1948-05-28 — Page 5

Damages Reduced By $55,000

APPEAL SUCCEEDS

A reduction of damages from $145.000 to $90,000 was ordered by the Full Court this morning when Mr Justice Gould (silting with Mr Justice Reynolds) de- livered judgment in the appeal brought by the Hongkong- Canton Export Co., Ltd, against the Far Eastern Air Transport -Incorporated.

Costs were awarded the np)- pellants.

The appellants

were represented

by the Hon. Leo d'Almada, KC, in- structed by Mr F. 1. Zimmern and the respondents by Mr II. G.. Shel- don, KC, Instructed by Mr E. S. C. Brooks,

The plaintiffs originally claimed $187,072. The action was for breach of contract, and damages were ne- senset by Mr Justice Williams on March 0.

The judgment read:

PAULA

THE HONGKONG TELEGRAPH,

By DENNIS WHEATLEY

SURELY YOU DON'T SUSPECT CHELY BECAUSE THAT DOBBING TRICK MADE HEAL FAINT? WHAT POSSIBLE MOTIVE...**

MOTIVE?SHE COULD NEVER BE A STAR WHILE KITA VANE

WAS ALIVE.

MR LEWELL,

IVE JUST REMEMBERED SOMETHING-THAT SLIP RITA MADE WHEN SHE WAS MOUTHING THE DUTCH DOLL. SONG WITH THE

PLAYBACK...

Closing Addresses In Wood Murder Trial

VERDICT EXPECTED· LATER TODAY

This morning's proceedings before Mr Justice Williams at the Criminal Sessions in the Wood murder trial were confined to closing addresses by the prosecution and the defence. The Acting Chief Justice started his summing-up after the lunch ad- journment, and a verdict is expected some time this afternoon.

This is an appeal against the quan- tum of damages awarded in respect of the wrongful repudiation of contract of agency by the principals therein. The agency was in respect of the Hongkong business of the passenger air line known as FEATI and it is agreed that the damages to be awarded should be the estimated! Three Chinese are on trial for the carnings of the agents for the

ar murder of Lytton Beuls Wood who, 1947, based on a commission of 5 together with a companion, George

Year

Ronald Ross, were attacked and

that the Jury should exercise the greatest care in considering them. Because confession9 were made, percent of the receipts from out- robbed by a gang of four men on a

that did not necessarily indicate going passengers and freight. From

that

the persons who made them the known earnings of the agency path leading from

were guilty. Lion Rock to in respect of the last four months of 1 when out for a hike in the Kow-submission of the defence that the Shatin on the afternoon of February In the present case. it was the 1046 and from a comparison of nir traffic gures in the Colony for that word lying dead with his face in a

that loon him. Ross subsequently found statements were completely and perind with the known figures for 1947, the plaintiffs estimate that the pool, and a large rock placed on the

back.

gross receipts for 1947 would have small of his bare Lau Hol (allas been $100,000, (At one stage the plaintifs submitted larger esti-Lau Yun-hol) 20, unemployed,

000.

utterly false from beginning to end. Mr Wright then referred to certain contained in the statements and the Inconsistencies between the stories

He evidence given by Ross. There were

which is, however, quite untenable). 32, gardener, employed at 377. The The defendants estimates is $175,-| 000. From these amounts there Peak. is a deduction of $43,000 which A Special Jury, comprising lead the plaintiffs consider

would have ng businessmen, both British and been in fact somewhat more than Chinese, Is empanelled. their expenses for the second Mr D. A. L. Wright, Instructed by Mr P. J. Grimths, is appearing for the defence.

to

the

mate of over $230,000 upon a basis Cheuk-kul, 26, unemployed, and Livarious other points in the state-

whats ble Chung-chun (alias Li Chik-sang)|ments which went to show that they were not worthy of any credence Whatsoever. If the Jury could not depend upon any of those statements for the truth, how could they depend upon them in deciding whether the accused were present at the scene of

drime, he asked. Referring to the evidence of the The prosecution is conducted by

accused that they had been conched Mr A. Lonsdale, Crown

In their statements, Mr Wright sald Counsel, assisted by Det. Sub-Inspector H. T. the Jury had seen the accused in Matches.

