J
LEGAL ARGUMENT. IN FUNG MURDER
CASE.
ADMISSIBILITY OF ZIMMERN AND CHRISTIE EVIDENCE BEING THRASHED OUT.
QUESTION OF WHETHER LAU WAS CHENO'S
AUTHORISED AGENT,
The Full Court sat yesterday to consider the legal argumenta in connection with the Fung Murder case. Mr. Eldon, Potter, leading Counsel for the defence, addressed, the Court all day and in the course of his address agreed with the summing up of the Chief Justice wherein it was stated that the agency of Lau förmed the kór of the whole trial. He contended that the "Tsui evidence" did not prove that Lau was Cheng's agent and that the evidence of Zimmern and Christie did not assist the Crown in proving the agency of Lau.
Mr. Sheldon's address to the jury was criticised by the defence and the Chief Justice's summing up was also one of the points raised by Mr. Poster
POINT ABOUT “BRIDGING THE GAP."
Mr. Potter opened his argument, ing round the town purchasing in by dealing first with the Crown instruments of poison and taking dictment. You will appreciate,” legal advice as to the position of he anid, "that the indictment one of his accomplices, and the charges the accused with being an ovídence of his practising with the accessory before the fact, that is poison and his demand, for a new to say, that Lau neted as his agerit syringe because he had broken one, for the purpose of committing this was obviously evidence of the kind murder."
that at once had upon the mind of the layman, whether he accepted the evidence or not, a prejudicial effect.
Mr. Potter quoted briefly from Halsbury to support his contention
established.
Wrong In Law,
that neused was not an accessory before the fact, or, in other words, that the agency of Lau had not been i It was perfectly plain, from the Crown's opening of the case in the "As the trial judgo put it in Police Court, that before they had his summing up, the agency of Lau secured the new evidence in June, is the kernel of the whole case," they were prepared to ask the said Mr. Potter," and my submis-magistrate to commit Cheng for sion will be that the evideniec relied trial on a charge of murder purely upon by the Crown for the purpose on the evidence of Zimmern and of proving that fact, not only did Christic. Their case was that upon not prove it, but was inadmissible the evidence of Zimmern and Chris. tie, the man must be guilty of mur- der, and that, M. Potter submit. ted, was wholly wrong
evidence.”
Taw.
Proceeding, Mr. Potter said the plot to murder Fung had been con-
In other words, added counsel; it cocted between Lau and Tsui long before Zimmern and Christio were meant that because a man had com thought of. He related the inci-mitted one crime, then ho must be dents which surrounded the es- guilty of another. gagement of Wong, the and declared that a completo, coher ent and self-contained story of the murder of Fung by Taui and his accomplices had been put before the
jury.
Gap in Evidence.
gunman
HONG KONG DAILY PRESS. TUESDAY, AUGUST 30, · 1932.
THOSE SIBERIAN MAILS.
H.K.F.A. COUNCIL MEETING.
TABLET FOR THE CATHEDRAL.
HOLD UP SINCE DESPATCH NEW OFFICERS ELECTED;
ON JULY 18.
Enquiries have elicited the in- formation that the last mail to get here from London, via Siberia, was, despatched on July 18. Since the arrival here of this mail at the begiming of August, no further London mail has been received,
In answer to cabled enquiries from Hong Kong with regard to the despatch of subsequent mails, information has been received from London to the effect that all mails have been sent out as usual since
that date.
1
It is now learned from Tokyo, that the accumulated European mails at Monchuli are being divert- ed to Tauruga, where they were expected to arrive on August 28, As Tauruga is only about a six-hour journey from Kobe, these overduo ranils should arrive in about a week's time from that date, prob ably September 2
It is further learned that the last mail received in London from Hong Kong was the one despatched on July 18..
No fear is felt for the ultimate, safe arrival of all overduo mail. The danger of misadventure in the form of flood damage or destruction by anndits is considered to be ra- mote, but until the bags arrive on September 2, the extent of the mail and the fate of overdue consign- ments of mails will not be known,
to this vital point, without reserva tion of any kind.
