1935-09-17 — Page 12

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CASINO MURDER CASE

Metroi

بادرد

Fl

Alaur JAJKANA KRIPWORTH brunej Buat Rugboat

Summer Pricos: Matinoes, 20c.-302. Evenings, 20c.-35c.-55c.

The MING YUEN STUDIO has removed to the 3rd Floor of.. No. 6 Queen's Road Central.

JUST OPPOSITE the Dairy Farm's Soda Fountain.

THE

HONGKONG

PEIPING COMMAND

GENERAL SUNG UNLIKELY TO

.TAKE POST

Tlents, Sept. 16. Although arrangements have been made by the Pelping, Authori ties for his reception whether General Sung Chch-yuan, the New Garrison. Commander, will assuine office or not is still a mystery.

General Sung was Chairman, of the Charhar Government but was dismissed by the Nanking Govern ment in connection with the Charhar incident. He was ceeded by General Chin-Teh-chun, but was later appointed Garrison Commander of Tientsin and Pal- ping. It bellowed, however, that this was not acceptable to the Japanese Authorities.

Buc

It is also reported that the Gen- eral is planning to transfer his well trained army from Charhar to but the Tientsin, Poiping and Japanese have protested.

it is generally believed here that General Sung will not assume office unless the Japanese. Military Au- thority withdraw their objections Interviewed by the local press the General intimated that he would probably delay his departure for Pelping as he is suffering from a cold.-Wah Kiu Ya! Po.

WANCHAL MARKET

NEW BUILDING TO

COMMENCE SOON

Work on the construction of the Wanchai Market is to commence very shortly. Hoardings have been erected enclosing the site, which is opposite the present Wanchal Market, an unsavoney building long overdue for demolition," as it has been described in Council.

The market fa being constructed on the old site of the Kuhlan Monument, which now standa opposite the Police Recreation Club in Happy Valley,

In preparation for the construction a retaining wall has been built and completed below the Naval Hospital

bank.

Estimated to cost $90,000, the new market will be two storeys in height with a basement under about half of the area. There will be accommoda- tion for the caretaker, and the market will house a total of 86 stalls for fish, meat, vegetables and poultry.

Central Market.

TELEGRAPH. TUESDAY,

COURT QUASHES CONVICTION

INDIAN CAR-CLEANER'S APPEAL SUCCEEDS Holding that the Magistrate Mr. E. 1. Wynne-Jones had misdirect ed himself in refusing to hear relation- evidence regarding the ship between the complainant and the defendant, the Chief Justice, Sir Atholl MacGregor, and the Puiane Judge, Mr. Justice R. E. afternoon, Lindseil, at the Court of Criminal

yesterday Appeal allowed the appeal brought before them by Pahlwan Kiran, in Indian car-cleaner, against his tion on a charge of larceny.

The appellant was represented by Mr. Lao D'Almada e Castro, ja instructed by Mr. M. A. da Silva: and end, Fresc, far the respondent.

Mr. J. A.

the Crown.

one

convie-

on the

Reviewing the case, Mr. D'Almada sail the appellent was a car-cleaner and lived at. No, 5 Park Street, having two different cubleles, second floor and one on the third. Ila was charged before Mr. Wynne-Jones a Kowloon Mgistracy with larceny of n suitcase, estaining clothing Jewellery from a woman named So Mui who lived on the second floor.

The notice of appeal filed by the the following mut appellant set grounds, for the appeal, amely, that tite suit there was no evidence that case, containing the articles mention- ed, was stolen, and that in fact he

not steal it. The appellant sub- mitted his grounds on the notice of appent without any legal advice; fact the real ground for the appeal was that he was not properly con sidered by the Magistrate. The de- fence was one of claim of right, which, in, this case, depended entirely on whether or not the appellant believed that he hid a right of some sort to the sultease and the articles which it

complainant contained. The

the mistress of the appellant.

