*** JUSTIFIABLE HOMICIDE." VERDICT IN THE TAIPO HOAD
SHOOTING AFFAIR.
The protracted inquiry into the inci dent on the Taipo Road on March 3rd, When a mob of strikers was fired upon, concluded at the Magistracy, yesterday afternoon.
THE BRITISH LEGION. „REPETITION OF THE ANNUAL
MEETING.
THE HONGKONG DAILY
The British Legion,, aggrieved by the tabs of the anonymous letter-writer: bold its annual meeting over again at the City Ball last n'ght. The Committee, elected a sparsely attended meting daring the strike, had res gard time there was a large attendance.
PR. 88, TUESDAY, MARCH 21st, 1992.
PRATA MURDER TRIAL. DEFENCE WILL PLEAD“ MISTAKEN IDENTITY."
THE FIRST, DAY'S HEARING,
COMPANY MEETINGS, HUMPHREYS
ESTATE AND
FINANCE CO., LTD.
solutions passed at
An extraordinary general meeting of, Considerable interest was shown by the Hotel, yesterday morning, to confirm re this Company was held at the Hongkong Chinese public in the trial, which opened
an extraordinary Yesterday at the Supreme Court, of
March 3rd. Mr. Leung Wo, ship's cook, indicted for the general meeting an
Henry Humphrey's presided and there were murder of Leung Yuk Tong, a'thenber also present the Hon. Mr. A, O. Lang, Mr. A vote of confidence in the Presi. the firm of Jack" A. Tai, stevedores, whet. E. L Shenton, Mr. W. L. Puttenden, added a long and considered verdict on dent (Brig. General E. B. Mnenaghten) was shot at mid-day on the Praya ull Mr. J. M. Alves (Directors), Mr. G.)
[
The Coroner (Mr. J. R. Wood) gave his summing-up and the jury returned a verdict of justifiable homicide" and
the circumstances of the case,
|
chair.
en hive.
This
nected with the Seamen's Strike.
Thr
was indicated by his being elected to the February 24th, and is generally supposed
Rapp (secretary and Messrs. M. S. "Someone then proposed that the to be a victim of revenge for actions con- Northcote, J. D. Humphrys, W. Morley, decisions of the earlier meeting should be
and D. E. Clarke (shareholders). endorsed forthwith. Another member
The resolutions, which authorise an in- thought it would be better to have each
crease in the remuneration of the name formally proposed and seeofded. In the end the course was adopted of asking members to fill in ballot papers taking for names, according to their choice, from the full list of members of the Legion.
13
The result of the ballot was declared, alter as follową;--
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The presiding Judge was the Chief: Justice (Sir Wm. Rees Davies), Attorney General (the Hon. Mr. J. Heneral managers from $9,000 to $10,000 Kemp, K.C.) conducted the case for the per annann were approved on the pro-India Gauss Vests Crown and Mr., F. C. Jenkin (instructed position of the CHAIRMAN, seconded by by M. G. K. Hall Brutton) defended.
Mr. M. S. NORTHCOTE. The prisoner entered a plea of “not guilty"" } and a special jury to ascertain whether he be guilty or not guilty” was empanelled | ·
The ordinary general meeting of share, forthwith. This consisted of Mr. H, W. Bird (who was chosen to set a foreman). bolders in this Company, was held at the Mr. A. S. Gubbay, Mr. W. B. Walker, offices, yesterday, at noon. Mr. H. P. Mr. W. Sinclair, Mr. H. S. Bennett, Mr. White (Chairman) presided and there John Arnold and Mr. A. E. Crapnell.
HONGKONG AND WHAMPOA DOOK
..CO., LTD.
The Coroner began by expressing sym- pathy with all who suffered bereavement in this unfortunate incident. Whatever might be the verdict, it would be a matter for regret that this page had found a place in the history of the Colony."