the witness-box and there was no doubt that they were dull-witted and illiterate, and not the persons and i type

who

could make up statements In the manner produced. The Jury, he submitted, were not entitled on those confessions to draw the In- ference that each of the accused were present at the crime.

half of the year 1947, bringing these respective estimates down $143,000 and $132,000. The amount of the actual award

was $145,000 and if nothing further was to be considered this Court would not, in the light of the principles erning appeals of this nature, inter- fere with that judgment. But the defendants urge that a further sub- stantial deduction must be made by reason of the general reduction of fores from early in 1947. On this account they claim a further deduc- tion of one-third of the estimated gross receipts (less freight receipts) which, if allowed, would bring their own estimate down to about $70,000.

fle

there

}

Mir

THE MAIN POINT In his address to the Jury, Lonsdale submitted evidence

that from the was an attempt ma made by the gang who attacked the two Europeans to conceal the two bodies so, that the crime would not be detected, and there was no doubt that Wood was murdered in cold blood.

dence it appeared almost cerinin ence that the third accused had

the

GROUNDS FOR ACQUITTAL

There was the strongest grounds for acquitting the third accused, argued Counsel. He was not iden- fled, and the alibi he had put up was one he and maintained from the first. He had stuck to the story that he spent the afternoon February 11 with a friend, not only at the time of his arrest, but also in the committal proceedings in the Lower Court and before the Jury. His employer, moreover, had testl- fled that he

was given two days it holiday on February 10-11, and

that he would have was unlikely

FRIDAY, MAY 28, 1948.

Cherry, sand-in for the dead story comce under suspicion.

SUPPOSING THAT WASNT RITA, BUT CHERRY IMPERSONATING

HER!

WHAT!

THAT WOULD MEAN THAT NOBODY'S ALIBL

Gais

"Are you sure one beats this kind of rug, Hear?"

DIFFICULT

DAYS FOR

SHIPPING

WAS WORTH

ANYTHING!

Hon D. F. Landalo's

Comments

Four-Week Armistice

(Continued from Page 1)

Chief subject of these talks,

was bellevéd, wha the possible withdrawal of 37 British officers serving with the Transjordan Arab. Legion.

Earlier in the day, King George hnd a

a Arst-hand appreciation of the Palestine situation

General from Sir Alan Cunningham, former High Commissioner of the Holy Land.

international moves were background to heavy

fighting

ing in Palestine when Haganah Jews renewed their onslaught on Latrue, key Arab, point on the Jerusalem- Tel-Aviv rond, 20 miles from the Holy City.

the

As the Arabs were reinforced at Latrun-according to Jewish sources from Sheik) Jarrah; the Jews heavily counter-attacked this quar ter of Jerusalem and blew up an Arab position,

According to an Arab

ding

account, the Jews were repulsed after heavy fighting which lasted three hours.

The Arabs yesterday

captured Bidow Kfak, on the Jerusalem-Tel- Aviv road, a Haganah communique reported tonight. From this place In the course of his speech at they shelled the Jewish settlement

the of Maaleh Hahrmisha. the Annual Meeting of Indo-China Steam Navigation Co., Ltd., held at Messrs Jar- dine's office today. the Chairman, Hon. D. F. Landale spoke of some of the difficulties with which present day ship ping companies are faced.

He said that many of the problems of transition from war to peace to which he had referred in his speech last year were suil existent, though much had been done during 1947 to re-organise the Company's affairs so as to meet the changed end changing situation brought about by political and economical develop ments. He thought that there had been reason to hope that the year 1047 would produce some relaxa- tions, but, in retrospect, he could not see any striking development in the Company's favour,

Despite these difficulties, sald Mr Landale, "we have been able to keep our small fleet fully and remunera- tively employed and I hope you will regard the result of our operating account as satisfactory."

UNABLE TO FORECAST

|

UNABATED FIGHTING

mean-

The Jewish Air Force" bombed Arab concentrations last night in the area, the communique said.

