1934-10-11 — Page 17

NULLAH TRIAL APPEAL

ADMISSIBILITY OF EVIDENCE

CROWN ANSWERS DEFENCE PLEA

The admissibility or otherwise of the evidence of Mrs. Fairburn, the Crown's most important wit ness in the absence of Mary Pine, was dealt with by counsel in the continued hearing this morning trial of the Nullah murder appeal.

Appellant is Ng Loi-yuen who

death by was sentenced to

the

THE HONGKONG TELEGRAPH.

UMPIRE WHO NEVER

ERRED

FINED FOR BAD LANGUAGE

LONDON STOCK

EXCHANGE

LATEST SHARE

QUOTATIONS

on the

The following quotations London Stock Exchange have been received by Messrs. Swan, Culbertson and Fritz in conjunction' with Reuter. -British Government Securities. Detroit, Oct. 10,

Oct. 9. Oct. 10. William Klem, famove to thou-War Loan 31⁄4

redm, after 1062 £105 £100%. sands of Americana as the senior National League baseball umpire, and whose greatest claim to fame has always been that "I never made a mistake in all my games", kas blundered finally.

He has been fined $60 by Base- ball Commissioner Landia on a charge of using "over-ripe worda" to a player, Goslin, of Detroit Tigers.

This is the first time in fourteen Chief Justice, Mr. A. D. A. Mac-years that such a penalty has been Gregor, on September 9 for the given to an umpire.-Reuter,

murder of Michael Pine by throw-

ing him into the Albany nullah on June 21, and an appeal against the

sentence was begun on Monday ba questions of fact and law.

Mr. Justice Jacks and Mr. Justice J. J. Hayden comprised the Court of Criminal Appeal.

Assistant

Mr. J. A. Fraser, Attorney General assisted by Mr. 15, J. Lockhart Smith, appeared for the Crown, and Mr. T. P. K. Kemble, of Messrs. Wilkinson & Mr. R. C. H. Grint. Instructed Lim, Counsel for the accused.

BANDITS' CAPTIVES

WOMAN CARRIED INTO SZECHUEN

TWO BRITISH MISSIONARIES

Shanghai, Oct. 11. Advices reaching here from Yun-

stale

COURT'S POWERS. Dealing with the point raised by appellant that in the almence of Mary Pine, the main witness for the Crown, the evidence of Mr.. Fairburn should-not-have been put to the jury, Mr. Fraser said the point was not raised, as it should have been, at the trial, and it was not competent now for the Court of Criminal Appen to deal with it.

He submitted that the evidence was admissible as part of the Crown's case and also as showing how accused got into the nullah; defence the rebutting

and GA theory.

"She said she saw him throw two children into the nullah and jump Where are we going in hiniself. to stop If we are going to exclude such evidence rea peatue?" asked the Assistant Attorney General.

Are

414

Elec. that Miss G. Emblen, Associated

Industries A. Hayman and Mr. Rt. A. Bog

(Bearer)...... hardt, missionaries in bandit hands British-Amer, Tob...

being carried towards Sze- chuen, stronghold of Communists.Chinese Eng. and Min. (Bearer). The three were captured by the Tate & Lyle .... bandits about 80 miles from Kei- yong, at a place called Kinchow. Distillers It was at first believed that Miss Donlop Rubber Emblen was an American citizen Everreny - sh. but it now la disclosed that she General is registered na n British subject at the Yunnan consulate offices.—

Reuter.

BOY KING GUARDED

(Continued from Page 1.)

Courtaulds

THURSDAY, OCTOBER 11, 1984.

NEW YORK STOCK U.S. COMMODITY

EXCHANGE

BETTER MARKET

YESTERDAY

The following reports on the New

PRICES

LATEST CABLED

QUOTATIONS

New York Colton.

Messrs. Swan, Culbertson and Frila have received the following quoin. York stock market have been received tions on the Now-York exchange for through Mesura. Swan, Culbertson yesterday. and Fritz: The Wall Street Jour. nal report on yesterday's markets:- Stocks were upward' and 'experienced the mont netive trading day August, 22nd, due to reports that the December

seeking higher January Administration is

Hince October

May

King

price levels, plus the fact that Wall March Street la convinced that the July

Spot ninilons or M. Barthou and Alexander will not develop any serious repercussions, for which reason shorts October covered. Speculators continued to December buy low-priced mercantile issues, January which accounted for about 36 of March

Bullish May the day's trading volume. news included the heavier dethand for July good whiskles and that the Bell Tele- phone Companies are reported to be

Bonda were ir-December Parning dividends.

Foreign Issurs recovered, May regular due to the subsistence of nervousness July regarding the European situation. jesucu United States Government eased after advancing. Wheat prices December were upward, due to reports that the May Administration is seeking higher com- July

Totni modity prices.

