1939-08-02 — Page 31

Wednesday;

HONGKONG | TELEGRAPH

August 2, 1939.

Sub-Insp. Edwards' 9 Months' Imprisonment For Squeeze' HEINOUS AND DESPICABLE OFFENCE DECLARES THE CHIEF JUSTICE

The Case In King's

Brief

Tho charge against Edwards was that on April 23 at Hung- hom Police Station he demanded $120 from Lau Hel-yuk with intent to stent. Ile was defend. ed by Mr. 11. G. Sheldon, K.C. Instructed by Mr. G. H. Itugh- Jones, of Wilkinson and Grist,

Mr. J. Whralt, Crown Coun sel, was for the prosecution, and the following comprised the Jury: Messrs. J. F. Robinson (Foreman), W. It. B. Schmaldi, G. B. Rodger, Kwok Yu-yul, Koo long-tean, 0. A. O. D. 1Sarrette and WUllam Kang Po- clipt.

A Police interpreter, Un Shul- kl, was originally Indicted with Edwards but he was granted a conditional pardon for turning King's evidence.

PIRACY NEAR HONGKONG

Junk Seized Close To Bocca Tigris

A PIRACY in Chinese waters which occurred on July 9 has been

Evidence Witness Called Liar and A Rat

FIV

“IVE MINUTES AFTER THEIR RETIREMENT, THE JURY IN THE TRIAL OF SUB-INSPECTOR EDWARDS, CHARGED WITH DE- MANDING $120 WITH INTENT TO STEAL, THIS MORNING RETURNED A VERDICT OF GUILTY, AND THE POLICE OFFICER WAS SENTENCED BY THE CHIEF JUSTICE, HIS HONOUR SIR ATHOLL MAcgregor tO NINE MONTHS' IMPRISONMENT, THUS ENDING ONE OF THE MOST DRAMATIC TRIALS IN THE MORE RECENT HISTORY OF HONGKONG'S COURTS,

Following addresses by the Crown Counsel, Mr. J. Whyatt and by Mr. H. G. Sheldon, K.C., Counsel for the accused, the Chief Justice summed up and after the verdict had been returned, addressed Edwards and in scathing words described his offence as heinous and despicable for a man in his position, experience and knowledge.

"It is so serious", declared the Chief Justice, "that I must necessarily pass upon you a substantial sentence, but nobody knows better than you that your real punishment does not come from my hands, but from the inevitable consequences of the disclosure of your misdeeds.

Mr. Whyatt's Address

the

In his final address to the Jury, [Mr. Whyatt submitted that

evidence for the prosecution had in way been shaken by cross- no examination, although the testimony

the time shows that he is a dishonest man."

Mr. Sheldon Speaks

Mr Sheldon opened his address by saying that the case was an important one for two reasons (1) to Edwarda

of Un had been seriously attacked, na for It means the possible loss of his

It should be. It had been suggested

livelihood and liberty, and (2) if in

ported to the Police by Li (that his motive for so doing was tuolį vital importance to the whole com-|

Yau, 45, master of trading Junk No. T1415H. ·

He said he left Hongkong on June 20 with a cargo of 120 piculs of salt, vatred ni $120, for Ma Chung in Tung Koon district. He had with him a crew of three. Owing to the tack of wind, he was forced to tie-up at Castle Penk, until July 7, when he set sall again.

he was dissatisfied with only $10 ou

been extorteil. of $110 which had This suggestion was not enough, and in any event it showed that money had actually been passed.

Nevertheless, Un was not shaken in any way, and Counsel submitted that he gave his evidence in a candid and straightforward manner, and that there was no contradiction whatever.

Unimpeachable Evidence

nature

munity that crimes of this should be punished, and by punish-

ment suppressed,

"It Edwards," continued Counsel, "had in fact done this thing of which he is accused I will not for a moment protend to you that it is no mere mean and despicable a crime than a man in his position could commit.

