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JUNK THAT ATTACKED WITH DYNAMITE BOMBS ?
WITH MANSLAUGHTER
Firat Shot Fired."."
CURIOUS SIDELIGHTS ON THE CUSTOMS thought it was dynamite, and also
SERVICE
The trial of Mark William Hallums, a Chinese Maritime Cus."" toms officer, for the manslaughter of a three-year old 'Chinese girl during an attack on a junk outside Lyeemoon Pass was continued before Mr. Justice Wood, Acting Chief Justice, at the Griminal · Sessions yesterday.
The accused pleaded Not Guilty" and was represented by Mr. H. d. Macnamara, instructed by Mr. W. A. Mackinlay, of Messrs. Deacons. The case for the Crown was conducted by Mr. Fraser, Assistant Attorney General, while Mr. F. G. Nigel held a watching brief on behalf of the Chinese Maritime Customs.
The following jury was empanelled:--Messrs. S. S. Perry (fore. man), J. F. Anderson, L. E. Lammert, J. W. Morris, J. P. Rereira, O. P. Remedios and Mr. G. U. da Roza
THE ACCUSED GIVES EVIDENCE
Witness Recalled,"
Lieut.-Comdr. F. T. Boswell, inspector of Naval ordinance on the China Station, who had given evidence on the previous day, was re-called. He stated that since the he had re-examined the Customs launch. He had measured the dis tance approximately at which a shot fired from the gun and causing any of the damage at the top of the metal plate would have struck the water, but that distance could only apply to the conditions prevailing at the time. If the launch was not on an even keel the shot would have fallen either closer to the vessel or much further away. The distance with the keel was between 180 and 250 yards. Shots fired through the nearest hole would strike the water at a distance of 90 feet.
Mr. Fraser: Would the movement of the vessel affect the distance?
Witness: Considerably. How-If the ship rolled to the starboard side it would go into the water close to the launch and if it rolled to port it would go up into the air.
In reply to Mr. Macnamara, wit ness said it was possible that if the shells hit the plate, they might not strike the water at all but burst in
the air.
¿
Second Officer's Evidence, Robert Boyle, second officer of the Customs launch was then called, He stated that when the gig was lowered the junk was forty or fifty yards away going north. He was in charge of the gig and when near the junk, he heard, the splintering of wood. None of the launch's crew were armed.
His Lordship: There is évidence from the magistraty that you saw amoke from the gun. Did you see any smoke Yes.
".
Did you hear a report Yes. Two as a matter of fact. wear out
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Mr. Macnamera: When you left the launch that morning in the gig I think you were given some orders 1 -Yes. I was told to lower the gig and get near enough to the junk so that it would be possible for one of the junk's crew to either jump into the water or into the gig.
Did you notice anything in con. nection with the junk as you came back?-Yes. I saw what appeared to be a number of black bags drop. ped over the side. We were on the port side of the junk and the ob jects were dropped over starboard side.
Re-examined by Mr. Fraser, wit ness said he was not sure if the articles saak or floated. He drew accused's attention to the matter at the time. f
His Lordship: Did Mr. Hallums tell you what had happened-Wit- nos: Yes. He said that when he got near the junk bomba were thrown at him.:
Did he say anything else?~He said he did not want to do any [damage but only to frighten them.
A member of the drew of the launch said that two sticks of dynamite wars thrown at the launch. Two shots were fired at the junk by accused. He loaded the gun, tad S
i
Chinese waters. The launch signal- led to her to stop, but the latter continued her way, and the launch then fired a shot at her. The junk began to throw bombs into the water and on each occasion when the launch tried to appronah her, the threw bombs.
ri
His Lordship: You have no doubt that accused said he fired first and then the dynamite was None, my lord.
While the launch was about 40 to 60 yards from the junk however, the people on board, began to throw things at the launch. Witness
heard "shouts of "ta tà" Witness then fired a shot with the intention. of frightening them. Ha aimed at the water astern of the junk, and not at the junk. The people on board the junk continued to throw missiles, and witness fired another shot after which he ordered the launch to turn away to see if the gig, which was far behind was safe.
My first object in going near the junk was to find out what the junk was, and secondly to safeguard the informers if there were any on board," said witness,
Mr. Macnamara: Have you ever had dynamite or any explosives thrown at you, before I
Witness: Yes, on several occasions in Chinese waters, All near the Kowloon district.
At the time when you fired the shot you had a good many things to inttend to1-Yes. I had to navigate the launch, to stand by the gig, and to prevent any member of the crew from firing direct at the junk.
Did you see either of the sholis explode! I saw a splash from the first shot, but I didn't see the ex- plosion.
Was the sea rough at the time- A little lobby with a fairly strong North Easterly wind.
Continuing, witnera said that thrown after the second shot was fired he proceeded to follow the junk back Detective - Sub-Inspector Rozes-to Hong Kong. On the way, near key, informed the Court that he the Lyeemoon Pass, he saw people found aboard the junk two cannons, on the junk throw bags of gunpow
Witness was basket of shot and a jar conder into the water. taining about 30 pounds of gun then about 100 yards from the junk, powder. In one of the compart and he could not say whether it was ments on the starboard side after guapowder or dynamite. he found traces of congealed blood. This concluded the case for the prosecution.
