1937-07-22 — Page 19

SELF-DEFENCE PLEADED

CARPENTER ON TRIAL

FOR MURDER

The trial of Tong Shum-wing, 20- year-old carpenter, for the murder of a clansman, Tong Shu-lam, uged 24, was continued before Mr. Justice C. G. Alabaster, Acting Chief Justice, at the Criminal Sessions this morning, when necused gave his version of

Acting

what had how the

Mr. E. H.

Solleitor, Crown eltor, appeared for the prosecution, assisted uy Sub- Inspector R. Cunningham, and e- cused, who pleaded not guilty, was defended by Mr. Harold instructed by Me, D. McCallum.

Lee,

SOLUTION

OF CRISIS SUGGESTED

Three Methods Of Approach, Says London "Times"

London, July 22. The Sino-Japanese situation still admits of three solutions, [states the Times in editorial

comment.

The first of these, says the journal, is a pencetul compromise, and this is The following were the Jurors not yet out of reach.

"China will pay Messrs. D. J. Fraser (foreman), # Foo Ping-yuen, Charles Chun Hamne responsibility of Japan, whose Yeung Chen-chuen nad Kwan Sau-grievance is very slight, to keep her

|

THE HONGKONG

TELEGRAPH.

SINCERE TAIPAN

MURDER

HEARING DATE NOW CHANGED

Police Court hearing in the mur- der charges against four men in con- Enection with the murder of Mr. David Chan Sze on May 13, which was to have commenced before Mr. E. 1ms worth, first Kowloon Magistrate. this afternoon, was postponed to Tuesday. August 3, at 2.30

pm. Detective inspector A. E. Carey, who applied for the postponement jo-day, said the not yet ready to prosecution were proceed with the ease.

The accused men are Li Faok-

THURSDAY, JULY 22. 1937.

POWERS OF

NEWSPAPER

REGISTRAR

RADIO BROADCAST

JUDGMENT UPHELD IN | Relay-"At the Theatres"

RE-HEARING

Further arguments on the powers of the Registrar of Newspapers were murning, when the re-hearing of an action, which arose out of a libel sult, was concluded.

made at the Summary Court this

From London

CHILDREN'S CONCENT

Radio Programme broadcast by Z.B.W. on Wavelengths of 356 metres (345 k.c's) 31.48 metres (9.52 m.e's).

8-11 p.m. Chinese Programme. 5 p.m. Relay of the dance Orches- Hongkong Hotel, tra from the roof garden of the

peng-kwai, of 35 Staunton Street, The case was one in which Wong had

Buccessfully claimed $806.10| 5-5.16 p.m. 1. Boston Tea Party; from Lam Chung-ling, of 30

32. I can't escape from you: 3. Lum was one of D'Aguilar Street.

Whatcha gonna

do; 4. I'm nute about screwy music,

5.15-5.20 p.m. interval of record-

ル

four defendants in recent bet action brought by Chau Kung-mau In respect of

Thackman Law, R. H. L. A. Ummatess, reasonable price for peace, It 15 Sincere Perfume Company, charged the Kenan article published in ed dance music from Z.B.W.

funk

52

The case for the Crown was that accused

had originally set up o partnership with Tong Shu-tuk clansman, for the purpose of making canvas beds and deck chairs, the capital to be put being $200 in Can- ton currency by each partner. De- censed came to Hongkong and was engaged in the business, but W115 Inter dismissed an accused was - satisfied with his services. Tong! Shu-fuk later offered to buy accused's

in the business, to which fused was agreeable. Deceased was sent for, and on arrival from the ecuntry, he agreed to

enter partnership with Tong Shu-fus, In response to an offer. On May 17, without any quarrel being hed by any of the folds in the shop, acenses was alleged to have struck down de- ceased with chopper, and to have then attempted to escape,

nde

ነገሩ

into

ACCUSED'S EVIDENCE

This morning, Mr. Lee called de- fendant to give evidence. Defendant said he had entered into partnership. with Tong Shu-fuk in the first Instance, and had put up a sum of $30 more than Tong had. He knew deceased since they were children, together. and they had played Deceased came to Hùngkong on his own accord, and obtained work with defendant and Tong, fut defendani noticed his work was unsatisfactory, and deceased was paid off. Nothing much happened after that.

