ATTACK ON POLICE OFFICER.
SEQUEL AT SESSIONS,
Win the Criminal Sessions open- ed at the Supreme Court yesterday, Lam Im was charged before His
Honour Mr. Justice Wood with shooting at Sergt. Harris with in- tent to maim, disfigare or disable, or with intent to evade arrest.
Mr. S. Whyte Smith (Assistant Crown. Solleitor) appeared for the
·prossention and the following com- prised the jury--Mews, V. C. Labrum (fareman), La In, D. G. Chin, J. C. Bollard, H. A. de Figueiredo, Chak Tui Kwong and A. F. Gladstone.
The prisoner entered a plen of not guilty.
In his opening, Mr. Whyte Smith said that at 4.20 nm. on July 2, Sergeant Harris was on duty at the junction of French Street and Des Voeux, Hond West when he unticed the prisoner, whose clothing WŁA bulging. The man was stopped and after wing searched, was placed under arrest and was being taken to the Police Station when he struggled with the officer in an at- tempt to escape. During the strug gle that ensued the officer grated the prisoner's right hand and found him holding the officer's revolver which had een removed from hisi holster.
HONG KONG DAILY PRESS, TUESDAY, AUGUST 23, 1932.
CROWN CASE CONCLUDES IN FUNG
MURDER TRIAL.
DEFENCE SAYS NO CASE TO ANSWER: LEGAL ARGUMENT BY MR. ELDON POTTER.
NO EVIDENCE TO BE CALLED BY
DEFENCE.
The Crown caso in the Fung murder trin! was concluded yes- terday morning and at the close of the evidence, Mr. Eldon Potter, lending Counsel for the defence, said he would submit that there
was no case to answer.
24
to
The afternoon was wholly occupied with argument whether or not there was a case to go before the jury. The mem bers of the jury were not present during the argument.
Mr. Pottor made a submission to the effect that there was a distinct gap in the Crown case and argued that the evidence of Tani a private car driver, did not show that Ah Lau, accused's chauf fear, in nag way acted as Cheng's agent. He also argued that the evidence of Zimmern and Christie did not show that Cheng had procured Ah Lau.
Mr. Sheldon also addressed the Court and after Mr. Potter had replied to Mr. Sheldon's remarks, the Chief Justice said: "I hold there is evidence to go to the jury. I would like to say that this argument has proceeded on the assumption, that the evidence is true and to be believed. The jury might disregard all of it."
QUESTION OF GAP IN THE EVIDENCE.
ment against the person with whom the girl was living. That is only human nature.
A6-
Opening his argument, Mr. Pol- ter said:"I make my submission that there is no case to go to the jury. Of course, your Lordship' ap. Mr. Potter: I assume all that, preciates that I am forced to I don't see how that helps to necept, for the purpose of my argu- bridge the gap. It is the duty of ment, the evidence of Crown wit the Crown to bridge the gap. He wrested the revolver nesses, which evidence are in fact aning all your Lordship say,, you from the prisoner who managed to entirely disputed. My sulenission still have the gap between Taai and escape but was subsequently re-is there is no case to go before the the nocused, It must be bridged arrested and taken to the No. 7
jury and as a basis of this submis somehow or other. I think your Police Station.
sion I would ask your Lordship to¦ Lordship will agree with me that glance at the indictment. The in- you could extract nothing from dictment charges the accused as being an accessory before the fact and the effect of it is that hey the accused, through one Lau Hing, that in Ah, Lau, did counsel and procure various people to commit the murder. To put it in other words the necased employed Inu to act as his agent for the purpose of arranging this murder. That is the effect and meaning of the indict ment.
Marks On Tunic.
Mr. Whyte Smith remarked that it should be mentioned at this stage that during the struggle the prison en_fized_two shots,-and-whinx.he was running away the officer fired one ahob at the fugitive.
