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CRIMINAL SESSIONS.
[REFORE THE CHIKE JUSTICE (MIR MENEY
GOLLIN.)]
DEATH.
THR
SPEECH FOR THE DEFENCE
Mr. Jenkin raised the point as to whe ther as xeting Attorney-General had, the
INDIAN QUARD SENTENCED TO same right to two speeches and the last word to the jury as an Attorney General had. He was under the impression that it was not the practice at home. His Lordship ruled against him,
The Jary comprised: Hessrs. L. A. Tobias (foreman) C. S. Remedios, A. B. F. Raven, C. Tezel, A. J. M. Souza, H. Wilson and G. Travers.
Ab Khan, Indian Inspector Inter-impression it might have left on their preter. Central Police Station, stated tretches, defendant when charged aid did not stab him. I know - thing.", whilst the second said " 1 did not strike him."
HONGKONG DAILY PRESS, WEDNESDAY, AUGUST 1278
BOMB OUTRAGE.
UNSUCCESSFUL ATTEMPT TO
WRECK A TRAM-CAR:/
"
SANITADO DE
BOARD
AERATED: WATER · FACTORIES.
A weeting of the Sanitary Board took An outrage, which certainly, proves place yesterday evening under the chair- that the strike emergency legislation manship of 10. V. L. Smith. Those sad the "rounding up of undesirabla
present were: Hon. Kr. H. T. Creasy. characters in the Colony, was very acces Dr. W. Pearce (MOH) Dr. J. C. sary, occurred at mid-day yesterday near
MacGowan. Mesara, C. G.: Alabaster, the Central Fire Stadion" in' Des Faux-
EC, JS Kennedy Skipton (Secretary). Road.
and D. Davies (Assistant Secretary).
The case of the two Indian guards] who were charged with the murder of another Indian guard in Bonham Road
Mr. Jenkin then adressed the jury West on June 2 was concluded yes terday when Nur Ahmed was found behalf of the prisoners. He said there
An attempt was made, presumably by
Dr. Pearce, puzauant to notice, mov- guilty but with a strong recommendation was one thing which had undoubtedly been very much in their minds since the to meros.
His Lorship before passing |
ed the following:-For over twenty woatcare, of death-stated that the recam-morning when listening to the case for these of the strike agitators or communist mendation would be sent to His Excel-delence and which they might have agrats to wreck a trampicar by leaving
bomb, or rather a stick of dynamitears the Board has been empower- leacy the Governor. The second prisen-thought would embarmen him when be ́er, Sirdar Khan was found not guilty and came to address them. That was the dah with a lighted fans attached on one of cd to make by-laws, for the regula story told by the first prisoner. Notwith-the seats. The bomb exploded but fortation of serated water manufactories discharged..
standing the introduction of this into the nately did no serious damage. A few and food preserving establishments. The case which was obviously untrue he desired panes of glass and the sent on which the Board has not yet, however, taken them for the time being to remove any bomb had been deposited were broken, advantage of this power! I think that and one passenger was slightly injured, bye-laws should now be made to control minds and listen to what he had to say but this was all. The driver was these establishments in addition to those and see what they thought of the ass hurt. The worst feature of the case which regalate dairies and bakery houses, for the defence.
