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THE HONG KONG DAILY PRESS, FRIDAY, JANUARY 28th, 1927.
SUNNING" PIRACY TRIAL CONCLUDED
SIX PRISONERS FOUND GUILTY.
THE DEATH SENTENCE PARSED,
"THE FORMOSAN DRUGGIST ACQUITTED.
Having reached its ninth day at the Supreme Court, the Sunning piracy trial was concluded yesterday. The seven remain- ing prisoners out of the original twenty charged at the Central Magistracy appeared in the dock for the last time. Of these seven, six were found Guilty" of piracy, and were sentenced to death. The remaining prisoner, a Formosan druggist, was found "Not Guilty," and was discharged. *
is
The Paiane Judge (Mr. Justice J. R. Wood) who has tried: the case with a jury, summed up at length, his address to the jury occupying the whole of the morning. The jury, who retired: from the Court just before one o'clock, ware absent only saven minutes before returning with the verdict.
With this evidence was coupled
(in the cases of Nos. 1, 2, 4 and 5 with the fact that valuables belong ing to passengers and (in the case of No. 9) a paper with the ship's records signed by the wireless operator, had been found on them. As regards No 3 his Lordship had not been able to find anything of a similar nature in his notes
Evidence Reviewed.
If there was anything to reinforce this evidence drawn inferentially then it must be drawn from the evidence of passengers on board as to the movement of people they had identified. But this, it must be clearly understood was only sup- plementary evidence in respect of the men be had mentioned.
His Lordship reviewed the evid- ence of Capt. Pringle, the Chinese consul, the cabin boys and others who identifed certain prisoners on board and gave their movements al- legedly in connection with the pirate gang
His Lordship commented that he was in agreement with the verdiet, and remarked that there was no doubt that the mea found Guilty" were members of a pirate gas- There were many members of the This, said his Lordship, was the public present in Court yesterday, only direct evidence to connect any
After reviewing the evidence including several women, to witness of the prisoners with active parti- the final stage of the trial..
cipation in the acts of violence men given.by various witnesses called by Two mere man charged in con- tioned in the charge. But the the Crown, his Lordship pointed nection with piracy on the Sunning Crown, in its second line of "at-ont that the 8th prisoner, when in are still in hospital, and it is a tack" asked the jury to find these the witness-box, had stated that No. derstood that separate proceedings, men guilty, because they were shown 1 had visited his cabin. (No. 18) are to be instituted against them. to be members of a gang which set bringing in a quantity of opium
The case for the Crown has out together with a common inten-gear. been conducted by the Assistant tion to commit this crime of piracy. Turning to the statement made Attorney-General (Mr. J. H. B. and to use every type of violence by No. 1 when formally charged at the Felice Station, the Judge. Nihill). Mr. C. G. Alabaster, Kin connection with it. (instructed by Messra Lo Lo) Referring to text books defining said that the jury must bear in and Mr. H. G. Sheldon (instructed the doctrine of common purpose his mind that that was the only erid- by Mesara. Hastings, Dennys and Lordship mid that it was laid down Fence offered on his behall. Neither Bowley) defended the accused men that when several persons tock at the Magistracy nor in that Court The four prisoners defended by Mr. part in the execution of a common had he elected to go into the wit- Alabaster wars those discharged. criminal purpose each was a prin ness box. In his statement to the cipal in the second degree in res Police he had admitted taking párt In addressing the jury, his Lord-pect of every crime committed by in the piracy, but had said that he ship dealt with the question of the any one of them in the execution of did so under compulsion. It was definition in law of piracy. It was that purpose. If any of them com for the jury to decide the issue, enough for the jury to understand mitted a crise foreign to a common having due regard to the evidence that if passengers from the ship purpose the others were neither of identification called by the were robbed and intimidated, any principals in the second degree Crown of the ship's carge taken, officers nor accessories unless they actually intimated and possession of the assisted in the commission of the ship taken by force then that was act piracy
His Lordship Sums Up.
Referring to the 2nd prisoner, his Lordship, after reading the evid ence of a number of witnesses who had identified the man, said that| he had claimed to have been an officer under General Cheng Cheung Ming and had denied having even participated in the piracy. - In his case also, the jury would have to bear in mind, the fact that he had declined to give evidence on his It had been claimed for the | own behalf._^~
The Crowninaked the jury to find that violence was not foreign to the common purpose of the pirates and that they were liable to be con ricted for the acts committed whe ther or not, they were identified as having actually committed such acts of violence s
But these prisoners were not indicted on a charge of maple piracy alone, but with a special statutory felony of piracy with violence The exact statute under which the indictment was drawn was framed before the foundation of the Colony of Hong Hong and was part of the law of Hong Kong Pirates that it was their intention With regard to No. 3, it was, more when they set out to avoid all un- important that the jury should- It provided that anyone participat ing in piracy who assaulted with cry violence and that the carefully consider the evidence evidence clearly showed that they against him. The identification of intent to murder any person on board, who stabbed, cut or wounded intended if no resistance was offer Capt. Pringle was always weak and any such person, or who unlawfullyered in any way by the officers of not to be relied upon, when it stood committed any act whereby the life the ship to do no more than to have by itsell
the ship taken to a certain place.
Their Purpose, ;-
of any such person might be en- dangered was guilty of felony.
The indictment against these prisoners alleged a series of
saults with intent to murder," viz., the shooting at officers on the bridge, the using of the Chief Engineer and others as a shield to re-take the bridge on which the officers had taken up their positions and the setting fire to the ship to the endangering of the lives of those on board.
