1933-06-06 — Page 19

BATA CO.. AGAIN IN COURT

CHINESE RETAILER

PROSECUTED

AN AGREEMENT

BROKEN

CORRESPONDENCE.

Suicides,

To The Editor, Hongkong Telepraph

Sir, In your issue of last Fri- day, one of your contributors C. V.-L. writes on "This Sulefde Mania." Part of what he says is fairly sonable but I take the strongest possible excoption to the following:

THE HONGKONG TELEGRAPH. TUESDAY, JUNE 6, 1933.

FUGITIVE'S PLEA FAILS

HABEAS CORPUS

APPLICATION

BESA EXTRADITION

CASE

|ALLEGED REPUTED

THIEF

CAUGHT STEALING ON THE PRAYA

RADIO BROADCAST

HAWAIIAN SELECTIONS FROM

THE STUDIO

From Z. B. W., on wave length of 365 metres (84.5k/c.).

11-11.30 am, Stock and Exchange Quotations, Selected London and New York Stock Quotations etc.

Weather Report.

11.80 a.m. Chinese Recorded Pro- gramme.

12.30 p.m. European Programme

Described by the Police as a member of a gang of five waterfront pick-pockets, Sze To Wo, anom- ployed, was sent to gaol for three montha by Mr. Wynne-Jones in the Central Police Court this morning. Detective-Inspector Elston said The application for a writ of "How many, for instance, placed habeas corpus, made by Timotio on May 31, the defendant was seen in similar circumstances have not Evangelista, alias Joseph E. Besn, by district watchmen and detectives envied the courage behind this a fugitive from Manils, to a Full on the Praya acting suspiciously drastic solution of life's ille-the Court this morning, was refused, near the Chung On Wharf. On quick way out of a problem they and the custody of the prisoner in the arrival of a ship, defendant of H.M.V. and Vietor Records. conalder beyond remedy by tional means."

ra-Hongkong was declared lawful and mingled with the passengers and was seen to extract some papers just. I do not know who C. V.-L.

from the pocket of a Chincso Extradition proceedings against happens to be, But let me tell Besn him quite frankly that it takes no Mr. Schofield at the Central Magi-clothing. Defendant stated to the commenced before passenger, dressed in European courage to take one's own life.atracy on May 6 and on May 16 he Police that he thought the en- On the contrary, I should certain-wan committed to prison for 15velopes contained money. ly say it in a supreme, net of days. cowardice. To allow C.V.-L. to the tell your readers that a would-be rolluicide is full of pluck or guts is

and highly misleading. to say the least of it dangerous

The recent Bata Shoo Company sensation was recalled before Mr. Wynne-Jones in the Central Police Court this morning when the Com. pany, summoned Huen Sheung Yick, proprietor of the Bata Shoo Store, 184, Wellington Street, for possession and use of Bats goods. Mr. Horace Lo appeared for the complainants, and Mr. F. C. E, Rendall, who tendered a plea of guilty, for the defence.

The Magistrate informed Court that 672 wrappora, one string, six receipt books, 26 price labels, seven receipts, ten boxes of advertising cards, 06 circular envelopes and 203 circulars, all bearing the name of Bato, had been seized.

SERIOUS CASE.

com-

COMMON SENSE.

POLICE RESERVE

were

It was merely a suggestion that he had paid the price In- stead of the penally and there- fore should not be subjected to any further persecution on that

ground.

Mr. Justice Lindsell: That is the English view of the law in that connexion but I do not think the Americans will regard it in the same way.

VALUELESS.

rc-

dim-

Report.

1 p.m. Local Time and Weather 1.30 p.m.

Rugby Prese Nows etc. A Relay of the Rotary Club Timin Speech.

2 p.m. Close Down. 4-30-7 Programme.

