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HONG KONG DAILY PRESS, THURSDAY, DECEMBER 13, 1934.
MURDER CASE ENDS
Following Legal Argument On Admissibility Of Statement
“The murder trial which commenced yesterday before the Chief Justice, His Honour Mr. A. D. A. MacGregor, ended abruptly ye§- terday afternoon following a legal argument as to the admissibil ty of a statement made by the accused, in which His Lordship ruled that the document was madmissibia.” Mr. F. A. Fraser, A3- sistant "Attorney General, asked leave to withdraw from the Court for a few minutes. Upon his return he Indiested that in view af the Jadro's ruling, he did not wish to tender any further evidence in the case as no useful purpose could be perved.-
His Lordship accordingly directed the Jury to return a formal verdict of "Not Guilty.'!
ARSENIC POISONING RECALLED
The case was one in which Pun Cho-on, was charged with the mur- der, by arsenie poisoning, of his late employer, Chik Wing, a veget- able gardener of Tal Hom Village. on August 6. Mr. "J. A. Fraser, As- sistant Attorney General appeared for the Crown, and Mr. R. G. Sheldon, instructed by Mr. D. B. Evans of Messrs. Johnson, Stokes and Master, appeared for the do- fence.
The jurors were Messrs. R. H. Waller (foreman), C. Kew, E. L. Rozario, U. Tat-chee, A E. Roberts. A. M. Ramjahın and F. Toile.
At the outset of the proceedings. the Jury left the Court while the defence raised a legal objection. Courset said he understood that Mr. Fraser intended to refer to a statement made by accused in re- ply to the original charge of at- tempting to murder." The charge of actual murder was preferred when Chik Wing died two days after taking the poison. Counsel submitted that the caution given to accused to the effect that the statement could be used against
him. on his trial, meant only the trial for attempted murder and not the present trial for murder. On that ground, for which, how- ever, he could find no authority, he questioned the admissibility of the statement..
Mr. Fraser said he wished for time to reply to the first submis-
sion, which he felt confident, could
not be maintained...
His Lordship said he would allow time to answer the submis- ston which was just such a one as be himself had had to oppose once. In that case the Judge ruled against him.
The Case Outlined
The jury having resumed their seats, the Assistant Attorney Gen- eral proceeded to put the case for the Crown.
BOY KIDNAPPED
Two Men To Be Charged To-day
At the Kowloon, Magistracy this morning, two · Portuguese will be brought before the Magistrate fol- lowing a kidnapping episode on Monday last in which Luigi Ribel- ro, six-year-old son of Mr. L. G.
Ribeiro of No. 7 Hanoi Road, was femoved from his horne.
The incident occurred. at 5.30 pm, and it was at first thought that the chlid: had gone to play
Around the Courts
FALSE TRADE DESCRIP-
TION
PEAK BOY'S THEFT
1,
A fine of $75, or. in default, six The master of the Sino-American | weeks' imprisonment, was imposed Optical Co. was summoned by the upon Lau Chun, a No. 2 boy em- Import and Export Department played by Mr. Neilson of 166 The before Mr. W. Schofield at Central Peak He was convicted of the Magistracy yesterday for exposing theft of two pairs of white gar for sale pens and pencils on which | bardina, trousers, the property of false descriptions had been ap- Mr. W. G. Robertson. plied.
Mr. G. 8. Kennedy Skipton, act-
with some friends When, howing assistant Superintendent or HOUSEBREAKER CAUGHT ever, he did not return after a time, some concern was felt.
Later, a note arrived, as a re- sult of which the Police, who were Informed... visited a well-known focal hotel and apprehended a man there.
the Import and Export Department conducted the prosecution whils Mr. H. L. Dennys appeared for the defence.