Before the adjournment, Mr. Potter assured the Court that none of his remarks about counsel for the Crown were offered in a personal spirit. His criticism had heon as impersonal as oriticism could be.
Mr. Sheldon assured Mr. Potter that none of his remarks had been accepted as personal,
“A” and “B,”
He objected to the mauner in which the Crown had used the evidence in a general way, and there und bien no suggestion that it
Mr. Petter said, in the course of should be used other than generally. his arguments in the morning, that Mr. Potter then dealt with the the Crown case was as follows:- Crown's summing up of the cass..There are two separate and dia- He said that the effect of using the tinct plots to murder Fung. Ons Crown evidence in such a way was was to be carried out by persona to suggot to the jury:-" Look at whom I will call "A," and the the man you have to deal with. All other by persons whom I will call
The only element missing in the Crown case," continued Mr. Potter, "is that there is no evidence to connect the accused with that shooting or with Tau's plot, or to prove that Lau in any way poted as his agout. The story
drawn by Mr. Sheldon of the in- itself. There is evidence to con- is complete and self-contained..
"When you come
to Zimmern nocent Fung being shot down in nect the accused with "B" and so and Christie, you have another the street, the visits to the solici the Crown claims that the accused, complete story and each story has tora, if accepted by the jury must being connected with "B," could be fairly inferred to have been also reference to different crimes. It lead them to only one conclusion, connected with "A." is a clear, case of the Crown that the ma was guilty for the establishing by evidence of the procuring of Lau as his agent,
That is what the Crown had commission of one crime, that theplaced before the jury, when Mr. accused must have committed the
made his summing-up Sheldon other."
speech, contended Mr. Potter.
the arrangements for the purchase B." There is no evidence to con- of poison, and syringes with Zimnect the accused with "A" if you meri and Christie, the picture look at the evidence of "A" by
The Crown had to establish one thing, and one thing only, added Mr. Potter. That was the agency of Lau. If they could catablish that, the case was complete, and he could offer no defence. Thare would be no need for a lot of evidence about motive. Everything else would go by the board once agency was established.
No Reservations.
1.
Mr. Potter went on to say that such a stand clamoured for legal justification.
In the afternoon he quoted many cases to show that the evidence of
admitted for the purpose of estab Zimmern and Christis could not be
fishing that Lau was the agent of Cheng.
Mn Potter spoke for two and a two hours in the afternoon. quarter hours in the morning and
doinciderces.
TWO NEW CLUBS.
LIST OF SENIOR CHAPLAINS.
The interior beauty of Et. John's The chief business at the meeting | Cathedral is to be enhanced short- of the Hong Kong Football Club | ly, when a tablet listing the names Council which was held yosterday of all the senior Chaplains connect: evening was the election of mered with the Cathedral since ite bera to the several committocs.
Major C. M. Manners, O.B.E., acted as chairman, and requcated that, as this was his first meeting, the members present assist him as much as possible, p
After the adoption of the minutes of the previous meeting and coptance of the Trédaurer's report, the election of officers was 'pro- ceeded with. 2. 30 met
The members of the following committees will be:
Appeals Board:-President, Mr. R. M. Dyer; Vice-Presidents;. The Hon. Mr. R. H. Kotowall, C.M.G., LL.D.; Mr. M. K. Lo
Emergency Committee;-Mr. H. M. McTavish, Mr. Y. K. Mok, Mr. G. S. Logan.
Referees' Committee:-Mr. G. T.. May, Mr. F. H. Barnes, Capt, G. C. Cooper.
League Management Committee: Mr. G. T. May, Mr. A. Goldenberg, Mr. Mok Hing. Capt. Fleetwood, Capt. C. E. E. Haywood.
It was unanimously agreed that Mesars, Percy Smith, Seth and Fleming be re-appointed treasurers.