Later when Sub-Inspector O'Con nor was making investigations into the caso, be requested to be shown the officer's uniform and it was then that marks were found on the tuni. These marks were examin ed by the Police armourer and he would say that from experiments which he carried out, those marks were consistent with the theory that they had been caused by a revolver being fired while practically touch
ing the tunic.
After evidence had boon taken the jury retired and when they return. ed the foreman said:-
My submission will be there is literally no evidenco, which your Lordship could leave to the jury and direct the jury that they would he, entitled to find as a fact that the accused employed Lau King in any capacity whatever in connec tion with this murder."
Mr. Potter then proceeded to cite authorities to show that there must be evidence of some netive proce- dure on the part of the accused.
"We are in doubt as to whether the prisoner fired the shots," and Mr. Potter said that in the present added that they found the defen-case there was no evidence that the dant not guilty.
nereused arranged with Lau that the latter would procure persons who would commit, the murder.
The prisher pleaded guilty to 2 second charge of burglary and Iarceny and was sentenced to one
year's imprisonment with hard
labour.
A nolle prosequi was cutered by the Crown on an alternative charge of shopbreaking and larceny,
6. Na
!..
MAINTENANCE CASE
HUSBAND'S APPEAL FOR
REDUCTION GRANTED.
After quoting several more casEA
Tani and his associates to bridgo that gap. They are forced to go to Zimmern and Christie.
--
"No Connection."
ADMIRALTY FLEET
F
ORDERS.
1
TRAINING CRUISER FOR
NAVAL CADETS.
against Cheng on the ground that he had been besten up by a gang and the evidence was that the gang had been engaged by Lau, Cheng's chauffeur, that there was no evi dence to make Cheng liable for his! servant's act," said Mr. Potter. "I submit that there is no ease to go before the jury, that it is clear that
It has been decided that Naval the only place where you can look | Cadets are in future to be given for that evidence is Zimmern and training in sea-going, cruiser Christie and that there is a gap specially provided for that purpose. between Taui and the acoused and 2. In order to bring this scheme I submit that if you read their into effect, the following arrange- statements from beginning to end ments have been approved :- you will not find sufficient evidence to bridge the gap,"
Answering a question from the Chief Justice, Mr. Potter reminded the Court that the evidence to bridge the gap must be such evi- dence that the jury must be satis- fied that not only was it consistent with the prisoner having done the act, but also that it would be in- consistent with any other explana- tion.
Orown's Reply.
Mr. Sheldon, addressing his Lordship in reply to Mr. Potter. said: "If my learned friend is right it would be a most remark- able conclusion. Anybody can hire an assassin to do his cowardly and cruel work for him and if neither
assassin nor the prisoner gives evi dence, he will not be convicted of the crime:"
Mr. Sheldon said that if the de-
ferice was right there was absolutėly no evidence and a conviction was impossible. Mr. Sheldon went en! to say that in murder cases there was always a gap. He said that be cause aio one had seen the shot fired or the poison applied, it did not mean that a conviction was im- possible. He quoted the canes of Seddon, Smith, and Armstrong.
His Lordship pointed out that in the ordinary case there was a gap which could be bridged by the in- Fevitable inference. The point that Mr. Potter pointed out that the had been raised was that there was original case against the accused a gap which could not be bridged 'was based on the evidence of Zim-by the Tsui evidence. men and Christie. The fact that Mr. Sheldon said that the hypor the Crown had found Tsui, who dermic syringe bought on the in- says he was there and that Ah Laustruction of the accused was found had something to do with it, did on the promises. not make the Crown case one job!
stronger. The Crown was, then forced once more to the evidence of Zimmern and Christic.
"Zimmern and
(1) H.M.S. "Frobisher " to bo altered for servico as a cadets' training ship, to accumino- plato 100 cadets. (ii) H.M.S. "Frobisher " to' tako
2 terms of Dartmouth cadets, after their Dartmouth course, and all cadets now trained in H.M.S. "Erebus," and to Carry out tree cruisers a year, changing cadets as nee ensary every four months. (iii) The alterations to the "Fro-
bisher" to be carried out at Portsmouth, but the ship, when commissioned for sor. vice, to be based on Devon- port
(ix) H.M.S." Forces" and H.M.S.