Three Views

Way

SEPTEMBER 17,

BRITISH TRADE

DIG INCREASE IN EXPORTS

London, September 15, Board of Trade return for the first eight months of the current year show exports totalling £277,737,000 representing an increase of £22,646,000 or 8.8 per cent as compared with the 1934. Re- first eight months of exports at £30,744,000 in same period for the eight months period standing.

п smnil Te are £312,000 higher, while importa at $470,002,000 show duetion on last year of £301,000.

The apparent adverse balance for to £104,- the eight months amounts your the

Evidence which was $11,000. At the end of August Inst $1870 verse balance the latest returns afford that in continuing satis. dustrial recovery in factorily is regarded by commentator, many ad- na astonishing in view of verse conditions still impeding Inter- national trade.

καλά of The Times says that if this

1935 nx a improvement continues, whole will show an improvement of over seven per cent. in exports, com

ered with 1034, and since Increases Are taking place mainly to countries no es the gold standard, improvemen in valou represents real impi ment tor by fansitory effects of currenty in volume, and is not to be accounted depreciation.--Briliah Wireless,

ROUGH WEATHER

were

BIGH TDIES AND GALES. IN BRITAIN London, September 10. Exceptional high tides

the British and many yesterday, experienced around. coasts thousands of people gathered to witness the tidal bores in the estuaries of the Sovern and Trent Rivers.

Banks and lower road ways were flooded.

food AL Barton-in-Humber, waters burst the wall and caused much damage to thirty cottages. and their contents.

and

In coming to his decision, the Magistrate must have taken one of

and iC A wind of sale force was ex- the following three views. Firstly, ho belloved the mistress's story,

#mall vessela he did so he paid insufficient atten- perienced in the English Channel tion to the evidence as to claim of yesterday, right which was enough at least to sought shelter.

the No serious damage to shipping raise a doubt. If that was not case, he must have believed the misis reported.-British Wireless, tress's story and misunderstood the claim of nature of the defence for right. Secondly, the Magistrate must

A total of $30,000 is to be expend- have found that there was no sem;

of

the Central

MACAO'S GOVERNOR.

This

of

was taken away by the appellant there were 20 pieces in it. The com- ed on long-needed improvements to blance or any basis for the claim of plainant ulso mentioned that there point, counsel sub was jewellery in the suitcase, but the re-laying of the drainage systems at the Magistrate's decision

none was subsequently found. Coun- for the western half of the market, was unwarranted in view of these suggested that the appoliant might the installation of stalls in that evidence of the case generally. The have taken them away, and if this It constituted a prima facie section of the ground floor, and in third possible lino the Magistrate wos MD, terior flood-lighting for the whole of might have taken was that he the ground floor.

entirely the question of claim of right, case of larceny.

Referring to the question of claim If that was the case, ho was entirely of right, Mr. Fraser said that it was

11106t im-

nothing wrong, as that was the

a matter for conjecture as portant point for the defence.

about it was mentioned in the de- positions. If it was a question of fact, Counsel submitted that Continuing, Mr. D'Almada sald that Lordships had no power to interfere Magistrate's notes as he he learned from Mr. Praner that when with the the appellant appeared in the lower was the sole judge of fact. The only Court he informed the Magistrate matter for the defence which was in- that he had two or three witnesses to consistent with the prosecution was prove that the complainant was his claim of right. They agreed on all mistress. The Magistrate, however, other matters with the exception of

that ruled the evidence out, because thought it irrelevant.

ADMINISTRATOR TO CONFER AT LISBON

Evidence Not Beard

On a special request from the Colonial Minister, Ills Excellency, Lt. Colonel Jose Bernardes de Miranda, the Governor of Macao, will be proceeding on homo leave for a conference with the Colonial Counsel submitted that the Magis- their Lordships not to be influenced Minister, says the Canton Daily trate was wrong in excluding and on this point by the suggestion that ignoring this evidertec, as it would, the Magistrate told the appellant he

Saul

His Excellency will be leaving Macno on September 20 and will board ss. Ranpura at Hongkong the following day.

with the Minister.

over.

