1949-01-13 — Page 5

PWD LARCENY TRIAL:

DEFENCE COUNSEL AGAIN ASKS FOR SEPARATE TRIAL

Taking exception to a question by Crown Coun-- sel which he alleged was prejudicial to the interests of his client, Mr Percy Chen (Counsel for Kwok Kwong) this morning renewed his application for a separate trial, for the Jury to be discharged and for a new trial to be ordered before Mr Justice Reynolds at the Criminal Sessions, when the trial of two mem- bers of the Public Works Department charged with theft of Government stores continued. The applica- tion was refused.

THE HONGKONG TELEGRAPH, THURSDAY, JANUARY 13, 1949.

Important Law Case Concerning Land Deal

Taxi-Drivers' POSSIBLE

Meeting

SUCCESSOR,

TO CHIANG

The stelling taxi-drivers met at noon today at Confucius Ball to dis cuss the employers' new proposals.

The meeting was private and no

(Continued from Page 1) reporters were admitted. The polco, however, were present. It,was dis

Shantung was governor of closed by one of the offelals of the during the Sino-Japanese war. Ho Mater Drivers' Union that it press was reported to have come here on

will conference

be held tonight, | behalf of Vice-President Ll Tsung- when the result of today's meeting JetAssociated Press. will be released,

This afternoon the drivers' repro-

who

Tu

GEN. TU CAPTURED Nanking, Jan. 12.-General

one of China's great states will see the Commissioner Yu-ming, of Labour.

milliary heroes, and leader of the Following the release of the 42 trapped government forces below

.pickets

the yesterday, partial "sympathy strike" ended this Hauchow, has been captured by the

Communists,

military sources re- morning and all public cars were on ported today. the rehid

There were no disturbances at the taxi sinds at Pedder Street and the Star Ferry, which are occupied by about 100 taxis.

An important caso dealing| with the position arising out of contracts for sale of land short- ly before the Japanese occupa-arrested tion of the Colony came before the Chief Justice, Sir Leslie Gibson, at the Supreme Court this morning. Counsel for the plaintiffs stated that this was the first of possibly a number Each case had of such cases. its own particular features and his Lordship's decision on any one may or may not affect the others, sald counsel.

Mr by Yua

Counsel's objection arose during re-examination of a witness, Charles Messenger Rowe, electrical engineer of Pacific Air Maintenance and Supply Company, who was recalled for further cross-

Plaintiffs. represented by examination by Mr D'Alton (Counsel for Spary).

Brook A. Bernacchi, instructed MV, H. Chan, were Kwok Accused are Kwok Kwong, 47, | Police officer. It was on the under-

chuen and Wong Chok-chilu, mer. Spary.

all very vague.” 50, standing it was and Austin foreman,

chants of that the

Wellington Street, 180, electrical inspector, Grade 1, both of Will you kindly tell me

ground floor, while defendants were the Public Works Department, They reason it was "nil very vague" was

the Shim Tet Thong Co., Ltd., with are charged on 10 counts of larceny that you had been much bothered to

offices at · 04, Pontian by publie servant, one of obtaining make a statement of some cart, and registered money by false pretences from the that you really did not know what Strand Enst. They were represented by air Charles E. Loseby, on the steward of the Kowloon Bowling you were saying? Are you implying Instructions of Mr E. S. C. BronS Green Club and one of conspiracy that I was coerced? lo

Government of

defrant

moncy.

the

No, not necessarily.-I should like to explain. if I may, my Lord. The kind of work we do at Kal Tak is very strenuous and we have to con- attention. centrate a good deal of

MRA

The the If them

Plaintiffs claimed that by an agreement in writing entered in between the plaintiffs and defen dents on November 21, 1941. defendants agreed to sell and I have a responsible position. When niantifs agreed to buy from

sald it was vague 1 said it in the Inland Lots 4390 and 4503 together sense that the job was done, finished, with the messunges, erections und and I never expected to see the buildings thereon known as 10 and It had no interest to 7 Li Yurn Street East for $52.000. people agatri

In pursuance of the agreement Mr Justice Reynolds: You

paid a deposit of $5.000 to mean plaistilfs because it was some roe nga nad the defendants.

your

SALE UNCOMPLETED you were working hard at

Defendants had not completed and normal job since then that you did not remember?

