GUILTY OF MURDER
NULLAH OUTRAGE CASE ENDS WITH UNANIMOUS VERDICT
Jury
Retires For Ninety
Minutes
After retiring for an hour and a half during which the jüty returned to Court to seek further directions from the Chiết Ng- tice, a verdict of "Guilty" was returned in the case in which Ng Loi yuen was charged with the murder of Michael Pine. The verdict was accompanied by a recommendation for mercy.
Death sentence was passed on the prisoner, who when ask- If he had anything to say,pointed out that he had-an' aged frandmother, an old father, a wife and son in the country who *- were dependent on him. He asked for the mercy of the Court.
Prior to putting on the black cap and passing sentence, his Lordship assured the jury that he would be at great pains to see that their recommandation will be forwarded at once to the proper quarters.
Final Speeches By Counsel
HONG KONG DAILY PRESS, SATURDAY, SEPTEMBER 8, 1934.
....
CORRESPONDENCE
All letters intended for publi ration must be accompanied by the same and address of the writer, not for publication, unless so desired. but as evidence of good faith, ED.]
The Share Market
(To the Editor of "The Hong Kong Dally Press")
to
con-
Dear Sir,-Allow me gratulate you ari your stirring article on the burning question of the decline in share prices, in Hong Kong which appeared in your issue of 6th instant... You
some of
YOUR VIEWS AND
A
A GOOD SUMMER
MINE !
Weekly Column of
Local Gossip
By
The Scout
In coversation the other day with a medical friend, I was told that the Colony has been usually have touched on a subject of out-healthy this summer, and that in standing interest to the whole spite of the record temperatures Colony and which should deserve which occurred from time to time the closest attention of the local this year, the summer has been Government
A part of your exceptionally cool! It was point- article deals with the methods
ed out that 'there has not been used by the local "bears" to bring cholera, or any of those diseases
outbreak of any
dysentry, or the market down to cover their "short" sales, but I am afraid you
which annually visit this part of have hot sufficiently emphasised
the world. It will be recalled the
ways
that two years ago there was a tised by the local "bears." Let me there-
serious outbreak of cholera here fore initiate your readers into
and in Canton, with the result the process of "bearing" adopted
chat iced drinks were looked upon A decides to sell "short" 2,000. in the local market. Say broker
with grave suspicion. In the early shares at
days of Hong Kong, summer time $7 for October.
was exceedingly unhealthy. Ma- No sooner a buyer is found and the
laria, cholera and dysentry took a deal is closed, than he starts to "talk the stock down" by spread that to-day Hong Kong is one of big toll and it is consoling to think
ing all sorts of reports about the doings
the Company and some sort of panic and uneasy generally doing his best to create to be called as a witness, it will to the accused, the Assistant At feeling. As a result,"
stock covers his "short" sale and makes drops say 50 cents our broker say $1,000 at the
Mr. Fraser, in his final address to the jury, said the case for the
Now take his statement to the
Magistrate. After being propery Crown was briefly, that accused
cautioned, he made this state- threw ive children into the nullah, ment: 1 had no money. I there- one of them being Michael Pine, fore attempted suicide.
I have who died later from his injuries. nothing more to say." That its The defence, as far as he under- exactly with the evidence pro- stood it, was that Michael Pine duced by the Crown. was not thrown in.
Refering
"Mary Pine" is !!, and. If she is.
be keeping you waiting for two weeks before she can come here. The case, however, is simple, and
J
to the three
letters
found in a basket said to belong
torney General said: All the Crown would say is that one of these papers was signed by the
the
cost of any-
the few places in the world where the average health of the people is quite good.
COURT DIFFICULTIES
I should "Uke to suggest that some steps be taken to improve the seating arrangements at the Puisne
siderable time attending to the blooms and the Civil Service Club. was in those days well known for Its flowers Incidentally Happy Valley in those days (1912) was quite different from Happy Valley of to-day. Then the Craigen- gower C.C. was's tiny building, the Police Club consisted of à mat- shed, the
Hong Kong Football Club was another matshed. The "biggest," and as I have said, its Civil Service Club was then the garden was the best. So far as the football ground is concerned (Club ground as is generally known to-day) there was one tiny. matshed which was put up each winter, with seating accommoda- tion for a couple of hundred peo- ple. What a tremendous differ- ence to-day!
