Golf Shoes
4
with the
Royal and Ancient? soles, as worn by the leading professionals.
Plain
toe cap
you
Storm
welis
Whether you are an enthusiastic golfer or walker,. will be pleased with Lis comfortably made solid shoe, every inch of which will stand the most rigid tests of hard usage. The designing has been con- trived to give the greatest ease, which is so necessary in a sports shoe, and we can confidently recommend this shoe to give the utmost satisfaction.
Mackintosh's
"THANK"
GOODNESS
·LAM
INSURED
This might be your Car and with you in it!
Insure against Accidents
with
THE HONG KONG DALY PRESS. TUESDAY, MAY 13, 1930.
SUDDEN COLLAPSE OF
MURDER TRIAL.
JURY DECIDE EARLY TO ACQUIT THE
PRISONERS.
CRITICISM OF THE IDENTIFICATION PARADE.
At the fourth day's hearing of the murder trial at the Criminal Sessions yesterday, the three young Chinese walked out of the dock when the jury returned a unanimous verdict of "Not Guilty after listening to counsel for the defence.
The case ended abruptly following Mr. Jenkin's submissions that the Crown, far from proving guilt beyond any reasonable doubt, had utterly and hopelessly failed in discharging that onus. Counsel commented on the unsatisfactory conduct of the identißen- tion parade and the unreliability of the evidence of the chief Crown witness, the little girl, and he submitted that on such evidence they were not justified in hanging a dog.
DEFENCE COUNSEL'S SUBMISSIONS
TO JUDGE.
"At the person who goes on to
GOVERNOR THANKS THE COLONY.
RECORDS APPRECIATION OF WARM WELCOME.
CRAFTSMANSHIP SHOWN IN
ADDRESS ADMIRED.
We give below copy of a letter received from, the Hon. Colonial Secretary, by direction of E. the Governor, which will be read with not a little interest by the public of Hong Kong. The text of the letter follows:
Colonial Secretary's Office,
Hong Kong. May 12, 1930.
NO TENNIS INTERPORT?
DIFFICULTY IN GETTING"
MEN'S SIDE,
Judging from the replies received to the letters of invitation sent out to our tennis stars, it would appear
WOMAN KIDNAPPER
GAOLED."
REDUCTION PROMISED" IF CHILD IS TRACED.
A Chinese woman who nepeared before Mr. T. S. Whyte-Smith at the of kidnapping a small boy from an Kowloon Magistracy on a charge that there will be no tennis inter address in Shumshuipo was convict- port this year. Three of the leaded and sentenced to a year's im-
prisonment with hard labour. ing exponents have definitely' de,, It was stated that the woman clined the invitation, while the others do not seem at all about being able to get the neces sarv leave
sure
lived with the boy's parents and was in the habit of taking the boy out for short walks. On April 20 - the two went out together but never returned. A month later the woman, was arrested, but the boy was never that they believed that the child recovered. The police remarked had been taken to Canton and sold. and in which case there was little
chance of his recovery.
Interviewed by a Daily Press re presentativo yesterday, Mr. D: S. Green, Hon. Secretary the Hong Kong Lawn Tennis Association said that there was very little like lihood of the interport coming off. There would be no difficulty in sending a representative ladies' Magistrate told her that if she gave In convicting the woman, the Sir, I am directed by His Ex-team ba the northern port, but as cellency the Governor to convey to regards the men. that would be a
any information which would lead you personally, and, through you, very different tale. It was hoped to the recovery of the child, a re- to the members of the Public Re-originally to have the games play commendation would be made for ception Committee and the people ed from the 24th inst. it which her sentence to be reduced. of Hong Kong, His Excellency's case the Flacher Brothers, who will most sincere thanks for the warm
be shortly leaving with the cricket welcome accorded to himself, and team, would be able to participate. Lady Feel, on the occasion of their However, the Shanghai people have arrival in the' Colony.
stated that they could not arrange to have the matches played before the middle of June. It is hoped, however, that our friends may be persuaded to make the trip down Not a little concern will be felt here in November, in which case by the many friends of Mr. T. F. Hong Kong would pay them a re- O'Sullivan when they learn that the turn visit in May, 1931. The Asso-missing man could not be found ciation will be able then to help although the Police had conducted with the financial part of the systematised search for him en scheme.
Saturday afternoon,
,I
I am, Sir, Your obedient servant,
It is indeed a pity if the inter- (Sd.) W. T. SOUTHORN, the majority of our players are port contests must fall through, n
I am further to state that His The three men were alleged to
Excellency has received with very much pleasure the address of wel- imve taken part in the murder of an identification parade as a wit-come, and in thanking you for it Cheung Hung. Chun, a Buddhist ness to identify somebody; should be wishes to express his admiration priest, in his flat at Kowloon City, that person have any pre-know- of the skilled craftsmanship which engrossed the address, and design- on the afternoon of February 5. ledge at all of the prisoners who ed and executed the handsome Medical evidence was to the effect are going to make up that parade I casket in which it was contained." that the priest died" of suffocation I say it is obvious they should not. from the cloth gag. A fifteen year-This girl tell us, and the fantastic old girl, a servant in the house, character of her explanation I shall not deal with at this stage that was the principal witness.
tense atmosphere she knew Yeung Chan would be on when Mr. F. C. Jenkin, counsel for the parade and would be standing the defence, who had throughout fourth. been instructed by Mr. Geo. K. Hall Brutton, made a submission to his Lordship before proceeding, to give ab outline of his defence."