P.M. Chinese Recorded 7-10.30 p.m. European Programme. 7-7.45 p.m. A Concert. Voeni Duct A Paradise for Two

(Tate). Vocal Duct-The Keys of Heaven

(Broadwood)-Alico

And Stuart Robertson

C2014 Piano Solo Spinning Song (Wagner Liezt)-Ignee Jan Paderewski 1549 Song Tha Turo the Bo'sun Played Song-Harlequin (Sanderson)-Poter

(Loughborough) Dawson (Bass-Baritone)

Moxon

Cello Solo-Impromptu Pepper

and

B0070 'Cello Solo-Fond Recollections (Pop- per)-Phyllis Krasuter 4185 Vocal Duct I've Found A Whole Vocal Duot-Dainty Little Malden

World In You (Leslie), (Benley)---Winnie Melville Derek Oldham Planoforte Impromptu-Rocco

(Schult) Planoforte-Valse (Arensky)-Harold

Bauer and Ossip Gabrilowitsch

8102 7.43-8.15 p.m. From The Studio, Hawaiian Selections by Ho Yuk-lum

and Ho Yuk-ming.

B0716

8 p.m. Local Time and Weather Report Etc.

8.15-8.30 p.m. Vocal Goma. The Yeomen of the Guard (Gilbert & Sullivan)-Light Opera Company 01807 The Girl Friend (Rogers) Light

Opera Company

01399 Peggy Ann. (Rogore)-Light Opera

Company

C1390

8.30-10 p.m.

Bean is wanted by the Philippine posos, and Mr. Fraser submitted authorities for robberies of which that that was no ground at all. he was convicted five years ago,

The Court comprised the Chlef Justice Mr. J. R. Wood, and the If a man shouts himself or does Puisne Judge, Mr. R. E. Lindsell. away with himself in any other Appearing for the Crown when way for such reasons as general the case opened this morning was fed-up-ness, failure to meet his Mr J. A. Fraser, Assistant At- Habilities, fallure to get a job and torney General, tho prior to deal the hardships that may entail or ing with the facts of the case rited Mr. Lo stated that Messrs. Lo for fear of meeting a criminal the inws and conventions relating and Lo wrote to Messre. Ruse & charge or as some soldiers did on to habeas corpus proceedings and Co., who had instructions for the both sides of the front during the the treaty of 1842 between Great wart foar of being wounded or Britain and the United States #f defence, intimating that when the waiting in suspense for that, or America, pointing out where they

The Chief Jutice: The point case came before the Magistrate death, I should call it cowardice. were applicable in the present case.is entirely valueless, the complainant firm would ask the

JURISDICTION ISSUE. To most sane people, sujeide is

The next submission of tho court to inke

Mr. Fraser said the questions applicant was that the trial was #serious view, fa crime which can not be exeused. Some months ago an

According to English Law, should the Court had to old

decide were heard and sentence passed in his the would-be-suicide survive, he whether the maglatrate in the absence. plainant said Mr. Lo, entered into will be charged with having com-Court below had jurisdiction and

Mr. Fraser here stated that the agreement with

the defendant,mitted a criminal offence. To my whether there was evidence upon depositions showed that the trial Actually he had no power to make own mind only a painful, lingering, which he could commit. In his Won agreed upon in a

certain, the agreement,

and when his incurable disease would constitute jnfidavit, Besa had challenged the form between counsel for the two superiors came to Hongkong, they some sort of justification for tak-power to extradite on a number of parties. As far as he understood were duly cancelled. The arrange-ing one's own life. But for God's rounds. The first was that there Philippines Islands' law at the ment made with the defendant was sake please abstain from making Was unreasonable delay in the pro- end of any trial if the accused is that instead of standing on their heroes out of suicide-candidates.

ceedings before the magistrate. represented sentence would be own rights of cancelling the agree-

There was no delay, submitted Mr. passed by the judge Aitting mont altogether, they were paid

Fraser, for the magistrate In his and if the accused wne. $5,000 on the clear ynderstanding

notes, stated that the first in- presented or any point of they handed over everything bear-

timation the Government of the culty arose the judge gave ing the name of Bata.