"The sole question is has ho-been proved by the prosecution to have extorted the money and it would be foolish for me to try and pretend to you that there is no grave suspicien

of

THE CHIEF JUSTICE

Alleged

Damage

To Taxi

European Charged In Court

"I CAN PROVE THAT THE DE- FENDANT HAS A HABIT OF | BREAKING THE WINDOW GLASS-

ES OF PUBLIC VEHICLES. SHALL EXCLUDE MERE ACCI. |DENT AND PROVE WILFULNESS," SAID MR. F, IL. LOSEDY AT THE KOWLOON MAGISTRACY THIS MORNING WHEN ACTING · FOR THE BLUE TAXI COMPANY IN A {SUMMONS AGAINST T. A. M. CONOLLY OF PRINCE EDWARD ROAD.

Conolly was represented by Mr. F. G. Ford, and pleaded not guilty. He was accused of hav- ing on July 12 wilfully and mali- clously broken a pane of glass in In door of taxi No. 735, the pro-

party of the complainant.

CON-

Opening the cuse, Mr. Loseby said that he was proposing to amend the material parts in the charge and a copy of this had been handed to Mr. Ford. His Worship will see, tinued Mr. Loseby, that the charges were divided into (a) and (b). The (b) charge was a matter of precau- tion because the Ordinance provided two classes of damages-one of the damages exceeding $25 and the other

It would it become me to sug- gest, that any of you know whatnot exceeding $25. it feels like the morning after the

His evidence on that point, carried night before, but I think from what on Mr. Loseby, would be that a pane you have no doubt heard or read

of glass was broken and that was that if a man who drinks whisky valued at $15; replacing of the pane from 3 p.m. to 11 pan. and con- cost $1. The (b) charge was to be tinues drinking on waking up the treated as an alternative charge. next morning to counteract the effects of the previous night. his

mentally.

what do you think, a man's mental

The charges were then amended As to the rest of the evidence for

mind is not normal, physically or und in the (0) churge Conolly was accused of having wilfully comraltted About 8 pm, on July 9, when cast the prosecution, it had never been of Sze Sai Hatt, near Bocca Tigris, seriously Impeached, the simple rea- against Edwards in this matter. We

Added to this was the domestle damage on the taxi to an amount a small boat containing seven menn being it was unimpeachable. were told by Mr. Whyatt in his open-trouble which he has told you about, not exceeding $25, and in the (b) charge he was accused of unlawfully, anding speech that the inference approached and red about 10 shuts That evidence, standing alone

without the testimony of Un, was certain evidence would be irresistible and I put it to your common sense maliciously and wilfully cousing the al the trading vessel.

enough to prove that Edwards was and to add to the evidence of the and physical condition is likely to damage, the amount of which ex-

gentleman Un-the King's evidence be?"

ceeded $25. Li heaved-to, and four pirates, gulity.

gentleman-that addition makes the

After drawing Mr. Macfadyen's Counsel then referred to the con- armed with rifles and revolvers,

Dealing with the defence, Counsel inference into a certainty. His casu Guarded. They took $10 In Chinese currency and $8 Hongkong currency said it crumbled wherever

one is that without Un's evidence the in-versation, and suggested that it was attention to two sections of the his clients were taxi proprietors. On did not hear of 11, In view of his from Li, after which they ordered touched . On his own admission, ference is irresistible but with it it not ut nii improbable that Edwards Ordinance, Mr. Loseby then said thui July 12 last, about 6.30 pm. the him and his crew to board their Edwards was prepared to take a risk becomes a certainty.

which would jeopardise his career.

"It may be that it is absolutel ondition and the Iact that a Chinese defendant hired his clients' tax, No. Vessel.

speaking to another generally used He had stated he felt washed out, correct. It may be said that Un was idioms.

If Edwarda had Intended to 735, and gave instructions to the The truding Junk was taken in tow, heavy-and-depressed-that-morning. telling the truth, and whatever the extort money, why should he com driver that he was to be taken to

assertion outcome of this case may be it will municate with Inspector Carey and Lund his crew were put but apart from his own

in dairy in Nathan Road where he ashere at Sze Sal Hou. The junk was there was no evidence that he was always be said in years to come that the hope that he would take the case entered the taxi be gave Instructions alighted. When the defendant re- to his duties, resilon of the offence of sought to reinforce the suggestion which he was charged. that his intelligence was not active "But, gentleman, please remember for Wong Wing. a kaf-fong and and complete that morning by saying the man Un on whom the prosecu- respectable person who might arrivee then changed his mind and went to the Dairy Form and there the he was suffering from the after- tion relies lo remove the

at any moment7

Incident now complained of took effects of alcohol, and that he had to a certainty. Ln was first of all

