1932-08-09 — Page 19

•

LAI MING FAY'S CR OSS-EXAMINATION

(Continued from Page 1). The Chief Justice: It is not admisalble.

unless. it is explained.

Mr. Lindsell:--I don't ask for it

to be admitted.

STRUCK OUT.

The Chief Justice:-Then I will strike it out.

THE HONGKONG

"Your amah was your per- aonal servant, and you were very much attached to one another?"

TELEGRAPH, TUESDAY, AUGUST 9. 1932.

HERO WORSHIPPERS

GRETA GARBO ELUDES BIG SWEDISH CROWD

Stokholm, Aug. 8. Witness replied in the affirma-

The Swedish film atar and Holly- tive and later agreed that Ah Lau,

favourite who was her amah's husband, be-wood

Greta Garbo, whoso came chauffeur to witness and

Arrival from America

Cheng whilst in Shanghai as a re- was very keenly awaited, disem

ult of the amah asking her to embarked to-day at Gothenburg. ploy him.

Mr. Potter:-And Ah Lau was at your disposal and orders?— Yes.

Continuing, witness unid that on March 24th the received a telephono call and recognised the voice at the other end of the line as Lau So's. Dealing with Lai Min-fay's 90- Later In the evening a letter was journ in Shanghal, Mr. Potter ask brought to her.

ed "Accused took you to some Continuing, witness said she apartments?"Yes. and Fung left 14, Shan Kwong And then to a house in Rue Lay

Road at 8.30 p.m. on March 24 and Fayatte?--No, in Nanking Road. proceeded to catch a bus.

Mr. Lindsell: How did you walk with regards one another?

Witness:-My left arm was in Fung's right.

THE MURDER.

|

Accused returned to Hongkong in July or August 19307--No, in April.

Leaving yourself, the amah, Ab Lau and the Auburn car in Shang- hai?---Yes,

She was enthusiastically greet ed, but characteristically managed to clude her admirers.-Reuter,

given on June 13th under cross- examination?--You.

And you were re-examined on June 26th ?--Yes.

And two days later the evidence was read over to you and you made this correction?--Yes,

Witness proceeded to say that

And a few months later you re- on their way down the road she turned to Hongkong leaving the noticed that they

taken. being amah. Ab Lau and the Auburn car followed by a rather short man at the house?-Yeu.

were

who was dressed in a European- style brown suit with a felt hat pulled down over his face. He kupt

FAITHFUL PAIR

re

VOR came

EIT

that

MARRIAGE IN MODERN CHINA

Continued from Page 1).

and living in the same house client,

118

THREE INCIDENTS..

partly on three incidents in 1929, The evidence for (a) is based

1931, and the final scene this year, partly on allegations of frequent quarrels with defendant, and scolding by Bis aunt, who, it is abunduntly clear, had practically absolute power in the house owing to her commum of money.

In the 1929 incident it is clear from the letters that there was a temporary brench. Defendant wrote a formal apology to the mother-in-law of his conduct, as- suring her that it would not be re- peated.

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RELAY OF SOUTH WALES BORDERERS' BÂND

Broadcast by 2.B.W. on wavelength of

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1.5 metres.

•

south Wales Borderers, conducted by Bands

A reixy of the band of the 1st Batin.

Diskser landen, Atom, bd Mutuary Hospital, by courtesy of the Offers Commending (During the intervala recorded maila will be broad- crat rum the Studio).

G-8 p.m. Chinese recorded pro- gramme.

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Victor Symphony Orchestra 2338/22576, 8.15-8.00 p.m. Operatic, Orchestral-Tho

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Voral Gero-Cavalleris Rusticana (Mascagni) Vocal Gems-l'egliseci (Leoncavallo) Orchestral-Leo D'ar-Introduction

Victor Opera Company 16032. teebestral Cat Dhe-Dridal Curtere

(Kimikr-Korakow),

(Kiosky-Korsakow). London ympruny Orchestra condunted 233 Albert Coates V8J4.

Vocal Gems-Mignon (Thomas).

Vocal Geme-Ties of ellman (Offenbach) Victor Opera Company 35915. The 1931, incident, in July, was 8.50-9.55 p.m. A Concert.

outburst of bad temper by de-song-Sometime (Keha-Flurite). fendant,

BangDreamin' Time De Longpro-Strick- adinits kicking

Jand) spittoons about, and also admits Madame Ametila Galli-Curet (Soprano)

who

that complainant and the aunt had plano Sel-Turkish March (Beethoven).

£144.

Sergal Rachmaninof 110. Frits Krebler 1244.