Philippine Ialaris had of the accused, time, anything up to a the fugitive's arrival in the Colony was nonth, before passing sentence on on March 23 of this year. A letter him. The object of that respite was received from the Governor was two-fold. Ono was that it of the Islands on April 8 and gave the judge an opportunity of action was taken ut once. The making a considered judgment and reasonable was & matter entirely an opportunity to arrange his own question whether the delay was un- second that it gave the prisoner for the magistrate.

affairs. In this case something like five days were granted. The Bata Company had spent thou-ing Class for Water Drill will take extradition treaty between the the day act down for the sentence sands of dollars on advertising place as usual on Wednesday, June United States and Great Britain accused did not appear and a war- their goods. Although due notice 7th under Sub-Inspector It, J. itunt. did not apply to the Philippines and rant was issued for his arrest. was given to the defendant that Police Launch will leave Blake Pier he followed that up with submis-The warrant with which the court information had been receive fat 15.30 hours

It is most casions that the actual territory to that he was still carrying on the sential that all should make which the treaty applied was not obtained for the proceedings.

was concerned was one specially an effort to attend so as to com- business of Batu, he went on with-lete the course an early as possible. mentioned in the treaty; that at out the least regard for the com-

that time the Philippine Islands plainant. Many lettera passed be- CummendationConstable R36 Ho were not in the possession Bor tween Mr. La's firm and Messrs. Yiu-num is highly commended

by under the jurladiction of the United Russ & Co., who replied stating on. I. G. F. for zeal and alertnces in States; and that the treaty did their client had no intention of arresting a Chinese male who was not includo future colonies or doing anything wrong. Even he- sentenced to six weeks hard labour territories. fore they applied for a search for being suspected person under: On this point, Mr. Fraser said warrant, they warned the defend- the Summary Offences Ordinance. the treaty had been trented by the Part II-Training Course All re- Imperial Government as applying sruits will attend at the Chinese Com- to all parts of His Majesty's The case was serious, Mr. Lo pany's Headquarters on Tuesday, dominions and had been applied to contended. On the one hand there June 6th at 6.30 p.m. for instruction. Hongkong. It had also been ap-

Revolver Practice.-A revolver prac- were people who had rights to sell tice for the Chinese Company will plled in the United States to the the goods, and had spent much

take place on Thursday, June 8th. Philippine Islands by an act of money in advertising. The deat 6.30 pan. at Kennedy Rond Itange the 68th Congress, 1905. The fendant was coolly and systema under Sub-Inspector Hopkins. Only question of extradition, having been tically sending circulars to inform those detailed will attend.

accepted by the two Governments, people he sold Bata gooda, Be

as applying to the Phillipines, he naked his Worship to deal with

scbmitted that in the absence of the defendant as severely as pos-cruits of the Indian Company resid- any other evidence the onus was periods of limitation" of 20 years was held was true and lawful.

ing in Kowloon will attend 3, Chi not on him, Mr. Fraser, to dis-in the, casa of serious crimes, 10 Woo Street, Kowloon on Wednesday, prove the matter. June 7th. at 6.30 p.m. for instruction.

The complainant company was very big, with offices registered in many countries of the world.

The

ORDERS FOR THE COMING WEEK

nearest registered Bata company Mr. E. D. C. Wolfe, C.M.G., Inspector Police Reserve Orders by the Hon. Was Singapore, although the firm General of Police, state-

registered in Hongkong.

Life Saving Class-The Life Sav-

WAS

ant,

sible.

Mr. Rendall, addressing the Bench, said it may be that Bata Shop Company is the largest in the world. The trouble started in November last year, when a Mr. Tomas, a representative of the Bata Company engaged the defend- ant as an agent, as he (Mr. Tomas) had no meney, Shops were set up in the Gloucester Arcade, Kowloon,

Part

Chinese Company.

