1938-07-26 — Page 19

APPEALS AGAINST CONVICTION

Dr. S. S. Strahan's Case Before Mr. Justice Lindsell

An appool against his conviction on a charge of driving to the danger of the public in Lockhart Rand on Mny 20, was brought by Dr. S. S. Strahan before the Acting Chief Justice, Mr. Justice R. E. Lindsell in Ue Supreme Court this morning. Dr. Sication was convicted and fined $50 by Mr. H.R. Butters at the Central Magis- tracy on June 14.

Appellant

was represented by Mr. W. A. Mackinlay of Deacons, white Mr. J. Whyatt, Crown Counsel, ap- peared for the respondent, Tratte Inspector S. C. Saunders,

Mr.

that Mackinlay submitted there was not sumclent evidence on which the Magistrate could find the conviction. The charge against ap- pellant was one of driving to the dan

Curc. It

THE HONGKONG

PALESTINE TENSION AT BREAKING POINT

British Police, Troops And Marines On Guard Duty

Jerusalem, July 25.

Tension in Palestine has reached breaking point as a result of yesterday's outrages.

Acts of terrorism are reported hourly from all over the country.

Several Jewish shops have been burned in Haifa, scene of yesterday's bomb outrage, and all motor-cars sighted by demonstrators were attacked and set afire.

Telephonic communication between Haifa and the interior has been severed.

An increasing number of incidents are reported from ger of the public having regard it the zone between Jaffa and Tel-Aviv, and R.A.F. planes are constantly patrolling the area, ready to intervene if the situation becomes serious.

all the circumstances of the was a positive and serious offence, and involved or might involve for- felture of the driving licence.

As

the offence was a more serious one,

so should the evidence be stronger because it because was a rather nebulous type of offence and depended on the There opinion the

of Mugistrato. was no standard by which one could say whether such driving was dan- gerous or not.

The evidence in the present case did not allow the Magistrate to come to the conclusion that there was don ger, it was submitted. It was not denied that appellant was driving at 30 miles per hour, but it was only six miles per hour more than the Imit. Such a speed was not danger- ous, cald Mr. Mackinlay, and there must have been something else that Influenced the Magistrate.

ON WRONG SIDE Inspector Sounders had stated that the danger was in being on the wrong side of the road rather than the speed, that the uppellant was com- pletely on the wrong side of the road and that his passing of ears at the very dangerous road junctions was ne a serious accident might have occurred through a car coming into the road from the south.

Batteries To

Fire To-night

thorities.

TELEGRAPH,

TUESDAY

JULY

1988

JAPANESE PLANNING SEIZURE OF MILLS

British Holdings Involved

RADIO BROADCAST

Relay of 4th Test Match From Headingley

ROTARY SPEECH Rudio Programme Broadcast by Z.B.W, on a Frequency of 045 ko's. and on Short Wavo from 1-2.10 p.m.

0.32

m.c's. per Recund,

6.00 Symphony Orchestra ducted by Albert Coates,

Commons Alert To and 8-11 p.m. on

Developments

In Far East

London, July 25,

In the House of Commons to- day, the Under-Secretary for Foreign Affairs, Mr. R. A. But ler, confirmed an enquiry by Mr. A. E. L. Chorlton, Conservative M.P. for Bury, that reports had reached him that the Japanese authorities were preparing to take over existing Chinese mills in the areas they control.

con-

Cinderella-A Phantasy, (Eric Coates); The Jester At The Wedding (Eric Contes); 1, March; 2. Valse.

6.18 Violin and Viola Solos. Valse Triste (C. Scott)... Marjorie Hayward (Violin) with Pinno; Lon- Air (Irish Alrarr. Terlis) donderry Tertts (Viola Solo) with

lonel Ethel Hobday Clochette (Paganini)... Alfredo Rode (Violin) with Piano.

at the Plano; La

0.28 Beethoven-Sympliony No. 2 in Major, Op. 36.

Played by the Vienna Philharmonic Orchestra conducted by Clemens Krauss.