EIGHT DAYS TO CHINA.
The German aviator who was going to Ay from Berlin to Hong Kong changed his mind at the last moment and few to Canton where he arrived safely on Thurs- day. The flight from Germany to Canton occupied eight days and it seems that the time is not far distant when mall from Europe will reach Hong Kong in 1tle more than a week. When we con-
the seats in the back of the courts of accommodation, but the consider that seventy-five years ago struction of both courts render
'the absence of Mary Pine's evt-accused in one of the names which ching up to $750,000 capital depre- chief Justice's and the dence has not changed one"title accused signed his statement tocation. The position of the Com-
the Police and in one of the names pány has not changed a bit from Judge's Courts. There is no want with which, he answered to the charge in this court. Although these papers were dated the 10th December 1933,
apparently the accused thought it was sufficient- ly important to carry them about with him. If you want a motive there it is.
the case for the Crown. In my presentation of the case for the Crown. I have brought her evi- dence in, and I must now ask you to forget anything. I have said about her evidence.
"A question which you will have to answer is: How did Michael Pine die? Did he die by fallrig into the nullah, by being throw into the
nullah, of by striking something when he was swept down?
What Motivet ̧
"If he was thrown in by the accused, what conceivable motive could he have? That is a ques- tion which you will have to ask yourselves and decide. If the accused did not throw them into the water, how did they get there? There were five children on the. bridge. It was said they were in a bunch on one side of the bridge. intent on throwing stones into the water. How easy to have walked up behind them and thrown one after, the other over.. I put it to you that this was what actually happened. The only reasonable explanation for Ave children e- ing in be nullah is the all Ave had been thrown in at the same time.
:.
It
"I Was Drunk"
the time the broker sold to the time he covered his "short" sale, but, this propaganda work did the trick and our broker friend made should such a thing be allowed? a proft. Now I ask you, why Is it fair to the investor? On the principle of "the greatest good to the greatest number," I think no It may be asked why he should ed in
forward business should be allow have picked upon children rather other words, Keswick's Act should non-existent shares, in than grown up people. A man be revived to protect investors in intent on warder and ini the local stocks. Why is it that there I ame of mind the accused wus would hardly entertain niceties of market at present?
is a lack of interest in the local murder and differentiate between cause people are scared
Simply be- stir. children and grown-ups.
The moment people feel confident Coming to the point of drunken-that the bottom has been touch- Fraser said; It wased and the "bears" have been urged by the defence that this reduced to impotence, by some man was so drunk that he did not process of sterilisation, the public know what he was doing, and a
will Bock into the market again connection was that as soon as he doubt that there is any amount point brought forward in this and business revived. There is no
comes to, his first words are. "If frozen capital lying idle in the want wine.". It is however part of the Crown's case that the accused the defence to show if they can, was sober at the time, It was for
to prove that he was drunk, but there has not been a scrap of evi- dence to support his statement ment "I was drunk,"
ness, Mr.
1.
"There is another issue which I
Mr. Lim's Address... should have mentioned. Arst.
Counsel for the defence, Mr. R. do with a question of C H. Lim then addressed the jury. has; to whether the accused was sane at He said: I am the tline of the murder.
grateful to my No friend for at the very outset re- thinking man in his right senses. one would have supposed, would mental principle
set reminding you of one funda- of British law think of doing a thing like that."
that every man is innacent until A man tried for murder is not he is proved guilty and that the liable to have any other charge onus of proving a person guilty added to the indictment.. It is to satisfy you beyond all reason unfair for me to infer or suggest able doubt les entirely upon the any other charge. The accused Crown, The Crown has to satisfy
vaults of the local Banks, and most of our Companies are doing fearsome," as everybody knows and well but Capital is sensitive and hides itself whenever the danger signal is up but the moment the great factor CONFIDENCE
tá restored; Hong Kong will have a buoyant market and no effort should be spared to bring about the desired end.