11.02

Oct. D. Oct. 10. Clone Closing

Range 12.12-12.12

12.03

12.07

12.14.

12.10-12.21 12.24-12:24 12.33-12-34 12.23

12.08-12.40 12.40-12.41 12.20 12.26 12.40 New York Rubber ·

13.40- 18.74-13.74

13.69

13.05-13.98

13.80

14.00-14.00

14.09

14.35-14.37.

14.28

14.68-14.58

14.52

14.80-14.80

. Chicago Wheat

06 074 91-

80-904

Tatal sales:-301 lots

1 80%-90% 04-04% Tuesday's sales-17.767.000 bushels

Chleage Corn

74

ales:-9,780.000 bushels

S. C. & F. New York office cables: October The stock market recovered well on December improved sentiment regarding foreign May and domestic news. Newspapers are

October stressing the assassinations of M. Barthou and King Alexander of Yugo March

opinion May Slavla. The consensus of indicates that there will be no Inter-July

The Auto- Total males:-6,000 tone national complications.

New York Silk mobile Manufacturers' Association re

output was December ports that September 113,380 units, a decrease of 326 February

de April

1.16 compared with August and

September against

Total sales--- 93 lots crease of 23: inst year. The Continental Can Co., lias declared a dividend of 60 cents share the Edown Electric. In- stitute reports the electric output up 0.8% for the week ending October th, as compared with the correspond. The "Iran ing period of last year.

A

Age" reports more cautious buying

of steel, owing to the uncertainty of Paris price movements. The Electric Bond Genova.

12 months ended September 30th Helsingfors

totalled 10 cents per share, against Oslo

.12 months, Athens 41 cents the previous United States Steel Corp.'s Septem. Milan.. her shipments are at 7,100 tons to Buenos Aires.

Shanghai Washington reports 370,300 tons. indicate that the Government in seck. New York. ing higher prices, with stabilization Amsterdam.

Business Vienna at satisfactory peak.

Prague.. done: 000,000,

Bucharest

14.96

Whiteaways

FAWAY LAIDLAW & CO LTO

BLANKET TIME

IS:

HERE.

· BETTER VALUES THAN EVER

By placing our contracts with the manufacturers for 40 stores our London Office was able to obtain Special values and rates. This advantage we now pass on to our customers.,

BLANKETS

OUR

LEADING VALUE

Best Witney make Pure Wool. Whipped singly. Striped and Size 63 by 83 inches. For Single Beds,

Chinese Bonds.

Bonds, 1898

(Eng. Ins.)

101

£101

Loan 1908. £ 93% Loan 1912... £ 72 5, Reorg. Loan

£934 £ 72

193 (Ln. Inn.) £ DG

£ 5

6

Bonda 1925-47 & 01% Shal-Nanking

£ 91

ly £71

£,71

Tient.-Pukow

Rly....... £ 27

Tient.-Pukow

£ 27

Railway (Supt. Loan)

....... 24

£ 22

5 hal-Ifehow.

Ningpo Rly.

£100

£100

anan Rly... 24

£.24

5

Hukumng ty.

769-75%

1811

£ 36

£ 16%

6

Lung Taing U. Ini Rly. 1913.. £ 16

Foreign Bonds and

int, Germay 742

70% 70%

7844-7814

7815-78%

£ 10% Banks.

Winnipeg Wheat

77% 78% 81

804-80% 81 -814 804-80%

Lonn 1924

62%

Japan 5 Sterling

Loan 1007... £ 79% Japan 6 Sterling

£ 91 Ioan 1924 ... H.K. & Shri Bk.

(Lain. Regd.) 137% Chartd, Bk. £5 h, £ 16

63

€ 79%

£ 90%

£137/2 £ 15%

New York Bugar

Price $19.50 Pair.

1.80

1.88-1.88

1.83

1.81-1.82

1.80

1.84-1.85

1.90

1.80-1.80

OUR SUPERFINE “WITNEY" BLANKETS

1.13

Industriala and Breweries.

1.15

1.132-1.14 1.14 -1.15 1.1634-1.10%1⁄2 |

A Beautiful Soft Quality Size 63 by 83 inches

74 by 94

/-

227- 1247415 123/115

82 by 98

"

$29.75 Pair

37,50 47.50

*

EXCHANGE RATES-

25/3

25/-

15/1

90/-.

46/4

40/3

Oct., 8.

Oct. 10.

9076

01/3

74.1/32

74.1/32

10/44

497-

14.0944

Bound with White Satin end.

26/10

20/10

Electric

& Share Company's earnings for the Berlin.

12.13

12.14

2201

2201

(England) Boots 57- sh, .......... Impl. Chem Imi. Impl. Chem Ind.

