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WEDNESDAY, AUGUST 24, 1932

Counsel To Fight For

Appeal

Lo, the solicitor, was uncorroborat had to prove four things, namely,

- Jed.

(Continued from Poga 1.})

Kwok-yau alias Cheng Wan is guilty of the felony whereof hẹ stands indicted. And so say you all.""

Y

What a murder was com

mitted. That they had done.. (2) That. the murder was com

mitted by Wong Nam-sheung. and Tsul Yum-sham.

(3) That two men committed the murder with Lau as the agent.

Mr. Potter Astounded. Mr. Potter then went on to say that he was absolutely astounded with the suggestion put forward by Prominent Persons,

the Crown counsel that the Crown, "Among those"present at the final had established that Cheng knew on stage of the trial were Sir Henry the evening of March 24 that Fung Pollock. K.C.. Lady Pollock, the was murder. He submitted there Hon. Mr. R. H. Kotowall, C.M.Gwas not a shred of evidence to sap- the Very Rev: Dean Swann, the port that. The accused had told Hon. Mr. C. G. Alabaster, K.C., Mr. Zimmern after leaving 50 Village D. L. Strellett. Mr. Leo D'Almada, Road that he had been telephoned Senr., Mr. F. X. D'Almada, and about the death of Fùng, and thật| many other local lawyers. In ad-Lai Ming-fal had sworn vengeance. Lordship said, the gullt must be dition there were many prominent The accused's conduct Mr. Potter brought home to the accused be-

asked the Jury to seriously con-yond all possible doubt.

(Court, officials.

(4) That the accused was the

man who organised the mur der. This formed the basis.

19

of the whole charge.

His Lordship Sums. Up

Suspicion was not enough His

.:)

Counsel in the case were:-Forsider. Zimmera had said that ac-| "You cannot take. ก chance the Crown, Mr. H. C. Sheldon and cused was nervous, and that his against the prisoner" he said. Mr. R. E.. Lindsell (Almistant At-hands were icy cold. "I put it to His Lordship then touched on torney General). For, the defence, you it is an attempt to pile up the question of the conditional par- Mr. Eldon Potter, K.C., Mr. F. C. evidence against this man. Cheng," dops, and said that they granted Jenkin, K.C., and Mr. R. H. C. Lim; said Mr. Potter. Lau, a witness for on the condition that the men gave instructed by Mr. G., K. Hall Brut the Crown had said that Cheng's true and full evidence. Mr. Fot- ton.

conduct was normal and, as usual ter "had put the matter to the

+

The following Special jury was throughout the evening. The Crown gentlemen of the jury, and he empanelled:-Mr., G. S. Arch had considered Lau as a friend of thought that it was rather mislead- butt, foreman. (Fire Manager, the accused's. What difference ing that Mr. Potter had said that Union Insurance Society of Can-was there between Lau's evidence the witnesses must put the blame: ton), Mr. D. M. Biggar (Manager, and that of Zimmern? asked Mr.fon someone else, that they must The Chase Bank), Mr. J. H. Jessen | Potter.

earn their pardon. In che sense (Partner, Jebsen & Co), Mr. P. S. Defence Counsel went on to point they had to earn their pardon in- Cassidy (Partner, John D. Hutchi- out that after gambling that even-asmuch as they had to go into the HOT & Co.), Mr. Kam Tong-poing, accused went to Jimmy's kit-box and tell the absolute truth. He (Chief Manager. Bank of East chen, and then to Pauline's Dancing said that Zimmern and Christie Asia, Ltd.), Mr. K. E. Greig (Mana- Academy, and then motored home to seemed to be intelligent people, and ger, Taikop Dockyard and En-60, VJge Road, which was near he found it difficult to believe that. gineering Co., Ltd.), and Mr. M. T. the scene of the murder. Could the they would misunderstand the con-- Johnson (Partner. Mackinnon, Jury believe that any man who knew dition of the pardon. Mackenzie & Co.).

that Fung was shot, and was the In the case of Taul, he was a

History of Trial, The trial of Cheng Kwok-yau dared to motor to the Valley? 1flies it would be easy to invent `a was the most sensational in the he did do that," he was & rank story against the accused. history of the Colony. Never be- lunatic, Mr. Potter declared.

"I am not an enthusiastic ad-

fore have such crowds attended Referring to the evidence about miver of the procedure, but it is- Sunily hearings.

the "road to death" Mr. Potter de-not as objectionable as it seems" Opening on August 8 before Sirclared that not only Zimmern would His Lordship said. Joseph Kemp. the trial, in which have heard the words if they were

Three Main Points.