I am not a speculator myself but being a resident of Hong Kong, I have invested all my
money
absolutely useless Yor anyone
whenever there is an interesting wanting to follow the proceedings. the Chief Justice's Court,
In
case, the seats between the side entrances and the barrister's table without seating accommodation. are always occupied, while those
prefer to stand rather than sit in the benches behind the dock. The dock appears to be too high and effectively forms a block between the Judge and Counsels and any- one sitting at the back of the Court. A smaller and lower dock might meet this difficulty The frequent injuction to witnesses to speak up... so that
the
Jary
jury might hear what is being said shows that the location at the witness box might be im- proved, and should any altera- tion be taken in hand, this point "might also be considered.
OLD HONG KONG "HAND”
The bassing of Mr. Fred Ho- well recalls to mind that many years ago he was one of the staunchest supporters of the Civil Service Cricket Club. In those days the Club did not boas the stately building it has to day. As a matter of fact, it had Just emerged from the matshed stage into a solid building and Mr. Howell's interest in the Club
heavily like everybody else. It is
locally and have foes lay in its flowers. He spent con- only natural therefore that being a victim of the manipulations of the "bears" referred to in your article, I should lend my support to any movement having in view
INVESTOR.
THE SUMMING UP
In the course of his summing
His Lordship proceeded to warn
│·
ta a
month to send a telegram to Lon- I took twenty-five days
don we can form some pleture of
in. those old days telegrams were what the pioneers in this Colony had to put up with Incidentally
conveyed by ship up to the Suez and then transmitted by sub-
An ordinary letter took three marine cable to its destination.
months to get Home, and it may be interesting to add, the postage then charged on ordinary letters
WAR
about the same as that charged on the air mail to-day.
OUR INTERPORTS
14
Hong Kong has been beaten by Shanghai in the 1934 Interport Bowls contest and the news must prove a great disappointment to our bowlers who were consdent that the strong team selected would enablé Hong Kong to retain the Prentice Cup. The Interport swimming team leaves to-day for Shanghai Hong Kong is sending a strong delegation of swimmers; let us hope that in this branch of sports at least, we should meet with better luck By the time the swimmers return, we should be thinking of sending up a cricke eleven, so that quite a number if Hong Kong's sportsmen will be visiting Shanghai this year. Next year we shall be hosts to the Northern February with the nterport foot- port, beginning in
ball.
"It does not matter what you may be satisfied he did to the other children. You must not say that he treated the other children in a certain way and that therefore he deserves what is coming to him. At the same time, what he did to the other children is not without significance."
His Lordship said that the two main points the jury had to con- sider were (1) whether they were satisfied that Michael Pine died as a result of the accident in the nuliah and (2) whether he died
medical evidence as to the cause Lordship then went over the at the hands of the accused. HIS
of death.
the improvement of the local up. His Lordship said that the is on tial for murder and murder you beyond all reasonable doubt market conditions-Youra, etc., alone. Here
is the statement that the accused was the per-
Jury had been very patient and it which he made in answer to the son who threw Michael Pine into
would be a poor return for them, charge: I was drunk, I was un- the water and so caused his death.
if His Lordship kept them in Court conscious, I had a bruise or two. If there is any doubt at all, the
any longer than was absolutely I will come to the question of benefit of that doubt must be
necessary. "There is of course a drunkenness later, and take Arst
given to the accused. May 7 Questions of motive. What was defirilis duty case, upon me, which the plea of " was unconscious,” gentlemen, remind you also of there to have induced him to
is to suggest to you just where the It has no meaning. It is quite what my friend had stated, in his throw these children into the evidence weighs for or against the obvious it has no meaning at all. summing up. The absence of Mary water. He had no grudge against accused and what the various The only evidence of unconscions. Pine's evidence does not alter the these children or against their points in his favour or against him ness we have is evidence of a man
Crown's case at all, but that you. parents. Those three other child | sre." who was unconscious coming.out are to forget all that has been ren had gone down sometime. be of the tunnel. You have the cri- said about her evidence. In your fore. Mrs. Fairburn says she saw the jury to ignore anything they dence of the accused standing or
deliberations over the verdict accused throw the other two child- moving about in the water. therefore it has to be remembered ren fo. You will have to consid may have read or heard of about
He had a wound or two. The
that Mary is not giving evidence in er the frame of mind the accus- the case. They were to decide the most likely cause of the
this case.