16/0

45/0

19.00%

19.901

Size 63 by 83 Single Bed

4579

45/0

610

**

36/6

36/44

17

$2

.30%

2014

Def. 10-b... Impl. Tolaces.. Woolworths

9/-

971

170%

Holiday

OUR "DE LUXE” MERINO BLANKETS

Guaranteed all pure wool, with a beautiful soft fleecy plle.

83 by 104 Double Bed ... 89.50 •

CHILDREN'S MERINO cut blankETS

$59.50 Pair

1337-

132/6

.4.91%

4.00%

Internat.

5/-

Nickel

.7.20

7.20%

101/0

100/3

20%

26

Size 31 by S1 inches

... $11.50 Pair

116.13/16

117

# par vai

$ 21% $ 24

Pinchin Johnson

10/- sh.

43/9

43/6

51/-

502-

Unilever

28/3

2376

New York and Chicago commodity Madrid..

through Mesari, Hongkong reparts received

Brussels. Swan, Culbertson & Fritz:

Stockholm

490 35%

490

• 35

1/7

Holiday

Miscellaneoun.

.20.91 .10.30% $22.40 ,110%

20.00

19.3032

110

Anglo-Dutch Burn Corpn. Rs.

10....

Pacific Canadian

***

25/414

12/14

25%.

12/3

$134

20/6 20/6

1979 19/9

9,9

9/14

32/3 #2/6

11/4 11/4

27- 32/44 57/- 63/9 6371%

.1/0.1/16 .172.1/16

1/6.1/18

1/2.1/10

.4%

.39% Montevideo.

39.16/10

were

Belgrade Montreni Silver (Spot)....22% Silver (forward).23 War Loan.

214 .4.80%

105% .105 -British Wiretour.

$2.40

FIRST FLOOR SHOWROOMS

Whiteaway, Laidlaw & Co., Ltd.

and

MRS. MOTONO

Hand and Electric MassUGO

215

and Electric Heays Holder at 4.801 Diploma

23

Rycho Kenkyusho (Tokre Electrical Cars inatitle) and the Hongkong Government 23.7/10 Licente.

and Certifexta of Tokyo Denk

81B, Wyndham Street.

THE NEW FRENON RIMEDY.

THERAPION N0.1 THERAPION NO.2 THERAPION NO.3

No. 1 for indiat Calarth. No. for Blood Min 21smann Ma. & for Chavnto Wa Keglish Iron 34 Chaphie, uralther M.

DR. LE CLEND Mad Collavarstock Rd.N.W.B,Londen DR.LE CLERO'S FILLS for theliver śkidneys-wesickidneysAbikaldar

2/m

327- 671-

Oct. 9. Oct, 10.

Industries .....

|30 Industrials

11.74

93.75

31/731-

120 Rails

35.11

36.15

·

20 Utilities

19.61

19.89

Oils.

40 Bonds

92.68

02.79

46/7 457-- 81/100 78/0

11-Commodity Index 57.72

58.68

17 Leading Stacks.

Oct. 10.

£ 2244

Amer. Can..

100%

Amer. Smelt & Ref.

36

Amer. Tel. & Tel.

111

Auburn

25%

47

Du Pont

Elec. Bund & Share

10%

General Motors

304

Int. Tel. & Tel. McIntyre

9

46

29

134%

101

33%

.32%

It's the

finer flavour!

Mi.

The submission of the defence, that three children fell in acci- where the body of her husband lay Turner & Newall dentally, was not so consistent with covered with the Yugo-Slavin ing.

that the theory

This evening Her Majesty was accused pushed

escorted lo period of time

Paris by Monslear them in, as 12

with his Tardieu and other members of the elapsed commensurate

Government to receive having to catch the children and French

The King Peter. push them in one at a time.

The body of King Alexander Crown case was prima facie

was placed on the Yugo-Slavia case without this part of Mrs. Fairburn's evidence, as accused had destroyer Dubrovnik which this afternoon left Marseilles, escorted been seen on the bridge.

by French warships, for Yuge- Slavia,

I

a

Mr. Lim submitted at this point that evidence of similar act. viz. throwing two children into the nullah, could not be admitted unless a prima facie case had been proved in respect of his throwing the other children in.

SUFFICIENT EVIDENCE.

|

|

MESSAGES OF SYMPATHY. Among many callers at the Ritz Hotel this morning 10 expres sympathy with Queen Marie of Roumanla were the Duke of Kent and Duke of Connaught.

|

Rly. $25 $ 184 Clarid, 15-

Bearer) Gula Kalempong

Rubber... Trepen Mines 5/-

. ... Langlangte Estate 10 London Tia Pekin Synd. 9- Rubber Trusts

ord. *.

Shai Elee, Constr. A personal message of sympathy Van Ryn Deep... witlowed | Electric Musical the has been sent to

of Queen Marie by the Prince Wales.