dant

cheung, 42, chief manager of the with being an accessory before the fact; Koo Wah-tak, 20, life insurance broker, Leung Wong, 32, unemployed, and Au iting, 37, unemployed, all charged with murder,

Mr. Leo D'Almada, sr., is

repre-

demands within reasonable hits... The alternatives are a full-dress war or local military adventure. To Jupan, they offer a cholce between a major disaster and a minor disaster between tragedy and an anti-climax.senting Li Fook-cheung, while Mr "It is no exaggeration to say that if Peter Sin will appear for Koo Wah- Japan went to war with Clino, the tak. The remaining two tre as yet? best thing that could happen to her undefended. would be a prompt and decisive defeat by the Chinese forers, which in Inconceivable."

The Times says a punitive campaign would be in equally pointless and Japan's unprofitable development. economic interests in North China, which are slow and erratic already, would suffer a serious set-back if she ị were to embark even on a localised YESTERDAY'S adventure.

LONDON STOCK EXCHANGE

"There exist." says the Journal, "no strategic, political or economic ob- jectives which a milliary adventure in North China could make good."-- Reuter,

1

CABLED

QUOTATIONS

London, July 31.

War Loan, 3 Etummum 416, tratá Loan,

190 r. 1.3

no reply, although he intimated hehe 577 Gotu Bonds, understood the question.

As he had come to a disagreement with Shu-fuk, said defendant, he did not feel like asking the man to let i have the business back again, and knowing Shu-fuk was on good terms with deceased, inked deceas ed to do the asking for him.

He said their voices were mai rais

1925-47

Churro 496% Anglu-

French Loun. 1003 Chinese 6 Crisp Loan,

1012

clanner Na Reorg Loan.

1913 (Lon. 15.] llenan Rig. 56 1905 Chinese Imp. 11ly 3

Last To-day's Price Price

Sat.13/10

יר

1

0355

U*

AG

$33

70

CA

40

By..

10

的

Lung Taing U. Hini ily.

ed loudly during their conversation | Shanghai-Nanking in the yard, and added Det deceased had not a loud voice. Asked why he had not shouted "Save life!" when

On the evening of May 17 defen-he was running away from deceased. defendant said he feared the other said he had his evening meal

tokis, who were clansmen of Tong and then had a rest in the front part

Shu-fuk's and decensed. of the shop afterwards going up to

When the cockloft for a sleep, as he had a headache, from which he often suf- fered. When he awoke, he felt } thirsty, and made his way 10 the Defendant was asked to explain

kitchen for a drink of ten. He then went to the lavatory, and on com- int out, saw deceased sharpening a chisel in the backyard.

Defendant called to derinsed and said to him, "Shu-lum, I am going to ask you to do mne a favour. Will you do it for me?" Decensed asked what

icked up the chopper, he was pre pared to fight, but before that, he would have run away.

why he said he grabbed at deceas- cd's right hand which was holding the axe and that deceased had at tempted to snatch the axe away with his right hand. Defendant said he meant the word

pan (which in Chinese means ("right") 10 mean again," explaining that drecased at- Ite add-

ed that possibly the Court interpre had misinterpreted his answer. Questioned regarding his statements

for

that

said

Tientsin-Puke By 3

Brit Sipd.) Tientsin-Puky Hly. 5

(Ger. Stpd.) Tint-row fly. M

(Belt. Stpl. Supl. Loon Tientsin-Pukow Bly, 07 (Ger. Stpd. Supl. Loan) Japan 5 Sterling 1107 Japan 6 Sterling 1024 German 7 Int. Lant... Chartered Bank

our 2 S'uni flank Chinese East. & Min. Chosen Corps. Pekin Syndiente Shal Elec. Construction S'hal Waterworks "A" Un. Insuraner Soe. Can-

Lon

30/-

Po, since defunct. Damages were awarded

against them and Wong, as executor of the bond, was entled upon by the Registrar Newspapers for payment, the defen- dants, with the exception of Lam, who was the printer, having disap- peared. Wong, thereupon, brought a claim for the amount against Lam, and was given judgment.