There was
E
Colonial Secretary. The Honourable,
Mr. W. E. L. Shenton,
Chairman, Public Reception Committee, Hong Kong.
The
was Yeung
Never mind how she came to know it. She tells us she did. Can able to identify him later. that be antisfactory, my Lord. She only possible explanation was that tells us, moreover, she knew that Chan, the friend of the old priest,
among the four men
there would be, in addition to and not desiring to pick him out Young Chao, two other men on that as one of the men, she picked out
the first necused. parade that she would be required to identify."
The man Yeung Chan, or Uncle Chan as the girl called him, form- ed one of the identification parade, and yet there was not the flicker of an eye-lid to betray the fact that she knew him. Counsel asked, the jury if they would not expect
Importance of Identification, Mr. Jenkin said that the identi- fention of the accused by the little girl was of the utmost importance, since on it rested the whole case If there were to be ant value for the Crown. It was laid down attached to parades of that class, in the Court of Criminal Appeal then they had to be conducted with that in any case where justice de. the highest regard for the safety of pended upon the independent evi- | accused and there should not be anyther to show some sign of recogni dence of identifention of a witness, possibility of suggesting, as counsel and where identification had been did suggest, however, unconscious brought out by any kind of sugges-it might be, that any unfairness tion or other means, by any mode which did not make the identifies tish absolutely independent, the Court would unhesitatingly squash
ît.
While he had no desire to do or say anything which might affect Mr. Sparrow's position at all, coun- sel was in duty bound to say that the present was the grossest of all the possible cases which could came before a Court of Criminal
THE GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORP., LTD, Appeal.
For information apply
AGENTS:
J. H. BACKHOUSE, LTD.
TEL No. 27789.
1A, CHATER ROAD,
A HOME ENGLAND
BY THE SEA®
FREE
A SEASIDE HOME In a Garden City, Immediately adjoining Brighton.
or £1,000 in cash
A wonderful scheide land investment in England; an initial payment of £1 give you an opportunity in par Ficipate between the dile and September 30th, 1933, in a free gift of a £5,000 Semide Home, or its equivalent £1,000 in cash
This is the synth Free Gilt House which has been ofered in our Estaim. The home offered last year, was won by Mr. Bowling 215, 11sinsuk Road, Lerner, Excx, and the previous Free Gifs Saida Home was way by Ms. J. Mcheren, 15, Victoria Chamberz, Chowringhee, Calcutta, India,,
Side and its allied Fuentes rich along the Seth Coast of England for almost five miles, and is acknow Indged to be the grabestande down plancing and land development enterprise ever undertaken, in a Safe Beer leren gear this area has become thriving as atnest resort, with more than 5,000 residents Silidean has developeaand wil it is bebered. recently been taken into the Municipal aton af Erighton, and is growih. proved is an unprecedented way during 1930.
We ofer Inge Froehold sise at the low cost of 450 such and semide hours can be built to suit your own requirements from £450 pwards. Ne taken a'u payable uouf you build and there is no obligation to build ne any time. E ledes: Ligis, Company Frwater, and all moders moveniences are incorporated in beautiful weakde bornes webich 'ure availslite for purchase
There me troque boss se Brighton Station and the fact train service in the World to London
FORWARD THIS COUPON TO-DAY..
To The Secretary, Hean Euate Co Ltd, Suledown, Brision, Essland.
Application form, to allow of my partitioning in your oßer në e 8.1,000 saatide house or its equivalent in cul which is to be given away keen of all costs.
NAME
ADDRESS
Hongkong Dally°Press—43/6/30,
"hatsoever was created. In all the authorities his Lordship would see that unless there was evidence of the highest standard of fairness in the conduct of parades, they were not acceptable. Counsel then made these quotations from the judgments of the Lord Chief Justice:
"There must be positive identi- fication and not anything in the tion. It is not sufficient that what nature of acquiescence or sugges is done should be fair; it must be manifestly clear that nothing was done which might seem to be un fair."
tion..
Counsel continued that it was a mysterious case, with more behind it, than met the eye, but they were not there to help the Crown out of its 'difficulties. He himself had ap- peared in criminal cases in that Court for 18 years, and this fact was known to Mr. Fitzroy and the learned Judge, but he had seldom- seen a more mysterious case. As far as he was concerned, the Crown had utterly and hopelessly failed to establish thoir case.
"Whose Teeth?" Asks' Counsel.