Witness: It was a general state-refused to complete the sale and the premises have not been conveved by the defendints to the plaintiffs, ment not on oath, but was what I believed to be the truth.

The plaintiffs claim: (a) Specifle performance of the

for and that the de agreement sale fendants iny be ondered to execute the proper conveyance premies to the plaintiffs.

Mr Percy Chen, Instructed by Mr CAS. Russ, is appearing for Kwok, and Spary is represented by Mr V J. L. D'Alton, instructed by Mr P. J. Griffiths. Appearing for the pro- secution is Mir A. Ifooton, Crown Counsel, assisted by Chlef Insp. J. Johnston, and Det, Sub-Insp. 11. C. MacPherson, of the Special Branch. empanelled comprises The Jury four men and three women.

Charles

Messenger Rowe, electrical Pacific engineer employed by the Air Maintenance and Supply Com- (formerly the Cathay Pacific pony Arwayn), who had earlier tertined to work carried out at the ram- pany's installation in 1947 and 1948 by workmen whom he had said had been sent there by Spary, was realled by Mr D'Alton for crom Spay examination.

Rowe said that O.E. Julebin was a clerk employed by C.P.A. As far could recollect, be

n

wituess

thought that Julebin left his ployment a month or two ago.

Mr D'Alton: Do you know for what reason by lett?

Witness: I don't. F Think Ite resigned to lake on another position to better himself.

Mr D'Alton: So when you had time to reflect on the matter you decided you had not spoken 10 and you said that in your evklence?—Yes, that was on oath.

Rowe was then re-examined by Crown Counsel.

Is this the statenent Mr Hooton: you made to the Police? Will you rend it?

ruary

STATEMENT READ

munced.

was

of the

(2)

(1) A (b) the alternative: declaration that they are entitled to the return of the deposit; damages for breach of contract.

Costs. (c) (d) Such further or other rellet

The Court inay deem just.

There

were

The new drivers said this morning that all taxi operators had stopped employing new drivers for the time

Ing.

drivera.

(The Communist radio said that General Tu was captured while in disguise as a private, and that the last of his 25 surrounded divisions has been annihilated) that two of

hero snld The military sources generals, Chit Ching-chuan and Li General Tu's leading

These sources

the

This la thought to Indiesto that they intend to reinstate the old, were missing.

The new drivers say they said that only 0.000 of his 180,000 do not fear dismissal If this takes starving troops had survived place.

five weeks of encirclement, and that they have been marching south to join other goverment 'forces. An earlier report in the paper, Central Daily News, planes that reconnaissance spotter three columns of 50,000 men and the military spokesman, General that threo Teng Wen-yl, denied Army groups have been wiped out.- United Press.

Court Sequel

To Hold-Up

Investigations by The police following a highway robbery on Sunday along the Clear Water Bay Road led to the arrest of two men. who were charged at Kowloon Court this morning.

The accused are 5 Ting, 22, un- employed, living in on unnumbered hut af Ti Ha Wa Village, and Lau Tin, 32, boatman. of the same vilinge.

news-

zakl hatt

SECRET REPORT Washington, Jan. 12.--The Acting State, Mr Robert Secretary of Lovett, fold the press today that the United States recently received a communic

communication from the Chinese asked that fis Government, which contents be kept secret.

He would not say whether Chino had asked this Government, Brilain, France and Russin for their views on solving the Chinese civil war problemu.

Reports from China for several weeks have said, that the Nationalist Four Government is seeking Bla

Asked whether the mediation.

They were charged on four counts. The fral alleged that, together with

robbed one other, they

Ronald George Ballantine

Cherrie and Julian Maybeth on January 0

ncar money, Tal Hang Han village of jewellery and various other articles,

They were also charged with communication asited for mediation,

Olga Mr Lovett declared he could larceny from the person of Nichnavian Yart at Clear Water say--United Press. Bay Road on December 12 last of a containing money und handing various articles.

related to posses- Other charges

and sion of arms and ammunition receiving stolen, property.

