1940-01-09 — Page 25

Tuesday,

HONGKONG TELEGRAPH

January, 9, 1940.

Appeal Against Rape Conviction

Is

Dismissed

"I FIND it very difficult to follow the mental process of the Jury but the decision!I have come to, though not without hesitation, is that this conviction should be up- held," said the Chief Justice, Sir Atholl MacGregor, in the Appeal Court yesterday, in dismissing the Appeal of Ajit Singh who had been convicted of raping, a Chinese woman on November 20 last and sentenced to five years imprison- ment.

· Latest China War News

GUNS IN ACTION Artillery Duel On Han River

Also associated with the Chief Justice was Mr. Justice Fraser. The appeal which was based on three grounds was against the decision of Mr. Justice Lindsell. Mr. Percy Chen, Instructed by Mr. C. A. S. Russ, appeared for Ajit Singh and Mr. T. J. Gould for the Crown.

The grounds of appeal were: 1. The corroboration of the prosecutrix evidence was unsatisfactory in Inw and in practice; 2. The verdlet was against the weight of evidence given the hearing and 3. There was miscarriage of Justler resulting from In misdirection of the jury by the

trial Judge.

Extension Of Time Request

a

A heavy artillery duel took place on Sunday between the Chinese and Japanese forces at| Machiatal, near Tstenklang, an Mr. Chen frst asked for an ex- the south bank of the Han River tension of Alme within which to about 95 miles above Hankow, appeal. Notice of appeal against the Intense Chinese fire succeeded inentence had been given within the | time specified by the Ordinance, he silencing the Japanese batteries, "nid, but after receiving legal advice claims ♫ **Central News" the appellant also appealed against the verdiet and he was now asking

message.

for an extension of time.

Afr. Gould said the principle upon On the Chungsiang-Kingshan which an extension of time is granted highway and in the areas south was that there must be substantial of Sullisien, the Chinese have renson, in this case on substantial made sweeping advances. King-reason had been advanced, The Ap- shan, Kwanking and Tungkinolant's delay had, in fact, caused Inconvenience as the are reported to be surrounded by verbatim report of the Judge's summing up had been destroyed and the Chinese.

ely sufficient notes taken to deat with the appeal against the sentence. Their Lordships decided that there

Threa Japanese Defeats The Japanese at Sunkinochen, west

considerable

of Kingshan, suffered more than 300 was sufficient ground for extension of casualties in an engagement on Sute and. Mr. Chen proceeded with day.

his argument.

Japanese at

Halusien in

Covered by artillery fre, 2,000 Counsel said the case had been a South lengthy one and had ended at a Inte Shans, launched an unsuccessful hour in the evening after a long offensive on the Chinese positions session of the court during which nearby. They were detested after great strain had been placed on the close-quarter combats.

Judge.

Another Japanese detachment

The prosecution, he continued, had pushing westward from Toming, In South llopel, has been driven back, by the complainant.

put forward the story of no consent On the other sustaining about 300 casualties,

nid, the defence, right from the

On the night of January 7, Chinese tart, had based their ease on the troops attacked Tashaping, Kwelkaround that the woman was a con- shh and Chwangchengwan in South souting party. Hupeh. They broke into Kwejkow- from the very first opportunity, led And the defence huo. shih and challenged the Japanese in facts to show that the woman was street fighting.

In the north of the province, the That was the crux of the case.

the kept mistress of the appellant. Chinese ralded Yanglowtung

Tic and prosecution had also led evidence at Shuanglungkang on the same day, the trial which was not enlled in the capturing 11 machine-guns and many court below. This was the medical vidence which turned out to be wholly in favour of the appellant.

rities-

On the southern front, more van- tage points on the Nonning-Yunchow highway have been recaptured by the!

Vital Discrepancies Chinese in a series of attacks. These

Before going into the question of Includes Napien, Pumino, Hsin cheng, nisdirection, sald Mr. Chen, he wish- Linnga, Palan and Punchinatsun cd to point out that he had brought

A Japanese counter-attack

was up several serious and vital dis- crepancies in the evidence of the woman which the Julge did not point out to the Jury in his summing up.

repulsed.