Song-Good-Dye Marie (Monnetia-Do Curtis). Sang-Case. Love. With Me (Falix-Carneval)

MAGISTRATE CRITICISED

After

the reconcilation, com- The Chief Justice:--I think it plainant alleges defendant varied in is a very bad practice for, a mu-his treatment, sometimes scolding, gistrate not to have the evidence sometimes acting affectionately. In rend over on the day it was

19:10, in September, she alleges she had a miscarriage brought on Mr. Potter:-A very bad prae-ging and the violent behaviour of by hard work, and the aunt's rag- tice, your Lordship, and I venture defendant. to say that if it was read over to her on the same day that it was taken, her signature would have been the bottom of evidence. the evidence was read over to you, them not to quarrel. It is note-

Mr. Patter to witness): --When a quarrel, as he says he advised Plano Solo-Brooklet (Sauber-Rachmanino) you had it altered in this way "worthy that the aunt says she was was not getting colder and colder." out, su can give no direct evidence

Beniamino Gigli (Tenor) 10v5. The Interpreter:--She refuses to of the quarrel.

Violin Sclo-Malaguena (Spanish Dance] say whether she did or did not

In the 1932 incident, the aunt

(Albenis-Kreister}, Violin Solo--Cancun Populere (Dr Falla. say it but keeps on repeating states she saw no trouble at all. Kochanaki) Did you bring the Auburn car?

was not getting coller and colder." Complainant says the aunt ordered orchestral in a Summer Garden (bellus)

Fritz Kreisler 1244, No.

her to brush defendant's shoes. Mr. Poller: ask your Lord-On her asking that the concubine,

London Symphony Orchestra 9781. You brought Ab Lau with youhip to tell her she must answer then living in the house, should ne

Sopir--Lea, Long Ago (Dayly)- because he was your servant ?...

BongAnnie Laurie (Douglaga-Scott) No. because I knew Cheng

that question.

Hulds Leahanska sogrono} 1220. driven away first. the aunt told Solu-Stephend's Miey (Grainger)

Piano Solo-Passepled (Dallas). Mr. Potter offered to and the her to clear out, and abused her, another car in Hongkong.

Mr. Polter: But

witness the depositions to refresh the concubine smiled, and client at Song The Green-Eyed her memory and remarked that once left. Defendant says the Sone-Tavern Song the interpreter could explain what whole thing was a trumpery quarrel the Magistrate had written in the over folding josspapers: margin. Witness then said that probable than complainant's she could read English and after planation. looking at the sentence concerned remarked that she did correct her (evidence is recorded by the Magis-

trate.

And of course, when you following the couple and turned, it was to find the faithful when half way down the road the Ah Lau and his faithful wife at witness heard the report of a gun the house?--No. when I returned , and saw a flash near Fung's chest. they had left the house.

The two then went to the first They were still In your service? house in Yick Yum Street and--No, they came right back to my when they got to the first floor service in Hongkong. landing Funk collapsed. On In February, 1931, running down stairs to get assis tance witness met Dr. S. C. Ho. On his instructions, she then went to No. 14, Shan Kwong Road and together with Chan made a report to the police t the Wanchai Station. Later witness telephoned to her mother and then to No. 50. Village Rond.

down to Hongkong again, bringing your mother. Bessie Au, the amich and her husband?--Yes,

YOU

Mr. Lindsell:--in telephoning! to No. 50 did you denunce anyasily get a local chauffeur. one? I did not denouner any

one,

WITNESS WEEPS.

COUNSEL'S OBJECTION

Bal

could

hear

At this juncture. Mr. Sheldon » A photograph was handed up to objected to the mameer in which witness who was asked whether witness's answers were accepted. she could identify one of three He protested that he could persons on it, and in pointing out what she said and that Mr. Potter) George Fung she started weeping, merely accepted the interpreter's Mr. Lindsell:After you left shake of the head as answer to his the protection of the accused did, questions. you ever receive any money from wanted. was to

All he (Mr. Sheldon) hear witness's Any member of the house- ¦ words. hold at No. 60, Village Rond?-No.

To your knowledge did Fung

ever receive any such

That I cannot say,

To your knowledge had

he had no enemies.

Ah Lan used to send the re-

ATTITUDE TO CHENG.

i

MEDICAL EVIDENCE.

Dip timbrilowitsch 1995. Dragon |Newinan. Charice).

(Watson-Fiber) Heina Werrenrath (Baritone) 1264. 9.55-10.10 p.m. lease Preludes tympanic Poem, No. 3) (Lazt) San Francisco Symphony Orchestra under Un direeon of Alfred Berte 6863/0864. 10.10-10.28 p.m. Musical Comedy. Siegfeld Follies Medley

ex-

a

It has long ago been laid down that cruelty must involve danger, or impairment of health, or reasonable apprehension of either. Witness admitted on furtherThe medical evidence called satisfies questioning, saying in the Police me that her health has become im- Neither as a gift nor as a loan peated precisely what the interpreher so and he wanted her to mar

Mr. Potter replied that he re-Court that she knew Fung could paired, and that if she is obliged to return to defendant it will be not support her because he told of any sort? No.

further injured, irrespective of the Her had said.