Applications for Be-affiliation. Applications from five clubs an plying for re-affiliation were denit with, all of which were received, The Clubs were:-
inception, will be hung in a pro- minent positon, The tablet, at present being made, is the gift of the Rev. J. H. T. Holman, O.B.E., Chaplain to the British Legation at Peiping, and as a record will be. of considerable interest, increased by the donor's connection with the Cathedral,
The Rev. J. H. T. Holman was appointed. assistant Chaplain here in November, 1920, and was Pricat in Charge during 1921 during the absence from the Colony of tho Rev. H. Copley Mogle. At the latter end of 1923 Mr. Holman left Hong Kong to take the post in the Legation at Peiping.
Another gift to the Cathedral, alto recently made,, is that of a sum of money donated by Capt. Houghton of the Merchant Ser- vice. The amount dofrays the cost of supplying the Cathedral with a hundred new hymn books. Tho books in question have been on order for some time and should arrive here carly next month.
WEDDING BELLS.
PRETTY WEDDING. AT
KOWLOON.
Ewo Athletic Association. Royal Army Service Corps.
At Kowloon Union Church .00 Royal Corps Signallers.
Saturday afternoon, Mr. Edwin Taikoo Chinese Club.
John Speirs, son of Mr. and Mrs. Police Recreation Club
E. Speirs, of Coagh, Tyrone, Nor (The latter, if they are able to thern Ireland, was married to Miss put a toam into the field), M. & M.
New Clubs.
Applications had also been re ceived from two new Clube desir. ing affiliation, and after being formally put to the meeting both applications were accepted. The Clube wore:-
The Blue Diamond Football Club, The Lincoln Regiment.
It was suggested by the Chair- man that, owing to special circum had not already entered the League stances, all affiliated Clubs who
be permitted to do so up till December 10. This was unanimous ly agreed to.
Turnstils for Ground.
A proposal that a turnstile bo installed at the entrance to the Hong Kong Football ground met with general approval. The cost, including installation,' will be $400,
GANG LEADER.
SMART SENTENCE ON RECEIVER.
Two
Dorothy Emily Heron, younger daughter, of Mr. A. W. Horon, of the Kowloon Wharf and. Godowii Co. Ltd., and the late Mrs. · F. Heron; and the grand daughter of Mr. John Lambert, lata Lloyds' Surveyor of Hong Kong.
The Rev. E: L. Allen conducted the service while Mrs. Frank Short played appropriate music at the organ.
The bride, who was given away A gown. of by her father, wore broidered net veil and a coronet of white satin charmeuse, an em
orange blossom. Har bouquet was
of Honolulu creoper and maiden- hair fern, Miss Kathleen Heron, sister, attended as bridesmaid and wore a champagne satin dress set off with hat and shoes of blue. She oarries a posy of Honolulu creeper. The Matron of Honour, Mrs. W: Tilleroy, was attired in a gown of blue French lace and a fawn pic turs hat and shoes to match. She carried a bouquet of gladioli."
Mr. H. Evan Lewis discharged the duties of best man...
Subsequent to the ceremony at the Church a reception was held at Knutsford Hotel, the couple later leaving for Macag for their honey. moon. The bride's going away
Chinese were yesterday sions, Mr. Potter dealt with a point fore Mr. Schofield, with stealing In the course of his legal submis charged at Central Magistracy, be of coincidence raised by the Chief three motor pumps with the intent told the court of two remarkable Justice. Mr. Potter said one could to sell samd to Tam Sing, 2, dealer dress was an ensemble of green and not speculate on coincidence. He cases of coincidences,
In the first case, a servant girl
also charged with receiving part of in electrical goods. Tam Sing was beige. the stolen property.
The
C.P.R. OFFER.
DE LUXE EXCURSION TO MANILA.