Mr. Peter H. Sin appeared for Lam, and Wong was represented by Mr. W. A. Mackinlay, of Deacons.

When the re-hearing was first Sin held about a month ago. Mr. criticised the Printers and Publishers Amendment Ordinance of 1830, say ing that it did clearly state the of News- powers of the Registrar papers.

This morning, Mr. S submitted that the second part of the Ordin- ance, which related to civil proceed- ings, concerned only the newspaper, for which the bond was given, and not his client who was the printer. nter, Under the circumstances, the Regis- trar had no power to enforce the bondsman to pay on behalf of the printer, the bonds having every right to resist such an enforcement. Mr. Sin further submitted that the words "un behalf of the new

newspapers concerned should be read in con- Junction with the Ordinance, as legislation was for the sole purpose

ՏԱՌԸ of securing that the newspaper be in a position to pay should be

damages be awarded against it.

Mr. Justice Lindsell: How could you say that the Registrar could not enforce the bondsman to pay behalf of the printer, when Judgment had been given against him?

OBJECT OF BOND

5.20 to 5.35 p.m. 5. It's swell of you; 0. Never in a million years; 7. There's lull in my life; 8. Wake up and live.

3.35-3.45 p.m. Interval of record- ed music from Z.B.W.

5.45-6 p.m. D. Ln Cuenracha; 10. Cubalero 11. Solitude; 12. The Love bug will bite you.

6 p.m. Studio, Children's Concert, 6.45 p.m. Peter Dawson.

Covered Wagon Lullaby....Free- man and Leonard; Emply Saddles ....Hill; A Sea Cali.. Ramon. 6.55 p.m. Viennese Waltzes.

When the Lemons Bloom (Strauss). Strauss and Symphony Orchestra; Doctrinen (Strauss). Strauss and Symphony Orchestra; Wine Women and Song (Strauss). Marek Weber and His Orchestra.

7.07 p.m. New Symphony Orches tra,

In

Memoriam-Overture....Sul- livan; Carissima....Elgar; Tintagel .Bux; Wediterranean.....Box. 7.35 p.m. Local stock quotations, and exchange market,

"At The Then- 7.40 p.m. Relay. tres," Descriptions and songs of London shows by Dudley Glass and Dorothy Brunton.

p. Time, Weather and An- nouncements.

0.03 p.m. Studio. A Chinese Con- gert.

11 p.m. Close Down.

8.03 p.m.-11 pun. European Pro- gramme from Z.E.K. on a frequency of 10 kilocycles.

8.03 p.m. Spanish Music, Cordoba:

Orchestra-Granada, (Albeniz)....Orquesta Odeon; Con- onfesion; Tenor-La Cumparsita (Tan- gos)....Tito Schipa; Plano-Triana ..Wilhelm Backhaus, (Albeniz) Soneto a Cordoba (de Falln)... Maria Barrientos; Soprano-Chanson du feu follet (de Falla).... Maria, Barrientos; Violin-Jota (de Falla)

Kreisler. B.31 p.m.

Mr. Sin: Because the Registrar has no right to include the printer in the bond, which was given solely to ensure that the newspaper was in a position to pay.

ist.

the

Gracle Fields and Sandy

Powell.

Queen of Hearts; One of the little

the orphans of

sform.....Gracie

Powell; Things different; I

been so

Mr. Sin then went on to submi! that plaintiff paid the money to the Fields; Sandy's Own Broadcasting

a direct consequence of Stallon....Sandy Registrar as having executed the bond

Might buve request of the newspaper proprickor, haven't been the same girl since....

was not compelled to pay the

the Gracie Fields. money therefore

02

07

仰

€7

76

83

34

014

14

1451

110 x 110 xd

20:-

20/0

13/-

--

6/-

43/

43/

36

34

373

37%

Gula Kakumpont, Rubber Allied Trau-founders

41/3

41/3

30/0

Assec. & Elec. Inglis,

413/-

<1/

Austin Motors ard.