Mr. Jenkin then touched, on the
matter of the teeth, producing various teeth in the upper and charts showing the position of the lower jaw. He showed that one of the teeth found was an incisor and could not be fitted in with the After dealing with an aspect of¦ the identification parade. Mr.
missing molar in the mouth of the "His Lordship said he would agree vid priest. If it had been fitted in Jenkin said: Taking the evidence with counsel to the extent that the molar gap in the old priest's is a whole you can only come to there was evidence of some danger mouth, it would have been blow out ane conclusion. I do not make any parade, but he did not think there ed that the tooth found did not in the conduct of the identification every time he sneezed. This show- suggestion against the officer, it was any, evidence of suggested belong to the old man." was merely a mis-statement on bis identification. While his Lordship
desired the jury to consider this old man's tooth- and he would say Counsel neked if it was not the part but this parade was not con- point, he would comment adversely it was not or if it did not come ducted with that fairness which is on the matter when it came to from the mouth of any of the three demanded, by the administration of summing-up.
Accused; then whom did it belong justice. I say if these facts were Mr. Somerset. Fitzroy, for the to? Whose blood was it which was to go before a Court of Criminal thought the matter was one for the on the clothes of any of the three Crown, remarked that he also found in the No. 1 cubicle 1. Not appeal, that Court would say that jury to decide. He could not read accused was a drop of blood found. the evidence of this girl, however from the evidence given by Mr. Could there be another man con true and however it might be a been suggested to the witness in been screened from them! If there Sparrow that the identifications had cerned in it whose identity had
plied to three other men, should not be looked at as evidence at all beenuse of what had taken place as the identification parade."
any, way..
·
was, en this man must be laugh- ing at them through the gap in his teeth while they are engaged' in this serious matter.
Girl's Conflicting Statements. Pointing at discrepancies in the girl's evidence, Mr. Jenkin told the Counsel continued that the teeth Counsel continued he would go jury that it would only creato provided one of the finest clues in further than that and say that the feeling of disgust to think that they the unravelling of the crime, but identification parade was faulty should be asked to listen to evi- it was not followed, up because it because with regard to at least dence such as that, given by the was thought they belonged to the girl, and he would suggest that it old man. It was also not shown one of the suspected men the girl would be a travesty to ask them to the doctor who examined the was stopped and asked to say whe-to bring in a verdict of guilty on man's mouth and found a gap. ther she recognised the prisoner the evidence of the girl. Like the Counse! said that if the tooth were. before whom she was stopped and rest of her story, it was a fake put in that gap, it would behave having been asked to point out the not tell & clean-cut story which car. It was not the old man's tooth, from beginning to end. If she could like a walking stick on a stand." man she reco, mised, she was taken, ried conviction with it, then there and a dental surgeon would laugh by a portion of her garment and was nothing else in the case, and at a suggestion that it came from led up to the prisoner.
the Crown had not discharged their that part of the man's mouth, in-
dicated in the evidence.
An Unsatisfactory Parade.
Qous.
"Sho is absolutely and hopeless- Mr. Jenkin proceeded to deal Hig Lordship observed that that ly unreliable." continued counsel, with other minor points, before there was no evidence of the girl and except as a travesty, no ono calling his evidence, when the forc being stopped. There was evidence would classify this as evidence at man of the jury intimated to the that she paused at certain stages all. Her mentality of that is such Bench, that they desired the case of the parade,
that if she were to be put in the to be stopped, stating that they Counsel continued:- A more un- witness-box to give her version of were not satisfied with the Crown satisfactory parade one could hard-this affair six, nine or a dozen evidence.
ly imagine. Who ever heard of a times, it is obvious that that girl's His Lordship told the jury that person being put up on a parade version would yary on every oc- it would have been better had they to conduct an, independent indenti: casion and that, in the end, we waited until they heard, the counsel fication, of having her garment should have such a jumble it would for the Crown.
After a submission by Mr. taken and led up to the prisoner be impossible to believe that she their supposed to recognise the dog at all where that he had nothing el men were standing close to one knew anything about it. Another in the line and there was the danger that the constable might lead that girl to a man at whom the was not looking. There is a possibility of that."
to put before the jury other than Counsel went on to speak of the the evidence already submitted, the girl's strango behaviour at the Kow.jury, without retiring, gave a ver loon Police Court After failing to diet of not guilty against all the identify the first accused, she was prisoners, who were thereupon die-
(Continued on next Column. charged.
playing very well just now and we teel sure that if they do not return with the trophies, they would. at any rate, give a very good account of themselves.
MR. T. F. O'SULLIVAN.
י'
MISSING MAN STILL NOT FOUND..
A party consisting of about 40 men concentrated on a' search for
Mr. O'Sullivan round about the vicinity of the Upper Levels, especially, Kennedy and May Roads. The partý returned none the wiser in respect of the whereabouts of Mr. O'Sullivan.
DURING THE SUMMER MONTHS
YOU NEED A DUST ÄND
DAMP-PROOF WATCH.
Stocked in Silver and Gold. Different Qualities and Prices"
All made by
TAVANNES
&CYMA
on time all the time
J. ULLMANN & Co.,
JEWELLERS,
ALEXANDRA BUILDING.
Wireless Worries
If you have any trouble with your set-if you have any difficulty in getting good re- ception-write full particulars
to "Coherer," care of "Daily Press," and he will answer
your inquiries in his Wireless Notes, appearing Every Thurs- day..
Simply Settled.