Continuing, the Coroner remarked that the responsibility for the acti which caused this death was accepted by Mr. King. In considering the alleged just fication for the action it was no part of their daty to hunt for excuses for Mr. King-rather, they should scrutinise the grounds of justification advanced for him Justification should only be accept. by them on grounds that were clear and
were also present: the Hon. Sir Paul valid. It was reasonably clear that, at
The Attorney-General prefaced his ac Chater. Sir Robert Ho Tung, Mr. D. G. the time of firing no attempt was being made by the police officers to secure the
count of the shooting incident on the Praya Besnard, Mr. G. M. Dadwell and Mr. P. A. Cox (Director); Mr. R. M. Dyer arrest of noy persons in the crowd. What
and the chase through Statue Square, with (Chief Mannger): Mr. E. T. Hosie (secre. was done was done to control the crowd
the arrest, finally, of the prifoner, bytary); and the following shareholders: and or to bring any person to justice.
mentioning that the deceased was con- the Hon. Mr. A: O. Lang, Mesura, G. P. Lammert, T E. Pearce, W. Budge, It was not claimed and it was not tho T. W. Hill, Mr. M. H. Turner; Mr. H. W. nected with Messrs. Jack. A Tai, who. Birkett, Lo t'heung Shiu, M. A
President, Brig.-General E. B. Mats aaghten, Chairman, Mr. A. Murdoch; Vice-Chairman, Mr. H. C. Gray: Hon. Secretary. Mr. H. K. Homes; Hon. Treasurer, Mr. W. J. Hawker Hon. Auditors, Mr. H. Spicer and Mr.. A. Piercy.
Committee.--Lent, Conway. Hake, the Rev. C. Clouston Porri, Mr. G. K. Hall Brutto, Lieut. Col. I. 4. Bird, Mr.
Boberts, Mr. F. W James and Mr. H. S. Burleigh.
Taw that the police could have fired on any person or sumber of persons merely to prevent them from crossing or attempt- In the course of the proceedings, the ang to cross into Chinese territory. Nei Chairman rend a letter from the Captain ther was it the law that any police officers Superintendent of Poller stating that the Who detained one of the persons could region had been the first to offer services have lawfully fred on him if, after detenin the special constabulary during the tion, he had tried to escape from custody strike and thanking them for the excellent Firing under such circumstances taken by themselves, would clearly be a criminal example set and the good work donna.
act.
were concerned, during the strike, in Razack. F. Ellis. Chau Sin Ki, Man Rook getting away three steamers belonging to Ming, Kelly Sager. . . A. Croucher, H. Yeung, Abraham, P. M. N. the Orean Steamship Co. The Attorneya, Sha, A.. Austin, and Dr. J. General understood that the defence was Donclan. that a mistake had been made in identity with considerable pleasure that we come The CHAIRMAN :-Gentlemens-It is The whole day was occupied in calling before you with such a favourable report the witnesses whose evidener, given in the for 1921, a year which has not been re Police Court, has been a recently tivity. Our shipbuilding output for that markable for any great commercial ac ported, very fully. It was noticed, by period was over 27,000 tons of 19,000 in- the way, that learned coursel were make dicatel horsepower, a figure which com ing great use of the Daily Press report well with one of the largest ship- yards at home, and will convey to you 2-We are further of the opinion that to supplement the Police Court deposi-some idea of the capacity of our establish
ments in normal times. In addition I Deputy Superintendent King did every-tions,
think I can pssive you that the various
thing in his power to dissuade the crowd The principal witness, of course, was ships built, which have included oil tank. from the course upon which they had Capt. David Morgan, master of thee and passenger and cargo streamere embarked by exhortation in the Chinese.. Kuungsing, who said that, walking have given very satisfaction to their language; that he exercised all forbear along the Praya "in a brown study. herr(Applause,)
ance until such time as their riotous and heard the crack of a shot and then saw a
The Coronor did not agree with Mr. Shenton that Mr. King came within the definition which had been quoted as "the person in the neighbourhood who had reasonable grounds to apprehend a breach of the peace." It must be a person to whom the crowd eang; not a person who was there to interfere with the crowd. threatening demeanour left him with, Doricksha drop and its occupant fall out. The Corner held that the assbly was alternative but to give the military the A man who was within a few feet of the a criminal conspiracy to break the law order to fire and so ensure the bodily ricksha, and who had a wisp of smoke but the asked). Had they the intention safety of himself and the military and in front of him, ran away through Statue the additional ground recently acquired, to accomplish their purpose by open police units at the moment at his immed-Square and up Wardley Street. Witness force.1 On the jury's answer to that de late disposal. That this was seriously chased him and later saw him on the pended whether they conceded or denied of Capt. Bloxham.
"mèraced was borne out by the evidence
There is no doubt ground with a man standing over him. to the police the legal right of using in our minds that the success of the
In cross-examination, Mr. Jenkin elicit force.
crowd in breaking through the police
"
volver.