Later on ho would deal with the fact is that the miscreant whose real in- of this fish story, told by a man under tention was undoubtedly to Nur Ahmed, the first prisoner, then circumstances such as the prisoner was big explosion, regardless of the conse went into the box and it reply to hisia and when trying to assist his case he Counsel sail that en June 16th his unele, told a lie and unwittingly mars his case graces to the passersby, has so far Dubbar Khan and decensed had been on The case for the Crown, he said, was one recaped. duty together, at Shek Li Pui. On June of deliberate murder by these two men, zard he was on
duty on No. 3 beat from the blow having been struck presumably 6pm to 10 pm. whilst the deceased was by the first prisoner but that the two men were guilty of the crime because they Dduty during the same, hours on a neighbouring beat. Gulam Khadar, an acted with a common purpose. The case other watchman, war also on duty. Just for the defence was that this was not before 10 p.m. when witness would be murder at all but that deceased met his grang of duty he heard deceased and death by misadventure and that he was Gulam Khadar talking, and he heard de-stabbed in a struggle which ensued in cease using abusive language concern his attack upon these two men. Continu ing witness' unele (Dubbar Khan) Trising, Mr. Jenkin submitted that they would oner then asked him why he was doing not find that these two men bad any wo and he replied that Dubbar Khan criminal intention or criminal minds which had given evidence against him and in were necessary before they could bring Consequence ho was transferred from in a verdict of murder. Shek La Pai. He refused to stop abusing
Dubbar Khan.
Deceased had his rifle in his hand, while prisoner's tile was slung on his shoulder. Deceased raised his gun and hit him on the turban and a fight began when both fell to the ground. Gulam Khadar separated them and the prisoner
returned to his beat.
cause
ête.
H
Thero are
number of food preserving
things as fruit, dah and meat are pre- establishments in the Colony where such
The car was travelling East and it is served by canning. There are also a few believed that the man who deposited the aerated water manufactories managed by bomb boarded the car near the Western market. He was carrying a parcel and Chinese. All these establishments and at just behind the driver, He alighted factories produce articles which, in their somewhere near the Wing On Company's i premises and shortly after he had gone finished stato, resemble the products of smoke was noticed coming from the the best European and American firms as parcel he had left behind him. presumption is that he had found an far as the outward appearance of the opportunity, while on the tram, of packed article is concerned. There is, igniting the fase unnoticed by any other
therefore, a certain danger that "pur- chasers may be led to think that these as trustworthy as those products are which they imitate.
passengers.
The
An old Chinese lady first saw the smoke and called the driver's attention The key of the whole case he sub to it. The driver, the conductor and mitied, was Why was the assailant? If this passenger jumped off the car immed he could establish upon the facts that deiately and a few seconds later the explo ceased was the assailant he did not think sion occurred with the results described. they would find themselves very greatly The passenger injured was one in the embarrassed in finding in favour of the third class compartment. prisoners. Their story had, been told to the best of their ability in a foreign tougue and through the medium of an interpreter. Although it was not necessary for the Crown to prove a motive it was always interesting to find a motive. He would here substitute the word incentive for motive and he put it to the jury that
The car ran for some distance un attended and was then stopped by a European. There was no interruption to the tram service and no diminution at all in the passenger trafic.
I have drafted two sets of bye-laws will circulate which I understand you amongst the members of the Board for the purpose of starting a discussion on this subject, and I hope that members may be in a position to consider the matter pos- xibly in Committee at an early date. On reading my suggested bye-laws members
At 10 p.m. he was relieved by another guard and handed over his rife and am- munition, He then left for his home in Wanchai, but when he passed the fruit market along Bonham Strand West, he passed deceased but did not take any there was no incentive for any attack He "submitted, therefore, that they had will notice that I have not proposed any
notice of him and walked on.
A little further ahead he met the second prisoner who lived in the same house with him in Wanchai, and thy went along together. After proceeding a little way be heard footsteps and turning round saw the deceased coming towards them hold- ing a knife in his left hand.
His friend held the deceased and be (witness) caught him by the wrists. A struggie ensued during which the knife in deceased's hand penetrated his left sida Gulam Khadar then came up and separated them whereupon he and his companion walked away. As they turned away the deceased was not lying on the ground.
the
THE BLOOD OF A FISH. Cross-examined by Counsel for the jarosecution,
prisoner resolutely denied that the knife was in his (prison- er's) right hard. It was true that they had a quarrel but he had no intsation at all of killing him. Further examined
This
measures of control over the quality or purity of the articles to be preserved, nor over the method of packing and quality of the saterials used for packing. I have thought that such measures will be better provided by amendments to the Food and Drugs Ordinance."