A Tel-Aviv communique, while, stated that fighting in Jerusa lem itself continued unabated ail fronts. Strong Arab Legion at- tempts to smash through into the Old City from the Damascus Gate were beaten off, the communique added.

on

was

Arabs Late dispatches and the launched a heavy attack on Jewish positions In the Old City-In and around the Great Synagogue--and that the arch was swathed in smoke from Arab demolition explosions. Hanounm northeast of Gaza,

An Egyptian advance post at Belt reduced, according to a Haganah dispatch.

Transjordan Foreign Office spokesman, meanwhile, said Amman today the aim of the Arab nations fighting in Palestine was to set Arabs and Jews could live together up a "United States in which In equal rights and privileges."

He added that "although Jows and Arabs would belong to the same nation, legal autonomy might granted in certain arens,

in

be

The main point in the case was REDUCTION IN FARES whether the three accused were If this last deduction is a proper among the persons who attacked the one, it is plain

Europeans. There

evidence that the sum of

Was $145,000 is considerably more than that the first accused was seen should have been allowed, unless it about 12.30 p.ru. on February is right to inke Into consideration

fon moving along the roule

of the that upon The fnet

the correspon- robbery, and there was other evid-

that the rate of commission payable heen seen previously with him.

Counsel would have been raised before the

further reminded

ᏓᏝᎢ . end of the year. Somewhat similar Jury that February 11 (the second

He went on to say that practically principles were involved in the case day of the Chinese New Year) was of Golder's Green Co.

every economic and social force was V. Relph,

day whi

which would stand out in taken another day's leave without reflected in miniature 1915 31 T.L.R. 343 but there the the memory of the Chinese popula-

in the com-

"Nobody in Transjordan wants a cease-fire except on an uncondi- -new arrangement had actually been tion, and- --it was likely they would permission. Though third accused's plicated mechanical and social struc-

put into effect while here it was

events which had oc-friend had stated in evidence that ture which made up the modern

lerntional surrender of the Jews and remember

ship, which.

5000 дв sho declaration by them that they have something

abandoned the idea of February 12 with him, Counsel an indeterminate Year holidays.

of a Jewish come into being, was faced with future date for the doing of which

spokesman added.- Though the accused claimed that submitted that the date was actually the task of replacing herself under state," the po local obligation existed. Upon their statements had been obtained February 11,

different

and unpredictable condi-, Reuter. consideration, the Court is of the by the Police through threats and

tlons two decades later. The in- Counsel also referred to the time ability of the shipowner to forecast opinion that Counsel for the plain-bentings, they had been held by the

was right in not relying on this Court to have been made volunturi-actor. From the evidence the crime his financial commitments with any aspect of the matter. It appears ly, and Counsel subinitted the Jury around 4 p.m. and it was utterly im-

septe time degree of precision in

regard to incontrovertible therefore allowance must be made for the re-

lielty in the shipping and financial duction in fares. From the file of likely that the Police officers who correspondence however, it appears

to The Peak by 1 p.m. when he was press and divergent views had been had given evidence in the case, that the reduction did not take all officers

scen returning to the house by his expressed by leading figures in the with many years of

employer.

Industry on financial policy and the place until late in March--vide experience, would jeopardise their

treatment of depreciation in par- careers in order to bring false evid-

ticular. ence against the accused.

merely an inchoate agreement to do cure a

do eurred during the Chinese New the accused had spent the afternoon

tias

nt

had been committed

that an must apply their minds to them on possible, in his submission, for the placement had received much

that basis. I was extremely un-third accused to get from the scene,

anyone,

Dealing with the first accused, Counsel argued that it was incon- ceivable that he could have made the statement attributed to him, and submitted that the Jury could not attach any weight to it.

pub-

*

Played Part In Ammo Theft

to

11

SHOWING

TO-DAY KINGS

AIR-CONDITIONED

"Now they know about us!"

You need more

than fuck to

be a lady

in Shanghai!

¡COLUMBIA FICTURES

presents.