The case came before Mr Bisir- Kerr, who granted a request made by the police for two days' remand för further inquiries.

Junk Mistress Fined

not

Ex-RN Officer

Fined

Bielefeld, Westphalla, Jan. 12. Captain Gay Oakley Maund, 57- year-old former Royal Navy officer and Chief of the British Frontier Control Service in Germany, was found guilty on a charge of larceny by the Control Commission High | Court today.

the

of

The charge also alleged thai Maund had stolen a carpet, described ng the property Of the British Military Government.

ጎይ

Mr Bernacchi said that necording" Witness read the statement aloud,

to the agreement the purchase was "The first and it stated, in part: workshop we erected about Feb-19 have been completed on or before

January 6, 1942en

After dealing with 1947. About this time 1 made

counsel said certain HARRIS IN CHARGE

correspondence, the acquaintance of Spary. During that it would be his case that it was Now, in the course of his cross-

He was fined £25 with an alter- conversation I informed him that wo

native of one month's imprisonment. examination, he said that "we" TC- ferred to the men working on the to wire the workshop.

were naxious to obtain a contractor positive deduction from the or- cumstances at the time that war and Spary said

in incidence of war including pos- For lying Inshore during prohibit-Currency charges against Captain huta an "Spary's men." Asked who he would send a man to do the job.ible occupation would be in any ed hours without a permit. Chan Maund were dropped. He pleaded "we" were, he replied "Rowe, Harris A few days later B Chinese

D

Cinely ballt normal person's contemplation in Kam-mul, 42, mistress of a trading not guilty to the larceny churge.

The Chief Prosecutor said the He and myself." Can you tell us if that

junk, was fined $15 or three days is true, that you referred ໄຄ the appeared.

said November of 1941. with a lot of gold teeth. He

TWO MAIN ISSUES by Mr Cairns at the Marine Court charge related to a dinner service af 120 pleces and seven wine- men as "Spary's men?-To the best Spary had sent

see me, and

two

main facturi this morning.

Frau of the foreman

glasses,

properly of my knowledge, nu.

that he was the

She pleaded that she had dis-

of the former At the time when these works electrical workshop. He looked over issues, he said. Plaintiffs' evidence

Gauleiter, Paul Wegener, who is water at 3 were being carried out at the C.P.A. the workshop and submilled in esti- would be that they attended at the charged cargo last night, and the Wegener, wife

for p.in. was toa shollow of T'EO and Hodgson 011

now in British custody. and on the quonset hut, Harris was mate which was accepted by the office

ether to leave. SI Nippard said the. January

but the vendors wero 6, 1942, in charge, was he not? Yes.

The work Inter com- Company.

were funk was moored alongside the not

Plains What is his present position?--

represented. The Job look about one

that Messrs Kast-praya wall at Shek Lung Street this He is the manager of Paelle Air work. Several men were employed. informed

and the area had been been morning, hindi Maintenance and Supply Company. Due to expansion of the business n

and Ings

Company

The Prosecutor said that all the which is the new name of Cathay 13:48, in April, the Company decided on the second issue would be there should have been on the orders of the accused. Later,

of the occupa dredged by the Purt Works. closed as a

He added that as high water was articles were taken to England to extend the workshops at Kal-Tak, from Mr Harris is away

tho

for the defence to prove and and

of the buildings wiring

WAS WIS

ampte water for the boat to leave, after identification, They Unt the plaintiffs were Colony, isn't he? Can you tell me

necessary. I

Spary's telephone

Wong Pui, 20, master of a cargo | brought `back to Germany by n he left? He left Kal Tak number. when

rang up Spary and ask-lendly territory during the whore at the

was fined $18 or two days for Junk

detective,

told the ed if he could put me on to the of the Japanese occupation

falling to produce his licence when Aerodrome on December 20,

A Detective-Inspector med the Colony. who had executed the

asked to do so by a policeman. Court that Mound said the goods Do you know whether he

Ile sal he could Mr Bernacchi said that there was formed the Police or anyone that he

To Previous contract.

and not by was leaving?--I do not know.