She was not looking threats which defendant is said to money-Lai Ming-fay admitted that

In subsequent cross-examination.y Cheng.

for an opportunity of leaving him. have uttered, but denies. sho

An important element in the used to exchange eables hetween But for the fact Cheng had order

she would not Fung Hongkong and Shanghai in Chinese ed her out

have

eruelty charge, to my mind, is any enemies? So far as I know cole. They were for remittances. stone.

the bringing of the concubine into the house in April 1932 in Mr. Potter then rose to cross-mittances on her behalf to Shang-she would not have gone if the fendant and the aunt knew that The witness to-day added that face of the fact that both de- examine the witness, asking: hai Cheng came to Shanghai in July or fenult not remember whether it was

It was Cheng's money. She accused had not struck her. complainant was pregnant and August 1929 did he not-Yes.

Mr. Potter: Then the marrinatjected to the newcomer. And that was the time when he that manner to her father.

1 $2,000 be $1,000 which she remitted

This. notes were re-read to you and then the defence admit, aroused oyed with your

father

actual remittance might have been for the first time you say this, "I and naturally helped to injure bitter jealousy in complainant rione, either by Cheng or Ah Lau. can't say whether accused was get her health. I therefore find ver-1 as they both went out together on ting colder towards me. Previous to the assault I did not think he Now at that time you were anxi.that particular occasion. ous to get a motor car, were you

Mr. Potter:-Did Ah Lau ever

wanted to get rid of me?"Yes. not? Not an unnatural desire. pen Vous correspondence?– No, . You

keen

motoring? never. There's nothing wrong about be-

Continuing, witness said that ing keen on motoring; I am myself, after she fell in love with Fang she was not very keen; the arknew she was going with Fung

went out with him daily. Ah Lau cused was.

Did he buy an Aubaru car for Mr. Potter: And all this time your use?-Île bought it because you were living on Cheng's money he needed it and when it was dis- and going out with Fung! engaged I used it.

yourself? Yes,

MOTOR CAR BOUGHT.

were

Witness:Yes.

QUEER TEMPER.

4 1129

I put it to you that you yourself were anxious to get the Auburn. car?--I went with him to look at 1 suggest that during that year it but I was not keen on it.

Cheng was not a very attentive Did you chose the Auburn?--lover--Cheng had a queer temper and wanted to go out with other

Yes,

Now the accused as you quite women. truthfully say is

very keen 14]

sistent cruelty proved.

Another element is that of de-

Why did you make all these sertion. The legal position મં changes in your statement?-Absolutely clear from the point of the time I did not quite understand view of English law, and on the evidence for the defence alone E the interpreter...

regard desertion as proved.

ANONYMOUS LETTER.

Witness said that Cheng had, to her knowledge. received one anonymous letter but she could not say whether it was apparent ly from somebody who had grudge against Fung. She thought it was written by one of Cheng's friends who had seen them gether,

When referred to the deposi- tions of the Magistrate, witness There were many other women?admitted that she had stated she motoring 7-Yes.

---Yes Plenty.

hud no idea who wrote the letter Now, having acquired the Au- It was this attitude of Cheng's but whoever sent it must have had barn, for you 1 suggest, he sent that brought you into touch with grudy against her or Fung. down to Hongkong for his own car which is a Buick?-He went down

Potter: At the Police for his own car before the pur

he had a job but I did not believe Court did you say, "Fung told me

him?" Yes,

chase of the other one,

There were two cars in Shang-

Fung?--Yes.

Do you know that after you left

Village Road. Cheng and Annie Au were living together? Yes. I knew it from the amah's evidence.

she understood

hal, that's what I want, to get? At this stage witness gave every friend as a present before he English, for she nodded an affirma-

No, His own car was given to a incleation that

bought the new car.

tive answer to one of Mr. Potter's

The accused drives himself does questions. he not? Sometimes he drove himself; sometimes the car

"Do you understand English"

was asked counsel.

on

driven by the chauffeur,

Actually he was very keen driving, was he not-Perhaps he

WIB.

In the Mandarin dialect, witness replied "a little".

"Must, be my Irish accent," said Mr. Potter.

Continuing, witness said that when Cheng went to Canton she

Mr.

CHINESE CUSTOM.