Counsel's 1,000 To 1 Bet

place. been mentally disturbed because of a conspirator and secondly a llar: Turning back, to Un, Mr. Sheldon "He went into the Dairy Farm, n domestic dispute. He did not give and he has also not the saving grace suld: "He has been painted by my came out with some parcels," said the last reason in the Police Court. of honour among thieves which is friend as a man of repentance. He Mr. Loseby, "and the driver opened When he was questioned what he was generally supposed to exist. But it was charged and equally guilty, if the door for him. The defendant doing when he sat at the table, his does not follow that because he was Edwards is guilty, of the same offence. shut the door, and handed over the reply was that he was day dreamna llar and conspirator he was not He appeared at the Police Court on parcels through the open window. "I submit" went on Mtr. Whyatt, telling the truth. But is it not pos- various occasions. Its trial was due The taxi driver look the parcels with "that that answer was misleading sible for a man of that character to on July 24 and he tells us he was both his hands and put them on the and if he could mislead the Court add a little perjury for the purpose advised by his Counsel and solicitor. seat, ance he would mislead it twice.".

turned to Hongkong on July 28.-

Wants To

Go Back

And Fight

Court Plea By Chinese Internee

Un

•

of saving his own skin?

Two Doliberato Lics

question

that his case was practically hope- less. So he sent his solicitor over to

tempting to escape from the released; (2) the taking of Lau to $100. About this mantier, Lau, whose belug withdrawn if Edwards is con-

the detectives' room when he was not honesty is os obvious as the day, had victed.

Slammed The Door

Queer Happenings

"I say and I suggest to you that see what he could do with the Crown "The defendant goes round to the Counsel then went on to say that the evidence which he gave contains about getting a conditions! pardon. "I WANT to go back to almost immediately after had two quitu deliberate lies. Again I The pardon is conditional, but do off-side of the taxi, where the front ness, The defendant takes the door, China to fight the Japanese," come on the scene, there were queer say this does not mean he is untruth-you think that Edwards is convicted door was opened for the sake of cool-

do say you would hear of any word about was the excuse given by Chui happenings in the station. Through ful in everything else, but

one move after another, the practice he gave two deliberate lies. The the pardon being withdrawn? The slams it to, and breaks the gless."

Continuing Mr. Loseby sald that Kau, 28, one of seven internees of the Police Force was broken, not first one was when he said that during Crown wants to get Edwards and to prove wilfulness and to disapprove the conversation he spoke to Edwards, therefore prefers to let a rogue o in mere accident he had to offer evid- who were charged before Mr. by Un but by Edwards.

do you want,' and order to ci kinz. I bet you 1,000 E. Himaworth at the Kowloon The rules broken were (1) the re- How much

'over to I you would not hear of the pardon ence of similar occurrences occurring

before. Magistracy to-day with at- turn of Lou's property before he was Edwards replied in English,

Mr. Ford then objected to such "In order to get his pardon, Un evidence being brought in. "It is Matsuchung Internment Camp in charge of a detective; and (3) the stated on three previous occasions

totally unconnected and happened a give evidence to Involve yesterday.

placing of Lau in the churge of an that he did not hear Edwards say must Inspector H. E. Rogers said that at interpreter, who was a member of the anything. I suggest that evidence of Edwards up to the hill. That is why long time ago and should not be

Un la a plain lic.

he said he spoke to Edwards 'How admitted in the present case," he

declared. "The second llc was his evidence much do you want. Edwards was Mr. Whyatt submitted that the

Mr. Macfadyen to Mr. Loseby: Are 3.4 p.m. yesterday a lorry loaded civilian stoff and not of the Police.

could be as to want Inspector Mottram, said, said to have replied, 'Over $100. Da with straw was proceeding through only explanation which the Camp to the main gate when given for breaking these rules was which is rather an interesting point you think an Englishman would say these recent cases or not? sentry saw some people climbing onto that there were queer goings-on, and What Un stated was that Moitram that? An Englishman would say 25. March 6, May 17, and in the case Mr. Loseby: February 11, February Lau to the wild to him. Did you go to the Hop More than $100, but that is a smell of a bus about 12 months ago, whistles were the purpose of taking the lorry.. Police blown and when the lorry reached detectives' room was to extort money On Club and received $1207' The point.