45/7

45/3

He

NC "A" ord.

Cable & Wireless 74%

7037

70%

(heart)

Britian-American

Tob.

125/7 125/-

12/5 12/0

17/0

35%-

廷

109/4%

-34/0

34/3

0/-

01/14

128/0

130/0

31/0

31/0

47/0

4Y/D

37/6

148/0

42/4

4173 108/3 105/7

06/0 1/3

17/

30/0

/- 10/2015 31/3

23/3 23/3 0:0 10/3

Cammell Laird, ort, Mexican Eagle Curtaulds

to the police, defendant he was frightened at the time: Distulers

Dunlop Hubler

b

was wanted and defendant said, "tempt to strike him again. beg you to request Shu-fuk to let me have the business back and will pay him in full for it." Deccused replied. "Do you remember some time ago you scolded me, and now you ask me to do a favour for

and was also assaulted by the police. Gen. Elec. (Eng) you? I have joined in partnership He did not know what he was say-Guinness At Son & Co. with him." Defendant told him he ing, as he was very confused. The Hawke croptone could find plenty of other work if police station interpreter had asked her indus he had the money, and advised de-

รถ, Cleom. recased not to enter into partners something, so

him to make a statement and say Imp. Tobacco with Tong, in order to avoid lons of

so he did. Mr. Williams then addressed the O. K. Bazants Deceased asked defendant Jury. He characterised defendant's how he had such courage to ask him story as being hardly believable, es- hot to enter into the partnership, and peciully his version that there had asked if he thought he was a betterbeer quarrel and a life and death struggle In the yard, if deceased had been armed with the chisel be- fore defendant got hold of his chop per, how was it that defendant was not injured in any way? The evi-

case between defendant and de-

• fighter,

.

|

Marks & Spencer

Roll Royce

Leyland Motors Tate & Lyle

wall United Sterf Smithwick Drop Fog-

ings Armstrong Stevens Pressed Steel com. Vickers ord. Woolworths ord. Anglo-Dutch the Rubber Pint.

Trust

Commonwealth Min

STABBING THREAT

Defendant replied that only a few words had been uttered, and deceas- dence of Dr. Luk and that of the ed offered to fight. They had further

other witnesses for the prosecution Durma Corpa words, and decensed, in nn gry

the fact that Rarsman Invests was consistent with mood, held his hands up and threa- tened to stab defendant if further deceased was struck down while he Randfontein Ests.

Exploration Cn. words were sald. Deceased attempt-

way squatting in the yard.

Sub-Nigel Mr. Lee, in his address, said the Tanami Gold Min. ed to strike defendant, who was un- armed and felt helpless. He turned

Crown had not established a motive Anglo-Iranian and rushed towards the door leading and there was not reason at all for Burmah.... into the shop and picked up an axe

defendant to kill deceased. At the from the doorway and raised it. De- highest, the Jury should come to the fendant rushed at deceased, who conclusion that deceased met his struck at him with the chisel, but death in a common fight, he said. defendant dodged and in turn struck

The ease is proceeding. deceased with the axe.

Deceased again struck at defen- tlant, but the blow was avolded, and defendunt again hit decensed with the chopper. As deceased raised his hand for the third time to strike de fendant, defendant grabbed at

the holling the

chisel, but deceased struggled to get free and tried to snatch the

hand

axe

struck at and did not

Invest.

Shell Trans & Trad.

Chinese Sig. Notes,

1025 (Vickers) Canton-Kowloon Tily Kung 11 1911

(Ger. 15)

7/10% od/tes

24/34 20/71%

20/0 20/9 74/- 74%- 38/715 30/0

07/3 37/0 10/3 10/- 8/14 5/-

was

behalf of defendant, and

of

he had done so was I voluntary payment. only

Defen- Rasik

liable to the Registrar. not and the latter could not force plain t to pay on his behalf.

to the question Referring liability. Mr. Sin said his client never requested plaintiff to sign the bond. He did so only at the request of the newspaper proprietor. Therefore, in order to succeed plaintiff must prove that the liability must have been, in some manner, cast upon him by defendant.