HAYWORTH WELLES The Lady from Shanghai

ADDED ATTRACTION

Ar 2.30, 5.15.

7.20 & 9.30 p.m.

THE NEW MARCH OF TIME

BUSINESS!

"FASHION MEANS

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Prvinced by BYDNEY BOX Directed by KEN ANNAKI Story by GODFREY WINN

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THE TOUGHEST TOWN

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A

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· Modes 2CXXI) » Diane Itent » die M82) + Produced by MAT HOLT » Berachad by RÁY (KKCKT - Skroon Pley by Norman Heusen nad Cane rig

PRESS PHOTOGRAPHS

The big larceny case in which a Mainiiffs letter of March 20 and

large quantity of ammunition were Heller of March 29 from the Manila

stolen from the Stonecutters Island office of FEAT. This is confirmed Referring to Ross' subsequent de-

The circumstances of no two com- In February this year was recalled by reference to daily papers where claration, following the Identif

panies were the same and he did today when Chan Yiu, alias Kun HK$800 is advertised by the leading cation parade at which he

not believe, that any hard, and fast Tau, unemployed, admitted before companies as the Hongkong-Manlia failed to

pick out

that

rules could be laid down about these Mr Latimer at Kowloon Court the fare from January 1 1947 to March he thought the second accused re-

matters. There was no divergence, charges of aiding and abetting in 17. Then a reduction was made to

to sembled one of the men who at-

As for the second accused, Ross' however, in the underlying principle the theft and possession of ammuni- $500 and by March 21 there is tacked him, Counsel argued that Identification of him was not con- of conservatism which pervaded | Bion. reduction to $300. The deduction however bitter Ross might feel clusive. There was not that degree financial polley throughout the In- Chan denied the first count of claimed of a full third on this ac- over the loss of definiteness required in a serious

and in this the Company's of 80,796 rounds of .38 re- count is therefore excessive though not low as of his friend, he would matter of the present nature, Coun interests were best served by their varceny or 847 rods of 455 re- 11 must be noted that the January-ride his intelligence.

sel contended.

being no exception.

volver ammunition from the Naval March period was the least busy Speaking of the statement made.

The Chairman said that the establishment on February 9. The The ente presented by the prose Directors had continued their policy charge was withdrawn against him. by the third accused, Mr Lonsdale cutlon left many gaps and uncer- period, of the year.

and

Defendant was sentenced and there was an unequivocal ad- tainties, declared Mr Wright, Tak- of disposing of uneconomical UNDER MISAPPREHENSION mission that he was present at the Ing various factors into considera- obsolete units of the fleet. With total imprisonment of three years The basis of calculation of the crime.

It was, however, not a con- tion, he submitted that the Jury must the new tonnage acquired during on the two counts. damages awarded by the learned fession but an exculpation.

the year the Ficet, though small, comu to the conclusion that the Trial Judge was not stated in his Counsel suggested that all tree

average book judgment, but from a perusal of part accused were present at the robbery Crown had not brought sufficiently how averaged nine years of age and

positive evidence to satisfy them £16.11.0d. per gross ton of his notes there appears to be which

Immediately was followed grounds for thinking he understood by violence. He submitted that all beyond doubt of the guilt of the

This is satisfactory," he added,

Found with 17 theatre tickets in the gross estimates of the opposing persons hiding and abetting in the three Accused. parties to have already allowed for crime, whether they actually com- reasonable doubts in their minds, and we must now look forward to his possession, Chan Leung the $43,000 deduction for operating mitted It or

equally the law required them to resolve it the future and to the replacement fined $200 or eight months by Mr

in favour of the accused.

of defclencles which exist in our Blair-Kerr at Kowloon this morning... expenses. The Court has referred guilty.

The trial is proceeding.

more important trades.'

for blackmarketing the tickets. It was disclosed at the meeting Sub-Inspector Howarth said ac- that an order had been placed with eused made ten cents out of every Messrs Wm. Denny & Bros., for a 70 cents ticket he sold at the Sun new vessel for the Calcutta-Japan | Wah Theatre yesterday. He also line.

had $43 in his pocket.

