1936-03-12 — Page 24

Hongkong Telegraph 港電新報 士蔑新聞 All

12

THURSDAY, MARCH 12, 1936.

THE HONGKONG

TELEGRAPH.

NAVAL

KINGS APPEALS

SHOWING TO-DAY

At 2.30, 5.10, 7.15, & 9.30 p.m.

Will Rogers STEAMBOAT

ROUND THE BEND

Will Rogers and, Irvin S. Cobb motch laughs and steam-

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with humor-of the old, Mississippi:

A FOX PICTURE with CANNE SHIRLEY. ARVIN S. COBB EUGENE PALLETTE EPIN FETCHIT

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ALSO BJSTER KEATON The Frozen Face Comedian

in "HAY ELD ROMANCE" AND SPECIAL FOX MOVIETONE NEWS SHOWING HIGHLIGHTS FROM THE COLOURFUL CAREER OF M, M. KING EDWARD VIJI

QUEL

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SHOWING TO-DAY

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AND WITS WITH HIS 'NAVY' PALPAT

JAMES

PAT

CAGNEY • O'BRIEN(

THE IRISH

IN US

with FRANK McHUGH-ALLEN JENKINS.

NEXT CHANGE.'

THE GAYEST COMEDY OF THE SEASON

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JAMES CAGNEY PAT O BRIEN

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ORETA

GARBO MARCH

FREDRIC

AnnaKARENINA BARTHOLOMEW

FREDDIE

(of COPPERFIELD" fems)

Maxtr

MATINEES: 20c.-30c. EVENINGS: Z0c,-30c.-50c.-70c. Servicomon admitted ovonings to Dross Circle 40c.

TO-DAY

ONLY

MAJESTIC

At 2.30, 5.20,

THEATRE

UNIVERSAL

PRESINTE- 41

7.20 & 9.20 p.m.

First Chapter

NOAH BEERY JR.

The Call of the Savage

with

SUNDAY: Werewolf of London WARNER OLAND

AGAINST SENTENCE

CHINESE SEEKS TO CLEAR NAME

LARCENY BY TRICKERY.

POWERS AGREE

IMPORTANT STEPS AT CONFERENCE

LONGER LIFE FOR WARSHIP

An appeal against the decision of the Magistrate, Mr. S. F. Balfour, in sentencing him to six months' hard

(Special To "Telagraph") Labour a charge of larceny by a trick, was brought by Wong Fal be (y Telegrapà, Copyright. Telegraphis foro Mr. Justice R. E. Lindsell, reages Ordinance, 1871. Received, Moreh Acting Chief Justice, in the Appeal...) Court this morning.

The appellant was represented by Mr. Leo D'Almada, jar, instructed by Mr. C. A. Sutherton Russ. Mr. F. 1. Williams, Assistant Attorney Genoral, was for the Crown.

CLAIMS AGAINST BANK

DEPOSITOR TELLS STRANGE STORY

SWITCHING OF ACCOUNTS

The National City Bank of Now York, together with one of its om- ployees, Lai Sin-chow, wero sued for the return of $1,000, alleged to have bern deposited with them by Fung Kul-hol, before Mr. Justice J. J. London, Mar. 11.

Hayden, Acting Pulsne Judge, in the The First Committee of the Lon-Summary Court this morning. don Navn Conference has finally ap proved three important documents plaintiff, and Mr. J. T. Prior appear Mr. A. McCallum was for the embodying the rub-committees

reed for the defendant bank, The second defendant was not in Court, nor was he legally represented.

ports.

The first defines the age limit warships;

of

The second, qualitative limitation: The. third, advante notification of building programmes,

His Lordship reserved judgment. Mr. D'Almada såld the appellant four was originally charged with others with conspiracy to defraud un- der common law, In the course of proceedings in the Magistracy three of the men were discharged, and the trini in connection with this particular charge went on against the appellanted to deal with safeguarding clauses, A sub-committee has been appoint and another defendant. Both of them which will enable signatories to were subsequently nequitted on this ignore agreements if non-signatories

Rich charge but before.

acquittal, exceed the mits which the treaty another indictinent WAR preferred allows.

that of larceny against the appellant, by a trick and, alternatively, of ob taining money by falar pretences, On this charge he was convicted and sentenced to six months' hard labour. RESUME OF CASE

The evidence in connection with this charge was that sometime in

1913 the appellant met the complain. ant, Tam Lin, and put a proposition to him to the effect that he could manufacture bank notes. The com-

plainant became interested in this

опо

and went to certain premises where the appellant had his apparatus for Pro produced. Subsequently, the com- plainant

party to the mat agreed to becanic

manufacture of such notes and put up $21,500 for this purpose.