In the parties were, divided or un- deposited as security with a ship England by mistake

It plain- from which he was unteading live-his orders. He said he had showed him what was required, and divided by line of war.

seen the carpet before and the china was not his-Reuter, sited him to complete one bulding tiffs were in friendly territory It stock. se at a time and to submit an account would not make the contract for sale for some time?--In the air for not on the completion of the work. He legal. time.

It was not surden. Harrison

account to the Com- had worked at. Cathay Pacille Ar; submitted an act the records frustration by illegality or impossi-|

paki. Air Main-pany which was.

bility. are with the Company's headquar ways and at Pacific

Me Bernacchi said that his case considerable tenance for quite

the would be that the plaintiffs were in time, and he was pretty run down. ters. He then commenced work on

went

1047 I think it was on the insistence of the second building.

to Australia Hongkong in January course of this, I the Company that he took a holland returned about June 20, 1918, thereafter were in Canton and were

hustl ant 'been

still and the building.

The and asked for payment.

“Pacific Airways.“

in-

same

man

that

in

were

the best of my knowledge, I don't and promised to do so. 1 few days also the question of the legal feet / Defendunt said the licence had been must have been packed and sent to

think he kt.

Was his decision to leave a very sudden one, or was 1 in the air

day.

later. The same man appeared.

During

There was also the question

been never

in

(contenied ;

of

and

friendly territory. He that Conton was equally

-----་

Moslem

never

Celebration

Under the auspices of the Board of Trustees of the Mosques, the bc Holy Prophet's Birthday will celebrated at the Mosque, 30, Shelley. Street, beginning with "Movlool" ot 8.30 congregation on Saturday,

FIRE MAKES 3,000 PEOPLE HOMELESS

Shanghai, Jun. 13.—At least 3,000 people were rendered homelers last evening by a fre which gulfed 600 the northern district matsheds in of Shanghai.

One person was reported to have | p.m. followed by a dinner on Sun-

when a child overturned a kerusene irrespective of nationality, aro in-

vitert. slove while cooking-Reuter,

You would not say he was a completed, The foreman apprentin subjugation to the enemy as well perished in the fire, which started day from 3 lo 7 p.m. All Moslems, }

tually Not in the true sense of m

absent? I cannot day.

I under-

the word. He was n down, tired, manager then took the matter into as Hongkong.

For how long Is he going to be his own hands and the contractor Counsel said that it was also his was changed. Spary never visited submission that the plaintiffs were stare it was tentatively for a month, the work." The workmen worked not at fault and that the default but it could be longer.

between 0 a.m. and 6 p.m. I don't was on the part of the vendors. Now, when this case started last remember any of them except one Hearing is proceeding. August, when enquiries began to be with a blotchy, face. I have Spary's made, you made a statement to the telephone number. It was given to Police, did you not? Later, In the me either by guid-teeth or one of course of the committal proceedings the men. I rang this number when before the Magistrate you changed required information with regard that statement, didn't you?-Yes the worit in hand." Shall I say I qualified it?

Mr Justice Reynolds: It was hol the same statement, `onyway?

Witness; It was not

was

INADMISSIBLE

Mr Hootont In that statement,

to the foreman referred

you gold...

Death Of Noted

Comedian

after

New York, Jan. 12-The death occurred here of Wille Howard, 62, one of the all-tints' greats of vaude- as viile

musical and the Broadway Mr D'Alton: Would it be right,

stage in the Ziegfekt era. Mr Chen: My Lord, I object to Mr Howard 'died in the Polyclinic that your original statement that you had rung up Spory, or this question by my learned friend. Iospital today

a six-week something to that effect? Did This statement its been put in illness.

who mention Spary's name?

