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LEGAL SIDE OF FUNG MURDER TRIAL.
POINTS RAISED
ZIMMERN AND ANTE; ADMISSIBILITY OF
EVIDENCE QUESTION,
SHOULD THE CASE HAVE GONE TO THE JURY?
The admissibility of the evidence of Zimmern and Christier in the case in which Cheng Kwok Yan: was found guilty of procur ing the murder of George Fang, was challenged by the defence yesterday when Mr. Eldon Potter, leading counsel for the defence, submitted a sorics of legal points which he 'intends to thrash out in connection with the conduct of the case,
The Chief Justice, Sir Joseph Kemp, gave his consent to the reserving of all the points raised by Mr. Potter. These points will be dealt with by the Full Court on Monday afternoon.
The points reserved come mainly under two headings, viz., the inadmissibility of the evidence of Zimmern and Christie and the point as to whether or not the case should have gone to the jury at all.
ANXIOUS CROWD THRONG THE COURT.
The entrances to the Court were early throngsil with people and although fully seven hundred were in the Court room, quite as many waited in the corridors and passages outside to bear the latest develop
HONG KONG DAILY PRESS. FRIDAY, AUGUST 26, 1932.
FORTUNE-TELLING QUACK
WOMAN VICTIMISED.
The caso in which a Chinese
AWARD TO C.D.I.
MR. REYNOLDS GETS SECOND CLASS
POLICE MEDAL.
MURDEROUS ATTACK.
PIG BREEDER STABBED,
named Ho Tit Yim was charged RECENT MURDER RECALLED? La¡ Kwai were charged with
The case in which Yip Kau and
intent to murder, was concluded before Mr. J. A. Fraser. at Kowloon Magistracy yesterday,
with keeping an unregistered tem ple was, concluded before Mr.
For his meritorious work in in Wynne Jones at Central Magistracy. yesterday but before hearing was vestigating the murder of Tsang
Evidence was given yesterday by resumed, Inspector, Shaftain of the Tai Kai at Victoria Gap on Feb. S.C.A., who prosecuted, informed 18 this year, Chief Detective In the complainant after which, the the Court that he was going to spector Alfred Norman Reynolds second defendant was discharged, withdraw the temple charge but has been awarded a second class owing to insufficient ovidence,
It will be remembered that on would proceed with the charge of Police Medal. The award has been fortune-telling.
approved by H.E. the Officer Ad-the evening of July 18, near the ministering the Government, Hon. Chinese Christian Cemetery, Wong Mr. W. T. Southern, C.M.G.
Hau, on his way home with his The efforts of the police were rewife, was struck twice on the hear
a heavy instrument. He warded by the arrest of four mem-with bers of a kidnapping gang. The shouted for help but before assist- first, third and fourth prisoners, ance could arrive he was stabbed Cheung Man, Cheung Sze Sau and beveral times in the stomach. His Cheung Sau Foo were sentenced to assailants then ran away.
Mr. Petar. Sin, solicitor for the defence, then made a lengthy ad dress, touching on the subject of the Vagrancy Act and also the local Ordinances. After this Mr. Wynne Jones said that he was bound to proceed on the fortune telling charge whereupon Inspector Shaf. tain outlined the case.
"This prosecution was originally 2.--That the learned Chief Justice started as the result of an adver was wrong in refusing to withdrawtisement in the Chinese papera," the case from the Jury.
said Ioapr. Shaftain in outlining the case.
Mr. Pottar explained that there were only two main points with five sub-sections to the first.
"Point
Continuing, the officer said that the defendant definitely held him.
death at the Criminal Sessions by The case was adjourned till to- Mr. Justice Wood on May 30, and morrow. were subsequently hanged in Vic- toria Gaol.
The second prisoner, Cheung Ju' Wah, who was defended by Mr. Somerset Fitzroy, formerly Public Prosecutor, was acquitted on the
ment in the case. The crowd filled 1," he said, "will cover everything self out as a fortune-teller and capital charge, but was sentenced
Des Youx Road between the Court and the City Hall while even Statue Square, under the blazing sun, proved welcome enough to the hundreds who had to wait outside
the Court.
and the points following will give addition he gave the public to u your lordship an idea of our Ime derstand that he had the recogul of argument. We have gone out tion of the Tung Wah Hospital. of our way to assist the Crown by Inspr. Shaftain explained to the giving them some indication of the Court that sometime ago, the de lines we shall take. Point ? is abfendant, as a private citizen, made a doxation of 8500 to the hospital and as a mark of appreciation, be was given photo by the hospital and it was this photo that he used in leading the public to believe that he had the hospital's support.
vious."
These
A few minutes before 10 o'clock. Į Cheng Kwok Yau, immaculately The Chief Justice said there was dressed as usual, took his seat in
difficulty in the way the dock. As he entered the dock; there was a smile on his face. He points would be put before the nodded to his counsel, and thor Puisne Judge who had heard none looked straight over their heads at of the argument. It was impos-
sible, "ho shid,"to tie the thing down ** to two or three questiona.
the seat of the Chief Justice.