THE PROPOSED NEW DRY DOCK. With reference to the remarks of my predecessor regarding our proposed large now dry dock, you will be interested to hear that we have commenced to level ail
the back of our Kowloon premises. This work will take about three years, and, when completed, in addition to a site large enough for the dock, will giê as sace for a new iron and steel foundry. and additional European quarters. The
The answer seemed plain; the dos at the Waterworks had rendereded that, on the Praya, Capt. Morgan did actual construction of the dock has not erowd had already forced one police their attitude very defant and any für not we the face of the man he chased Net been decided on, but will in due picket and had, in fact, challenged the ther concession to their will would have If this man had not run at once he woulddirectors,
course have the consideration at your
police to shoot.
resulted later in bloodshed on a far
Other improvements in hand include the heavier scale if the law was to be event not have suspected him of firing the re-building of the machine shops at Cos Was the force actually employed under ually upheld.
spalitan Dock, and new steel caissons the circumstances reasonable and neces 3. Not only do we exonerate Mr. King Kary?
the firing was reckless, the from all blame in the matter, but we con-
Mr. Jenkin I am going to establish to replace the present wooden ones at crime might amount to murder: if excess sider commendation is due to him and to out of the mouths of a number of Crown our Nos. 2 and 3 docks at Kowloon
You will notice that we have again sive force was used. the crime would be the police and military immediately con
a number of provided liberally for depreciation. This manslaughter. On this point he could certed for their conduct and patience witnesses that there were
is made up on basis of about 20 per cent. give the jury no special help: they must under most trying etreumstances; and for other Chinese running.
off additions during the year 20 put theinselves in 3r. King's place and their personal courage.
Mr. Jenkin asked Capt. Morgan what! per cent. consider what, in the circumstances, they
off floating plant, all the 4. We consider that Mr. King's order
to plant, ninchinery und themselves would have done remembering to fire one round, and low, was the his brot study was about Was he, additions Mr. King's legal rights and duties; the minimum amount of force that could be like the rest of us, wrapped in contem buildings at Cosmopolitan Dock and 10 necessity for firmness without panic; and utilised to have the desired effect, and plation of the temporary beauties which the natural reluctance to fire on citizens. was actuated with the fullest regard to If alternative courses suggested them humanity. We deprecate any suggestion how adorned Statue Square selves, they must ask, wits the course that Mr. King could have employed Capt. Morgan No, I believe I was actually taken in fact reasonable in view, alternative methods. to achieve the wondering whether I had won any money same result. It was most unfortunate The jury must not consider public that the motor buses, with the help of in the sweeps.-(Laughter.)
of the circumstances.
order in other parts of the Colony or at which Mr. King had planned to trans Mr. Jenkin: Are you prépared to other times. Mr. Shenton's remarks port sufficient trupe to a point where swear that you did not lose sight of this drawing attention to the general state of they would effectually overcome the the Colony, in so far as they were made crowd, should have broken down at the man on more than one occasion before part of any justification of the use of time of need; otherwise this regrettable he turned into Wardley Street? Gre arms on lapo Road on March 3rd, incident might not have occurred. Fur were mere rhetoric and wholly irrelevant ther, in view of the previous handling of If Mr. King gave the order to fire be-similar if smaller parties of Chinese cause he felt that each a course would it could not have been foreseen that such as a rule. be useful in the state of public order obationey would have been encountered. throughout the Colony, his action was -We would add that the testimony of
pusat
Witness: You are cutting it too fine. Mr.Jepkin: We do, in murder cases
per cent. off the remainder. The bonus to the staff, as in previous year, repre serit twenty per cent, of their annual salaries, which I trust you will consider. the results of the year's working, justifies.
(Applause.)
With regard to the future, as is well- known to all of you. the present outlook for shipping and shipbuilding is not particularly bright, but with our well- equipped establishments, efficient stall, and soull capital, I can only assure you that we ure in a wonderfully strong Position to compete for a fair share of whatever business there is to be obtained. -(Applause.)
With there few remarks I beg to pre pose the adoption of the report and accounts and after they have been second ed I shall be glad to answer to the best of my ability any questions that share
Capt. Morgan admitted that it was pos not reasonable. His duty was to restore the majority of the Chiness witnesses who sible he might have lost sight of the man order where he stood, with the least pos-have been before us has been, in the main when a pillar intervened, but, later, he sible employment of the foros na his dis part, unsatisfactory, as well as highly aid he did not believe, he lost sight of holders mas desire to ask.
