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TRAGIC ENDING TO INDIANS'

DRINKING BOUTS.

LAICHIKOK WATCHMAN SENTENCED TO DEATH.

YOUNG BARRISTER'S ELOQUENT DEFENCE.

JURY'S RECOMMENDATION TO MERCY, bottle he threw at the prisoner had

Sandager Singh, the Indian watchman employed at the Standard Oil Company Installation at Laichikok, charged with the murder of Jetta Singh, another watchman employed at the same place, on February 18th, was found guilty yesterday morning at the Supreme Court alter the jury had retired for fully half an hour. In returning their verdict of guilty the jury recommended the prisoner for mercy.

In passing sentence of death upon the prisoner, Mr. Justice J. R. Wood said that he had no doubt that the prisoner had caused the death of Jetta Singh and when the deed was committed the prisoner was drunk. He would forward the jury's 'recommendation to His Excellency the Governor. Primer received" the death sqatenco uzmoved.

MR. FITZROY ADDRESSES

THE JURY.

Mr. H. Somerset, Fitzroy, Assist Ent Crown Attorney, conducted the case for the prosecution and the defence, was in the hands of Mr. W. N. Thomas Tam, instructed by Mr. A. E. Hall.

The case for the Crown concluded the previous day and as the defence did not call any witnesses, Mr. Fitzroy addressed. the jury. After. reviewing the evidence in detail counsel stressed the fact that the murdered man was cut severely in several places. One of the gashes had" tora a piece of flesh from the forehead down to the ear. The murdered man could not have put up any resistance and it was quite clear that there was no quarrel be tween the two men at the time of the attack. This was borne out by Mr. Kailey, superintendent of the installation, who said that if there had been a quarrel between the two men at the spot where the deceased was found, it was not likely that the Chinese employees would not have heard of it. From this, ft. Fitzroy added, the jury would find that it was a deliberate attempt made by the prisoner on the life of the murdered man. **This is a case of murder and the eridener is clear," said Mrázszoy,”

- "Not Liks-Nevaring An Artery. Continuing, Mr. Fitzroy dealt with the, blood atains found on the prisoner's clothes. He demonstrated to the jury that if a person was

in

"

2

Why He Wished To Leave Colony.

Another fact which the prisoner could not explain, Counsel said, was why he had, wanted to leave the Colony. The morning after the murder prisoner was found at the Railway Station trying to board the Ant train out of the Colony. He had bought a ticket for Sum chun and when challenged by a Indian palier constable, he said he was going to Jungkoon. Ling" and that he had just come from Hong Kong. This information was incorrect.

What About The Overcoat? His Lordship pointed out that at the time of the attack, the pri- only wearing his tunic. The man soper, according to the evidence was was arrested the next morning with overcoat on and on that ever coat there were also blood stains. His Lordship asked Mr. Fitzroy if he could account for that.

Could Be Applied Both Ways. Continuing. Mr. Tam asked the jury to remove from their mind the fact that the prisoner was in the dock. Now supposing the pri soner was killed and the murdered man was in the dock, you have perfect case against the decessed Jetta Singh The evidence sewed that Jetta Singh had returned to his quarters alter the quarrel, with the prisoner. He was feeling must nanoyed and dissatisfied because the missed its objective. Again why did Jetta Singh get up at 9.30 p.m. after he had turned in? He must have had soundthing in his mind. And why should he cover himself with a blanket when ho went out! A blanket, gentlemen of the jury, is very useful for hiding a wagon. It must be remembered that Jetta Singh was very annoyed with the prisoner and there was nothing to -prevent him from getting the chop per, sharpening it and then donecal ing it until 0.30 pm. After wait- ing till then he covered himself with a blanket and went out to get his own back on the prisoner. It is not likely that the prisoner had waited on the off chance of Jetta Singh turning out; but it is likely that Jetta Singh went out to search for him."

The Usefulness Of A Blanket.

In the days of chilvary, phan there were no guns and all brave men fought with daggers and words, a blanket was a good de- fence. It could be used to throw over an opponent or rolled up it. formed a sort of shield. So if the prisoner had atincked Jetta Singh, he could very well have used his blanket in this manner.

And now, evidence before you it is just as gentlemen of the jury, from the possible that the prisoner was at tacked by Jetta Singh. In the the chopper from the murdered man struggle, he might have wrenched and struck back in self-defence. This would have excused his erime and more eo since they were both drunk, but I am not suggesting that those were the facts of the cue. I esidence could be applied both only intend to show you that the ways. In British law you have to prove the prisoner guilty and there is a shadow of a doubt, the prisoner is entitled to the benefit of That doubt and should be dis- charged."

Prisoner's Conduct Not Of A Guilty

Man

Mr. Fitzroy admitted that the evercost was not being worn when the crime was committed. It was quite probable that it had come into

Mr. Tam then went on to deal contact with the blood stains on the tuaic or on the trousers.

with the prisoner's conduct at the also possible that the abrasions on

It was Station. He said that the prisoner prisoner's hand had caused slight man would have done. He made no was not acting in a way a guilty bleeding and that in putting his attempt to hide himself nor bad hand into the overcoat pocket, the prisoner had stained the right hand stains. He was told by the police ho attempted to remove the blood pocket of his overcont.

constable that he was suspected and he at once replied that he was will- ing to go anywhere the police would ike, to take him. In conclusion, Mr. Tam said." Gentlemen of the Jury, you will have to satisfy your- selves beyond any reasonable doubt that prisoner was the man who com mitted the crime.. I have just pointed out to you that only. circumstantin) evidence has been given and that this evidence could equally be applied another way. you will find the prisoner not Unless you are perfectly satisfied, guilty.