The passages between the Judge and Mr. Potter he followed with rapt attention and when Mr. Jenkin spoke to him na to whether
he would or would not like to be in Court when the pegal points were being argued, he indicated
that he would not like to be pre
sont,
After the Court had risen, Coun. sel for the defence saw Cheng Kwok You in the library of the Court. The crowds would have rushed the passage leading to the library bat for the fact that several Indian constables kopt order in the pas-
Bago.
Natural Corollary,
Mr. Potter: We are going to assist your Lordship in this way. We intend to make a precis of the evidence which should help the Puisne Judge. in this case. That is the only suggestion I can make..
The Chief Justice:-Would it be possible to hear the argument on Monday 1
Mr. Potter:-Quite suitable,
derstand point (8).
The Chief Justice :-I don't un-
4
with menaces.
CIVIL AVIATION.
A YEAR'S PROGRESS.
18 on a charge of causing to be civil aviation in 1931, issued by the to imprisonment for life on May The report on the progress of received a letter demanding money Air Ministry yesterday (Stationery Office, s. nat), records the expan- C.D.I. Reynolds was appointed a kien and the growing use of Em. Police Constable in February, 1910, bire air services, the increase of rising to the rank of Lanes Sergeant commercial dying and of the work four years lator. He was promoted the steady advance of the flying Sub-Inspector in August, 1021, and and gliding cluba, the year's pro- Inspector in November, za, gress in aircraft development, and Through his zeal and good work, improvements in ground organiza Mr. Reynolds acted as Chief Detion, together with a summary of tective-Inspector on two occasions the situation in the Dominions, between 1927 and 1930, being finally India, and the Colonies, and some Suzetted the rank of C.D.I., on Noveller 10 last year.
"Höry of Her Life. “On August 8, a woman went to the defendant's place at 227, Queen's
Mr. Reynolds is a popular figure Road Central, and told him that he wanted to have her fortune locally, and a prominent member told. The defendant asked her for of the lawn bowls team of the a dollar and after looking at her Police Recreation Club. His many band, he told her that she was in well-wishers will join us in congra considerable danger and if she tulating him on bil, success, 2 wanted to know what the danger |- was, she would have to pay him another 814"
The inspector went on to say that the woman told the defendant QUARANTINED ON that'äbe had no money then but she gave him another dollar and pra mised to return later with the balance. She accordingly came
WEDNESDAY
information concerning important advances in foreign countries,
During the year air mail traffe increased by 20 per cent. The total exports of aircraft, engines, and spare parts were valued at £1,880, 798, and though this was slightly loss than in the two preceding fears, it represented a bigger trade with European countries. There
LUNGSHAN DELAYED Fas no fatal accident on the regu- lar air services, and the total `of $2 accidents in all kinds of civil aviation was one less than in the NIGHT,|previous year. The report includes set of five maps, giving the sir The Cantor steamer Langshan, outes of the world. Two of these, back on the 18th. and gave him $13 was compelled to go into quarna-covering the main trunk routes and The Chief Justice:-I was on whereupon he gave her. bookitine for about half an hour on
British Empire routes, can be have been led to understand that dering whether you meant to ob-which, he said, contained the story Wednesday night, as the result of bought separately at 1s. 6d. probably sentence would be passed! yesterday.
The thousands of people who showed an interest in the case maust
Folate Raised,
The points submitted by Mr. Potter were:-
Mr. Potter:-I submit that is al natural corollary. . . . . .
of her life, year by year, till she was 85 years old.
the death on board of an unknown male Chinese passenger.
The vessel was proceeding through ARGYLLS CONCERT Capaimun Pass at about 10.15 p.m.
ject to the summing up, which you would be entitled to do. However I am not sure that you can do that,
The defendant at this stage was except on a definite point of law.
alleged to have told the won in that Mr. Potter:-We might argue if she wanted to rid herself of all when information was received that that later. With deference, I sub the present danger, she would have the death had occurred. The vessel 1.—(2) That the evidence general-mit your lordship was wrong in to pay him 8180 but if she wanted immediately, cast anchor, and await. ly of the witnesses Zimmern and leaving the whole of this evidence to free herself of all dangers ined the arrival of the medios! off- Christie, as from the time of obto the jury. We contest your last this life, then the fee would he 8000. cor. jection thereto being taken, was act in allowing the evidence of In the witness box the woman. inadmissible
On Tuesday night a concert was', Examination showed that death given by the 3rd Entertainers "- Zimmern and Christie to go to the corroborated Inspector Shaftain's was due to heart failure, and the
EXCELLENT REGIMENTAL
SHOW.
(b) That the learned Chief jury. Of course, your lordship bad story and added that the defendant body was removed by the Water at Shamshuipo. Lieut. Maitland, Juistics was wrong in admitting earlier ruled that it was admissible. told her that there were miny Police.