Indian Company

Training Course, All re-

Besa's second point was that the

ONUS ON CROWN. *

The onus

FIVE YEARS.

On

Mr. Fraser said he was not quite sure of the purport of the Paint in Best's amidavit that "dive years have gone before the at- tempt to extradite me."

his

warded Manila in March and

A relny of the Band of the 1st Bttn. South Wales Borderers con- ducted by Bandmaster J. L. Gocks, from Mount Austin Barzacka by Cour- tesy of the Omeer Commanding.

10-10.30 p.m.

A Relay from Daventry of Marok Weber's Orchestra.

programme will be continued until 11 (Should reception prove 'good, this

p.m.)

10.30 p.m. Rugby Press News. Clone DOWIL.

Local Programme are kindly supplied.

(All records in the above European

by Messrs. B. Moutrie & Co.

and added that his contention of unreasonable delay was based up-

on the fact that he was arrested in January and the enquiries were not made until March.

Mr. Fraser said it was true that Been was arrested in January.

If by this he meant that the Manila authorities knew of presence in Hongkong for five years before they took action, the The Manila authorities were com- point failed because the informa- municated with but they did not tion that he was here was for-take action until they found there was acted upon without delay. Onings in Hongkong falling through. was a possibility of the proceed- the other hand, if the point was The Chief Justice and the that since he had been absent from justices were not disposed to take Manila for five years he was not their time over their decision but now a subject for punishment, the

to give it at onec. In their view. point again falled. There were

the custody in which the applicant

The charge was an extradition one under the Convention of 1889 and it was one of which he had al-

and in Wellington Street. Defend-signation is effective as from April intimated that he would refer to years but he had been convicted steps taken in the present instance

ant had the responsibility of run- ning these places, and Mr. Rendall believed he also paid the ront. Apparently Mr. Tomas had 10 authority, to draw up an agency agreement. In February,

Mr. Karl Weles came and then the

trouble began as Mr. Tomus und Mr. Weins were putting one another in to gaol every other day. Mr, Rendall did not know if they ap peared before his Worship, but serious charges had been made. Defendant was turned out of hin

were quite regular.

years in the ease of less serious crimes, and five years in the case All recruits of the Indian Company The Chief Justice ruled that of petty offences but these periods ready been convicted. It also ap- residing in Hong Kong will attend Mr. Fraser was not relieved of did not commence to run while the peared that the Treaties and Con- Chinese Company's Headquarters, 17, onus. The

rom the Phi-ventions provided for the accused Queen's Road Central, on Thursday, was whether on all the documents lippine Islands and In any casu provided for the delivery up to

point to be decided fugitive was absent June 6th. at 6.30 pm, for instruction, and records before the Court the the 10 or 20 years limitation which justice of persons accused or con-

Emergency Unit Reserve

onua was discharged.

would apply to Bean, had not elap-victed of extradition crimes Reference Police Reserve Orders was on the Crown to prove that thesed.

committed within the jurisdiction published on May 22nd 1933 Lance custody in which applicant had

The sentence to which Best of the other State, and the formal Sergeant R436 R. A. Starling's re-been held was lawful. Mr. Fraser would be able was six or seven 12th, 1033 and not May 15th; as the matter at a later stage.

of another offence and the total previously stated.

also liability might now be nine years. In his application. Besa Mobile Patrol. A mobile patrol for stated that he was not an Ameri-

ENQUIRY MADE. the Emergency Unit Reserve will take

Bean was in custody in Hong- can national, Mr. Fraser re- marked that it did not matter kong on another case at the begin Whether prisoner was a national ning of the year and as he was a Philippine National, an enquiry vas made on March 28 of the Philippine authorities. Following on their reply, Besa was arrestod on another warrant on his release from the local proceedings.

place on Friday, June 9th at 6.30 nm. Members will fall in at No. 2 Pólico Station at that time, Dress-optional.

9gd, D. L. KING,

D.S.P. (R) Hong Kong, Tuesday, June 6th. 1933,

of

any country. There was no reservation in the treaty.