Miners Entombed One was that the woman had been

By Explosion

SPECIAL TO THE "TELEGRAPH".

SAPPORO,

Jan. D (Domel)

Fifty-two miners

A landslip followed the explosim.

meeting and consorting with the ap- pellant many times. In a case where there were "such vital discrepancies,

Cheng Ho Negotiates Hazardous

China: Soa

In Finc

Style

HONGKONG JUNK'S SUCCESSFUL

TRIP

ΤΟ

$125,000 LUXURY

MOTOR BOAT TO BE BUILT IN HONGKONG

Plans for the building of a $125,000 luxury 103 ft. motor yacht, a brigantine and other craft in Hongkong yards were revealed to a "Telegrapfi" representative to-day by Mr. A. Carmelo, the Mexican Consul in Manila, whose 38 ft. yacht Elvira was launched here recently.

British Soldier

Pleads To Murder Charge

SHANGHAI, Jan." (He- ter).-Private David Eck-

the ford, of

Seaforth Highlanders, pleaded not guilly when his trial opened this morning. He is charg ed with the murder of L/Cpl. James Davis, also of of the Seaforth Highlandera, on November 4.

The Crown Advocate, Mr. John McNeill, explained that the trial was being held in the British Supreme Court following the granting of full legal powers over the accused to the Court by Major-General A. E. Graselt. the C-ln-C. British Troops ...in..China...

$57,000 In Two Suit Cases

Unmanifested Cargo Charge Withdrawn Charged with bringing into the

said enunset, it was the duty of the Colony unmanifested cargo consisting Judge to point those out to the Jury. of two sult cases containing $54,000

The Chief Justlec: All these matters are helplessly were before the Jury. I do not ace

in Chinese currency and $3,500 in Canton currency, Hung Cheung-mo, trapped underground as the result what this has to do with the grounds48, of 45 Bonham Strond Fast, op- of a gas explosion which occurred in of uppeal. These matters were peared before Mr. Edwards, ni the the Mayachi pit of the Yubari Mine properly left by the Judge to the Central Magistracy this morning. at 4.10 p.m. yesterday,

Jury.

Hung was represented by the Ion, Dealing with the question of Mr. M. K. Lo, while Chief Proven- As the interior was filled with gas, misdirection of the Jury, Mr. Chen tive Omeer Grimmitt prosecuted. Are apparently broke out in the pitsaid the medical evidence was strong-

Verr. for Granit Paveling. this morning.

Hy in favour of the appellunt since it

trader and was instructed to bring Only one miner has managed to was hardly consistence with the story

the suitenses to Hongkong by n come out to the surface. The fate of of a struggle and terror of the op Hongkong bank. Mr. Lo submitted the remainder is held almost hope-peliant on the part of the woman, that the sult cases were Hung'e per- less, despite frantic rescue operations but the Judge in his summing up to sonal luggage and could not be termed

the. Jury, without the slightest as 'cargo! evidence, to justify it, explained In answer to Mr. Lo's submission, away the fact that there were no Mr. Grimmiit said the Revenue de- |marks of violence on her body. partment considered any freight, that could be charged for or charged on, as cargo,

by the authoritles.

Sabotage Reports Discounted

There was no suggestion, Mr. Chen continued, by the prosecution that there was any terror as a result of Mr. Edwards sold with the facts which the woman had submitted to before him he could not come to a SPECIAL TO THE "TELEGRAPH

the man. On that ground. Mr. Chen definite decision. The charge was WASHINGTON,

submitted, there had been à miscarri- | withdrawn. Jan. 6 (UP).— Sensational rungura of attempts to age of justice. The Jury had come sabotage the great Boulder Dam have to the conclusion as a result of the

Constitutionality

Of Bill Debated

there were no marks of violence, that

MANILA

THE HONGKONG built 150-ton junk Cheng Ho be. haved splendidly on her maiden voyage to Manila, averaging 7.2 knots in a strong north east monsoon varying between force five and eight, Mr. J. Peterson, who sailed the junk over told a "Telegraph" repre- sentative on his return here. Leaving Hongkong on Boxing Day, the junk arrived at Manila, where it attracted great atten- tion on December 30.