His Lordship: Plaintif did not incur any lability by signing the

bond

Mr. Sini He assumed the liability on signing the bond,

"THE POOR 'PRINTER" Continuing Mr. Sin satd plaintif had not elected to sue the editors or publishers, but the printer only. "Is 27/xd 20/10; it just and equitable that the poor printer should take out the whole sum?" he asked.

4376 3/D 100/-

80/101 06/10 125/- 100/41% 100/0

35

n2

DAY BY DAY NEWS IN BRIEF

64

{teuter,

Miss Paddy Keum, recently op- WE MAY OUTRUN BY VIOLENT SWIFT- NESS THAT WINCHI WE RUN AT, AND puinted as a Nursing Sister to the

Medient OVER-RUNNING.-Shakes- Hongkong DY

Department, arrived from Home by the P. and O. liner Rajputana yesterday.

LOSE peare.

Hongkong Philharmonic Society has arranged for a bathing pienle to be held on Saturday, July 34, leaving Kowloon Publie Pier at blows he struck, 2.15 p.m. and Blake Fier 2.30 p.m. Found gathering spent bullets on the Kennedy Road ritie range early 17. this morning. Chan Ming, aged

Mr. Mackinlay interposed and sold the defence was not justified in say ing that his client had not elected to sue the others; evidence had been given to show that they could not be found,

Mr. Sin: You will

that agree once he obtains judgment against my client he has no recourse against the

others.

Mr. Muckinlay: Naturally. Is Lordship (to Mr. Sin): Is it more

equitable Unt the bondsman should pay instead of your client?

Yes, Mr. Sin:

because

there might have been some inner arrangements between the proprietor and himself. Obviously

would be no-one foolish as to risk $3.000 without some consideration.

50

Concluding his arguments, Mr. Sin said: "I submit that Injustice would be done to plaintifi the

no

0.40

p.m. Fox-Trols Dangerous You; Love is a dancing thing....Roy Fox and his Orchestra: Soon; It's easy to remember........ Guy Lombard and his Royal Canadians.

I p.m.

London Relay. "Food for thought." Three short laiks On inatters of topical interest.

Country Dances.

News and Announcements. 9.55 p.m. Gerry Mcore at the Piano.

May White Blues....Moore; Gerry

With Building....Moore;

v11

my heart.... McHugh.

10.05 p.m. Ballads for soprano and baritone,

Down Vauxhall Way (Ollyer). Mavis Bennett; Pretty Mocking Bird (Bishop).... Mavis Bennett; The Spanish Lady (Hughes).... Tavis Bennett; Limehouse Reach (Proctor- Gregg)...Stuart Robertson; A Sum- Night (Marzials and Thomas) Stuart Robertson: My dearest (Sullivan)....Doris Vanc; In Sum- merilme on Bredon (Pect)....Doris Vane; Sea Fever (Ireland)....Stuart Robertson.

iner

10.30 p.m. Dance Music. Fox-Trot-Cowboy; Fox-Trot-It's got to be love....Roy Fox and his Orchestra; Rumba Fox-Trot-Cuban Pete: Slow Waltz-At the Close of a Long Long Day....Joe Loss and

LOES his Orchestro: Rumba Fox-Trot- Serenade; Fox-Trot-It happened In Jackson and his Orchestra;

the Moonent Magnolias

in the Moonlight; Waltz-Follow your heart....Ted Flo Rito and his Orchestra; Fox-Trot-The Way You look To-night; Fox-Trot-A Fine Romance....Ambrose and his Or-

chestra.

11 pan. Close Down.

Italians Name

Colonel A. Burrowes, Commander of the Royal Artillery, Hongkong, and Mrs. Burrowes, have returned from leave and are staying at Re-Court held he cannot succeed, be New Commander pulse Bay Hotel, having left No. 371 The Peak.

the

from defendant with his right hand. The Defendant said he then deceased at randon, know how many and decensed fell to the ground.