(The Im

7.00 Songs by Elena Gerhardt (Mezzo-Soprano).

(The Poet)~-~ Der Musensohn The British Ambassador in

Rosenband (Schubert): The Commander-in-Chief of the Tokyo, Sir Robert Craigie, fad (Schubert); Das

Rose-Garland) British Forces in Palestine has con-notified the Japanese authorities Fruhling (im Spring) (Schubert), Armed the denth-sentence passed by

thero were substantial 7.10 Closing Local Stock Quota- Tribunal ол Military

five Arab that

nany of tians. British interests in terrorisis.-Trans-Ocean.

these mills,

HOSPITALS OVER-TAXED

аге

In

Il

Jerusalem, July 25. Night Aring practice will take plore Public and private hospitals

08 over-taxed between 10 p.m. to-day and midnight Jerusalem from Stonecutter's Island, according result of the fresh wave of terrorism,

the

the British Harbour and

authorities have to a notice posted in Oflter by request of the naval su-opened a field hospital.

British police and soldiers, in addition to Roynl Marines

H.M.S. Repulse from emergency

duty at the Mange at Haita yesterday's troop reinforcements have summoned from

of other parts Palestine in an effort to restrain the

Ships are warned that the practice and will be with live ammunition vessels passing the vicinity are asked to keep a good jook-out.

to

Alternative dates for practice are ven as September 8 and September

ruddened Arabs.

נננן

are scene

of

and been

WON

One Jew was killed and a injured in the neighbourhood of Mr note of his | Carmel when

motor-hats “ነ his having made a SAJ doing Magistrates ambushed. Frosons for had been from time to time criticized

Kovoush A rid on the Ramath for not putting down their reaso

Jewish Settlement if the

near Nazareth for allowing questions, and

dawn IN resulted in the killing of one Jewish Magists ate had ut pul

supernumery and the wanding of reasons, he would have enlied forth

two others. more criticism.

What Dr. Strahon was doing was to pull out to pass cars in front. The natural thing to do in those circun- stances would be to go over the crown of the road on to the wrong side in order to avoid the cars which In- were being passed pulling out. speeter Saunders himself was doing 40 miles per hour in his own car. Magistrate had considered the pro- and must have been keeplog an eyeprietory of 11.

on the traffle on the road as well a watching the appelion's car, and he could not therefore have been in a better position than Sergeant Fryer, who was with him, to

to see what was happening. Sergeant Fryer, in his stated that appellant evidence, had pulled over the crown of the road, which might 100t or over The centre, and

bad

only

His Lordship remarketi that it wont be joing the fat to say the Magistrate hd doubts. All that the that the appellant could say was

SAYS STATEMENTS IRRESPONSIBLE

Dealing with the allegations made by appellant against the prosecution. I counsel said they were irresponsible statements, and he would not com-

A Jew was killed in Tiberius, and one was killed and two injured when a hund-mine exploded at the Jewish Settlement at Kfaryavuz, near Haifa

A twenty-four hour curfew has now been imposed in certain sections For Halo-United Press.

SEVERE PALESTINE LOSSES

Haifa, July 25. No one is allowed on the streets of cities in a wide

area

ment further on them. Dr. Strahan in Palestine between 7 p.m. and

Italy his own dri

***

the

a had stated that every experienced 5 a.m. daily as the result of the

driver was able to discern bad driv- latest curfew imposed by if this had been the only evidenceng and

driving. driver was able to military authorities. adduced, it would have disposed corn-It pletely of any charge of danger.

bad driving, it would also The discern extra six miles per hour on the right teach him to correct his driving t crown of the road was mere sophistry to argue on the

|

of

the

an

7.12

Wagner--Llet Tannhau- Banno Moiseiwitsch

ser" Overture.

Played by (Pione Solo).

7.30 London Relay-The Fourth Cricket Test Match England v. Aus- tralia.

A talk by Eric Newton. 8.20 London Relay The Fourth Cricket Test Match England v. Aus- tralia.

A commentary on the closing overs before lunch and a summary play by Howard of the morning's Marshall from Headingley, Leeds.