ed was in at the time. If you' case entirely from the evidence wound was striking against the wall of
May I also remind you of the
are satisfied that when he threw they had heard during the last the nullah. We know he had a charge upon which you have to Michael Pine into the water he three days. He also told the jury. wound in the side of the head give your verdict. The charge is was so drunk as to be incapable that in criminal prosecutions.conto escape from hospital, His Lord- when taken out. Now that ob- the murder of Michael Pine, and
of forming any intention of ducted in accordance with the viously refers to the wound or two. nobody else. You are not mere killing the children by throwing principles of British Justice, the And from the evidence we must
to hear charges of accused having them in, then the verdict could most important thing to remember take it that he got that wound thrown in other children into the only be of manslaughter and not was that the accused was innocent In the, nullah. Therefore apart water. You are only concerned of murder.
until the Jury were satisfied of his from that statement of drunken- with Michael Pine.
fet us now examine the eva sultTo be satiated," said his ness, it refers to circumstarices After dealing with Mrs Fair- ence of drunkenness. The me Lordship, I mean this: not that burn's evidence, Mr. Lim said: dica) evidence says that his pulse you should call upon him or expect Ranning water had a great at ran very quickly. In answer to him to meet every hypotheses The only thing which we can traction for children, and my sub my question Dr. Valentine said he that would be to ask too much say definitely conveys a meaning maston 18 that three of the eldest was more drunk than when he but it means that you as reason- to us, was that "I was drunk." of these five children went into came into the Hospital. In an able business men must be satisfied The rest of that statement I sub-the nullah down the steps which swer also to my question. Dr. as to his quilt beyond reasonable mit to you with all deference, en were slippery. There were two Valentine said that the effect of doubt, beyond any such doubt as 1 prisoners making a dash for it
two tirely refers to what happened children left on the bridge, who the accused beldg in the nullah would cause you grave, hesitation afterwards, and put as a plea of saw the first three being washed in the old water would be to in the conduct of your own per-
is quite reasonable that he should lenteney in the circumstances, down the nullah, I come to the sober him up."
Fonal or business affairsá
which took place after the mur-
derm pat
His Lordship also reviewed various pointa in the evidence. Dealing with the accused's attempt
ship said that there were two possible constructions about that. one man might say that that was evidence against the accused be cause In spite of a fractured thigh and other encumbrances he at tempts to escape. On the other fiand. suppose he was perfectly innocent. He wakes up to and† him if in a prison ward with serious charge hanging over He is in a strange, unfriendly Tulsphere. Sie sind
(Continunod: 03
cher
To enable our workshop to remain busy during
the "between season"
.8
we are offering a
SPECIAL DISCOUNT OF
20% OFF
ALL TAILORING
for the Autumn Season.
Grey Flannel Suits..
Blue Sorgo Suita.... Worsted & Twoed
Sulta
from $52.00 Nett.
60,00
70.00
52.00
Plus-four Suits
Morning Coat Suits 92.00
*1
"POWELL'S" TAILORING IS TAILORING OF “QUALITY"
Order your requirements for the Autumn now..
Wm. POWELL, Ltd.
GENTLEMEN'S TAILORS & BREECHES MAKERS
10, ICE HOUSE STREET.
STOCKTAKING SALE
ANDERSON'S
FOR 2 WEEKS ONLY RECORDS. $1:00 BACH
6 FOR $5.00
20% Discount Of Regular Stock. MUSIC
20 CENTS PER COPY 6 COPIES FOR $1.00 20% Discount Of Regular Stock
Ice House Street.
THE
"CONA"
Tel. 21822.
COFFEE MACHINE
For
Cleanest, Best and Quickest
Method of Making Coffee.
It retains all the flavour and aroma without losing any particle of
it, leaving no grounds or sediment of any kind, therefore recom
itself to anyone who appreciates a good" Cup of Coffee for Breakfast or Dinner.
mending
We stock
Cona
Coffee Machines holding tit. 1 and 2 pints contents. Spare Bowls, Funnels, Lamps, Metal Drainers, Cloth Strainers always in stock.
The
DELICIOUS,
CONA”
means
FRAGRANT, PERFECT
COFFEE
Lane, Crawford, Ltd.
Phone 28151. Exchange Building
Size Lanes