UNREGISTERED MUI TSAIS
For breaking into a number of different houses where he had stolen a variety of articles a Chin- Revenue officer A. W. Grimmitt, l'ess, named Fung Lai was Ser- giving evidence for the prosecu- terced by Mr. Wynne-Jones yes- tlon, said on October 17. at about 3 | terday to a term of ave months*
• Through this man they traced pm, he went to defendant's pre- | hast labour. the boy at an address in Fuk Wingmises at 238, Queen's Road Central. Street, frightened, but unhurt. He He asked to be shown pencils and was immediately returned to his pens sold in the shop, and defen- gether, produced three-quarters of parente after an absence of some dant produced all that there were: a grain of arsenic.
eight hours.
in the store, Witness then revealed his identity and said to the defen- dant that
A Are 01 $25 was imposed on the pens and pencils shown to
woman him had false trade Leung VI, 34, a married marks, and that they were made Living at 22 Wing Fung Street for in Germany and not in America as }. keeping an unregistered mui tsai. Sub-Inspector E. W. Fraser
tually made some stated that tardy report was ac- · the girl was brought to Hong Kong months after
after being presented by her na
Attempted Murder Accused, as well as the wife of Chik Wing were charged with at- the early tempted murder in morning of August 7 and when de- ceased died, the charge was altered to murder. The charge was after- wards withdrawn from the woman and she was to be a witness
against accused in the present trial. The position was a compli- cated one as persons' accused of a crime could not be questioned, but snly their voluntary statements could be taken. In this case the woman could not be questioned un- til the charge against her had been withdrawn.
יון
In answer to the charge of mur- der, the accused had said: had no intention of murdering him. I had no intention of putting the medicine into the congee.. I leave. the matter in your hands.”
In consequence of what the, wo- man said, a search was made and in the garden was discovered ar- senic, which was part of a quan- tity purchased by accused through
a friend in July.
The rest of the morning was oc- cupied with the evidence of Police Constable 0.342 and Fung King Sam, a Chinese doctor.
No Further Küldence In the afternoon Mr. Fraser re- plied to the legal point raised by Counsel for the defence, as to whe-
ther a statement made by the 'ac- cused in answer to the charge of attempted murder was admissible in evidence or not.
The Chief Justice, after hearing both sides, said that he had once heard the case argued and the de- cision then given was by a Judge from whom he was very loath to dissent, and it was to the effect that a statement in answer to a Deceased had occupied a hut charge of attempted murder was shared by his wife, accused and not admissible in the subsequent and other casual workers. Dur-charge of murder. He therefore ing the weeks prior to the fatal
ruled that it was inadmissible in Incident, Chik Wing and his wife the present case. had not been on happy terms, and once, she had attempted to run away,
The woman was quite friendly with accused; who was, also friendly with his employer. It was the suggestion of the Crown that accused was in love with the woman and that she did not absolutely discourage him,
Mr. Fraser naked leave to with- draw from the Court for a few minutes. Upon his return he said: In view of your Lordship's decision, I don't feel that I can, usefully. trouble the gentlemen of the jury with the rest of the deposition, subject to any direction that jour Lordship may choose to make.
Hia Lordship: · I don't think I have any directions to make.
At mid-day on August 6, decess- ed went to a nearby teas house in quite good health. He returned ba
'Mr. Fraser: That is my post- his hut at 3 p.m. and ate of ion I cannot see on the evidence some conges which was in a pot which is available how I can use. on the table and a few minutes fully do anything more in this later was taken violently ill, vomit- matter and I frankly day to HOM ing and experiencing paik i tha i in view of what jour Lordship NAT throat. He called a relative, said on that one point. and, thinking that he had been poisoned, he and the friend ex amined the pot. They found a gritty substance there and similar traces in another pot, which were later found to be arsenic.
A Chinese doctor was called in and Chik Wing was taken to the Kwong Wah Hospital with a sample of the congee. The sample was found to contain 120 grains.