Besa's next point was that he had jumped his ball of

DAY BY DAY NEWS IN BRIEF

24,000

shop and was subsequently sued MEEKNESS IS THE GRACE WHICH, A woman earth-carrier, Leung Lee, by his folis for wrongful disFROM BENEATH GOD'S FOOTSTOOL, was seriously injured in a fall, from missal, his client having expendedLIFTS UP A CANDID AND CONFIDING new building in Bonham Rend, something in the region of $8,500. EYE, ACCEPTING GOD'S SMILE OF yesterday.

FATHERLY AFFECTION, AND ADORING

The evidence put before the magistrato was that a robbery, ac- cording to Philippine law, had been committed in Manila, and from that evidence, sald D. Fras- er, it appeared to him to umount to larceny undor English Jaw. Tho To-morrow_night's dinner dance at Extradition Treaty had been NOT COMPREHEND James Hamil the Repulse Bay Hotel will be extend-extended to the Philippine Islands ton.

ed to 1 am, and entertainment will in 1905 and that Act was produc- be provided by the popular dancers, ed to the magistrate. The real Don and Sally.

question involved was one of juris- diction, concluded Mr. Frasor, and Struck in the left eye by a stone he did not think it would be nocea-

THOSE PERFECTIONS WHICH IT CAN-

"DIRTY PIECE OF PAPER." Mr. Tomas's power of attorney Mr, Rendall described as a "dirty Plece of paper" which had no stamp. His client made claim for A destitute Chinese woman at $8,500 and was paid $5,000 out tempted suicide by throwing herself:

a married woman living at Namchang Street, Samshulpo, attempted to take

of which he had to pay rthi and from tho Yaumati ferry Man Ghee thrown by the of a number of missary to go into that very difficult wages and another claim. Even Voter Hospital. Rescued and re-chievous street urchins, Mak Tet, and involved matter if their Lord- tually he only got back into his moved to

destitute, was admitted to the Govern ships would accept his submission pocket $1,000, Ils client had Buffered enough and he really

After a family quarrel Ho Chin-fan, ment Civil Hospital, yesterday.

that whero a territory was part of wanted to get rid of the business

A workman at the Kwan Yick the territory of a State, and the Ho naked for a nominel frio.

her life by taking a big dose of Glass Factory at Samshuipe, was ade law of that State was also there oplum. She was removed to the mitted to the Kwong Wah Hospital in force, these two factors deter- Mr. Wynne Jones pointed out Kwong-Wah Hospital in a nemi yesterday, with thres fingers of his mined the law as far as extra- He had concerned. that Bata waa well-known, and it conscious state.

right hand crushed through being dition was was his duty to protect the public.

| caught in a punching machine.

alroady proved that the Philippine What hard luck the defendant may A fine of $100 or two months' each

Islands were part of the territory have suffered he was not con- was imposed by Mr. Wynne-Jones Charged with the theft, by false of America and were governed by corned with. The proceedings this morning on two Chinese women protences, of a mah Jongg act, and the laws of Amerien. wore takon before him for the who kept houses of ill faine at 12, a table top, a Chinese, aged 22, was

BESA'S STATEMENT. protection of the public more than Peel Street and 150, Hollywood Rond, fined $50 or one month's gaol by Mr.

Applicant was then invited to the firm. He imposed a fine of rospectively. Four girls were found Wynuo-Jones in Court this morning make a statement and he repeated in each. The usual order for closure Defendant obtained the set on the the points outlined by Mr. Fraser $100 with $75 costs.

of the floors was granted.

pretext that his "master", wanted it.

APPLICATION DISMISSED. There did not seem to have been any unreasonable delay and in any case that was a question in which the magistrate could have exerclaed his discretion. The time to appeal for a writ of habeas corpus was when the delay was occurring. The custody in which the applicant was held was lawful and just and the application for writ of corpus was discharged..

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