 21st, fur-magazine. Witness

He thought that ther information was procured, and weapon, and although it jammed he

|could always fire it. on the morning of June 22 the ac

Evidence of the statement made cussed was taken back to his quar- ters at Bisney Villas by Sub-In-to the Police was given by an inter- defendant's state- spector Baker, The Sub-Inspector preter. The found his quarters locked up. The ment was, "I have nothing to say. visit was paid with the consent of I have had this pistol since I was Continuing, Mr. Rendall said her. Gocke.

n the Army in Canton sometime was fully alive to the fact that

rhe present ense.

as a result of his Worship having conducted the other ease, he would not be entirely able to dismiss from his mind all the evidence in that

ease.

the present was only a preliminary "With the aid of a screw-driver

Tuesday, 2nd August Tuesday, 30th August.xamination: that it was for his the door was opened. A further Rotterdam via

Worship to say whether there was search of the quarters was made, & Suez..

a strong presumption of guilt be-and in this basket (exhibited in .Saturday, 9th July. fore he could commit; but it was Court which was hanging on the .Saturday, 23rd July. for the same reason that the evi- wall was found an automatic pistol, dence in the other Caso a Coll, which had three live rounds .Saturday, 23rd July. might have given strong in its magazine.

a of presumption Saturday, 27th Aug.

guilt

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and!

inade it impossible for his Worship entirely to dissociate it from his mind, that he raised the objection

to his hearing the present case.

Publicity of Proceedings. His Worship pointed out that the puestion of committal or dealing with it summarily was one for dis- cretion. It being an arms, case, he had to take it us for committal,

Whether the prosecution would be putting before him evidence that had already been given in another Court in connexion with a murder charge he did not know, but if they did, and it was admissible, he must accept it.

The Public Proscentar I don't ou evidence given intend to reis anywhere else.

His Worship indiented that he must disallow Mr. Rendall's objec- tion, but would note it. He asked if Mt. Rendall was producing any nuthorities.

I have no actual

Mr. Rendall: authority. We must take into con- sideration the fact that we live in a small Colony where everything that is going on is known, through a widely circulated Press. This case in particular has been very extensively reported, and every 2 in the street understanda nimost about it, and he sees verbatim reports.

The defendant in the present ensu, stated Mr. Rendall, had given evidence in the other case and what they had known of that evidence was to the effect that he had, or had had, two revolvers or automatic pistols, and he was now charged in the present case with being in poa. session of arms on n certain date, namely June 22. Now, his Wor- ship had heard that evidence in the other Court and would be bound to bay, whatever the evidence before him now, that there had been a etrong presumption of gullton which the accused should be_com- mitted to stand his trial before a jury. Wherens If that evidence and not been given, his Worship would be gulded only by what there was in the evidence to be given in this case,

Objection Noted. Mr. Wynno-Jones Rendall's objection.

noted Mr.

4

"Miss Gocke will say that about year ago she saw, in fact, was shown a similar firearm by the ac used in the quarters. She will

Also

10

few months say some there was one evening an excessive tooting by a motor-ear horn some where near their house, and in the morning accused told her be had fred a shot with his gun to frighten the hooter.

"When charged with the posses sion of this firearm, he frankly ad mitted that it was his and that he had it for some years since he was a soldier in Canton,"

Shooting at Owls.

."

tested the

Man Committed.

The case for the Crown was then vlosed, and Mr. Rendall said that the only thing he would like to say was that it was his submission there was absolutely no evidence at 1 on which his Worship could find any assumption of guilt except the men's own alatement, and that statement he (Mr. Rondall did not propose to answer in that Court.

His Worship remarked that he was bound to accept the statement, of course, in the absence of any rebuttal.

com-

The defendant was then. nitted for trial at the next Criminal Sessions.

Mr. Rendall made an application for bail, but the Public Prosecutor opposed. It was

fence he said, punishable,

a very serious

thought, on indictment with ten

| years' imprisonment,

he

His Worship said that in view of the fact that the case would go Mies Gocke was called into the out of his jurisdiction in two days' witness-box, and she stated that time, he thought it would be better the accused had been with Mr. for all concerned if the granting of Goeke for four or five years prior ail were left to a Judge. to his arrest. It was about, a year, Ball was thereupon refused.

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