+1 T
by any man upon the deceased but that invented the second story to get them. there was an incentive for the deceased to selves out of the serious position in which attack the first prisoner. The motive in they found themselves. When the accord the first prisoner's mind had been satis prisoner had been asked by his Lordship fed in the fight which he had described. why he had not reported the affair to There was no doubt that the fight had the police, he could give no satisfactory, Was not answer. When the first prisoner was actually taken place. seriously challenged, if at ali, by the charged at the Magistracy, instead of Crown. It must be believed that deceased the elaborate story which he had told at Members will also notice that I have had a scuffle with somebody and there was the present trial be had only said "I endeavoured to provide for a consider no doubt that this was more or less ac did not strike him. I know nothing."able elasticity in the application of these cepted by the Crown. Deceased had been The prosecution submitted that deceased bye-laws in order that each factory con merits. I now beg to move that the tumiliated by being forced to the ground was murdered by the first prisoner while cerned may be dealt with on its own His Lordship's address to the jury Board do make bye-laws for the regula the mud before a crowd of Chinese. the second prisoner held him.
tion of aerated water manufactories and The first prisoner had had his satisfaction and bad avenged the name of his uncle lasted an hour. and there could no longer bave been any
food preserving establishments. desire in him to burt the deceased. There could be no possible doubt that there existed in the mind of the deceased an incentive to attack prisoner and to get even with him because he had been pub licly humiliated on his own beat.
་
Continuing, Counsel asked the Jury to pay little attention to the matter of the first story. Ho had during his many he said that he met the second prisoner years practice in criminal, cases found by accident that night.
Counsel then asked that the "prisoner that men who had a perfectly good cases should demonstrate how the accident volunteered a gratuitous lie which did occurred. Two ludian guards were much in ruining the defence which he
was trying to asiïst. chosen and prisoaer held one by the wrists while the man was also held from bind by another person. A pencil was pas in the left hand of the person whol was being held and prisoner showed how the knife could have entered his side klaring the struggle.
SPEECH FOR THE PROSECUTION.
The Jury wore absent for half an hour and on their return the foreman an- nounced that they found the first pris oner guilty of murder, but they submitted strong recommendation to mercy. They found the second prisoner not guilty and ho was discharged.
"
His Lordship: I shall see that the recommendation to mercy is sent, to Eie Excellency the Governor...
The Foreman: We are unanimous in
our decision, but with regard to the first prisoner we find a certain amount of provocation and what he did was done more or less on impulse.
As his companion left the dockNur Ahmed appeared to be considerably moved; but his face soon took on its strange, sphinx-like expression. ¡
His Lordship addressing him said
The chairman seconded, and the motion was carried unanimously.
This was all the business before the inceting..
CANTON CHRISTIAN COLLEGE. RESOLUTION EXPLOITED IN
MANILA.
Chinese propagandists exploited the recent pernicious "resolution" of the American staff of the Canton Christian College at a gathering of the Chinese YMCA Manila on August 3rd. The following account of the proceedings is re-printed from the Manila Times of the day after-
Tracing the causes of the present-
Sir Henry, Pollock, addressing the inry, said the Crown submitted that the deceased was deliberately murdered by the fires prisoner and that the second Nur Ahmed, the jury have found you agitations in China to the pent-up desires In reply to further questions prisoner prisoner aided and abetted the murder.guilty of the charge preferred against you, of the people to assert their equality with stated that deceased left Shek Li Pui The two prisoners had lived together in but they have added a strong recomother nations, to the injustices imposed a week before this ecurrence happened. Wanchai for 2 years and it would bemendation to mercy, which I shall seen them by superior: force, and to the natural. for them to meet each other is forwarded to His Excellency the trend of the times which calls for a He had not seen the knife, since.