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Victor Light Opera Company 36768. Minstrel Show of 1929

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0.16 pm-8panish Informational Period. 6.10 p.m-English Informatiogai Period. 7.40 p.Dianer Muole-Bar View Motel

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EXCHANGE MARKET

STEADIER

HONGKONG DOLLAR

the un-

UNCHANGED Having dropped 1/8th yester- But here the defence set up old day afternoon to Is. 3d, Chinese custom, and the aunt's Hongkong dollar remained desire for more male issue in the changed this morning. family, as

The local counter-argument. market took on a steadier tone, On this the expert witness the complainant,

for but not much business was report. valuable ed. evidence. Modern Chinese law todiscountenances the concubine al-China sold and speculators bought; In London, silver declined 1/8th: together, and gives the wife the the market closing quiet. After right of civil action.

Ancient customary law makes it the official fixing, the market ruled necessary to secure the first wife's firm, on America buying. consent before a

New York roports silver up a concubine is taken, and a recognition ceremony

quarter, with the market steady. should be held to make the con- sent formal. This by custom could be dispensed with when the but I feel that this is a very pro- no sons. The mere fact that no If so, this case is an awful warn- husband was over 40 and still had bable explanation of the trouble. penalty attached to the breach of ling of the folly of relying upon ried man in England takes a mis-style system of pulse feeling. this rule is irrelevant; if a mar pseudo science such as the old-

tress he is not liable to fine or For these reasons, I order that prison on that account; and the complainant be not bound to C{- argument applies to the Chinese habit with her husband, that the custom.

defendant pay $62 a month, i.e. In this case none of the pro- half his income, through this visoes of Chinese customary law Court for her maintenance, that he Mr. Potter: That's our case, too. apply: the parties are not 30, there is to pay complainant's costa, that he never had any job.

is a child expected, and the wife's fixed at $300, and that complainant consent has not been given to the shall have the custody of what- taking of the concubine.

over child there may be of the marriage. Puyment of mainten- INTOLERABLE INTERFERENCE.anee to start forthwith."

Throughout this case one fact Mr. Hin-shing Lo, instructed

ecatise whenever I met him it was Why didn't you believe him?

during office hours.

So you drew the very fair in ference that he did not have job, unless he was the boss, of course, and had nothing to do Yes.

"MAY OR CONNIE."

Witness knew Fung was

40-

CHAUFFEUR ENGAGED. When he bought the Auburn went to Fung at Repulse Bay. It quainted with a girl named May or car he engaged h chauffeur?was her amah who warned her Counie. She had met Fung with

Yes.

That chauffeur was not Ah Lau whom we have heard about in this case? That was not Ah Lau but he knew Ah Lau.

You have a amah, or had an amah whose name was Tai Kwai- chang-Yes.

that Cheng had returned,

POLICE COURT EVIDENCE After short reference to a quar- case, Mr. Potter continued: ret between the witness and ac

the girl several times in Shang-stood out above all others; the by Mr. Peter Sin, appeared for

hai. She also knew that they had lived together.

Mr. Potter: Do you know she was in the habit of sending him money 7-1 don't know,

Did you at the Police Court say Did you know he met this girl in Her other name is Lam So?- in the first instance when examin-longkong about a fortnight before Yes.

ed on this matter "The accused or his death-1 did not know and Sho had been with you for tendered me out of the house? Yes. don't believe it. years, has she not?—About eight: years.

Ton year, was it not?-Eight|

were very cold 7-Yos.

F.

X

gross, unwarrantable and intoler-the complainant. The defendant able interference in the lives of was represented by Mr. this young couple by the aunt D'Almada, Jur.

Ya Snu-ching: defendant is in terror of losing the reversion of

her money and complainant has, had her happiness wrecked by the compulsory unfaithfulness of her husband, In a caso heard in And that your feelings for him The witness donied that she bor- England recently, separation and rowed money from her amah after [maintenance order was granted to And that they were getting cold-leaving 50, Village Road. She de-a wife whose husband insisted on er and coldor and you were walt-scribed the amah's evidence at the her living in his mother's house Hore Mr. Potter asked for Ing for a favourable opportunitly Police Court as a complete lie. though the two women could not ruling regarding the depositions to leave him?—Yes.

Mr. Polter: Can you suggest get on at all together. Here tho which ho desired to have handed to witness, without having to put them in as evidence.

years.

Chauffeur amAH'S HUSBAND Continuing in cross-examination

•of Lai Ming-fay, Mr. Potter asked

Did you not also say that the any reason why this faithful amahenac is far stronger. Complainant accused was getting colder and should tell a complete lie?--She goes do far as to allege that the colder towards you?-Yes, I said was not faithful to me after I left, aunt belloved her to be incapablo that, but I know now I was mis- The hearing was adjourned un- of having a child and that this taken at the time. I did not until this afternoon when Mr. Potter was the cause of the trouble, and derstand the question.

wifi conclude his cross-examina- that the aunt intended to force her

to leave. The aunt dentad

Mr. Potter: That evidence was tion.

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