THE DEFENCE. Prisoner's counsel, Mr. Tam, who was conducting his first case in the Colony put up as good a defence as pomble and poke cloquently and with much logic. Addressing the jury, he said that he was. pot putting the prisoner in the box because he had admitted that he was very drunk on the night in question and that his mind was right-handed and dealt the blows in the box he might easily prejudice a blank. "If I were to put him in a standing posture, it would result is own case while he certainly can few drops of blood being not say anything likely to help him spattered on the right side of his self. tunic. Asetero cut on the 'forehead would not cause a rush of blood like the severing of an artery. The jury could therefore not expect to find more blood marks on the pri- soner's clothing. It must also be borns in mind that evidence had been given by two Podied inspectors as to the abrasions oa prisoner's right hand. Although the abrasions were fresh, they were not of the nature which would bleed at alk

Circumstantial Evidence,

The whole of the evidence of the you are asked to infer that the Crown is purely circumstantial and prisoner murdered Jetta Singh, The deceased was found dead, and do not know, but the Crown had whether, he was murdered or not we asked you to infer that he was and that the prisoner committed the act. It is certainly not proved that the chopper used was the one mist ing from the kitchen. It is also not proved that the prisoner had actually taken the chopper from the Mr. Fitzroy then went over the kitchen. "Anyone of the walchanan drinking bouts indulged in by the employed there could have had murdered man and the prisoner on

access to the kitchen and all knew the Intal morning and traced the where the choppers were kept. “ beginning of the dispute to the shop The evidence of an Indian going man were having more drinks after use of the whetstone was of no where prisoner and the murdered to the carpenter and asking for the

The Motive,

was sharpening."

JUDGE'S BUMMING UP.

His Lordship then summed up st evidence was clear that the murder- length. He mid that the medical

and in several places It went to ed man was struck very violently show that unjustifiable force had been used. Anyone of the blows rendered the murdered man power- would either have caused death or

any other man. Therefore murder leas had he been trying to attack was clearly established for the jury to decide who the muz derer was. It had also been given in evidence that the prisoner and the murdered man were on. good terms.

It resta

Only Two Peints To Consider. whole evidenca and finally present

His Lordship then reviewed the ed two points for the jury to con- that night and early next morning der. The first of these was that the tunic which the prisoner wore

stains on it. The second point was that the prisoner had gone to the Bailway Station and was in the act of taking the first train out of the Colony.

His Lordship added that drunken- ness was no excuse in charges of this nature less it produced mental disease which rendered the prisoner incapable of knowing what he was doing."Your sole duty is therefore to decide for yourselves whether or not this man dealt the blows."

they had already consumed a whole weight as the witness could not was found in his bed and bad blood- bottle of gin in their quarters. In who the Indian was or what he the shop a quarrel. aros between the two men. Jetta Singh struck the

Beyond Mortal Kan. prisoner, twice with his clenched fists. The prisoner ran away and

Continuing. Mr. Tam said that Jetta Singh threw a bottle at him why the prisone had wanted to and missed his man. Jetta Singh leave the Colony uld be answered then returned to his quarters and in the words of Counsel for the told the other watchmen that he had Crown: "That it is beyond mortal struck the prisoner. It would been to know the workings of the reasonable, Counsel suggested to as- miad of a drunké man. sume that the prisoner nursed his As to blood stains being found grievance and after taking a chop on the prisoner's tunic, Mr. Tem per from the kitchen, had it sharepointed out that blood stains were pened and laid in wait for the also found on the overcoat and murdered man to venture out. It from the evidence before them it was ia, hawever, beyond mortal ken to clearly established that the prisoner follow the workings of the mind of was not wearing an overcoat at the time when he was alleged to hare attacked the murdered man. It was therefore fair to presume that the It appeared that the murdered blood stains found on both the tunis man returned to his quarters after and the overcoat were stains from the row with the prisoner. Be the abrasions in prisoner'a kand. went to bed and at about 9.30 p.m., The stains were very small and one he got up, threw a blanket round would expect to find more on a man himself and went out. Why he went who had committed such violent out was not known but it might be | acts.

a drunken man,” Counsel added.

A`Quick Charge.

it to hack another min a

correct to surmise that he went to Counsel then demonstrated to the got more drink and that was the jury: that the clapper was only aliv time Jetta Bingh was seen about a foot long and anyone using

Counsel said that it was safe to presume that the prisoner returned to his bed between 9.30 and 11.45 p.m. He changed into mufti, hay ing thrown his tunio on the bed, and he took away certain things with him. One of the things he took away was his certificate of nationality, which was found on him the next morning when he was arrested.

ing position would have to be in close proximity, and for a chopper of one foot long deal such a long cut, the holder's hand would almost rest on a part of the wound inflict ed. The blood, would then flow al over the slaves and taking all this into consideration, one would cer tainly expect to and a large blotch of blood and not the few drops that were found on the prisoner's tunio.

JURY'S RECOMMENDATION.

The jury retired for half an hour and when they re-assembled, they returned a verdict of guilty. They added a rider to the effect that mercy should be shown to the Prisoner...

ני

THE SENTENCE. His Lordship then donned the black cap and addressing the pri gonor said: "I quito agree with the

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