Upon the Jurys istums in Court His Lordship directed them to formally return a verdict of "Not Guilty, which they did and the acensed was discharged. “
UNMUZZLED DOGS
Mr. WM Brown, appearing for
or arsenic. Chik Wing became R. H. Wia, No, fi The Feâk, for worse and a Magistrate took his | having allowed a fox terrier bitch evidence at the bedside before he to be out without a male, fen- expired early on the morning of dered a plea of gulity, and a fine August 8.
of $10 was imposed
Body Exhuined
D. S. Scott, No Condult Road. was summoned for havi
In deceased's stomach was founded a white chow Bitch one-thousandth of a grain of arout muzzl senic. Later the body was 8K- On admi humed and further, - organs' amined and to then was found more than a fatal dose of stienicy which was about four, or 198 grains. In the conger there wur enough poison to kill forty people,
At midnight on An
| hut was visited by:de
found a pot and comfree, vlin
of the police and three bead pup-
ples. Another dead pupp
tead thicken were found? the hut and these exam
NEW N.D.L. EXPRESS SERVICE
Genoa To Hong Kong
In 21. Days
The "Scharnhorst," the name given to the first of the two ex- press steamers, which are being bulls for the Norddeutscher Lloyd for the Fan Eastern service will be launched to-morrow. the 14th December and commissioned in May 1935.
ון
Work on the second one-the "Gneisenau”—is also nearing com- pletion and-she is expected to be ready for service in the autumn of 1935,
Both of these new liners will be able to cover the distance from
Genas to Colombo in 11 days and from Genoa to Singapore in 15 days, whilst only 21 days will be required for the run from Genoa required for the voyage compared with the time taken by the pre sent vessels engaged on this line will be considerably shortened.
to Hong Kong. Thus, the time
Fur falling to declare, within the time-limit of seven days, the exportation of 1,930 bales of white rice shipped to Shanghai by the 5.5 Sinklang," & merchant, Chen Yee, of 33 Koshing Street, was aned $20 by Mr. Schofield at the Central Court yesterday. Mr. Ken- nedy-Skipton Assistant Superin- tendent of Imports and Exports, sald defendant had made a de- daration, but this was two weeks after the time-limit and only after the summans was taken out..
the cards described.
Mr. E. Kern, local agent for the American Pencil Co., said that he went to their office and he examin- ed the pens and pencils in ques-tural mother to the defendant's tion and found them to be differ- ent from those manufactured by well-treated, being employed to family. The girl was exceptionally American Pencil Co. The false ones look after the children. and she were marked "made by American did not wish to feturn to her mo Pen Co." and not "American Pencil Co." and the quality was different not be able to support her.
ther who was very poor and would The case was then adjourned tili December 19 at 2.30 p.m.
Child's Birth Concealed
Chiu Heúng Tal, 44, described as a married woman, was charged before. Mr. Thomson at the Cen- trai Magistracy yesterday with concealing the birth of a child.
The proceedings were the sequel a new-born child at 588 Queen's to the discovery of the remains of Road West, on Monday morning..
The defendant, who is under medical observation, was not in Court.
A week's remand for further police inquiries was given.
The case has been instituted un- der the Ordinance dealing with Offences Against the Ferson.
Human bones were found by the ground floor inmates of No. F Queen's Road West, forced down a drain, and the gruesome disco- very being communicated to the police, investigations led to the detention of a woman, the defen dant in the case, who was v an an upper floor.
GIFTS
Similar facts were presented in another case, a married WOMAN, Lam Man-yee, 22; of No. 3. Tsul' Yin Lade, being also summoned. for keeping Tam Moón, aged 13, an unregistered 'mtf-tsal. As in. the previous case, the ging WAE presented by her natural mother, and brought to the Colony. She, too, was well-treated, and it was: Indicated as possible that if re- turned to her mother, she might made to the 8.C.A by the defen be resold. A belated repart was:
dant acting on the advice of a friend..
Here also a fine of $25 was im- poded
Two months' hard labour was the sentence imposed upon Wong Tat, amployed, when he appear ed before Mr. E. W. Hamilton as the Kowloon Magistracy yesterday charged with breaking into a shop at 63 Temple Street, ground noor, yesterday, and stealing a gold wristlet watch, four tins and 18 packets of cigarettes. Tse Kee, a shop-keeper, appeared as plainant.
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