"Carstaira" to be paid off, and H.M.S. "Erebus" to be berthed in the basin at Do- vonport and used only as a turret drill ship, with a mini- mum complement. Arrange ments for flying the flag of the Commander-in-Chief, Ply- mouth, will be promulgated later, H.M.S. "Concord " (Signal School Cruiser) also to be paid off. (v) The
complement of the "Frobisher" to be kept as low as possible, one of the ob jects of the scheme being that the cadets should do much of the work of the ship. (vi) The alterations to the
Fro- bishor" to be carried out this year and the ship put into service as soon as ready.
3. Orders for tho relief of the "Frobisher" as Flagship of the Vice Admiral Commanding, Roserve Fleet, have been issued separately, Mr. Potter pointed out that there and instructions as to the other was no evidence that the syringe action to be taken will be issued in on the premises was the same syringe that had been bought. In fact, he said there was evidence that' the box was different!
Christie's evi- denco," said Mr. Potter. "is evidence of motive and nothing Mr. Sheldon contended that there else. Unless they caa extract was evidence of motive, prepara ovidence from: Zimmern
and tion, instruments of murder and a Christie as to what took place from will to murder. the evening of March 91 down, there is no evidence at all. There is not a single word in that evi
There
due course.
WAH YAN COLLEGE.
TRANSFERENCE TO JESUIT
FATHERS.
With regard to a small paragraph under" Local and General," ap- pearing in yesterday's issue, in re- Bard to the Wah Yan College, we are informed by Mr. Peter Tsui, the present Principal, that there is no question of selling the school to the Jesuit Fathers.
Mr. Potter's Protest,
Replying Mr. Potter said: My dence of even Zimmern and Chris-learned friend was not mentioned tie to bridge the gap.”
the one point which I argued the In the evidence of Zummern and question of the agency of Lau. All Christie there is only one refer those cases of Seddon, Smith and ence to a chauffeur, and that is, on Armstrong ware direct cases. in support of his argument. Mr. the way to the ferry on the morn-is one point which I protest against
Mr. Taui in retiring from school Potter said: "I shall venture tong of the 21st, the accused is alleg new. The Crown has made no put to you that if this were a civile to have said to Christic, and for effort to locate some part of the life at the end of the year and has case and the question of agency
the purpose of this argument, I as evidence which would give rise to tinuance of the College by its trans- made arrangements for the con-
was raised it would be impossible tsume that he did say it, that "I the inference that Lau is our agent.ference to the Jesuit Fathers, The have got a faithful chauffeur under The essential point which the Crown an obligation to me.. He will drive has to prove by way of evidence College will continue under the
direction of Mr. Tsui to the end of you away after you have committed is that Lau was the authorised
the year. In September, however, the murder,"
How that can be agent of acoused. The Seddon, evidence that this man Lau had Smith,
one wing of the boarding depart ment will be set aside for five mem- been procured by the accused to
bors of the Order, arrange for the committal of a mur der by Tsui and his associates, I cannot see! I submit there is no
to find that Lán was our agent.”
Two Categories,
After dealing at Bome length
with the authorities and cases Mr. Potter said: "The Crown has chosen to divide witaosses in this ense into two categories. One is the "Tsui witnesses and the
Continuing his argument, Mr. Potter said: If you have nothing more than the Zimmern and Chris- tie evidence this case would not last more than 30 seconds after the cane for this Crown is closed. Your Lordship would say at once that there is no case. Now, try Lord,
prove
and Armstrong Vases are not analogies at all. Therefore if your Lordship cannot
The College buildings will re- that the Zimmern and mail, as they have always been, Christie evidence affords evidence of the property of the Catholic Mis agency, there isɛno case to answer. sion, under Bishop Valtorta. They With regard to the instrument of will continue to be rented from murder, a term used iry the Crown, the Mission by the Jesuits, as they I protest against such a statement. are at present rented by Mr. Taui. The evidence of the syringes is that At the end of December Fr. R. it was a different one altogether. Gallagher B.J., Ph.D. becomes The Chief Justice: I see nothing Headmaster, the legal Correspon- in it. .....