க

During His Excellency's absence, the Colonial Secretary of Macno, Dr. Jono Pereira Barbosa, will be administering the government.

LAND TAXATION

IMPORTANT CHANGES IN

KWANGTUNG

In conclusion, Mr. Fraser asked

ALHAMBRA

PERFECT JOUND AVIOH NATHAN ROAD KOWLOON MOST POPULAR PRKES LAST TIMES-TO-DAY At 2.30, 5.20, 7.20 & 9.30 p.m.

WHERE IS THIS LADY

Wilh

MARTA EGGERT

REW HUNGARIAN VEREEN

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OWEN NARES GEO.K.ARTHUR

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ANN SOTHERN HEIL HAMILTON PAUL KELLY

FROM THURSDAY ! RETURN OF PARAMOUNT'S "OLD FAVOURITES”.

COMMENCING WITH

“MURDER AT THE VANITIES"

TO-DAY G

in all probability, have inade all the did not wish to hear any of his wit- TO-MORROW difference to the case.

Referring to the grounds set out in the notice of appeal, Counsel stated

woman.

at

nesses.

you

cun-

have

Д

IT'S

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GOT EVERYTHING!

CARNIVAL

İLETİ TRACY SALLY EILERS KAJIMMY DURANIE

NEXT CHANGE

Shirley Temple in "BRIGHT EYES”

OVER 200 GUESTS

LARGE PARTY ARRIVING ON PRESIDENT GRANT

►

will continue around the world from Manila. His party includes Mrs. Howard, their daughter, Miss Jane Howard, and Mr. and Mrs. Jack Howard.

On his visit to Japan.two years On her return from America the ago, Mr. Ray Howard was received

Conviction Quashed taken In allowing the appeal, the Chief Several matters in connection that the suitcase was in fact not all justice said the appellant was

from the complainant's cubicle with progressive development of The article had been in appellant's victed by the Magistrate at Kowloon the Colony of Macao require to be

room for the last five or six months. on a charge of larceny from a dwell- xeussed personally and that

uiting house and sentenced to three No jewellery was found in the suit- why His Excellency is procceding case, and all the evidence of the months hard labour. The Magis

being

there was trate's notes were not so full as per to Lisbon for an urgent meeting Jewellery, the complainant only. haps they might have here one

that of flis Excellener is expected to re- When charged, the appellant's state-facts were very few indeed. The ease This suitcase was in my for the prosecution was that the com- a suitcase which con- turn as soon as the Conference is ment was:

room before. I know nothing about plainant had other things. In short, I did not steal. tained certain articles of clothing and On the certain pieces of jewellery. morning in Evidence Analysed

question the appellant was the com- Counsel then went on to analyse the seen by two small girls quite openly evidence. Dealing with the question removing the suitcase from of claim of right, he stated that the plainant's cubicle, and he took it into appellant when charged, said: No, his own room. The complainant was I did not steal. They were purchased toll of this, had an interview with appellant and at that Interview the

"I in my kept.

the by nie. This woman

appellant sald: When he was accosted by the com- lost anything you had better go to the

police. plainant after the little girl, Mah Ng

The complainant had stated there had alleged that she saw him taking the suitcase away front under the were 20 pieces of clothing and Canton, Sept. 16.

complainant's bed, appellant said: If quantity of jewellery in the suitcase. But when it was subsequently search- Large guna are expected from you have lost anything, go ed only eight pieces of clothing were President Grant, which left hero in audience by the Emperor. the land tax, which is to be Police.