Farising out of the cross-examination The sad-eyed little comedian, ALTERED STATEMENT of my friend, Mr D'Alton, on a

made famous the song ckll "Pay The It seemed so in the statement to statement which he made and later introduced "Sweet Attellae" and who The statement 13 not Man Two Dollars," died just a day the Police: Did you mention Spavy corrected.

so far as my client Is before a musleal in which he was In your statement to the Palice?-evidence

concerned,

to star was rebeduled to open on I dil.

Crown Counsel retorted that since Broadway.-United Press, the statement had arisen lit, cross- examination It could be used evidence in the case. He submitted that be

was entitled to clear up gentleman es gold-teeth. Who

Witness: That man (indicating what the witness meant by a cer- you mean by that? tain reference.

Mr D'Alton: The statement has Kwok Kwong in the deck). been retracted, my Lord.

Subsequently you altered your statement this way, that you had rung up the PW.D. but you could not say you had spoken to Spary, Isn't that 507-Yes.

by"

43

dld

Whom did you mean by blotchy face?That man there (indicating a When man identified as Au Pui).

Foreman of the Jury: you telephoned. the PWD exchange,

spenk you ask to speak to Spary? whom did you ask to

Witness: I asked to contact Spary. And the person who answered tho

to? Did

This is what you are alleged to have said to the Police "1 rang

asking up Spary

if he could put me on to the same man who

Mr Hooton: The only question had executed the previous contract. Ito Fald

he would do NO and I want to ask him is what he meant promised to send a man

Fold-teeth. Mr Chen: I object to that and Subsequently, as I say, you stated on

the way the question is being put. outh that in fact all that happened

had rung

up the I submit it in highly prejudicial to was that you P.W.D. number and someone had my client. It is not arising out of given the name or number of cross-examination on my part, and

you

That is the true

I have no remedy, My Lord, I now phone did not give you any name?

No. It was a male voice. the

contractor,

Mr D'Alton: I think the post- make a formal application that the story? Tint lo so.

result of this alteration present Jury be discharged, that a tion should be cleared up, my Lord. Now, Ra In your statement It is a fact, is it now trial bo ordered, and that the The witness has said that when he rang up the exchange he was tol not, that the Crown wanted to treat accused be granted separate trials. you a hostile witness?--That is correct.

In your explanation, which, is on the deposition, you said "I made a statement to the Police. It ́sivas n

Mr Justice Iteynolds: I rule that that Spary was in conference. I' the question in admisable and I re-think that should be made clear lo fuse your...format.application, Mr the Jury.

Witness: That is correct. Chen.

Mr Hooton: You referred to this The trial is proceeding.

SIDE GLANCES

10-27

By Galbraithi

COPIL SIKH BY MEA GERVICE, WE, T, K, KELL U. U PAT, OFF,

"Sha's too ambitious-always wants to load the classi Looks like George is stuck to carry home a truckload of books every night!"*

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SHOWING TO-DAY: 2.30-5.15-7.20 & 9.20 P.M. A FANTASTIC COMEDY FULL OF FUN AND LAUCHS! !

YOU CAN'T BLAME THE NAVY FOR

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J. ARTHUR RANK PRESENTS

Miranda

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.. PRESENTS

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7.20 & 9.20 P.M.

starring JEAN KENT DENNIS PRICË-FLORA ROBSON GRIFFITH JONES-HERBERT LOM

Bericht by Bald Mazzers · Sorozhy by Marvel 6 Jyzaj ka & Te65 19JIK A SYDNEY BOX PRODUCTION EAGLE LION DISTRIBUCION

COMMENCING SATURDAY "XIVTH OLYMPIAD— THE GLORY OF SPORT" COLOR BY TECHNICOLOR

ENFAAT 2.30, 5.20,

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7.30 & 9.30 P.M.

RETURN ENGAGEMENT BY POPULAR REQUEST, MORE DAZZLING ENTERTAINMENT THAN YOU EVER DREAM OF!

