1949-06-01 — Page 5

3 Naval Dockyard Clerk's

Appeal Against Conviction

!

An appeal against his conviction by a Jury on four counts of simple larceny of approximate- ∙ly $19,000, the property of the Naval Dockyard Recreation Club, was brought by Robert Georgo in the Cashier's Stewart, 28, clerk employed

before tho Office in the Royal Naval Dockyard, Full Court of Appeal, comprising the Chief Jus- tice, Sir Leslio Gibson, and the Puisno Judge, Mr Justice Williams, this morning.

Stewart was sentenced by Mr Justice Wicks at the Criminal Sessions on February 21 last to 18 months hard labour on the four counts. The then found Jury of five men and two Stewart not guilty of four counte of larceny by of falsification clark or servant, and two counta

women

of accounts with intent to defraud.

ME

a

one

.was a

Serious

THE HONGKONG TELEGRAPH.

Labour Troubles

(Continued from Page 1)

At Liverpool Docks, where 2,700 dockers are on strike in harl support of the men who refused to handle the cargo of the steamer Fromore, which had been diverted from strike-bound Avonmouth, efforts to get work resumed collapsed today.

The men decided to maintaini the strike unt! a guarantee was Would given that the Fromore not be worked while she was the subject of a dispute.

The 7,100-ion Gulfside, idle at Avonmouth for two months bo- cause of the Canadian teamen's out of port

sinff, cary today, pulled by tugs operated by dock oilles

on her who also opened the lock gates. Sho is now Canada.

dispute, Allpped

way to

gate 'men auen tar hur

had

Me Percy Chen,, who originally and was holding the money in at the trial, trust for the Club. He was nol defended Stewart

thida ballce. To be a bailes again appeared for him

Was remusi have the duty of returning morning. The Crown

Hecuan to the owner specific things, by Mr M, presented

by Assisted

Неспал agreed that (Crown Counsel).

The normal lock Assistant Supt. of Follee R. II. Stewart was not in the position

of bailee. Ile was not obliged had refused to Woodbead.

Before hearing the appeal, the to account for the exact notes when a crew from the Seafarers' Chief Justice, whe noticed that which were handed to him in International Union (to which Mr Chon was appearing with the form of subscriptions the striking Canadian Seamen's was down solicitor, entrance fees or bar prote. Ife Union, is opposed) out on instructing

to lake the asked Counsel if he could pro-was in the position of a person over, from Caunda

for the ship to Montreal. account duce any authorities to show he who had to was entitled to so appear with-equivalent of those notes. He

2,000 SUSPENDED assignment by

was in the position, to a certain the Crown, Mr Chen referred the Court to extent, of being part-owner of

The Ford Motor Company certain authorities, after which the funds in that he

that nearly the Chief Justice, after a con-member of the Club and all the announced today sultation with the Pulane Judge, assets of the Club were the pro- 2,000 men bud joined the "go slow" movement at their Dagen- perty of the members, said it was an established policy

works. The remaining The primary charge against ham not to assign Counsel in caces oler than those involving seri- the appellant had been a charge 10,000 people in the factory were oun crimes, and the Court was of larceny by servant, and in the working as usual. The 2.000 unwilling to depart from those Crown's view there was sul men had been suspended with-

evidence to support

it. out

pay, though no one principles in the present case, jelent

found otherwise, been dismissed. From

Lordships but the Jury what thelr

About 050 men, engaged 0: could see from the record of the sald Crown counsel. The posses proccodings at the trial, there ton of ihe funds by the ap the construction of a new £8,-

pellant

in the first instince was no low argued in the cons was lawful, he agreed, but 000,000 power station at Brom- and the Court of Appeal was could not that original lawful borough, Checure, struck work alleger unwilling to assign Mr Chen or

the today because of the at Counsel to appear, possession be changed Any other

et arrears of union subscriu- Since, however, Mr Chen had stage where the man converted non-payment by two werkner

tions, amounting to less in the Court below, the money to his own use? uppeared

DECISION TODAY? £3. This was the third their. Lordships had decided to hear him as amicus curlze

the Court to Section 67 (1) of in less than six monilis the Court.) friend of

his appeal, the Criminal Procedure Ordin-strikes had held up work

the station. Proceeding with Mr Chen said that Stewart war ance which stated that no ver-

of Common In the House d'et of any Jury against unly convicted on four counts

a today, the Labour Minister, M a verdict the person, and no sentence on simple larceny. Jury had no right to return as prisoner found guilty of larceny, George lanacs, declared:

toro embezzicment, fraudulent appli- cannot countenance evidence betora the Court of simple larceny. cation or dispossession of any-that has been decided upon u Counsel quoted a number of thing or cbtaining anything by the workers in Nine Elins and

false pretences should be set Manchester." authoritica in support.