"The Junk really behaved like a big ship and has proved a very solld and wonderful boat. We maintained our speed with the assistance

the lee diesel engine as we wanted to gel to Manila in time to celebrate New Year's

he added. Day Mr. Peterson has had considerable experience in salling this type of craft. He

was

unlucky to lose his own beautiful Junk Pan-j In the Red Sea after successfully sailing it from Hongkong in an attempt 10 reach the New York World's Fair.

No Vibration

"There was no vibration from the two 140 h.p. diesels, which are a superlor typo of motor. For her botanical expeditionary work in Netherlands Indies, the junk is an ideal cruft, her extreme tourniness making her preferable to a schooner. Large crowds assembled when the Cheng Ho anchored at. Manila near the Army and Navy pler off the Lunets and many went on board, sald Mr. Peterson.

Following the boom in sugar and mining in the Philippines many en-

Dr. David Fairchild, one of the quiries are being mide regarding the pontors of the expedition and Mrs. building of luxury craft in Hongkong, D. Archbold the other sponsor will Mr. Hauserman, who has large gold join the junk in Manila. mining interests vndered a 300 ft.

cruling motor yacht from Germany

just before war was declared,

was

As it

to be an ali stect craft, the German frm

of Krupp have on-

nounced that they are unable to meet A Look Through

the order.

that

There is every indication Hongkong will become a more pro- minent boat building centre follow- ing the war in Europe.

Craft Described

The $125,000 melor yacht is to be bullt for Mr. Manuel. Garcla the

The Telegraphi”

50 YEARS AGO

Jan. 0, 1800,

North Sea will be begun at once. A to connect the Atlantic Ocean with the Manchester Arm has contracted to com- plate the conal at a cost of £8,000,000.

wealthy sugar man from Negros, The projected Firth of Clyde, Canal The craft will be twin screw with twin diesel engines of 200 h.p. each will be capable of about 12 knots. It will be a composite craft with a steel frame and wood plank- ing,

Mr. Carmelo, who holds a Master's Certificate in sail, la carrying family

tradition. His grandfather owned and operated a fleet of 11 brigantines, and frigates which piled between Mexico and the Philippines. These were

vere 200-ton craft between 110 ft. and 140 ft. in

To

He is planning to build a brigantine in Hongkong. A brigantine is a small two masted vessel, aquare-rigged like a brig, but with fore-and-aff main- sal and raking masta.

His handsome yacht Elvira launch- ed by his wife in Hongkong in Octo- ber will be salled to Manila this month by Mr. J. Peterson and Mr. Norman Torrey, an American. Join ing the yacht in Manila, Mr. Carmelo intends cruising with friends in the South Sean, for several months.

Workers And Police Clash

In Court

Three new Ironclads of 18,000 tons and 20,000 horie-power will be added to the naval strength of Italy na soon possible. Vessels. Armor, guns etc, are to he made in Italy.

The "Chorollatha" is the last London dance, the name comes from chores, a dance, and elisthanein, to glide.

Baron Dounezal, a French officer, pro- pears that France and Germony should. Right on a new principle, each country to have 100,000 men on lis sidu only. At the same time he is 11beral in his offers to Germany, and says that the country may

have 10,000 itallans to help it.

25 YEARS AGO

Jan. 9, 1915. The deadlock on the western frontier seems complete. In spite of Incessant attacks, driven home with quite extra- ordinary resolution and hurslangs of shell expended every day, the lesson and gains along the fighting front fairly balanco one another, and at this rate things could go on for weeks with nd- vanlige to neither alde were the re- sources behind both mere nearly equa}.

10 YEARS AGO

Jan. 1, 1930.

A further fall of a larthing was re- gistered in respect of the Hongkong dollar when exchange opened this morn- Ing. This brings tho 1.T. zate down to 14. 4, which is as low as it over

Jan 9, 1935.

Thirteen Men Appear been in the stars of the Colas.