8.35

Borodin-Quartet No. 2 in D Major.

Played by the Pro Arte Quartet (Onnou-Halleux-Prevost-Maus).

9.06 Songs by Theodore Challa- pine (Bass)

"As far as I know, there has been no attempt to control wholly British- oyned factorles," Mr. Butler added. Replying to a further question by Mr. Chorlton, Mr. Butler said that

had

A commentary during play by Ho- Lord Halifax

received

n report

ward

Marshall from Headingcy, from the British Consul-General in Tientsin to the effect the frequent Leeds.

7.40 Studio-Mrs. R. Sanger (80- landed representations had been made to the

prano) accompanied by A. T. Lay directors of the Japanese Telegraph

(Plano). mice there regarding the delays and ut

In

a short programme of French In telegrams mutilations

received, and a certain improvement had been Songs by Jacques-Daleroze,

Time, Weather and Announce- noted in the quality of the messages, service WDS SUB

ments.

8.05 Landon Relay Tho Artist although erratle.

Representations were being

To-day-4. con. tinued, Mi. Butler added.—Reuter. THREE PERTINENT QUESTIONS

London, July 25. Three questions were put in the House of Commons to-day by Mr.

M.I A. C Moreng. Conservative for Preston, regarding Far Eastern affairs.

The Member for Preston asked whether

for the Under-Secretary

further Affairs had any Foreign information regarding the re-opening

businesses foreign-owned

Song Of Prince Galitsky ("Prince Japanese occupied arens; on facilities for British bond-holders and their gor-Dorodin); Song of the Needy Pilgrim (Nekrassoft Nevstrueff. representatives 10

the inspect

re-Manikin); Arise, Red Sun (Russian Shanghai-Nanking Railway, and Folk Song).

ΟΠ Chinese garding the restriction

9.15 London Relay-The Fourth factories workers in British

from

Cricket Test Batch England v. Aus- travelling to work in municipal troms.

Mr. Builer, in reply, said that the tralla.

A commentary during play by subjects, inter alia, would be discuss Howard Marshall from Headingley, ed between the British Ambassador in Tokyo, Sir Robert Craigie, and the Leeds,

9.30 London Telay-The News, Ugaki, in the course of the next Japanese Foreign Minister, General

9.50 Band Of H. ML Grenadier day or two.

Guards Meanwhile,

The Turkish Patrol (Michaelis); the British Foreign

The

Guards Patrol (Williams); Coro- Secretary, Lord Halifax, would stress

Hymn (Sir Ed- nation March and The curfew is operative in towns the importance be attached to

ward German-Arr. Dan Godfrey), in the eastern areas.

early settlement of these issuICS.

10.00 London Relay-Sallor Songs Mr. Noel-Baker, Labour M.P.

J. d not involve such an increase lines of his friend, submitted Mr

A party of Jewish

supernumeries for Coventry, asked Mr. Butler and Shantles. of danger ns to justify the conviction. Whyatt.

was ambushed neur Nazareth, one to urge on Lord Halifax that he

The B.B.C.

Chorus con- Mr. Mackinlay submitted that before

another injured.

dücled

Trevor Harvey; Raymond by should point out that the Japanese he could

Driving at 36 miles per hour on being killed and convict on the evidence

Ernest Lushi killed and two Government had violated

almost Newell (Baritone) the road was Another Jew was wrong side of given, the Magistrate would have to

land mine explosion at

every known rule of International at the Piano; Boney was a Warrior. disregard Sergeant Fryer's evidence evidence of dangerous driving. There wounded by

Blow the Man Down. Tom's Gone of the position of the unr and accept were side lanes coming into the main Sharon Plan. One Jew was killed Law.

ires and another wounded when a work-

Mr. Butler replied that he did not to Hilo: What shall we do with the I was also a built-up area Inspector Saunders, whether road,

thut doubt

revelant Iting party was sniped ot near Tiberias.

point Drunken Sailor? We're all bound to every where a speed limit was imposed.

go. Santy Anna. Sally Brown (All would come under consideration. was not disputed that there was a

The Old The death roll from explosions and

Terry): Donkey Riding.

