THE HONGKONG DAILY
PRELS, » THURSDAY, JULY SED, 1919.
THE TULLOCH TRIAL... SENTENCE OF FIVE YEARS HARD LABOUR.
PRISONER SAYS HE IS - VICTIM OF) A BASTARDLY CONSPIRACY." At the Criminal Sessions, yesterday,
which is called Sai Wan Ho. On the It la before us dad the jury thak, spart point was whether the woman was a con- There were from the question whether the mother|senting party or not." "If in the jurya way we passed the theatre. people walking to and fro, and there returned to the Polion-station, a como opinion the girl quasented through` fear were many--hawkers' stalls, We stood
og under duress then it was not consent. there in the dark, and I told her to point
In other words, if the girl's story was cut the sain pain. She did not point out a
true that she was taken by the Police sergeant in uniform up the hill and that. aman. Eventually I told her to go, a
after threatening bar with a revolver, abe allowed him to commit the offence then it was rape.
In that case the absence of external marks of violence wald be explained.
before His Honour the Chief Justic, isi. I got disgusted, with waiting. Alter that child and her mother should pick you oug
Willan Pres Davies, K.C) the case restimed in which John McBean Tulloch
Police Sergeant. of Shaukiwan, was indicted for rape at Shaukiwau in May
15th.
The Attorney Lieneva! (the Hon. M Bld Letter (instructed by Mr. W. E. H.. Pollock, K. C.) prosecuted, and Mr. Shenton) appeared for the defence
The following was the jury:--Messrs.
Crapnell,
12. Helenelmann, C. 1. da Buza, J. H. Pidgeon, G. Blyder, W. J. Roberts and H. C. Pomeroy.
€1
I went back be sampan to Shaukiwan dice pier. I went in by the main gate and ap the back stairs to my own quar ters, and then along the verandah to the charge-room. I told the mother, who was still sitting there, that she might go, and then went to bed.
I did not see the
mother again that night. It is not true that the mother saw me in the charge room again and that I told her to go away did not ne her until the next morning. Ma. Potter: believe you offered your self for edical examination when
you heard thus it was thought that the girl
infected with contagious disease? Prisoner Yes, I did at the Victoria Geol.
plains was made next day to the Secre- tary for Chinese Affairs and the C.8.P. The next day you were charged 7-Yes
Can you suggest any reason why the
and make you the victim of the charge any more than any other policeman Many of them are not my friends. I had accused this girl of having illicit opium and the whole of this charge in tramped up against me.
4
ti
you --No, the was liable to have given Could not the mother have assisted information to the sampan.
Why did you not take her along with the girl 7-Because she would say some- thing.
}
Mr. Potter agreed. Proceeding, he said that another point was that the place;
committed was passed frequently, where the offence was said to have been
by. soldiers and their servants, who probably were at the theatre. There was thus the risk of being discovered. The girl in the witness box seemed very self-possessed. She struck him as a person who had her The Court was crowded with spectators.
You left her in the charge of a con- story" pat. It was only in cross-examina- Previous to the resumption of the cas
tion that the contradicted herself hope. the, Chirt Justice. counsel,
and jury
table for two hours?—Yes.
You did not tak, the girl back to her lessly. Could any person believe that the Pollock objected to the question. inspected the scette of the incident.
mother, but sent her away Yes Mr Potter: This is a most important
reason why the girl ran away from the kwong Yang Po, the Sergeant Inter-
But you said there was opium; she prisoner was because she feared she would point that should have been brought admitted is to you. Shaukiwan Police Station. preter at
Why did you not be
With before the jury stated that he saw the girl and the woman
regard to ང་ Mr. Potter: What age do you think the take her to the station and keep her in i revolve
it was only after the with the
solicitor custody that when her at the Police Station
from the thea
girl
Prisoner From my expert this has bight--Because I did not for the defence cross-examining her and Jusco uf
of Chinese I take her to be a girl o! You thought it necessary to chase her at the Police Court the girl
necessary to bring búrich pressing the point that she mentioned, it before midnight May 15th,
swore that about 15 to 15 years of age.