(Deferred). 1234

In reply to Mr. Justice Hayden, Mr. Fraser said there was auf- ficient evidence in the case apart from Mrs. Fairburn's testimony, and it could not matter in what The following telegram has order the witnesses were placed. -been addressed to the Yugo-Slavia | Anglo-Persian Oi

"If you excludo the evidence of Minister for Foreign Affairs: these two children being throwns Majesty's Government in the in, the Crown case is still the same United Kingdom has received with because you cannot exclude her consternation news of the assassing evidence that she saw accused on ation of His Majesty the King of the bridge," he added.

Yugo-Slavia anil desire to express their abhorrence of this crime and their deep sympathy with the Government and people of Yugo- Slavia their great national loss."

British Wireless.

were

Later Mr. Fraser said that Mrs. Fairburn had said that she saw accused throw two children inte the nullah. He submitted that one of the two may have been Michael Pine. Sho was convinced that they the same children but she had no renaon to be convinced because she did not then know that other children were in the nullah. It was quite open to the jury to draw the Inference that either of the children was Michael Pine and that, in itself, was a ground for the admission of Mrs, Fairburn's evidence.

WEIGHT OF EVIDENCE. Mr. Lim interposed that if it had been put to the jury in this way: "Was one of the children Michael Pine?" and they had answered "Yes," then the verdict would have been against the weight of the evidence. The evidence of Mary Pine was that the last two thrown in were two girls,

Mr. Fraser: That evidence is not before the Court.

+

Mr. Justice Jacks said the appeal must, be confined to the Judge's summing-up.

LADY TEACHER

* DROWNED

KOWLOON TONG POOL

TRAGEDY

Whilst bathing in a pool at Kowloon Tong at 6 p.m. yesterday, Miss Lo Pul-yuen, a school teacher, of 42 Wyndham Street, cidentally drowned.

was ne

The body was later removed to the Kowloon Mortuary. No details of the mishap have yet been made public.

IN WIRELESS-TOUCH_._.

The following ships are expect. ed to be in wireless communien- tion with Hongkong to-day:- Tilawa, Terukuni Maru, Helikon, Haiyang, Porthos, Seattle, Achilles, City of Khois, Jufuku Maru, Isabel Moller, Silver Sandal, Linald, War "Sepoy," Sensan Mara, Van On the point of mentioning Mary Heatsz, Hongkheng, Foylebank, Pine's evidence in his opening, Yochow, Glenardle, Apocy,

Mr. Fraser sald objection should have been taken to the evidence at the trial, if at all.

Mr. Fraser said that some of what

ho had mentioned had been later The Empress of Canada is due here contradicted by Crown witnesses, at 4 p.m. on Friday.

and as to the remainder, the Court judiced. by the accidental mention must considor whether the minds

then went fur

of the jury must have been in-of certain facts, and in this case fluenced by it, or whether there he himself and Mr. Lim and the were sufficient other grounds on trial Judge had warned the

Mr. Fraser

Oil... Southern Railway Royal Dutch 100

£ 20 th, who can € 20%

and Shell Trans

Tra. 1 Benzer} 47/6

48/14 28/14 28/14 Geldenhuis...... Crown Minen 197...

2507... 2507-

sh.

is

Catton: The reported Government Copenhagen price attitude corrects the false and Lisbon upposite impression and stimulated Bombay. buying. Hedging

apparently Yokohama diminishing under the 12-cint loan Itto... basis. The autlool: has improved.

Grains: The Governinent estimale expected. was about an had been The wheat and earn markets

A bullish ont bullish on reserves, market, dry weather in the South- west wheat belt and unfavourable conditions in Australia are aff Iracting the attention of the market."

at-

Kubber: There was a scarcity of offering and some Trade buying was in evidence.

Dow Jones Averages:

J.I. Case

Two returned banishers, Chat Montgomery Ward Kum-wah, abi Yeung Tai, were Nat. Distillers aentenend to twelve months hard N.Y. Central labour by Mr. Unmilton in the Cen-Socony-Vacuum tral Magistracy this morning on Union Pacifie charges of disobeying their deporta-U.S. Steel

West E. & M. tion orders.

DINE AT THE—

KING'S

-AND ENJOY YOUR MEALS,

Morning Coffee

Tiffins

Teas

Dinners

Table d'hote-and-a-la-carte-

Prompt Service,

off to

Mezzanino G-1st Floor, King's Theatre Building).

which they could base their decident with the misdirection alleged sjon.*

JURY WARNED.

by appellant, and pointed out with authorities, that misdirection was A conviction could not be not a ground on which a.conviction

quashed on this ground if the jury wure warned against being pre-

could be quashed...

The case is proceeding.

914

+

CAPSTAN

EB-1309

//METRO GOUAGE MAYER",

STAR

|Maareen Okulirvan

for

Navy Cut

· Cigarettes:

Quality!