Book. tung line of traffic ahead of the np-

from The Shanty

Part 1, MATTER IN HAND

Charlot, Stormalong. pellant or that there were a large rioting this morning is now given as

Spanish number of pedestrians about. The 43 Arabs and four Jews killed and 41

Mr. Butler also stated, in reply to and Arabs

11 Jews wounded.

Ladies; (All from The Oxford Song His second point in the appeal, said anty dispute counsel could

further question by Commander A.

Book, Vol 1, Thomas Wood); Dur- Renter. Mr. Mackinlay, was that a question tween the evidence of Dr. Strahon

Marsden, Conservative M, F. for

ing the War Raymond Newell served North Buttersen,

Str was allowed which would show that and that of Inspector Saunders was

and

John

with the Royal Engineers in German Haslam, Conservative Dr. Strohan had in the past com-

M. P for W the reason why appellant was driv-

had East Africa and was invalided home mitted

the

offence of dangerousing at such a high speed, which was

Bolton, that the matters they

then in 1919. He

resumed his raised,

freedom the driving. It arose from cross-examina-

nomely that the doctor was in a hurry to

studies at the Guildhall School of tion by Inspector Saunders and con-attend on urgent case at the French find any clue to the identity of the transit for British merchant shipping Music, London, where he remained perpetrators of the bomb cutrage en Chinese inland waterways and the until 1623. During that period he

between of negotiations yesterday, in which 35 persons were i state

and consular body

won many scholarships and prizes. killed and 60 injured when a time- Shanghai

the He was engaged in

concert work bomb exploded.

Japanese authorities for a resump- tion of dredging by the Whangpoo from 1923 to 1926 and then toured Since the music halls for a year. Board, were among Conservancy

that time he has played the lead in those which would be reviewed in the

be-

many large productions at London forthcoming conversations

theatres. He toured South Africa in Sir Robert Craigie and The Magistrate must have hed

tween

1929. some doubt about allowing the ques-

of saving one.

General Ugnki.

would Mr. Butler added that he tion, as he had made a note of his

Mackinlay Mr. reasons for allowing in the deposi-

The crime immediately brought bear in mind that this great area of tions. It was essential that no ques- when considering the question of reprisals in the form of conflagra- inland water was far from the scene tions should be asked to show that dangerous driving, notice must be ions in the Jewish quarter. Several of nighting. He was aware, he said, driver had in the ist been guilty the road the driver was. If Sergeant were set on fire by Arab rioters.

taken of how far over the crown of Jewish houses and Jewish taxi of dangerous driving. It appeared that the grounds on which the Magis element of danger was very materi-Nazareth, where the bodies of two

Fryer's evidence was accepted,

Two murders are reported from trate had allowed the question were ally reduced. Although there were Arabs were found on the outskirts that Dr. Strahan had given evidence

large number of

the of pedestrians on of good character in that he had said road, none seemed to have been in

of the town,--Trans-Ocean. he was an experienced and careful driver.

any danger. The only evidence be- That

was not evidence of fore the Magistrate was that character, but merely Dr. Strahan'a Strahan was driving at 36 miles per He hour which was not a dangerous suggested that never experience he would not drive

harl dangerously.

hand side of the

that It disagreed with Sergeant Fryer en- tirely or not. IMPROPER QUESTION ALLEGED

tion. The question put was

The

the whole of

Di that cross Hospital.

Strahan had how many times Dr. overturned his car previously. There was only one reason for putting that question and that was to suggest that uppellant had driven so dangerously

as to overturn his car.

ກ

PREVIOUS RULING

sec bc-

His Lordship remarked that many years ago, a similar excuse had been made to him by another doctor, and his Lordship had then said it was not worth endangering the lives of several persons in the doubtful hope

submitted

that

reasons for pleading not cause of speed as Inspector Saunders himself

had

his p

made by

heen

was driving ut 40 miles per hour.