and
to point a revolver at the sampan in she threw the parcel into her mother's In cross-examination, prisoner said his ord
Forder to make it come ashore: Was it boat bere, she said she did not know number was Als So far as he knew, not sufficiently important to take her where the parcel fell, Why did she do had never seen the complainant before
back-I dia not think so.
it # Because at the Police Court, she or her mother. He chased complainant
heard her mother state that there was no about the length of the lane about 60 or 70 yards-before she got on to the
parcel in her boat. Then she swore that charge room for about three-quarters of into another sampan... He took an hour and the woman was there alt thut time! She was still there when be has to gut og bourd that sampan.
no means of getting on board that He thought he might try to de went away. The prisoner and, the girl sampan,
so later on. He did not know the number had not returned when has w
The other woman who wam pain. sinpan night' been concerned
plan muggling He did
not af rape and the other of indeont nasult.
He would draw his revolver if He
cautioned
prisoner,
water and stated offences.
that he arrested the girl on suspicion of dumping opium into were running away.
sampan. He noticed her carrying a His Lordship: Do you suggest that you either opium or arms. He followed her, would have
W
Boer care into the charge room, the girl ing in the corner of the room standing and the mother was standing outside on the verandah. He heard no conversation in the
His han
Who took the girl away The prisoner. ontinuing
Withe
bu
witness stand that he stopped in the sampan. He saw complainant throw a but it is not 50.
Chief Detective Inspector Murison May 1st be read out two charges to the pioner, one being that
of
had
in the
Rec
the
до
He
to for people to comply
The prosecution say you left the mother there for another purpose?a
That is what is suggested. I know it, The Foreman of the jury:Are there a convictions for opnum smuggling in conviction in December laat Shackiwas-Prisoner There as one
she never said anything about the parcel
the Police Court. She also denied ing the prisoner for 82. stating that sorer offered her, the money
Because she was told that it would mean consentif ahe naked for the 88. It was Would it be an ordinary thing for you an absolute change of front. Could any to go out at midnight in search of opiumjury convict his client on such evidence?
What about the motive? smugglers-Not unless I meet them,
This was it. You know the sampan in which you The Sergeant charged her with smuggling came? No, there are very many
ring in Shaukiwan wanted to opium the smuggler than get the opians get rid of an active Police officer. The When wo get the smuggler we can find Crown stated that if rape was not proved
1-bring in a verdict on the jury, could
who denied both his wishes, und also on land if they 15 thought it more important to fol, and it was very possible that
I
He
parcel which he suspected to contain would have fired at them Prisoner: I the opthink that I had a hundred minor charge of indecent assault. and she then threw the parcel into a boat. revolvered to frighten them. The sovereigns which were robbed I would always throught that nothing win more Station, followed by a woman, When to the station and leaves the girl from chase the thief. I would rather chase the dangerous than an.
her
4
Σ
was loaded.
Why did you take
Mr. Pollock: You want along the main road-Prisoner: Yes.
He took her to the Shaukiwan Polic
the mother in charge questioned her at the station she admitted of a constable Because I did not want that the parcel centained opium. He the mother with me. I could get far naked where the sampan had gone. to, better information from the girl, and if and she replied Sai Wan Ho. He the mother had gone away it would have took her there, and passed a matshed been quite likely she would have gone of theatre on the way. At Sai Wan Ho they with the sumpan. searched for the sampan and could not and
He then told her to go away. He himself
the Shaukiwan proceeded to Police-station.. There were hundreds of
--No. people on the road at the time.
The girl, recalled, stated that when she came down from the hill-side there were People walking about the road, although there were none when she was taken up the hilt.
.