THE DEFENCE,
After the tilin adjournment, Mr. Macnamara, before putting his client into the witness box, drew the jury's attention to the course of the proceedings taken by the Crown. Evidence for the Crown had been given twice, once at the Coroner's enquiry at which
False Statement.
After he had returned to Hong Kong, witness went with Mr. Boule to the Water Police station where he made a statement to Inspector Lane. The statement was false, and the reason why he did it was be cause he wanted to avoid trouble with his superior. He told the police that the shooting occurred in Chinese waters whereas, in fact it verdict of was in British waters. manslaughter "** was returned Mr. Macnamara: You didn't against his client, nad once at the know at the time that a child had Central Magistracy. Under these been killed -No. circurastances, he said, the defence had been greatly hampered, both financially and otherwise. What the Crown should have done was to begin criminal proceedings againet his client, immediately after the Coroner's inquest. He wished the jury to realise that this was criminal trial-a trial based on facts and nothing to do with the inquest at which his client was not legally represented.
Mr. Macnamara concluded by saying that the shooting was due to an accident, caused through an act of self-defence.
Accused's Evidence.
The accused then gave evidence. He-stated that he was no longer in the
Chinese Maritime Customs owing to this accident. He had been in the Navy for nine years and joined the Chinese Maritime Cus
Witness added that he would not
fire at a junk even if she was in Chinese waters without first warn- ing her.
Cross-examined by Mr, Fraser, witness said that he intended to aproceed to Chinese waters after he
had inspected the junk.
The junk throw dynamite into the water before he fired at her.
Mr. Fraser What would happen to the junk if you found her, snug- gling in Chinese waters i
Witness: She would be handed over to the Customs authorities.
What is your pay 1—With allow; auce about 8600 a month.
Do you get any bonus I get s percentage from the seizures.
Witness denied that the bonus was given with a view to induce him to be efficient in capturing smuggling junks,
toms in 1920. He had been com-
Further questioned, witness said inended on several occasions by the Commissioner, and when he left the that a bag containing gunpowder was thrown from the junk onto the Navy he was given a very good launch. He asked a member of the and superior" testimonial. H had on numerous occasions met withw to pick it up and throw it into armed resistance in Chinese waters the sea. The bag was not lit.
On the morning of the shootrcation this before, withess said: he Asked as to why he did not mea he received certain information from the Customs office that a ni had told Mr. Mackinlay about it ber of junks were suspected of smuggling. He was ordered to patrol Wagland and the Lima Islands. He was also informed by two informers that the junk con serhed in the shooting was suspect ed of smuggling a cargo of sugar from Hong Kong to Kuktze, about 60 miles up the coast....
Accordingly he took the launch from Wanchai, and when outside Lycemoon Pay he saw, the junk sailing east. The junk was then about 300 yards away, and when she sighted the launch she altered course nnd went into Junk Bay The junk acted in a suspicious manner and witness ordered, the launch, to
Cross-examined, witness sald the dynamite, was thrown at the launch | follow her. before the shots were fired: 4
Junks and Customs Launches.
Witness went on to ray that junks had been known to attack Customs the junk by throwing the bombs at launches and added "I presume tacked us with a view to prevent us
from getting near."
It would be impossible for, wit ness to attack any junk in British waters as it was unlawful, fre
What would you have done if you had disabled the junk I would tow her to Hong Kong.
Are you sure it was not your intention to disable the junk and tow her to Chimp -No.
Mr. Fraser-hos-referred to the In reply to Mr. Macnamara; wit statement which the accused said Mr. Macnamara: How did you ness and that the reason why he was Lulse. He quoted passage by ordered the launch to follow the parage and naked the jocused if
know it was dynamite ? Witness
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Because I saw someone on, the junk junk was because he wanted to porque of it was currect. The socused WEDNESDAY, 31st May, 1933
light a fuse before throwing it.
Did the dynamite explode f---Yes after it was in the water."
whether she was one of the junks suspected of smuggling. He intend ed to lower a gig to approach the His Lordship: Was the gun load-junk to see if there was any in ed before the dynamite was thrown? former on board, because usually the informers were members of Several seamen from the junk then gave evidence to the effect that crew of junks which took to us
gling, and if the crew knew that
No.
replied in the affirmative.
Re-examined by Mr. Macnamara, witness said that he had told Mr. Mackinlay that a bag of gunpowder was thrown onto the launch The renson, why it was not mentioned before was probably dan to the Tact
no dynamite was thrown at the one of their members had betrayed that Mr. Mackinlay might have
launch
Accused's Statement.
them they would murder him. The omitted it.
Junk appeared to him to. bis a Mr. Macnamart: You have been typical smuggler, and when the a sailor in His Majesty's Govern- Divisional Inspector Lane, who launch approached her, witnessinent for nine years and you have mceived Rogused's statement at the ordered a gig to be lowered with been a Customs officer for 13 years, Walet Polles Station said that on Mr. Boule in charge, with the in- do you think on the morning of quastles Bocubed and Mstructions to pick up anyone who April 1 at about eight o'clock that the station and made might jump from the junk, pak, Four launch was in serious danger to the shoot that they hard
had instructions from the from this junk-Yes.
rading
The case
i
then adjourned until
5.15 P.M. SHARP.
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