In Name of Community. Mr. Potter attacked the last para- graphs of Mr. Sheldon's address to the jury in which he had urged them to return a verdict of guilty in the name of the community."
friend has from the community,
I don't know what mandate my
he said and added that the effect of such a speech would only add to
was hanged for murder. It was Detective Kennedy, in charge of the prejudice created against the shown that at the time of the mur: the case, said that, acting on in- Reverting to Zimmern and Chris- tie, Mr. Potter said the whole of prisoner. by the admission of evi der she was alone with her mistress formation received, a detective their evidence was thrown beforedence concerning syringes, etc. in the house. There was no por arrested the first defendant in the jury without reservation of any
On Mr. Sheldon's address to the sibility of anyone having entered Hennessy Road, carrying a bundle kind, and the jury were invited to jury, and; on
on further examination the Chief Justice's the house, but the real murderer which say that if they believed he had summing up, continued Mr. Potter, was discovered and it was shown proved to be a motor pump. done what Zimmern and Christie the jury must, naturally assume that he had gained entry into the man then took the police to his had said he had done, they could they were entitled to bridge the house by a plank placed at a win-home where he disclosed a second
gap between accused and Lau by dow from a house across the road! pump. lying under. His bed. infer he was Lau's principal.
taking into consideration, the ..., avi- The second case of coincidence The second defendant was later "Boiled down, the Crown case is dence of Zimmern and Christie, cited by Mr. Potter concerned an that because the accused procured Mr. Fottor said he approached Zimmern and Christie, he must the Chief Justice's summing up with have been the man who procured greatest diffidence. Lau," said Mr. Fottor.
My impression of the summing Mr. Potter then told the story of up," said Mr. Potter, was that the Zimmern and Christie evidence the trial judge was sympathetic one hand and a blood-stained knife The officer estimated the value of from the time of the dinner at the towards the prisoner, because he in the other. He was in a nervous the stolen goods at a round figure Yee Fong Chan Restaurant to the was fully cognisant of the tremen condition, He was convicted and of $300. He added that there had dous attack which had been made hanged, yet it was shown later that been an epidemic of motor pump on the credibility of Zimmern and he did not murder the man. He stealing during the last three years Christie an attack which required bad been anticipated by another Tam Bing had a previous charge the most serious consideration, an murderer. The blood stained knife on his record, that of "giving, falso attnok likely to be successful. That was accounted for by the fact that evidence five years ago. Mr. Potter said that it needed no was the whole tenor of the summing he came upon the body of the man fined 8000 argument of his to satisfy thoir
ghgh whom he had intended to murder, Mr. Schofield- sentenced the frat Lordships that, they could conceive Mr Potter contended, however, and in his excitement, had dropped defendant to six weeks hard labour Mr. Schofield said; You seem to of no evidence more likely to pre that the trial judge was wrong in the knife on to the blood and had on each of the three charges-sen- be an organiser of crime, a lender judice a man in the eyes of the jury adopting the Crown case on the picked it up against
tences to run consecutively. The of a gang of thieves and a receiver than evidence of the clam put in by agency of Lau. He had left the Mr. Potter contended that, the second man was, sentenced to, seven of stolen property. You deserve a Zimmern and Christie.
whole evidence of Zimmern and question of coincidence was apcould weeks' hard labour on each charge very savere sentence more especial- Evidence that the accused was Christic to the jury-leb them con- tion, which the law did not allow. In imposing a sentence of six ly for leading on the first defen supposed to have suggested the "sider the whole evidence in relation To legal argument will be con- months hard labour on Tam Sing, dant, a man of only 18 years of murder by poison and by gun; go- (Continued on next Jolumn.) tinued. at:10/4.m. to-day.
Wontinued of foot of next columa,)||age."
visit to the solicitors..
It is another complete history of another criminal offence," he "said.
up."
inn-keeper named Jonathan Brad ford. In this case Bradford went into the room of a man to murder him. He was found, over the dead body of the man, with a lantern in
arrested. Beth were acting under the instructions of Tam Sing, who had already received and sold on pump to the Sai Yoo Electric Shop, for 622. This pump was retrieved and Tam Sing was later arrested...
He was
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