Continuing, Counsel said that al- though he asked for no sympathy in connection with his client the same lack of sympathy must of shown to the

the bank-notes and BBW

the Cant

he was an

place

in

that the money put up

Among other things, the Conter ence tentatively agreed to-day that the life of the now treaty will be un-

1 1942-Renter Special.

BATTLESHIPS' AGES

London, Mar. 11. Battleships ages were extended from twenty to twenty-six years and the new Naval Treaty will last until 1942, the First Committee of the Naval Conference decided to-day.

The plainti's claim was that on defendant bank a sum of $2,000 in the June 36, 1027 he deposited with the savings department. Ile was given a deposit book and it was a term of

annum. Interest had been credited in the deposit that the bank would pay an interest of four per cent. per the said account from time to time and various sums withdrawn, and on May 2, 1933, the balance due to the plaintiff as shown in the deposit book was $1,000. The plaintiff had de manded myment of this sum together with the interest accrued but the defendant bank failed and neglected to pay the money, he claimed.

The claim against the second de- fondant was that he had falsely repre sented that he had the authority of the Bank to receive the money de posited and to issue the deponit book, and that he had converted auch sum It in understood that European $1,323.35 received by the plaintiff

to his own use, less the sum of events have temporarily held up the plaintiff also claimed from this negotiations in respect to an Anglo- German qualitative treaty, but they defendant interest at the rate of four will

delay the signature of not three-corner treaty between Britain, of $2,000. France and the United States. Router.

the

per cent. per annum on the said sum

AWAY 20 YEARS

Giving evidence in the witness-box, plaintiff said he returned to Hongkong in 1922 after having been in Canada for 20 years. Un arrival hero hg went to the longkong and Shanghai Bank to withdraw $2,000 which he later put in the defendant bank

on

PROPOSALS APPROVED

London, Mar. 11. At its course bo

meeting this afternoon because

use the First Committee of the London What

took Naval Conference examined and ap emises was proved, under reservation premises

of the the deposit recaipt account. He had by com-Italian delegation, the proposals on two such accounts, one for $2,000 and

the plainant was wrapped up, and placed capital ships and the non-construction the other for $1,000. For the first of, zaubers to the preparation few years he only collected the in- of satisfactory clauses, the

these accounts but later the Technical Sub-Committee on de drew on his principal. finitions and age limits of combatant vessels, and on qualitative limitation

Putside

a inchine. The complainant went out of the room for short time and on his return found the machine, which was a box, go up in flames and was Loid that the notes had been ac eldentally burnt to ashes. He made no complaint to the Polica about this incident for three years and only did so when the appellant was arrested last January for a similar offence,

UNCORROBORATED Counsel then went on to say that the conviction was wrong on the following grounds, (1) that the vidence was that of an accomplice and was entirely uncorroborated: (2) that the Magistrate must have mis- |

In 1927 he withdrew the $2,000

from the deposit receipt account and The First Committee, after discus- lon, decided that the task of proparings account. No money was passed

transferred the money to the sav ing suitable safeguarding clauses be entrusted to the Drafting Committee, except that he collected the intercat. which should at the same time draw other $1,600 on the deposit receipt Later in the year he withdrow the up the full text of the basis of the dis- account and also put this into the sav cussions and decisions of the meeting ings account, for which he was given and of the technical reports already a second deposit book. From 1027 approved-British Wireless,

onwards he drew money from both these accounts.

directed himself in the matter of Charlie

corroboration in that he could not have warned himself in the circumstances as to the danger of conviction; and (3) that the

the prosecution had failed to "prove" the offence with which the oppellant was charged.

The

Chaplin Arrives

BUT HE'S STILL AT SEA

Charlie Chaplin, the famous film star, arrived in Hongkong this morn- ing.

complainant was clearly a criminal, in that be agree

agreed to become an accomplies of the appellant in the manufacture of forged bank-notes and, as such, the well-known principle in connection with corroboration and warning must apply in this case. Apart from lack of corroboration, the prosecution had failed to prove that But, despite the fact that hundreds the grime was committed at all. of admirers, mostly Chinese, and Counsel contended that it was al- dozens of photographers, Chinese Way's the duty of

have the judge and, in nows-reel when and journa this case, the magistrate, to warn

waited at Kowloon

since himself of the danger of conviction in

7 a case of this kind. Even assuming that the Magistrate did warn himself, there was no corroborativo evidence to Justify the conviction.

a.m., he has not yet landed. and his party, which includes Paulette As a matter of fact Charlie Chaplin Goddard, loading Indy in "Modern Times," are in Hongkong in a tech- nical sense

only.