At Nine Elms, normally Bri aside if at the trial there was

the evidence to prove any one of tain's busiest goods, depot

¦àcceptanen ́of all goods dxcep them.

food and expp** Replying the Crown's argu-perishable ments, Mr Chen said that in the freight was suspended lotus case of a bailee he must be the Reuter. owner of a specifle thing. That did not apply to money unless

shown be

that the it could money was some specific rare of celt which should be returned. That proviso did not apply in instance because the present Stewart did not have the duty

'there was no

fu

of

own

LAWFUL POSSESSION The appellant was not a ser vant and the first possession of the money was a lawful one, he argued, Ho' was, In law, the owner of the money which he had appropriated to his

that submitted Itse. Counsel Stewart was perfectly entitled to use such money, so long us he

as Treasurer Trepald it. If, the Club, he was given money to held and to Fay certain ac-

and

converted he counts, that

money

then be ha Thould. indicted of larceny by bailes and not for simple larceny.

Stewart had

to

Crown Counsel also referred

1

than tim

that

#

www. the actor

WEDNESDAY, JUNE 1, 1049.

James Stewart To Wed

♫

Screen Actor James Stewart assists Mrs Gloria Hatrick McLean with her.contat Hollywood night spol. Earlier, Stewart announced their en gagement and said they plan a simple wedding in

AugustAP: Picture.

Trains Out Of

S'hai Packed

REFUGEES FLOCK

BACK HOME

Shanghai, May 31-Thousands of people

NAWAB OF

BHOPAL

ILL

Pais, May 31 The Nawao ot Bhopal, seriously ill at the American Hospital in Paris, today cabled his best wishes to his former subjects on the eve of his stale's becoming a pro- vince of India under a Chiet Commissioners

The Nawab, who arrived

Friday hero last

with The Dedum, is suffering from an in- flammation of the gall bladder

and

"In Hall. stones."

D

message to Mr N, B. Dennerice, the Chief Commis stoner 1b whom this powers wit be transferred tomorrow, the Nawali sald, "I send you my best wishes for your success-in ̄ The new task that has been en- Trusted to you. May God's blessings bo showered

on ail the people at Bhopal,

"Her Highness and I shall always pray for their happiness unti prosperity and for the cattuued harmony and good- will which has been our proud

alition up to date.

"Wherever we may be the

and people of Bhopal

their welfare will be Constantly In

our thoughts: God bless you

all

HELD

OVER!

QUEEN'S

AT 2.30, 5.15, 7.20 & 9.30 P.M.

TO-DAY

ONLY

HGH TECHNICOLOR

GEORGE BRENT

JANE POWELL LAURITZ MELCHIOR FRANCES GIFFORD MARINA KOSHETZ

XAVIER CUGAT

TO-MORROW

Ono Day 1

Only

SHOWING

· TO-DAY: MUSICI

The Nawab is being attended by Professor, D'Allaince, con- sulting specialist, Colonel V.R Mirajkar, surgeon. and Licu- tenant-Colonel Bose, physician, anna

He expects to be in hospital throughout Juno' and may move to Vichy, for convalescence.- Reuter.

II.K. FALSELY

ACCUSED

London, May -31-The Foreign Office spokesman in London today rejected a slate- ment made yesterday in Can- fon by the Chinesa Deputy Mr George Foreign Minister,

Yeh, that the British Govern-.

ment Was permitting Hong- kong to be used as a supply base for the Chineso Com- munists.

The Foreign Omce epoxes- man

said: "No

equib- ment of any kind has passed

war

through Hongkong."

The Foreign Office

said that Hongkong re-

spokes-

packed the North Station terminus of themains a free port and that the Shanghai-Nanking Railway this morning as the exodus of refugees back to their homes

in the countryside reached its peak,

Long queues stood at all angles before ticket booths today. The greater part of the station was made impassable by a mass of humanity and piles of luggage..

་་"

Special "home-bound", trains are being ran by the Railway authorities to meet the demand. Most tickets are being sold for Soochow and adjacent towns.

Withdrawal Of

Nanking-bound U.S. Troops

31.--In-

his own of returning the specific money { formed quarters suid the Stute/ Kashing train for olbér tow

he received and of which was part-owner.

Their Lordships

he

said they

Washington, May Department was expected to issuo a statement confirming the States Intention to with- United wished to consider the authori diraw virtually all American giving their decision which they the nex! 40 days, but at the hoped to do at 3 pm today.

same time assure the Korean people this did not were being "abandoned by

Look * Some passengers who

*** tra1os chanze trains al Soochow, whiere they will board the Soochów-

on the Shanghai-Wangchow line, Repale work on the Shanghai- beeh Hangchow Railway has going on for some time and the resumed.elther inday_or_(0-

money, which be held lawfully Les qusted by Mr Chen before troops from South Korea within train service la expected to bo

received the In accordance with his and duties, said Mir Chen. Where he had gone wrong was that he was unable to repay the money

at the end of his term of office. for vis default and at the highest

Stewart might be Hable civilly

he might be liable for etv con- version.