Feeling frightened, defendiant wanted to go to the police station to

cause if he had taken, the proper report, and being afraid of the other

steps against the newspaper earlier fokis, covered his chest with his arms was arrested and brought before Mr.

he would obviously have got himself recouped. Alternatively, if at as he ran to the front shop-doorway K. Keen at the Central Magistracy. Seeing a crowd of fokis there, he charged with having trespassed on

signing of the bond he asited the Sentence of six months' hard

newspaper for some security wanted to turn back to run into the

he Government property. A fine of $5, labour and 12 strokes of the cane wan street by the back door but this was

would have lost nothing at all." or one week's hard labour, was im-imposed on Kwong Sheung, 27, un-

Without calling upon Mr. Mackin- so he ran out the front way.

h caught defendant

pased. Sub-Inspector Armitt pro-employed, by Mr. W. Scholeld, ni lay to reply, His Lordship sald he ptid secuted.

the Central Magistracy this morning, could find nothing in the arguments went to the police station.

Defendant 'was convicted yesterday | that would lead him to think that Cross-examined by Mr. Williams, Leung Sai, 42, shop toki of 31 of having snatched a wrist watch his previous decision Was wrong. defendant said he was

perfectly Queen's Hond East, ground floor, had from young Chinese lady in Kennedy | The judgment given for plaintiff was satisßed at the time the partnership his ball of $30 estrented by Mr. W. Town and had been

remanded for affirmed with costs. was dissolved. He was to receive Schofield at the Central Magistracy medied examination. about $80 In Hongkong

currency, this morning when he did not appear and would then have no further I

to answer a charge of possession of 16 terest in the business. He admitted he would

po pi lottery tickets at Bonham have no grounds Strand yesterday. The tickets were grievance against anyone who would ordered to be destroyed.

then come

!

Into the partnership in Mair prosecuted.

his place. Defendant was not angry

partner-

Inspector

Seeing a woman named Ip Wai- chi, of Kowloon, busy buying

Bay

18-year-old unemployed youth named Lan Fut, snatched her

An application for stay of execu- flon pending an appeal was granted.

mangoes in Wing Kat Street gester CHINA WARSHIPS

VISIT COLONY

with deceased. He merely

asked For unlawful possession of a pair of | purse. He tried to escape by run- him to withdraw from the ship, but if deceased bad refused to black pongee silk trousers in Morrining towards Queen's fond but was

ner.

son Street yesterday a man named intercepted by a district watchiman There are two Chinese warships do that, it did not matter. He did Ku Cheung was sentenced to a fine of and a Chinese detective. Giving un-in llongkong harbour at the moment, not know at the time that deceased $10 or, in default, one month's in- employment as the reason for his the gunboat Kung Seng and the crul had joined Tong Shu-fuk no a part-prisonment, by Mr. K. Keon at the theft, Lan pleaded guilty at the ser Hat Chow. The former is แ

this morning. Central Magistracy

Central Magistracy this morning and frequent visitor to the port, whilst NO REPLY

Sub-Inspector Armitt sald defendant

was sentenced by Mr. K. Keen to a the latter is leaving in a few days wnt arrested after he had been One of $50, or six weeks hard for Canton,

watchman. labour. Sub-Inspector Armiti pro-

nrrived H.M.S. Bec Asked if decensed had persisted in searched by a district

#1 Hankow going into the partnership, defendant Defendant is to be sent back to his secuted. Defendant is to be sent from Nanking on Tuesday, whilst would have any ground for ill-native village at the expiration of his buck to his native village at the ex-ILM.S. Falcon left Changsha on the fealing against him, defendant made sentence.

piration of his sentence.

same day for Hankow.

Of Volunteers

+

Valencia, July 21, A bulletin issued by

. Republican Government of Spain stated that Signor Benito Musso- has appointed General Bastico, former divisional com- mander in the Ethiopian war, to supersede General Mancial in command of Italian volunteers in Spain.

On Rome's instruction, it is stated, General Hasties has ob- tained from General Francisco Franco, the Spanish Insurgent commander-in-chief, considerable freedom of

wlih

organisation

respect to the Italian forces on

the northern Spaniali front, These consist of four full divi- sions-Reuter Bulletin Service,

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