Allegations

that there Regarding the side turnings into the

appellant

main road, one had to consider how two standards for the traffic depart- far the appellant was from his own ment, one for Government offelals side of the road. Mr. Mackinlay and the other for private

ARABS TAKE REPRISALS

Jerusalem. July 25.

So far it has been impossible to

crowded Arab

The bomb exploded in a densely- vegetable market, causing scenes of indescribable con- fusion and panic. The perpetrators evidently placed the bomb in a concealed position before the market opened.

YANGTSE FLOODING

the

of the great importance of the under

waterways.Reuter,

STARACE WARNS JEWS

and that there had been differens, submitted that the appeal should he breaching of the Yangtse River a speech to-day on the subject of

be quashed.

IMPUTATION SEEN

allowed.

APPEAL DISMISSED

Hankow, July 20. Questioned regarding the alleged

dykes, a Chinese spokesman said last night that sections of the south bank of the River between Hukow and Klukdang water.

were

Men's

the

10,30 Dance Musio.

Remember; Slow Fox-Trot-Just Quickstep My Gal Mezzanine Gerry Moore (Piano) in strict Dance supervision of Silvester; Tangos-Tu Sals. Henry King and His Hotel Pierre Orchester

with vocal retrain; Jalousie

Cugat

and His Hotel Orchestra; Waldorf-Astoria

Fox- Trots In A Little French Casino; Smile When You Say Goodbye (From The Show Goes On')....Jay Wilbur and His Band with vocal chorus by Jacks Cooper; Carelessly; Fifty Mil- lion Robing Con't Be Wrong....Billy Colton and His Band with vocal chorus: Walizes-Cuckoo

Waltz

chestra.

11.00 Close Down.

EXPELLED FROM HONGKONG

MERIJDWARD Brigitte....I

..Dajos Bela Dance Or- Rome, July 25. Signor Achille Staruce, Secretary of the Fascist Party, in the course of

ant!.. raciailsm, hinted that Jewish Fascist sympathies might lead to the persecution of Jews in Italy.

ina Signor at present under "IL notorespite the tolerant is

anid Starace, "that, Floods have been caused by the polley of the Tascist regime, Jews and rise in the level of the waters of the their money have constituted the Yangtze and not by any breaching General Staff of anti-Fasciam."

spokesman guld- The Fanclst Secretary was addrem Router.

ing a group of University professors who declared recently that Itallons were Aryans-Reuter,

2

the traffic deport- between him and ment on the question of parking, but none of these suggestions justi-

His Lordship, in dismissing the fled the question asked. Mr. Mackin- lay submitted the question was in-appeal, said: There is clearly sut- edmissible and the conviction, should ficient evidente to justify the Magis- trate convicting as he did. The question objected to need not neces

Disregarding the advice given to sarily have any bearing on his find- of dykes, the

him by an officer of the Pasaport Office not to return to the Colony un- ing that there was suelent evidence.

loss he had a new passport, Jelin His Lordship asked whether the The conviction is upheld and the

Mathias, 34, electrician, was expelled imputation in the question asked sup-appeal dismissed gested that Dr. Strahan was n reck-

Mr. Muckinley asked if his Lord-

from the Colony by Mr. R. Edwards at the Central Magistracy this morn- less driver.

uld consider reducing the ship would

ing, when he was charged with enter- Mr. Mackinlay replied that he could fine, but after hearing Mr. Whyatt

ing without a valid passport. not frankly see any other reason for read out Appellent's driving record, Adjourned from yesterday to enable

INDECENT ABSAULT CHARGE asking the question.. Dr. Strahan in which he was fined $15 for reck-

Detective-Sergeant P. 3. Loughlin the police to make further inquiries, had been driving for 36 years, and less driving in Colne Road in 1927, Chori Chuen, 41, unemployed, charged Charged with indecently assaulting said that the defendant was a deporteg must therefore be an experienced $10 for driving without due care and with snatching an earring from a married woman in a doorway of from the United States. He passed

caution in Stubbs Read this year, driver.