BIG BEN IS 90

YEARS OF AGE

clock tower

the

United States.

morrow.

In

London, May 31-Big Ben, "Having been acquitted on the the bell in the substantial counts an which he above London's Houses of Par-expected to confirm that by the Beef, pork and eggs in Nan

might have been found guilty,llament, was 90 yesterday.

Big Ben has failed only once he cannot be convicted of simple

spring larceny because none of the cle-a broken pendulum

put it out of action in 1044.

ments of simple larceny can be found in the evidence in this

It started servico in 1859. case. This is the crux of my Nine sonorous booma argument," Mr Chen declared

.

UNITY

PROBLEM

trade between. British posser- sions and Communist China is continuing.

"There is no blockade of Communist China." he said— Reuter.

MP'S SUICIDE Bradford, May 31-A Coro ner's Court found today that Thomas William Stamford, 66- Member of your-old Labour Parlament, who was found dead bere on Sunday, died trom con administered 5.B posisoning while the balance of his mino was disturbed,

he hav His wife said that

from heur been suffering trouble and Insomnia. Reuter

ABANDONED Radio Hongkong

(Continued from Page-1)

8.00, Programme. Sutmirikfy?" 6,01, The Richard Tauber Programme Orchestra, Melachrino with thre Mr Bovin reminded the Caun-quest: Leon Goossens (DBCTS);

Benso

Life in Nanking is absolutely cessities considerably lower than eil that in London in December, 625, The Uinning Busters; 0.40, Petu normal, with the prices of ne-

at the Piano; 7.00). Valderrama Shanghai, according to 1047, M. Molotov had made They said the statement prob- Russian restaurant and bakery similar request. He (Mr Bevin) quest Programme presented by Jean ably would be made by the

"Record Round-About" Variety ·Re Owner who has just arrived had then replied that when s

Halliday. (Studio); 8.00, World News James Webb, at his weekly press capital on a brief visit. acting Secretary of State, Mr from the former Nationalist.

peace treaty Was drafted he and News Analysis (London Relay: allow 8.15, "Much Dinding to the Marxhi would be prepared to conferencs. The statement. Is

representatives of Germany in with Richard Murdoch and Kenneth present their views as had been Home. (DUCTS): 0.43 Generally

Speaking. Theatre Hone of the Paris peace con Talk by Terence Rattigan. (Lon ference in the case of the Itallas don Relay): 9.00, From the Edi

torials" (London, clay); 0.10, Bert and satellite treaties,

Gillette at the ammond Organ, [Btudio): 9.40, British Concert Hall, The Philharmonip. Orchestra con- ducted and presented by Constant .10.40. · Aluzio Lambert (BBCTS); for Dancing: 11.00, Radio Newatcal poit and Summary of Nowa from London Relay: 11.18, Weather: Re- China: 11.20, Cloto Doda

10

from Elg Ben are heard every night | South Korea are velimated

number somewhere in the neigh news.Associated bourhood

7,000 Unfica

Mr Heenan, in reply, said that ns the prelude to the BBC

the appellant was Treasurer of 9 o'clock

the Dockyard Recreation Club, Press.

and as such it was part of h's

duties to receive the funds of the

Sources-members SIDE GLANCES

Club. Those funds came from two main subectiations and entrance fees. and the

from : various ******ondertakings of the Club,

*

*

particular the bar.

in

hls.

It is the Crown submission that once a member has pald entrance and subscription fees, and once the Treasurer has re- -warceived the profits from the bar, the only receives the possession varet that money and did not re- ceive the ownership of it, but he held it as part owner with other tigazas he applied these funds within

to

وال

* members of the Chub. So long the limitation of his dutics-the receipt and mate custody of the

money, payment into the Bank,

and payment of outstanding nc- counts he was acting properly and his possession was lawful, ving but -- 10 spoa sa, he applied these funda of Mittany part

hown use, then this possession became wrong lvar fuls On, converting any part of. these funds, he committed larceny within the terms of Section 2 of the. Larceny Ordinance.

MORE THAN BAILEE”

submit there is adequate ovidence on the record which On will support these facts the appellant's own admission ha was solely responsible for these funds once they passed

Possession.

into

It would not be sufficient merely for the Crown to show, there was a

was

necessary to how there wan ¤ specific Balane/which had been applică; by the appellant to his Owns Linn. Mir Chanchas baldon

**than, a

of

LE NOT REPRESENTATIVE

300 percent. end of July all American forces king are about In South Korea will have been cheaper than in Shanghai and withdrawn except for about 500 fresh vegetables are plentiful officers and men who will re-and can be obtained ut give main as a military advisory away prices, he said.

