THE CHINA MAIL, FEBRUARY 14, 1940
SAIKUNG MURDER TRIAL NEARS END
THE SAIKUNG MURDER CASE, IN WHICH A 63-YEAR-OLD WOMAN WAS
STRANGLED, ALLEGEDLY BY TWO MEN WHO STOLE THREE CHICKENS AND 83 CENTS, REACHED ITS CONCLUDING STAGES THIS MORNING AT THE SUPREME COURT.
THE ACCUSED ARE LAM TING-YING AND LAM TAU,
D.
The case is being heard by the Chief Justice, Sir Atholl MacGregor and a jury composed of Messrs.、 Buchanan (foreman), Lo Tai-yan, E. W. Sharp, A. E. Gutierrez, Ho Shui- qui and C. P. Grant.
Mr. E. H. Williams, Crown Coun- sel, is prosecuting while Mr. I. Hosang instructed by Mr. A. el Arculli repre- sents the first accused. and Mr. J. N. Anderson instructed by Mr. Hall the second accused.
D.
Second accused, in evidence, ad- mitted that he went to the house to steal chickens. He stood outside. When he did go in, he saw deceased on the ground. He thought she was sleeping as she was motionless. First
GEN. SMUTS FORCES
THE ISSUE
Capetown, To-day.
After challenging the Gov- ernment's war measures in the House of Assembly yester- day in a debate lasting 26 hours, the Hertzog-Malan op- side again and kept watch. He had position unsuccessfully mov- been on watch before he went ined the adjournment in the
accused was in the rear cubicle. He took three chickens and went
out-
After coming out, first accused follow- ed. He then heard first accused shout "Save Life" two or three times. That was outside. They returned to their village and killed and ate the chickens, He was given 30 cents by first ac- cused.
SOLE OBJECT
The sold object of the journey was to steal chickens for a midnight meal. He did not anticipate any violence. He was lame and had nothing to do with the strangulation of the woman. He did not lay his hands on her.
Cross-examined by Mr. Williams, witness said he had a sickle with him. He had used it to lay fox traps and had taken it back to the village after he met first accused. He took it with him as it was small but not for any other purpose.
He did not see first accused tie up the door. He anticipated an alarm being raised. He helped to push in the door. It was at least five min- utes after accused entered the hut that he did so.
afternoon.
The motion was defeated by 78 votes to 48, and the debate on the second reading of the Emergency Pow- ers Bill will therefore continue.
The opposition Whip, asking the Premier, General Smuts, to accept the| adjournment motion, stated the House was unable to carry on.
The official reporters were exhaust- ed, there were no supplies in the pantries and the chef, who had been on duty 36 hours, haustion.
near was
ex-
The Whip added there were still 22 members of the opposition who wished lo speak, and unless there was an ad- Journment the debate would continue until 4 a.m. to-day at the earliest.
RECORD SITTING
General Smuts declined to accept the motion. He said the opposition | Whip should appeal to members of his own party who already had had ample opportunity to discuss points raised by the Bill.
COUNSELS' ARGUMENT Mr. Williams, addressing the jury, said The crown could not show which cond reading of the Bill by 79 votes
one or both of accused had done the act. But if a number of persons set out with a common design and in fur- therance of that design, one of the party killed another, it was murder for all. Even watching, so that the "presence" lent strength, warranted -- al charge of murder against the persons watching.
Accused went with a common de- sign and were frustrated by the shouts of the old lady. More force than was expected was used.
Mr. Hosang said it was admitted that accused went to steal but only to steal. There were two suggestions as to how deceased met her death.
man,
The Assembly finally passed the se-
of 28
to 59 after a record sitting hours 47 minutes. — Reuter.
POLISH ASSISTANCE TO ALLIES
London, To-day.
It is officially revealed that one of the transports used by the Australian- New Zealand expeditionary force was a Polish vessel, manned by Polish sailors.-Reuter.
Another four smallpox cases were notified to the local Health Depart- ment yesterday. Two were in Kow- First accused had stated
that he loon,
one in Victoria and one in found the room in a state of disorder Shaukiwan when he arrived. Was it not possible that someone had arrived there before the accused, had attacked the woman condition she managed, however, to and ransacked the place? The wo- bolt the door sand then fell uncon- in a dazed condition, had in-scious on the straw and smothered stinctively bolted the door, and when herself. accused came, they caused her to fall on the straw and smother herself.
There was no direct evidence that the strangulation was done by either or both of accused. Shouts of "Save Life" were made by first accused, whose story was consistent through- | Ave minutes between the time first, out.
The other suggestion was that an intruder had been there before, grappled with a deceased, left the marks on the neck as stated by the doctor and had ran away. In a dazed
7
TO-NIGHT'S DINNER From 7.00 p.m. to 10.00 p.m. Consomme Julian
Broiled Pomfret Måltre 'd'Hotel Roast Stuffed Leg of Veal Rissole Potatoes.
Steamed Cabbage
| Pineapple-TAPETY
Tea or Coffee
That could account for the evidence of strangulation.
Mr. Anderson said that even if first accused was found guilty of strangling. the woman his client had nothing to do with it. There was an interval of
accused and Lam Tan entered the
room.
His client went to steal chickens. That was the only thing in common, He had no other intent.
Price 95 cts.
The case is proceeding.
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