When he first went to the bank to transact his business he saw some- body he did not know, but since then he had dealt with the second defend- ant who handed bim the two deposit books.

Towards the end-of-last-year- ho went to the bank to get some money but the second defendant told him there was none left. He sak he still had $700 in the bank and whom the second defendant insisted there was no more money be put the mat. ter in the hands of his solicitor.

The case is proceeding.

SPEEDIER AIR MAILS

BRITISH FACILITIES WITH SCANDINAVIA

London, Mar. 11. The Postmaster General has con- Their ship, the Dollar liner Prexi- cluded arrangements whereby, s dent Coolidge, arrived in the Colony's from March 17, Orst-class mail letters waters shortly after daybreak,

and postcards prepaid at ordinary So thick has the fog been over Lyoternational postage will be sent by moon Passage, however, that all air each week day to Denmark, shipping has been tied up south of Sweden, Norway and Finland, Waglan Lighthouse.

The service will, in many instances, result in correspondence for the coun- tries in question being dollvered 24 hours earlier than under existing

MUST HAVE BENEFIT The offence in this case was farceny by a trick, but on looking through the evidence the prosecution had failed to prove any essential ingredients which could lead up to the charge. The evidence was consistent with the in nocence the appellant as with guilt, for although the prosecution alleged The Empress of Asia and President that he took the notes from the Coolidge are only two of many ships machine, there was also the pro- held up. bability that he did put them in and It is impossible to state when the conditions. The main object of the burnt them accidentally. If that was vessels will be able to enter the har-arrangements is to ensure that, in the case, the benefit must be given to bour limita Dollar Line officials, general, letters and postcards address the appellant. The trial was most interviewed at 8 pm, stated that the od to the countries mentioned phall be unsatisfactory in that the Magistrate Coolidge would enter the harbour the despatched to their destinations by had misdirected himself, either in the afternoon if conditions permit. She offers

surface or air transport, whichever matier of corroboration or on the may enter to-night, or may be held up British Wireless.

quickest delivery point of essential ingredients neces-

unul to-morrow. sary in a charge of Inrcony by a trick, Replying for the Crown, Mr. Wil- liams said that the probable reason why the complainant did not make any report to the Police during the past three years was that he realised he would not get any sympathy.

Referring to the question of no complice, Counsel submitted that the complainant could not be classed as such because the appellant was not charged with the manufacture of forged bank-notes. He was charged with Jarcony by a trick from the complainant, and under the circum- stances no corroboration was required. The appellant was arrested in the Hotel Coil on January last in posse sion of the same apparatus which he used three years ago, and that in it self

WES suficient corroborative

evidence.

Counsel concluded by submitting that even if the Court found that the conviction could not stand under the charge of larceny by a trick, it could still be upheld under the alternative indictment of obtaining monay Ly falso protences.

Mr. D'Almada remarked that the two charges wore entirely different and that the Court could not mib atitute the conviction or have it varied, in any way.

His Lordship reserved his docision.

Meanwhile, all that Charlie Chaplin and his party are seeing of the beauti- ful Colony in which they intend to spend a few days is the faint outline of an island through the fog.

They are here, but they might just as well be miles out at sca

tho

BEATTY'S FUNERAL

London, Mar, 11. be buried in St. Paul's Cathedral on The late Admiral Earl Beatty is to Monday-Router's Bulletin Service.

WALLACE DENIES CLASH

WITH CHESTER DAVIS

(SPECIAL TO “TELEGRAPH”).

Washington, March 11.

The Secretary for Agriculture, Mr. Henry C. Wallace, to- day denied reports of alleged friction and lack of confidence between himself and Mr. Chester Davis, which arose on the occasion of Mr. Davis' prospective trip to Europe.

"Buch implications," said Mr.tural conditions. He will study the Wallace, "are utterly unfounded and problem of increasing agriculture ex- are a grave injustice to Mr. Davis.” porte. as well as agriculture pro

President F. D. Roosevelt formally grammes which are effective under announced that Mr. Davis would go to Meanwhile, Mr. Davis will retain the various European governments; Europo about March 20, for at least Utle of AAA. two months, to study foreign agricul Reuter Special

Administrator**

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