American group.

forces

1 The Russian informant, who claimed to be the first foreigner from Nanking lo arrive here since the liberation of the tw eilles, said that he experienced dimculty whatever in Jeav ing the former capital.

He went to a

wavellor ugency, bought a ticket

"I do not bellove that this was accompanied by one of the agency's officials to the station, dolegation could or would ex- where he boarded a train.

Press.

By Galdraith

/henover our father and I qua downtown and stort buying expans

up quickly becauás ku

and

Mr Acheson sold, "I do not belleve for one moment that the 2000 representatives at the third People's Congress are in any way representative of the people of Germany or even of the people of the Soviet zone.

press

-any

views whatsoever

The treatment- of foreigners | other than those expressed by In Nanking, the said, is oxem- | Mir Vyshinsky himself. plary.

Boldiers are polite and

the only restriction imposed on

';

"I should rather prefer to look foreigners is their movement to Mr Vyshinsky for the formul outside the city. The reason expression of the Soviet point given for this

may of view**

that there

th

Earlier today the three

still be Nations | Western Foreika Ministers- had į

disguise outside city

that this constituted # danger

Blaco

the capture of Nanking, 90-minute routine meeting

have bombed between friends." planes

Nationalist

the city several times, and al-

Amid fading ·hapes' that the though they did little damage on pig Four would motilo Ger the whole, on one occasion they

4

to their French

OUTWARD MAILS

It is hereby notified that "mnik China to Shanghal, and North cannot be accepted, uniti further notice..

-- Unless otherwise staład:- 're- gistered articles and parcel posts.close 30 minutes earlier Than the ordinary mail. X7 malis close, before 10a.m. registarad and parcel posts cloed' at £\pas% on the previous day: MALTA, ALEN closed at Kowiaon Ceairez. Post Omes Kaif an hour earlier than the CPD closing tâmée.

WEDNESDAY, JUNK 1; 7

Cloding Time-By AP

·Chungking, Gwatow, { Amay, Tal-

pah. Kunming and Hollow, D.m

`Clasfig-Jimat By Sra Foschow, P.M.« Formoss via Keelung, 10 am.

Swalow..pm

THURSDAY, JUNN<IN Closing Times By Ate

Strails, p.m. en many's political future, | Mr hit a school, Ruling. 30 children, Bevin and Mr Acheson called on

Ceylon, Madagascar, Adení & Egypt, the Soviet informant said. Bald.

colleague M. Panis & p.m. Foreigners are permitted use their care after registering Schuman, with full • stalls of them with the authorities.: 7 advisers and experts. ***

There is considerable specula tion in. Nanking as to whether the city will be selected as the capital when the now Govern- ment is formed.

Conference, observers belleved that they talked about Berlin.

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prosents:

Swatow and Arsoy, 830 am. (reg) “VIRTUE IN THE DUST””

Da.m. (ord),

Amay: Bentow, Luchow, Kunming Kwellin, Chundking, Taipeh & 300- Meanwhile, the deputies" of chow, 3:30 g/m

the "Big Four" Foreign- Minia- Rangoon, Caled;ka, Karachi, jBakra, Kairobi, Motibakary zarsen SEIKATA, The future of thousands of ters, working on a draft rcaty Mauritushannesture and Caine people depends on this decision for Austria, were tonight gives vis Keracht), Alésandria, Rocter and but the generalTM beller is that another 24 hours to complete a London, (PQ}:{350° pm4_(GPO) | Peipink will be the choice. Reuter.

NEW AIR SERVICE

exkanarial proper put Manila,/Juno. Ali-A new Manila Hongkong air link will

report on the present stage of em. Salmonelle q

Singapore, 2 pảm...”. their begotiations before they Bangkok, Batavia, Colombo, Byd- submit "their -" fludings to the hey and Auckland, 3p.meg Foreign Ministers' Council.

The four deputies are also meeting. In the Rose Palace. They were today" expected to hand in the report before the

be Inaugurated todays when end of the day's sexalon. This

Japan. 4 p.ro.

Closing Times By Hon. Formoss via Takeo, 10, a.m,

· Baigon, 10 °2.03.·

Manlie, is a.m.

straila) 1.2947).

Japan, 2. p.m.

*

HEWA PRIDAT, JUNE 3

Cloning Timis By. Alt

Sandringham fiving boat at report would list both tagrendadarila, Honolulu, USA # Code: Hongkong Always; amliste of and disgrend points, a BOACH, KTÍVEŽÍr Manila at

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5.30; (7:30 6.9.30 PM

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