Mr. Ford: The "I put it to you that you must say maybe totally different to his Inter- last thing in the world for a police the gate, it was surrounded by Mil- tary Police. When the lorry was

"Edwards explanation to this was officer of Inspector Mottram's ex- to yourselves that even

But perience was to say thin. Mottram circumstances and the way this par-tion in the present case. searched seven men were found

that he wanted to caution Lau. hiding beneath the straw.

why caution at innocent man? Lau has already, made up his mind to don was obtained, how could I rely Mr. Macfadyen said: It is generally

Lurrest Un and surely his first duty on anything sald by Un as it was then an innocent man charge had been laid against him. was to caution him.

"Apart from the Character of this may be that what Un has sald is true, but knowing the history of the Besides, Lau had been in the charge room for more than three hours, and charming man, you have now two matter how could you be satisfied during that time there was no thought deliberate les given by him. This that it is? Surely, the procedure is enid:

that his

directi far too dangerous. It is a of cautioning him. I suggest to you: does not show, of course,

The defendants were Chul Kau, 28, Chu Shul-shan, 26, Lau Pul-chun, 27, Cheng Chi, 25, Chu Chiu-wing, 21,

Ng Kwon-wing, 21, and Cheng Shui-

lung.

from him

in those

mon's intention

After remarking on other points admissible to prove wilfulness.

Mr. Loseby then quoted authorities concerning this evidence, and then

This defendant has broken glass in taxi windows in the past. It shows particular way the glass will break. In other words, that he knows the damage will occur, Under these cir-

ible..

The last man had a previous con- that there was never any caution in story is untrue, but does it not throw inellement to a man, knowing he isinat if the doors are slammed in a

On this guilty of a crime and knowing he is viction for a similar offence, and was that room and the purpose of sitting at least some doubt on it? sentenced to six weeks hard labour round the table was to frighten Lau man, Un and no one else does the going to be convicted, to commit

the remove prosecution rely to

perjury in order to obtain the pardon The others were each sentenced to a

to pay the squeeze, month's imprisonment.

on by the prosecution to make in- ference become a certainty. Chief

Chester-Woods interpreter double-crossed Edwards question of inference to certainty. Inspector

"Blackmailer, Liar, Rat" was in Court to hear the case.

H

METROPOLE

"The defence can only be that the evidence against Edwards from the And yet this is the evidence relled cumstances, my ovidence is admiss.

by saying something different in Chinese. But have you ever heard

of a person double-crossing another

Disgraceful Story.

"The crux of the whole case

"If you are going to convict a man,

Magistrato's Ruling

..

Mr. Macfadyen then ruled that the

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must be satisfied. I submit that I

Mr. Loseby then referred back to concern his clients but a pubile utility | vehleles, 1. stsl exclude his defence in this respect is like a station to behave like that but you must at you to insist that you would have to cut not ar

accident and prove wilfulness." someone changing your signature in are not trying him for not having suggest to you that the administra-1 the dates that he had mentioned con- company,

dono his duties. You are trying him tluni of justico in this case and cerning Conolly's previous incidents as to whether or not he endeavoured possibly in future cases will be purer of glass breakin and gave the time wish to submit that I can prove that then gave evidence, and the bearing

Mr. Loseby then concluded: "I your presence.

Pun Fal, the taxi driver concerned, Un *When was arrested, heim-to extract by menaces moncy from if in arriving at your verdict you that the mediately implicated Edwards and the Lau. The condition of Edwards' | any, I am not going to

hild Incidents had the defendant has the habit of break-was, inter adjourned to August 10 nt convict occurred, Mr. Losoby added that in ing the window glasses of public | 2.30 p.m. fact that Edwards said nothing at mind is of great importance,

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