Then you tack the girl up the hill-side
IND
You heard the whole story. Do you suggest that the girl invented the state mant about going up the till-side-She must have done so, because I did not taka her up..
sovereigns and then the thief. It was more important for you opium-If you get the smuggler he will follow the to
What is the point out the opium to you.
searching for a knife first and tting the murderer escape. If you get murderer you can always find the
the
knife.
Have you had any convictions for opium before-No, I have searched many people, especially at this time as there are
20
many cases of arms.
If you are trying to trace opium stang- glers would it not be customary for you to report to Inspector Angus the next day I do my patrols any time. I might tell him in
conversation.
alternative charge. It looked like compromise. His defence accusation entirely. If the prisoner was was
no compromise. He denied the found guilty he was a ruined man for ever.
The Attorney-General reuninded the jury that it was of the utmost importance that they should decide a case of this kind without fear or favour. without paying attention to any question of national or class prejudice. They had to decide the case on exactly the same prin ciples of justice as though the geant charged with the rape of a Euro- in the dock were a Chinese Police scant
to race,
should make this charge against yout
Mr. Potter The Inspector knew you In reply to the foreman of the jury, girl solo sggest ans motive why the witness Teplied that there WIEN no-No, I have invented many, but still I were taking the girl - Prisoner: Yes. He said there would be no case without the possibility of attracting attention as she cannot give any reason.
opium. went her way and prisoner went his She Doesn't it occur to you as absolutely
The Foreman: Did you mention what Was not crying, but felt faint owing to extraordinary that a sampan girl should happened the following, morning to the might be very sorry to see a European in bring a complaint of this sort against Inspector -Frisoner: 1 might or might doing anything to attract attention there being any foundation -I have not. We bring many people to the station sort a Thalish juries that equal justice.
European sergeant of Folice without
on suspicion.
pain.
His Lordship: Were you crying or Witness: No.
beard of such cases in Hongkong, especi Continuing, witness stated that prisoner ally against Police officer left her without speaking a word. She
any foundation - bad arrest did not make any complaint to anybody | ed Her.
before she saw her grandmother on the How long do you say you were with the
sampany
A this stage the Attorney-General stated that the eviden for the prosecu tion had been completed, but Mr. Potter draw his Lordship's attention to the fact that prisoner's boy had been called by the Magistrate to give evidence as to the state of prisoner's uniform, and, as would shed an important light on the cas, he thought it proper that the "boy" should be called.
girl that night! About half-an-hour.
Do you suggest to the jury that the girl said she was carrying Opium and that she volunteered to take the sampan 1-Yes,
order
the
auspect incident
genuineness it.
prone
toa
whereupon Mr. Potter interrupted him then I had at you did what compla giri because she was suspected of carry-
by stating: He is a most important witness.
ant
pean girl between the age of 1 and 16. It was a principle of British justice that
regard should be paid either to ciste, or position, and it was for that reason that, as jurors, they took the oath the to return a tree verdier according to evidence, regardless of the fact that they the dock charged with
an offence of this Chinese. It was #
was a prin- should be meted out to all, and the honour ciple of
ou of a Chinese sarapan girl was just as great possession in the eye of the law as that of the highest lady in the land. He sub mitted that the fuwn had proved the offence of rape against the prisoner with-
nf
been natural for the mother to come back 18 opium. He did not think anyone 01 and the motive supinthat it was
Lordship said he thought it part of the Crown's case to call the bos
Li To, the prisoner's
said he that boy," took his master's ten up to him on the morning of May 19th in the usual way at 6.30a.m. Prisoner was asleep at the
a
signs of it being seiled other than would
them would believe that when the prisoner
her
went
motive,
the soiled uniform and did not notice a bed heard the evidence of Dr. M.Kowledge and consent of the Inspector halved that he would be safe in commit
by usual with & uniform having bern worn. Ife did not examine the old Kenny T-I did.
THE DEFENCE.
W na
May
in his custody.
per.
would
*
His Lordship, in a lengthy summing up, said that if the jury did not believe the girl's story then the prisoner was the “victim of a binekguardly conspiracy.