The Chief Justice:-A possiblo "evil stars overhanging her." She'
any evidence of the said witnesses which tended to establish that the objection to the summing up would went on to confirm the story about accused had been guilty of be that it did not deal sufficiently the fees for ridding her of the pre- criminal act or criminal acts other with the Zimmern-Christie evid-sent dangers as well as the dangers than that covered by the indict- ence.
of this life..
ment.
(e) That the evidence generally
Mr. Potter:-With deferenec, of the said witnesses was not two are going to contend that.
levant to any ique bofore the Court
The Chief Justice-I do not
and was not required to rebut a wish to shut it out, but is it open defence which would otherwise be for discussion i open to the accused.
Plan for Lenience.
A CORRECTION,
Garrison Amusements Officer, or ganised the show, and Mr. C. 8. Beat; Bandmaster, was in charge of the Concert Party and under his very able tuition, the men re hearsed their various parts until perfect. All praise is due to the Bandmaster for his untiring efforts towards making the
SUCCESS.
concert
a
The 93rd jazz musicians, under ·
In our issue of Wednesday, in a report of a case against a man who Mr. Sin then addressed the Court was summoned, for omelty to his in the following terms:"! Your son, we stated that Mr. M. K. Lo Worship, technically the law is for the defence, said: “He had no doubt thought that the Society for Mr. Potter:-I intend to argue able man-ho conviction has been
against me. My client is a respect the Protection of Children had /Cpl. Bayford, discoursed snappy
of the said witnesses was wrongthat is a point of law.
and during the interval. Unfortu fortune-telling is merely a side line would continue to do so, but if the fully admitted and ised for the purpose of proving that the accused hearing the Crown, I will reserve une tellers in Hong Kong but my thought it had better not exist at owing to rain falling late in the The Chief Justice Subject to with him. There are numerous for Society was going to bring cases of nately, part of the second half of such a nature before the Court he the programme had to be omitted on divers dutes between the 23rd all these points. Of course, if the client in the unfortunate one who all. We are asked to say that evening. day of February, 1832, and the 24th Full Court finds some of them must is being charged to be made an ex. Mr. M. K. Lo made no reference, day of March, 1939, (hath dates be shut out, then you cannot be ample of. In view of the fact that Protection of Children, but to the Gillespie, Crawford, and Slater," in whatsoever, to the Society for the The 'stage, was erected by Messrs.. inclusive) in this Colony, through heard on them.
this is the first case of its kind to Anti-Mari-Tsai Society. Hing, did counsel, pro- one tan
the open air outside the old regi- cure and command Chui Yung Sham
mental institute. Except for the and Wong Nam Sheung to do and
rain, everything went off well and Hearing on Monday. commit a certain felony by them)
the 93rd Entertainers" sie to be ebrmitted on the 24th day of
The Chief Justics: The polüts
congratulated on their successful will be reserved, judgment post March 1932, at Wongneichung in
performance: this Colony, that is to say to posed and the prisoner committed to prison. The points reserved will murder Fung Him aliar George
be considered by the Full Court on Pung
(e) The learned Chief Justice Monday next at 10 am- was wrong in putting the evidence. At the request of the Chief Jus generally of the said witnesses to tice, Mr. F. C. Jenkin spoke to the Jury upon the issue as to whe Cheng to ascertain whether the latins the defendant 8100 and bind fire this morning, Thousands of Murray, and Lieute. ther or not the accused did through tor would like to be present pt the him over in the sum of further people gathered on the canal banks Graham, Black the said Lau Hing so counsel pro legal argumont, Cheng indicated to refrain from practising as to witness the rights owne
a fortune teller for a period of one. In spite of zuin it took about "Tha even popular Ronny True was cure and command as aforesaid.
(d) That the evidence generally that it is. Actually, we will say registered against him at all and done a lot of very useful work and dance numbers before the concert
Mr. Potter agresd.
that he did not wish to be present;
be brought before your Worship, I
The mistake.arose owing to a
alip
ask your Worship not to be hard of the pen by our representative at
the Central Magistracy. on my client, and respectfully sub- mit that a caution would meet the' cade.
PETROL BOAT ON FIRE.
THOUSANDS WITNESS BLAZE FROM CANAL BANKS.
* Among those present, which in
cluded half the Battalion at least, and nearly all the married families, were Major. Campbell, Capt. Ander son, Lacut. Neilson, Lieut. McPher
Inspector Sheftain then told the Court that he thought the defendant was no better than a common swindler, who was out to make money, and in view of the fact that. the authorities intended to put a stop to this business, he must ask Bezvadu, July 20-Ellora Canal for a heavy pensity. tagues was in a blaze of light when a boat
Mr. Wynne-Jones said he would carrying 600 tins of patrol caught son, Lieut. Maitland, Ideut, Keith-
year.
three houfs to extinguish the fire, the pianist.
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