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Dick HAYMES in BILLY ROSE'S COLOR BY TECHNICOLOR

"DIAMOND HORSESHOE”

with Phil SILVERS A 20th Century-Fox Picture OPENS TO-MORROW:—LUSTY, BRAWLING ADVENTURE! Yvonné Do CARLO Rod CAMERON in

COLOR BY

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" RIVER. ĽADY * TECHNICOLOR

with Dan DURYEA & Beautiful Helena CARTER

OUTWARD MAILS Radio Hongkong

registered

Unleas otherwiin stated, articles and parcel post cluas 30 minutes earlier than the ordinary mall. If malls rinse hetare 10 Am. Fegistered, and barcel porta close at 5 p.m. on the pre- vious day. Stalin ner clued at Rowlaan Central Pest Omee, lalf an hour earlier than the Gro closing times.

p.m..

HKT.

4. Programme Summary: 6.01, Child- ren's Story: "The River Bandit" by El- feston Troyer. Episode 1: Trouble 15 the Wood" (NBCTS): 0.21. Interlude; 4.30, La Dem-leure Francalve (Studio); 1 Work News and News Analysis London Nelhy): 7.15, New Mayfair OF THURSDAY, JANUARY 13

chestra: 730, "Down Beat Dlsen" pre- Closing Times By Air

sented by Poot Stuart Studio): 0, "From Kunming. Lhuchow, Amoy, Shanghai,

the Editorials" (Lendon Relay): 8.19, Nanking. Wankow, Taingtao, Pelplan-university Programme: No 7. Pure and Kwellin, Chungking and Swatow, 20 Applied Science Geology by Proteas or WD. R. King incrs1: 6.30; "Con- Itangoon, Calcutta. Karachi, Bahrein, serta Concerto No 1 in G Minor, Op 20 Alexandris, (Nairobi, Johannesburg" and

Max Bruch) Yehudi Menuhin (Violin) Marseilles via Alexandria), Itome and and the London Symphony Orchestra: London, (CPO) 4.30 p.m.: (OPO) im. 14, Lexlio Jeffries and is Orchestm Bangkok, Stagopore, Batavia, Colombo, & Frankie Carle (Piano); 9.15, Book Re- Bydney and Atickland, „**p.m. [/

view by Ruth Kirby (Studio); -1.30, Japan. 8 p.m.

The Odd Blory, of Simen Ode" My tery Berin hy Lester Powell. Episode 31 "Situation Vacont" (BBCTS); 10, Nodio Newsreel (London Relay): 10.15. Wen- ther Report: 10.10 "Thitraday Serenade" A Programina; Continuouw Music: 10.43. Dance to Carroll Gibbons and • #fis Orch; and Jane Lee (Vocal) (BBCTB); 11.15, Weather. Report and Close Dow

Galgon and Paris. 8 p.m.

Closing Times By Ken Stralls, 3 p.m.

Manila, 3 p.m.

FRIDAY, JANUARY 14 Closing Times By Ale Ewalow and Amay, 830 mm, (reg); 01 a.m. iord),

Shanghai, 2 nm, treg): 0.30 am. (ord). Shanglial, Nanking, lankow, Taingian, Paiping, Taipeh, Swalow and Amoy, 1.50 ta..

Manila, Hienolulu, USA & Canade.

8 p.m.

And p.m.

Ordinary Ale Mail Printed Matters Samples ast Small Packet Ports for Manlin

and Cam. Honolul

UBA (CPO) 4.30 p.m.; (GPO) 5 p.m.

Air Parcel Posts for Manila, Jonolulu,

USA, (Cro) 4.80 p.m. (OPO)

Ciming Times By Bea

Saigon, 10.m,

Bankok, 10 am.

Haiphong and tothow, 10 am,

Pakhol 10 am.

Маліна, 10 т.

Termola.via Keelung, 10 am,

Swalow, 11 1.11.

Danish Planes Crash

'Copenhagen, Jan. 12-Two Denish Air Force Spitfires crashed today. The pilot of one was killed when his plane came down during a

owstorm on Jutland.

The second plane crashod while Innding at on airport here. Another Danish Spitfire crashed earlier this. weekReuter.

· Kourabaya - and

Strails, MACASSET, Datavia, 2pm.

Shanghai, 13 pan.) ~Trankong,"") "pm."

4.

Page 5Page 6