The jury retired for fifteen minutes
If I had expended money in the course of my duty I would charge it to the office. Did you charge for sampan hire -I did not charge sampan bire. We do not charge unless it is really important,
Mr. rotter, addressing the jury, said that he ventured to submit that the evi derico adduced by the Crown WILB
out any reasonable shadow of doubt. He ke you t
to fad
peculiar as at cnce to make one suspicions perfectly agreed that in certain matters. that it
of detail there was a discrepancy in the not true. Wits
He thought he put it to you that, you did take the would prove to the jury's satisiaction
evidence, but the jury, with their long girl away, and detained the most did that if the prisones committed the offence was impossible to expect Chinese witnesses residence in China, would realise that it and than you he must have been nothing short of a rape her -No, I did not
madmany.an übsolute lunatic. When the
to give stidence from beginning to end When was it that you samed the girl vid
evidence was
in the smallest details. The of **Buch Bature Complete to be between the age of 15 and 16 for
Chinese had no regard for accuracy pl cne,
Salways The Attorney General rose to object, When I saw her at the Magistracy. Tilaus its
first details Europeans had. It was not to no attention to her age.
be expected that a sampan girl would the was Assuming that
Spurs
invent a story with gruesome details would clearly says you did it
bava
against the prisoner without any reason, that night to the Police-station 1-I think chased the girl to, ber sampan he did so because the girl was
with opium if such thing had taken place she with the intention of ravishing her. It smuggling was not the real moti would have come back and demanded was absurd. He chased her because she When the mother found the daughter admission. That was what I would bava was carrying a parcel which be suspected station and found the prisoner waiting
ravished abe
back to the Police expected her to do.
and it you had expected her to come away. He then brought the girl to the Attorney-General then draw the jury's to contain opium and, because she Fan time: On that morning the prisoner put back you would have been on the watch. Police station,
for bor with a guilty conscience. The clean uniform. Witness took away
by accompanied ready to send her
er away? No. I want to mother. The next step was that, with the attention to various phases of the evi- dence, and stated that probably prisoner and with the knowl ledge of every person uniform carefully, as he did not know
It shows that the girl had lost her in the station, he took the girl out to ting the crime because the girl was only then that a charge had been preferred virginity between 12 and 24 hours before think that when he did that he intended
look for the sampan.
Did
they really sampan girl. Perhaps be thought against his master.
escape, but the mother, 10th. That coincides with the rap to take her up the hill-side and ravish
as soon as be discovered the intolerabló ing of the girl-No, there is a very big her? He took the girl through a crowd.
wrong done to her child, appealed so the Prisoner who was extremely self-margin of time.
ed But it fits in with the margin of the bout that, as there was a theatrical
thoroughfare there was no doubt Principles of British justice. witness-bux passed, went into thy
and, in reply to Mr. Potter, said: -I girl's story Ye
-Yes, she left me thạt night Lance Sergeant in the Hongkong Police. before am She had to go back.ormance going on and everybody must There is no truth in the charge brought Would it not have been possible for this have seen him walking along with a girl against me that I raped the girl.
it was remarkable (aat to have happened before! Would it not At about 1 midnight on May 18th, I
was on
on have been possible for it to have happen the two going from the main road up the and then brought in a verdict of "Guilty"
not a single person was produced who saw duty at the Chinese theatre.
wased between the time she left me and the hill, although there was a line of hawkers There was an all-night show on. I left the theatre time she arrived on the batt to return to my quarters at Shaukiwan I put it to you that it is a remarkable right up to the foot of the hill. It was against the prisoner by 5 to 2. When near the lane that goes down to the corroboration of the start-Quite so.
vitally important point and would have Erisoner, upon hearing the verdict, bea, sa
I saw the complainant walking to
There is another curious thing. She proved the case. That was not all. The broke down completely. Arked if he had wards me, and she was carrying a small went straight to her grandmother and her
two went down again, and no one saw anything to say before sentence was pass”. baudle.