The newspaper group of the collected by the magistrate of each Counnel submitted that if the found, and no jewellery was

dicate

the other morning, will bring 20 prominent President Grant will include Mr. the appellant had committed larceny he covered. There was nothing to in-for San Francisco on Saturday what happened to county, in substitution for

or 12. pieces of the clothing the American publishers and editors Paul Patterson, publishor of thi would not have made much remarks. various petty land levies,

The appellant hat! persisted The magistrates are instructed

appellant's case was that the and their families.. The ship is Baltimore, Maryland, Sun, ong of the leading newspapers in the by the Provincial Department of throughout the cane that he gave 320 Jewellery

a month to the complainant, and that relations between the complainant and due to arrive here on November United States, who is also a Finance to prepare record books the articles were purchased by the himself were those of mistress and 1. and will leave next day for directer of the Associated Press and to fill in monthly returns of

with complainant his mon

There money.

man. Recently he realised that she Manila. The liner will also bring and former president of the taxes collected.

was amplo evidence upon which the It Is estimated that about $10,- Magistrate could have found that was going to bo takon away from him Vice-President John. N. Gardor American Newspaper Publishers*

that and decided that ho was not going 000,000 a year will be realised from there was some relationship between to let her have the articles which he and a party of 50 Senators, Con- Association. Ho will return to Grossmen and their families. Japan: för a visit of tave nvecka the appellant and the complainant paid for.

en route to with his nephew, Mr. James R. groups are the appellant took the

Manila for the big independence Young of Tokyo.

It is also reported that Mr., The Magistrate mude no mention and inaugural celebration to be

Arthur: Brisbane, editorial writer a bona fide belief that he had a clain In his notes about the question. of the hold there in November.

cinim of right, apart from the follow

Before the party arrives, an-for the Hearst Newspapers and of right to the article.

In conclusion, counsel submitted ing eight words uttered by other American publisher, Mr editor of the New York Daily that there was the possibility that tho pellant: "x did not buy them, the Roy W. Howard, and his family, firror may arrive with the news- Magie queion of claim of right or therefore, that the Magistrato camo Honolulu for a visit of several number of equally prominent Magistrate either took the wrong view bought them. One had to infer,

will reach the Far East from paper party, which includes a to his decision on these fow words. ignored it entirely..

Dut reviewing the evidence as a weeks before going on to Manila editors making their first visit to whole, Magistrate could not come Mr. Howard, who is chairman of

this source,

to the

Collection is based on ownership | Furtheroenly in the presence

suiteano

of

of land, and ownership of land is two girls, and the reason why he did now stabilised and recorded by the

80, counsel contended, was that he had provincial authorities.--Special.

Crowa's Reply.

to

Magistrate Wrong

dis-

Both

himself newspapers, former president of

PACIFIC DEFENCES

CONVERSION TO HEAVILY

ARMED FRONT UNGED ·

i decision on this alono, and the board of the Scripps-Howard/the Far East. Los Angeles, Sept. 17.

For the Crown, Mr. Fraser.

The entire party, it is estimated, Representative Tilman B. Parks,

sub therefore he had miserforlod

the United Press Association and will number about: 200 persons Chairman of the Houge Military mitted that there had been corrobora- The appeal must be

tive evidence showing that the ap Mr. Justice Lindsell concurred, and sub-committee, stated here to pollant did take the suitcase away added that the Magistrate had no former head of the Newspaper who are making the round trip to that he will urge the converalon from the complainant's bed. The to refuse to hear evidence in Enterprise Association, who has Manila na guests of the Philippine

appellant had stated in his avidence

the relationship of the com-visited Japan on several occasions, Government. that when the complainant asked him plainant and the appellant, if the de- 1,900 mile front bristling with back for the suitcase he refused, fence had put forward the question Printed and Published for the Proprietors by FREDERICH PRAY. heavy armaments and capable Eight pieces of clothing were found of claim of right

by Mr. FRANKLIN, at 1 and 8, Wyndliam Street in the City of Victoria of resisting any foo-United inside the sultense, but the complain- An application for costa

Hongkong. ant had stated that before the article...p'Almada was refused. Press

of the "virtually non-existent Pacific coast defences"

Into