Asked to account for the bloodstains every night after finishing duty because Governor. My duty is merely to pass revolt against such inhuman and unjust found on his trousers, he stated that he their beats were not very far apret, the sentence, which is usual in such practices, Henry Dy Cho Yee, local businessman, delivered a speech last night bought some fish at 10.15 in the Western They had said that the deceased attacked case se yours
His Lordship then donned the black at the Chinese YMCA, on the occasion them on their way home. Would not Market and some of its blood must have the deceased have been foolish to attack cup and pronounced sentence of death of the first formal banquet held under the got on his trousers.
Counsel pointed out that the markets the first prisoner when he had a com Prisoner heard it without a tremor and suspices of the local branch of the Fellowship of International Reconcilia in the Colony ciest at 8 pm but pria panion with him. The defence alleged passed calmly from the dock.
tion. He urged the abolition of unequal onor persisted that the market was open that the wound was self-inflicted but and that he had bought the fish there that was disproved on the medical (ETORE THE FISKE JUDOS (MY JUST treaties, and extraterritorial right in China, the application of practical justice He admitted that when he reached home evidence. Dr Patterson's evidence had
to the Chinese by foreigner, and the establishment of a tariff autonomy. He auggested remedies to be applied in order. to establish peace in the Chinese republic, Mr By Cip of the Chinese Chamber of Commerce presented to the gathering a
ས་
e tried to wash his trousers, but he had been very clear and he had definitely
done so because they were covered with
raud.
His Lordship: Why did you not give the man in charge if he attacked you with a knife with the intention of mur- dering you, as you plato 1
pacino, k
asserted that the wound could not have been self-inflicted. He stated that the instrument which wounded defendant must have been used with considerabla
WOOD).]
SEQUEL TO CONNAUGHT BOAD RUBBERY.
Three Chinese, Chak Ching, Chan Kee force. Then there was the question of Fun, and Chan Kuen, were charged with
the knife. Thie had not been found. Both haring committed an armed robbery, in copy of a resolution passed unanimously In reply prisoner said that he had not prisoners had stated that they saw the Connaught Road on June 20th and after by 17 members of the American staff of done so, The question was repeated knife fall to the ground and they left gagging and binding the inmates de the Canton Christian College wharein. several times but he gave the same resit lying there. It was an extraordinary camped with about, 3,000 in money and was stated that the killing of several fact that the knife had never been disa quantity of jewellery. Two of the studente" and unarmed workmen in a the men were later arrested in a brother parade last June is one of the streets of Birdar Khan, the second prisoner, then covered. If it had been left on went into the box and his story in the ground the Police would have recovered Defendants denied the charge The Canton, was due to unwarranted firing by main corroborated that related by the first it. Another strange story related by the first prisoner said he had just previously some foreigners
Discussions relating to the relations of defendant. He further stated that de prisoners was that when they left him come down from Canton and had $400 in censed during the struggle had said "I deceased was still on his feet. Then there his possession. The second, defendant China with foreign powers followed Me won't let him go, I will kill him." In was the story told by the first prisoner said he was well known in the shop and Uy Cho Yoe's aposch Chinees business- eply to to counsel for the prosecution, about the bloodstains on his trousers, would not be so foolish as to have gone men were unanimous in their demands he stated that he did not see bis com. He stated they were stains caused by the thurs to commit a robbery. The third for justice, stating that there is a fo panion with any fish that night. He ad blood of a fish. The jury would also maso, who was a cook in a brothel, cognized government in China winch mitted that the first prisoner had tried to remember, that the second prisoner had brought the brothal mistress to prove representa her in her outside dealings wach his trousors when he reached home stated in the Police Court that he did that he was working at the time, that with nationa, 4,
The secand man
man was convicted and son- Asked why he had not reported to the not kill doccasod. No mention was made police that a murderous attack had been by either defondant of the alleged tenced to woven years hard labour, made on his companion he stated it had struggle, when they were first charged. whilst the first and third defendants
(Continued on next Caluma). were discharged. mat occurred to him to do so.
The group gathered last night will form the nucleus of a bigger organization which promises to be influential in establishing poace on this aido of the globa,
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