In this connection, the Coroner contradictory. remarked that Mr. King only had at his 7.The condition of affairs in the him at all. It would have been possible Mr. H. BIRSETT, in seconding said:-! disposal men armed with heavy weapons Colony at the time was abnormal in the for two men to have run ahead of him consider it as a great honour to have the only, a force" effective by rifle and in no extreme. A general strike of practically
privilege of seconding the very fine report other way. The public authority which all labour was in progress and the police and the man he was chasing and for one now before this meeting. I feel sure you despatched a military force to perform a were working at the highest possible pres of them to throw a revolver into the will agree with me that the accounts Dow civil duty, of a kind that involve fring, sure; and ae we feel that the criminal
before you are nothing less than marvel undertook a grave responsibility.
intimidation which brought about garden.
icus, taking into consideration the condi Mr. Jenkin suggested to witness that tion of the shipping industry the world In conclusion the Coroner summarized Fortunate incident with which we have to three or four Chineas were in the vicinity over during the past year. (Applause)
strike was closely connected with the un- bis remarks in the form of a number of questions which he put to the jury for deal, we trust that the Government will of the ricksha and rushed arose into Many shipbuilding yards at Home have
пой take auch immediate steps ne are neces- Wardley Stroes. their consideration.
only been unable to pay their way down. Capt. Morgan: I did not see anybody. but they have had to close After a long consultation in private the sary to prevent any repetition of ach and that the Chinese residents for jury returned into Court and gave the the part will do all that lies in their see them and I am not defective in eye efficient staff we have been able to main- It may have been so then I did not Thanks to our energetic Manager and his following verdict:-
tain our record dividend and bonus of We find that Tam Shui Pui died of power to assist them to this, and with. | 18tress was certain that there was no-last year and yet only pay out filty per
chaos,
the effects of a bullet fired at the instance suggestions and advice.
P30
!
The commercial status of Hongkong is body running on the pavement, unless cent of our profit. Regarding the bon of Deputy Superintendent King on the delicately balanced and any frequent re- they were behind him, but there might to the staff I am sure you will agree with morning of the 3rd March, 1929; and, currence of the trouble that has recently have been people running on the road. after most careful consideration of all the affected us will speedily recoil in the shape
me when I say that they have more than During the examination evidence that has been placed before us, of financial disaster on the heads of the Pereirs, who knocked down the running remarks I beg to second the report and of "Mr. Jearned it. (Applause.) With these few. our unanimous verdict is one of justifi- whole
both foreign and community,
man, the Chief Justice told the witness accounts.before you. able homicide,
Mr. BuzOz proposed and Mr. Lo placed on record :---
whether you struck the right man or not CmкO Sч seconded the re-election of You were right in assisting in the ad- Sir Paul Chater and Mr. H. P. White as ministration of order."
directors.
This was agreed to.
We desire to have the following remarks Chinese, and employers and employés "I think your action does, you credit,
like.
In conclusion we wish to associate our. 1-Wo consider that the crowd left the selves with your Worship in expressing Po Hing Theatre with the intention of our sympathy with the bereaved. leaving the Colony, knowing that it was Mr. Shenton said Mr. King desired him ontrary to the law to do so, and that to say that his action was dictated solely the disaster in question was brought so- tirely upon themselves by their obduracy by the situation he had to deal with. Not
regretted more keenly than be the
Mr. Jenkin questioned the witness, as to what he would do if some one knocked him down without apparent ele
"
The Hon. Mr. A_O. LANG moved that the appointments of Mr. D. G. M Bernard and Mr. P. A. Cox to the Board al Directors, be conarmed.
This was seconded by Mr. BILVA carried.
The witness replied that he would de mand satisfaction from his assailant. in disregarding the repeated warnings sufferings caused ednyeyed, to them in their own, language In thanking the jury for the great care The Chief Justice elicited that the wit- by Deputy Superintendent King and the and attention they has given to the case, ness understood Chinese perfectly wall Inspectors and Sergeants of Police with the Coroner said he thought the verdiet and he was sure that the man he knocked Mr. G. P. LAMMERT moved the re- election of the auditors, Mr. H. Percy bim at the time, that they would not be of justifiabin horaicide was the proper and down said nothing at all. permitted to continue their journey to the only members of the jury ware:Mr. examination of withcote for the crown ration of $1.500 ac
possible ona
.. Good progress had been made with. the Surith and Mr. A. R. Lowe, at a remune- frontier without Erst obtaining the neces
V. La Lawak (foreman), Mr. A. when the Court ross for the day at 4′ Mr. N. V. A. CROUCHER Sonded and Ferguson Mid Me. F. :0. Hall.
p.m;
the relation was carried.
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