When I was close to her she mother and complained -I don't know; them. The prisoner accumulated evidence ed en hun, prisoner said: I an innocent turned round and ran away. I shouted they say she did so,
at every step, and the jury must remem before God and man of the crime I am to her to stop. She did not do so, but
Do you think a girl would stop strange ber that they were dealing with one who charged than a victim of a das turned down the
passers-by and tell them what happened? knew the value of circumstantial evidence. tardly plot and conspiracy. gave chase and would have caught. Jer,
Would not the mother have Chinese Born: persons would; others rate in it. He put it to them, as cou--
with your knowledge of the matter immediately if there was any the jury have found you guilty of rape.
reported the
His Lordship: John McBean Tulioch, but the lane was very dark.
She was about five
in front of me.
She would not:
It is a very serious offence indeed. The threw the
bundle into a sampan, which
Do you think it likely cannot monsense men that it was impossible to
maximum punishment that the law allows that the was waiting, and then made for her own
answer that. I don't know. I don't believe the story. Even assuming
me to pass upon you is imprisonment for which immediately pushed off. think my opinion would be of any fise story for the Crown sapan), I drew my revolver and told the
I don't know and cannot say
prisoner went with the girl that the file. Now your case I cantot help
they could
it as being anzinggravated to come back. Afterwards the girl out of the aampan. took her by the unwell, that's your opinion,
that a Chinese girl would do without her consent.
There
Bergeant stationed in the Colony to Pro arm and told her to go to the Police-sta-
BiT, I
of violence on the girl's body
tect other.
abused tion, and the mother followed. At the don't know.
she was so strong that it took tion by taking this girl away, as you
г.people, have.. station I told the mother to stand on the
You have got two Police boats, Barn three doctors and one nurse to hold ber undoubtedly did, and acting as she says. stairs, and took the girl to the
built, manned by boatmen in down while an anesthetic was administer room: On
the
WEY "I
the employment of the Police? Tested. False charges of rape were not un. I am bound to pass upon you a soverò asked her charge-
un sentence. As far as I know, you have parcel contained. She said: "Opium Could you not have got hold of one of known in that Court. Marks of external hitherto born
good character, It is asked her where she thought the sampan the boats and pursued the sampant It violence were of the utmost importance essential that the people of every cum- into which she had
would have taken considerable time and in such a charge of rape. Again, the gone.
munity, especially the poorer The Inspector would have advertised a Police search result of the bacteriological examination the Chinese, should know that the mem- said: "Sai Wan
to The and asked me sampan people woble
would have wwas in the prisoner's favour, There was, what was the matter. appeared from the
hers of the Police Force of this Colony told him that
therefore, a total absence of two of the should protect them, and should not take immediately. woman said she had dumped a bundle of Mr Potter: The Police boats are kep most important pieces of evidence: relied
advantage of their position to commit at the Police pier. You would have had upon by the Crown. The doctor stated, disgracalul abuser of this kind. The sen oplum into a boat.
The Inspector said If you can't find the opium you have to go right back-Prisoner: Yes; and wa that the injuries might have been caused tence of the Lourt is that you be impri got no case. The Inspector spoke in should have had to get the boatmen koge by other means, and the prisoner swore sound and kept to hard labour for five English, not Chinese No-superior offer ther. It would probably have taken half-on oath that he did not do anything to years. speaks in Chinese. I then had the mother an-hour
the girl detained and took the girl to show me His Lordship? You don't doubt that the His Lordship said that it was only where the sampan was, or to try and find girl was ravished -Prisoner: Yes, by right to point out that in the majority
She took me to Bhaukiwan West, someone.
Jol ordinary cases of rape the turning
She
"
од
Way
sampan came
it had
the
WILS
I put it to you that it is extremely not mcept the statement that he did thing to the fact that you, a Police-
80
your posi
classes and
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