deas being Fr. G. Byrne, Procura- Mr. Potter: No more,do I. With tor of the Order in Hong Kong. It regard to preparation, motive and is understood that, with a few ex- will to murder, I will assume all ecpticus of Masters who have al- these points. The point is whare is ready severed connexion with the
The case in which Mohammed other is the "Zimmern and Chris-connection between the two. Farid sought a reduction, in a pretio witnesses," vious award made by Mr. W. Scho- "That Tevi and his friends give field, of maintenance of $12 a week, no evidence of agency is obvious, to his wife, was brought to a con- Their evidence is merely this; that clusion at Central Magistracy yes- Ah Lau took part in this affair. terday when decision was glyen in The name of the accused is not favour of the appellant.
mentioned from beginning to end. Mr. B. A. Wadeson, of Messrs. They don't know him as far as the Deacon's, appeared for the appol evidence goes, they have never heard lant, while Mrs. Farid-was-repré- of him. In other words, if a man zan be convicted on Taui's evidence sented by Mr. D. L. Strellett, of we should be all in the unhappy Mesars. Geo. K. Hall Brutton & position of being convicted of mur Co.
der if we hired a chauffour. That is literally the effect of Taui's bvi- After evidence had been taken dence. It does not bring the accus Can't Bridge the Usp. Mr Potter pointed out that if nothing. It did not bridge the gap. from both aides, Mr. Schofield saided into the picture in any shape-
-it-wero-truo-the-other day-that- After his Lordship had held that he had considered the matter very or form. Then there is nothing in Mr. Potter, in the course of fur- Zimmern and Christia were called there was a case to go to the jury
ther submission emphasized that the to prove motive, what becams of and had pointed out that the argu carefully and thought it would be the Zimmer and Christie
The Chief Justice: Thero is cer.
evidence of Zimmern and Christie the case? Now it was suggested ment had been conducted on the quíto fair if he made an order fortainly a distinct gap between the Was no evidence that Lau was the that their evidence proved even asumption that the evidence was the maintenance to be reduced to Trui evidence and the accused. authorised agent of the accused agency. He reminded, the Court true and was to be belloved, Mr. There is one fact, which of course is The statement that there ware men that in the previous legal argument Sheldoox asked if he might be told 228 per month.
proved and admitted that the ac shadowing Fung and the reference regarding the admisibility of the lines on which the defence was There was some discussion regard-cused did lose this lady and she to "lotus seeds" and the like, did Zimmern and Christie's evidenco it going to proceed. today. Mr. Pot- "ing the question of costs but the weat to live with the deceased, not in any way conneet Lau with was not argued that that avidence ter indicated that he would call no
That is a fact. The probability in the accused. submit that if proved agonoy. The Crown had evidence that anyone to whom that happen. I this was a civil case in which an then said that it was for motive. The case will be resumed at 12 ed would naturally feel a resent action had been brought by a mantinued at foot of news column.) a.m. to-day..
I say you are in exactly the sine the evidence to bridge this gap1 school, the present very efficient position unless from the Zimmern The only way to bridge that gap staff of Chinese Masters will be And Christio-ovidence you can ex- is to have evidence from which the retained.. tract evidence that it is reasonable jury would find that Lau was. the that Lau must have been procured agent procured by accused to com- on February 23 to get hold of Tuimit this murder. It is for the to comanit the murder,
Crown to establish this point and Mr. Potter said that motive was they have failed to do so..
Magistrate eventually decided that each party bear its own share.
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