5 YEARS AGO Thirteen employeea of the Chung advertising. of Hongkong as a tourists The question of the more adequate Hwa Book Company appeared before or travellers' resort, which has periodi Mr. Himsworth at Kowloon Magis eally arisen in recent times, I taken tracy this morning charged with a step further today by the suggestion nähting in Pak Pai Street. Nine made by, a contributor that the time were also charged with having in- has come for some difinito ection to timidated T, T. Kong to abstain from be taken in the matter doing any act which was his legal right to performs.

Ball of $500 each was allowed, and they were remanded for a week.

If Ja understood that the manage- ment of the Company requested the poller surround the works On Saturday. When about 300 workers

police and had a struggle. Eight workers were injured.

Hitler Has Another Conference

(Reuter).

Beer Stolen From left the works for tin, they met the Hitler, back after his Christmas holl-

The N.A.A.F.I.

A quantity of beer, cigarette etc.,

NA.A.FI. at Devil's Peak yesler- day. The theft was reported to the Police by Sgt. Billingham of the 8th. Heavy Battery, De

valued at $90, was stolen from the

Trans-Atlantic Air Service In June

LONDON, Jan. 9 (British Wire-, less). The British Overseas Airways CANBERRA, Jan. 8 (Reuter)Mr. Corporation is sending a technical R. G., Menzies, the Australian Pre-expert to the United States, Canada mier, stated to-day that the Govern- and Newfoundland in anticipation of ment immediately is considering the opening a Trans-Atlantic air servico question of diplomatie representation in June from Britain, In Tokyo.

AMSTERDAM, Jan.

days, has begun conversations with his political and military chiefs..

According to the "Telegraal,” the most urgent business is Germany's) attitude to Sweden and the Finnish

Concrete developinents are expect- ed in this connection shortly.

Less Unemployed

In Britain

bron given a qulotus by the report of judge explaining away the fact that the FBI., which recently investigat the act did in fact take place without. ed the stories.

Mr. Edgar Hoover, Chier of the the consent of the waman. F.B.I., attributes the rumours to the Mr. Gould, replying, said the words special precautions taken to guard the complained of were not a misdirec

tion but an omission to

direct. dam offer war broke out in Europe.

Therefore, the onus of proving that There was a miscarriage of justice was upon the Appellant. He submitted. however, that this was not, on the face of it, a case of misdirection but la suggestion to the Jury that the wo- man's story as to her resistance may have been exaggerated. DUBLRI, Jan. 9° (Reuter) ~~~It is

Jury Criticised officially announced that the Presi

dent, Dr. Douglas Hyde, thas del Giving judgment, the Chief Justice vided, after consultation - with the referred to several "unsatisfactory Council of State, to refer to the features" of the case and said the only Supreme Court the question whether question was whether those features the Offences Against the State Hill had been brought about by the con- empowering the Government to in-duct of the Judge, The answer, he

"The responsibility for any mis- tern people on suspicion is repugnant thought, was clearly in the negative, carriage of justico was not the to the Constitution.

His Lordship said he found it dif- Judge's but the Jury's. On the ficult to follow the mental process of second point, the Jus were du C. Q. M. S. Buckle, Area Signals Loses Wrist Watch JOHANNESBURG, Jan, 9 (Reuter) tho Juy. "I am sailed on roading warned regarding the evidence of the Office, China Command, has reported -----The Tranavani, gold production has the notes of evidence and the sum- small child--that I was unrellable to the Police that 2,000 yards of #leo-- Mrs. Jo Chane Russ, ▷ Kimberly reached an all time record value, mary of the Judge's summing up." he and should be disregarded. The de- tria cable valued at:2280 was stolen fond, has reported to the Felice. the computed at: 295,000,000 on Inerecto said, "that there was no material claion I have come to though not from an enclosed area oft: Shek- loss of a gold wristwatch, valued at of over £10,000,000 on the previous point, either a point of law or a point without hesitation, is that this con- Road between December 25 and '350, between Kimberly Road and the

of evidence, bearing directly Inviction aliould be uphold." January 9 this year.

Gloucester HoloL.

year.

favour of the Appellant, which he did not: fairly put to the Jury.

Military Cable Stolen

LONDON, Jan. 8 (Reuter)-The registered unemployed on December 11 totalled -1,801,000, which was 41.000 loss than on November 13 and 400,800 te than on December 12, 10$8.

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