It can

defence. -

"

throng of the Milky Way. The China Mail.

light is full of alchemy. Hong Kong, Wednesday, Aug. 24, 1932. transmute a sullen sea into billow leading Counsel of the Colony were spoken. There were three men in Coming to the case ithelf, his ing iridescence. As it progresses engaged, closed this morning in that Austin car, and any stterance Lordship srid there were three royally from the east to the west sensational manner.

by anyone of them would have been points to be considered, did they Praise Of The Sun

The murder of Fung occurred in heard by all." He submitted that believe Taufa evidence, did they it can alter the shape of moun- Village Road on the night of March Cheng's conduct was normal believe the evidence given by Zim-- tains by raising or lowering the 24, this year, whan the love rival throughout. Sun-worship may not be the most bowls and valleys. It can change of the accused was ahot dead. by

mern and Christie, and thirdly did If Cheng Left Colony. inspired of religions, but it is the expression of a mountain by

two hired assassins, Wong Nam- Then on March 25, the accused in gether enough to satisfy them of they believe both and were they to- sheung and thoroughly natural on a planet that flooding the summit rocks with Fung, at the time of his death, was Police Headquarters. Why? asked

Tsui Yurg-sham.company with Mr. Brutton went to the accused's guilt?

Tsui bad given conflicting evi- draws most of its benefits from the light. By pouring into a stand of walking in the company of Miss Mr. Potter, because he knew he dence regarding the people present Bun. At this time of year, when the virgin forest it can turn wildness Lai Ming-fai, a young actress, with would be inevitably suspected, and on the night of March 19, but his solar rays are pitilessly direct and into the friendliest of beauties. some years. It was the Crown's the Police. He went down with the not been present that night. In whom the prisoner had lived for he would be inevitably required, by final answer had been that "Ah Lau the pavements scorch the feet that Cities contrive to put an arbitrary case that the prisoner procured the Police to 50 Village Road, where he spite of the confliction, his Lord- tread them, the sun is not always premium upon many of the com-murder of Fung:

I watched boxes being searched. ship said" that he thought they in the highest favour. The

Features of a somewhat sensa Statements were taken, among them could say that someone had pro- Wormon properties of the universe.

tional nature marked the proceed being one from Ah Lau. Cheng did cured him and Wong Nam-sheung shippers are more devout in winter

Space, time and sunlight, which ings daily, among these being the not leave the Colony. If he did to commit the crime. Supporting or spring. As for size, the sun la are lavishly abundant for all gruelling cross-examination of the what would the Crown have said? that was the fact that he had paid (not remarkable. Although it is human needs, become strangely nay Christie and the driver, Tsui, he sent to Canton for Zimmern, be-distinct gap between, Tsui and the witnesses Edward Zimmern, Syd- Instead, Mr. Pötter pointed out, out $2,000. ↑ There was, however, a 332,800 times larger than the earth, restricted in the city. Sunlight is by Mr. F. C. Jenkin, KC, who was cause Zimmern could prove an alibi. accused. it revolves through a universe of its not so much a basic element of associated with Mr. Eldon Potter, And Zimmern did prave. An in- There was, however, one admitt- betters. Antares, the red star now city life ELB

a luxury, strained C. and Mr. R. C. H. Lim, for the nocent man, in fear of his life, ed fact, that being that the accus visible in the south, is 450 times through tons of soot and dust, The Crown, led by. Mr. Sheldon, in this case, the alibi was

sometimes told an untrue alibi. But ed had lost "Lai Ming-fal owing to true, the events of February 21 and 22, larger than the sun, and Aldebaran, But wherever it shines it gives submitted that the evidence of Cheng had also sent. for Christic to when Lai went to live with Fung. which swings into view before dawn, life. It turns dull rooms inte Zimmern and Christie had not been return from Canton. It was impos-Probably anyone in the accused's emits ninety-five times as much radiant rooms as soon as it finds tion, while Mr. Potter termed their mern's stories.

shaken one lota in cross-examina-gible to believe Christie's and Zim-position would feel angry. But light. Even the moon, which is the window. It can distinguish stories "deliberate perjury,"

anger was different from taking" small and dead, can eclipse the sun latent beauty in things that look

Mr. Potter explained to the Jury active steps to murder. Mr. Eldon Potter, K.C., con- the benefit of the doubt. He said completely, and means to do go on ugly. When it pours through the fence to a crowded Court.

tinued his address for the de- that it was not an act of grace, but Zimmern and Christie, his Lordship Regarding the evidence given by

Be- the last day of this month. But track and structural metal

a matter of law. To infix on a said he would make no attempt to of a fore leaving the evidence of Zim-person the stigma of a crime, one analyse the evidence, but there were the sun exacts no homage for its shabby elevated railway, or mern and Christie, he said, he must exclude from one's mind all certain points to be borne in mind." size. Sun-worship is not fear or through the impertinent forms of would like to call the Jury's at-doubts. stupid admiration.