The Magistrate ordered the money Answered

spy

had

of

not.

word

DEFENCE PLEADING,

If there were any

Gold Sewn To

Brassiere

were

In

value

TEA PARTY FOR ALUMNI

of

to the learned Acting Chief Justice on this point and 15 authorised to say that he was in fyet under this misapprehension inctor

which

For the defence, Mr Wright, de- would otherwise have reduced the

clared that the burden was not on the accused to prove their innocence, amount of his judgment to $102,000,

As substantial reduction must

but on the prosecution to prove its be made, the Court thinks it proper case to the Jury's satisfaction. Re- to make its own assessment. The ferring to the statements, he asked Agures are only a rough guide as

what weight should be attached to It

Impossible to

them. In considering them, they FEATI's proportion whether

all the to take into account

Two gold bars weighing Ave taels trome

clrcumstances of the case, including [cach would the

sown found

to the tothi

have

A ten party will be given by Mr increased от diminished

the statements of the accused when brassiere of Chan Shon-chung, 25, during the year

1947. The defendants' the admissibility of the statements during a routine search at Kal Tak W. Kwok, the Special Commis- the Yesterday, sald RO Knox, prosecut-stoner of Foreign Affairs to estimate of gross returns ($175,000) was being thrashed out.

Quoting from Wills Circumstan-Ing at Kowloon this morning

of SJUAA and their (members though more carefully worked out tinl

warned Evidence, Counsel

Sunday at 4 p.m. may be no more accurate than the against placing implicit confidence know what is," commented Mr Blair- Kwok's "If that is not smuggling. I don't familles on

residence, No. 10 Po plaintiffs' rough estimate of $100,-

Shan Road, confessions, He emphasised Kerr, who cautioned Chan and con-

It is traditional for Alumnl of fsented the gold valued at $3,300.

Ist

John's University to hold a May well-dressed a

young and have been more than their actual woman,

Univeralty of 244 Lockhart Rond, Outing annually at the

In Shanghai. The May $47,600 in respect of the reduction expenditure for the second half pleaded that she was an overOuting at Mr Kwek's residence for of fares, leaving a

balancu

Chinese and had taken the gold from of усат.

the Alumni is keering up with the $90,000. The sum of $1,002 already The damnges awarded aro ac-Conton for expenses as she could not received on account of commission | cordingly reduced to the

of take in enough CNC. She said she old tradition of St John's Univers has not been taken into account In | $00,000. The appeal having been wanted to have the gold on her in More than sixty Alumni and view of the evidence for the plain successful, the costs will be paid by case of a plane accident when her their families are expected to take

ipart. tiffs that $43,000 would probably the respondents.

other possessions would ba lost.

000. It seems reasonable therefore

take the mean

upon

of these two

from $43,000 for

to Aguris ($180,300) and deduct thero-

expenses

sum

Chon,

campus

ot

Ticket Scalper

to go towards the Ane.

ZBW RADIO

T.

›WAS

Programma Summary: 0.01. Children's Half Hour: Songs for Doys and Girls

Donald Fraser. presented by studio: 630, "One Night Sland". Tre sented by Phillo Bum (Studio); 7, Fred Harley and Hils, Music (UBCTS); 7.15, Songs by Mexican Composers (Frederick Fuller)Baritone. (DBCTS): 730, "Tho End of the Play"A Mystery play by Fellelty Douglas (BDCTS): D, World and 1lome News London Relay): 0.13, Health Week"The Destroyer (Studio): 0.39, "Gillbert and Sullivan The First Quarrel" (INCTS); 930, Popular Classics; 10. World and Mome. News (London Ne lay): 10.15, wWeather Report: 10.18, at Paul's Sulta (folat)....The Jacques Sirlag Orchestra: 1030, New Dance To- cords: 11, Radio Nowe Rest (Lontion Re- lay),, 1135,- Weather Report and Close Down

Coplas of photographs taken by the South China Morning Post and Hong Kong Telegraph Staff Photographers are on view in the

Morning Post Building.

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