But whilst they might have set
His Lordehip deals in turn with Nos 34 and 20.
Referring to the 8th prisoner, his out with no direct purpose of en-Lordship said that there was much
The Verdict.
dangering the lives of those on in his favour. He had produced board, their purpose was doubtless his passport and two respectable complex one, they could not tell witnesses with regard to his char of the contingencies that might acter. A grave responsibility rest- rise in the matter of the defence ed upon the jury, but if they had of the ship. If the jury found that any reasonable doubt it was their they set out with the intention of duty to find in favour of the putting down any resistance that prisoner. might occur by the exercise of In order to find this offence violence then they would rightly After a proved the jury must find that at conclude that the common purpose included the acts in respect of least in one of these events the
which they were indicted.. prisoners participated. He did not
"I think that it is a matter of think that the jury would and any common sense," said his Lordship, difficulty in coming to the conclu- sion that such events had taken that if a body of armed men dis guised as passengers._board_a vessel, declare themselves as pirates and disarm and intimidate officers and passengers they must have con. templated the possibility of such
piace.
His Lordship emphasised that the jury must bring in their verdict on the indictment as set out by the Crown, vis, that of piracy with
violence and prisoners must be found guilty or not of nothing more or less.
Crown's Case, The Crown had endeavoured to prove the case against prisoners in
acts as followed
retirement of seven minutes, the jury returned a ver- dict of "guilty" against Lam Tse Loung (No 1), Lầu Hoa Ki (No 2); Chan Loi (No. 3); Bun Mau (No. 4); Chang Chiu Ming (No. 5); and Chan Kam In (No. 20).
Lai Chuen Chung (No. 8) was found"Not Guilty and Mr. C. G. Alabaster, who defended him, formally asked for his release, which was granted lease, After donning the black cap, his and, with that so, every man Lordship said—“You six men how to have been a member of the have been convicted upon your pirate party was liable to be con- trial. There is no doubt that you victed on the indictment. The next were members of a pirate gang on step was therefore to consider whe board this ship. Members of your ther these prisoners were shown by gang fired on the officers of the two ways. In regard to actual evidence to have been members of ship. They also used the Chief participation in acts of violence the party and consideration must shield when they were attempting Engineer and passengers as s be made separately, in respect of to re-take the bridge. They also each of them.
act fire to the ship. I myself am in agreement with the finding of All the prisoners were not in the the jury. It is my duty to actually participated in acts of some position as regarded evidence, pass upon you the sentence requir violence. Mr. Leila Anderson had Nos. 1934 and 5 were founded by the law." deposed to No. 1 prisoner having together in the Nor's lifeboat which He thanked the jury for the dragged her from her cabin to go was used by persons escaping from patient attention they had shown, the Sunning. It was only common and intimated they would be. with other passengers and set achte towald hit Lordship, it period of three years
1 voicing my exempted from further service for a any rate that No. 1 was collecting in for you to decide) that any per- passengers for this purpose, w
son found in No bost might be Lamb (foreman), H. Hyndman, J. The jury were:Messra H J.
first line of attack ”-- in the Crown's case-there was some evid- ence to show that two persons
shield. That was some evidence at own view
A cabin boy witneas had identi-inferred to have had something to CV. Ribeiro, F. G. Samways, F. fied No. 5 as a man who dragged doth the were able to give a Taylor, P. N. Xavier and W. him with others to the host deck, Unleas they were stating that the officers had sudden satisfactory explanation of their Sawyer.
turned the tables and that it was presence, there their presence was Prisoners received their sentare, a bad job." Witness stated that enough to connect them with the with composure, although two made, be, and others were forced to the pirate gang and those men had attempts to interrupt his Lordship boat deck to act as a shield in the given no ezplanation of their with explanations as he was passing re-taking of the bridge
presence on board. –
sentence.
K. M. A.
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IT IS VERY IMPROBABLE THAT THE
NATIONALIST... DECLARATION
POLICY WILL BE PUBLISHED EXTENSO IN THE HOME PAPERS.
OF IN
The full text is given in the HONGKONG WEEKLY PRESS To-day, together with the reply published in our daily edition yesterday.
It is essential that all the facts of the situation should be known and that the people in England should not be left to base their judgment upon the strength of Mr. Eugene Chen's special pleading.
subscriber from up-country, in placing
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“Why not add to your advertisement of the WEEKLY PRESS the suggestion that -each of your readers should furnish you with the address of their local Pablic Library at Home to whom you will under- take to mail a copy to be laid on the Reading Room table? I think that your subscribers would be glad to do this It is the trouble of packing and posting papers themselves which deters most people from sending them home"
This is propaganda which the individual may
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It seems a pity, when most people are emphasising the importance of publicity, that they should allow good oppor tunities to pass owing to the "trouble of packing and posting." We will send the WEEKLY regularly for a year to any address in the World on the receipt of a subscription of $15
The subscription list of the WEEKLY is growing steadily. But the should be available
paper sho in every town in Great Britain. The Canton Government will cheerfully spend thousands. of dollars on the off chance that their cables will be published and read by our people at ome. Why should not each individual resident in the Far East do a little towards bringing their side of the case to the notice of the reading public?
This week's WEEKLY, in addition to giving the Nationalist Manifesto and our reply also contains further details of the outrages at Foochow and, of course, the latest news regarding the position on the Yangtze,
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