woman in Hennessy Road on Satur-Kilung Street on July 26, Pang through Hongkong in June this year, Replying for the respondent, Mr. and 300 on the present offence, hladiny, was convicted by Mr. II. R. Kwal-sin, 17, unemployed, was re- and was told that his passport was Whyatt dealt first with Mr. Madicin-Lordship sald he saw no renson to Butters at the Central Magistracy manded for 40 hours when he np only vaild for that particular journey: lay's remarke og to the Magistrate's interfere with the Magistrate's pen to-day, and given six months hard peared before Mr. Q. A. A. Macfad-and if he wished to return to Hong-

nity.

yen at the Kowloon Magistracy. kong, a new passport was necessary. doubts in allowing the question owing

Jabour.

SNATCHER CONVICTED

8 A.M. to 5 P.M.

11 A.M.

8

A.M. to

Here's Luck!

EWO

GOVERNOR IGNORES ASSASSINS

Cool Courage Shown By U.S. Official In Puerto Rico

Now York, July 25. A radio message picked up from San Juan, Porto Rico, by the Associated Press, says that an attempi was made to shoot Major General Blanton Winship, Governor of the US. dependen- ey, yesterday.

The attempted assamination was made during the celebration at Ponce in commemoration of the fortieth anniversary, of the landing

American OK

troops

during tho Spanish-American

War.

The Governor was not injured. -Reuter,

ONE ASSASSIN SLAIN

San Juan, Puerto Rico, July 25. During the celebrations in connec- tion with the American occupation of Puerto Rico, assassine attempted to shoot Governor Winship.

?

BEER

LETTERS TO THE EDITOR

RADIO PROGRAMMES.

To the Editor,

Hongkong Telegraph,

wha

Sir, for the sake of those read none but your paper, could you .possiblly add to the evening Radio Broadcast programme published every

widely read

paper, the next day's tiffin programme as well?

It will be a

a great

day

in

your

Improvement much appreciated your readers in this Colony, Canton and Macao also and gratify one who daily buys and reads only The Hongkong Telegraph. [It Is Impossible to obtain the pro- gramme you require for publication-

Lastes a day earlier: but ZBW

Burumary of programunes weekly which may asalst you. This, un- fortunately, the Telegraph is unable to reproduce.--Ed.]

LITTLE RELIEF FROM DROUGHT

ů

Hongkong's drought has brought The Governor was unhurt but the the rainfall deficit since January assassins wounded Senator Pedro 1 to 17.7 inches, compared with the Juan Serralles and Colonel Orazarry, average for the period for previous of the National Guard.

years.

It is reported that police killed one

Only four points of rainfall were of the assassins and arrested several recorded during the 24 hours ending others.

10 a.m. 10-day and the forecast shows The attempt on the Governor i no signs of a break in the dry spell. attributed to Nationalist extremists, Official forecast for the next 24 hours and occurred at Ponce, where nearly is moderate south-easterly winds, 100,000 people were attending a mill-fair generally, with local showers, tory parade.

Governor Winship's address, which lasted for half-an-hour, was deliver-

ed after the incident

"We in the United States believe that you Puerto Ricans truly love the United States and are proud of your American citizenship," he said in a calm, clear voice, "Be careful to do

nothing which will discredit or misre- present our island with the American

people

The Pones Radio Station reports eight persons have been admitted that ele to hospital, including an officer of the aircraft carrier U.S.S. Enterprise

It is reported that Miguel Mendez, Speaker of the House of Representa- tives, Francisco Dominguez, Commis sloner of Agriculture

several women were wounded-United Press.

and

SUPPORT FOR PEACE SCHEME

New York, July 25. Under the leadership of Major LaGuardia of New York, the moyors of thirty-three cities in the United States, Including Los Angeles, San Francisco, Portland and Salt Lake City

have forwarded messages to Lord Cecil and M. Pierre Cot, Pre- sidents of the International Peace Campaign,

The messages express "horror and Indignation at the barbarous slaughter of helpless women and children" through the bombing - of unfortised elties.United Prosa,

Specify

Coyle

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