Were they prepared to find that Men become

tention to new evidence given in] a puffing steam derrick, the play of the Court, and which was not of Zimmera and Christie, he said. been made by the accused were ac Nobody could accept the evidence definite statements alleged to have worshippers of the sun because it light on dull surfaces and the commented on by the Crown. He He could not. He urged the Jurytually made by him? For instance governs the course of human life bizarre patterns of shadow bring referred to the "lotus seed" that it was a case of life and death, the statement regarding the $10,000 on earth and contributes abundant-strange Images of beauty into to believe that Zimmern forgot to put themselves on true perspec- nccused is alleged to have stated evidence. Were they going and of gravity. He asked them offer, ΟΙ that in which the y to their well-being. It begins existence. Human Agures that evidence in the Police Court. tive on the evidence. the day, "boiling.o'er night's rim." look dismal along the street on There were 15 sittings after he

He concluded "On the evidence the night on March 19, and so on. It concludes the day, leaving behind sunless days become integral parts had given his evidence, and yet of the Crown your clear duty is to If they were satisfied on that it such a sea of fire that Mercury of the great comradeship of nature the Crown did not attempt to say that Cheng Kwok-yau is now point and with the evidence of Taul

examine on that pomt. can hardly peer out into the night.when the sunlight reclaims them Mr. Potter then dealt on what Flaming with energy, it heats "the When the sun's in the heavens all's he termed "the most damning

Summing Up. than they must take the two things together. They had the evidence. Summing up, the Judge said he that the accused was filled with little O, the earth so that men can right with the universe. To the point in the conduct of the Crown had decided to deal with the case murderous intent. On that I think inhabit it during the interludes be sun-worshipper, who is probably a mern saw

the evidence that Zim-on broad lines. He made this de- you can and a man guilty of the tween glaciers, Plants are the little mad. all's right with the through a shutter at the Kwong Jury bad followed the case with believed both parts of the evidence. the accused peep cision because he realised that the charge against him, that is If they frankest aun-worshippers. Indoor visible world.

Hoi Kee shop. Accused, accord-very close attention and with un- If they were satisfied beyond plants bend toward the window

ing to Zimmern, was nervous. usual competence. The charge was reasonable doubt on all these points, ÁBORIGINALS" OF Cross-examined by Mr. Jenkin an unusual one. In order to then they could return

on the point, Mr. Reynolds, with establish a charge of being an ac, guilty.

a verdict of HAINAN.

his usual fairness stated that cessory before the fact, the Crown The jury retired at 10.50, when he visited the premises

where light appears. Outdoors the

leaves struggle to find a place in the sun and absorb as, much radiation

las they can stand. Crowd them Rotary Club Hears Rev.

J. F. Steiner.

case -

about two weeks ago, found no closely together and they will race

shutter nor were there any indi- cations of there having been a upward into the sonlight. In the

shutter. Mr. Potter put it to Arctic, where days and nights are

An interesting address on the the Jury that Zimmern's express matters of months, the plants govern subject "The Aboriginal Tribes of object of stating that was to Hainan". was delivered by the secure a conviction against themselves accordingly and grow Rev. John F. Steiner to members Cheng Kwok-yaHe told a lie. twenty-four hours a day during of the Rotary Club at the weekly Mr. Potter trusted that for

height

Summer. tiffin yesterday afternoon. The this clear act of perjury, and for speaker dealt fully with the lives other acts to perjury Zimmern energy and customs of the native""Lolsk

the

the

arts of Hainan. He traced the histop

In addition to the sola they consume in grow store away 1 or 2 per and the coal and oil move the wheels of our civilizati

roducts ofguqlar,mi

of the aboriginals; and said tha "the Lois" were very, illiterate, lievers in witchcraft, and they lov ed music.

|_ To-day they had men located lo

many parts of Ha

(who)

the penalty Zim Christie like Tsul, tcriminate Cheng to

the use of these men

saying that

for blackmailk been charged with

JG

GRAYS

YELLOW

that the two men had failed him on

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