DEATH SENTENCE ON
DRAUGHTSMAN
(Continued from Page 1.)
Mr. E. H. Williams, Assistant At- torney General, assisted by Det.- Insp. A. E. Carey, conducted the cast for the prosecution, while "the accused was defended by the Hon. Mr. Leo D'Almada, Jun, instructed by Mr. D. L. Strellett, of Messrs. G. K. Hall Brutton and Company.
Yesterday morning, the accused was further cross-examined, and admitted that the hammer pro- duced in Court which was found by the police in the middle cubicle, belonged to his family. He did not know how it got there, and denied that either he or To had used it on the woman.
Mr. Williams: Why didn't you say in your statement to the police that deceased had been black- maling you?-I thought that was understood by the fact that I wanted to get back the documents. Besides, 1 was frightened at the tima.
Though you were frightened you managed to tell a few iles in that statement?-1 did so because I was afraid the LG.P. might get angry with me for not interfering with To. I told the lies in order to pacify the IG.P.
So you told the lles in order to do justice to the police--It was not to do justice to them that I told the lles. I intended them to be a temporary camouflage.
I suggest the whole statement was camouflage?-You can see the way how it was recorded. The lying part had one or two correc- tions, and this showed the state of my mind then.
"LAW ARGUED
At the conclusion of the case for the defence the jury was ask- ed to leave the Court for counsel to argue the question of law of whether or not two persons setting out to commit a felony and in the course of committing it one of. them committed a murder, the other was just as guilty for the
crime.
Mr. Williams submitted that the offence which To and accused agreed to commit applying stupe- fying smoke-was a felony which necessarily involved violence. Un- der the circumstances, if are of them killed a person, in the course of committing such-a felony, the other was equally guilty of murder. In the present case, sald Mr. D'Almada, there never had been any design on the part of accused to commit felonious violence on the woman. He had been assured the drug
was harmless. Techni- pally that would have been" a felony, but where was the violence? The necessary ingredient to mur- der was intent and if his story, that no violence was intended, were to be accepted, he should be found not guilty. There must be some evidence from which the Jury might safely infer that there was the Intention to murder, but in this case the Crown had falled to prove the necessary ingredient. The proper direction to the jury must be this: That there must be evidence from which to infer the commen design to do the part
cular act which To did. Besides, if the jury accepted the story of accused, they must be reminded
impartial
Judgment of the evidence. expect from you an
Wila
HONG KONG DAILY PRESS, SATURDAY, MAY 1, 1937.
TOLL OF THE ROAD
Weekly Accidents Return
In the Culony of Hong Kong in- cluding the Island, Kowloon and the New Territories during the week ending at B a.m. on Satur- day, the 24th, instant, there were altogether 50 trame accidents, as the result of which 1 person was killed and 17 persons were injured. killed, a Chinese
The Crown case is that accused lured Sam-ku to that fat with
accused and To Wai-man prepared every intention of killing her; that
to use whatever violence that was necessary to recover those docu- ments even if it meant killing her.
The case for the defence that To Wai-man killed Cheung Sam-ku through strangulation and that he attacked her in the man-male, aged 25 years, died as the re- ner he did without any hint or
sult of injuries received through suggestion to accused who completely taken by surprise. If in motion. Or the persons in- was falling from a motor lorry whilst you take this to be true, then d- Jured. 11 were pedestrians, who fendant is not guilty
were either walking or running across the road and were struck by vehicles.
The Crown alleged that the crime was premeditated and that an empty fat was an excellent place for murder, but in examining the evidence of the case, the fuct
The person
Three tramear passengers were Injured while alighting from mov- ing tramcars.. A bicycle rider and
is that the dat belonged to ac-a motor lorry passenger were in- cused' father and was in constant use by members of his family and that at any time anyone might cross the scene,
Mr. D'Almada pointed out that it was strongly in favour of the accused that there was no attempt at concealment.
SUMMING UP
In the course of his summing up, his Lordship said that the jury had to consider the story, told by the accused from two points or view. Firstly, from the point of view of its credibility to them reasonable men; and secondly, its credibility in relation to other evi- dence available. In this light the evidence of Dr. Begble was very important for in his opinion the double fracture of the woman's skuli was caused before death.
On the point of law there were three possibilities. The first was that if the jury came to the con- clusion that To Wai-man and the accused took an active part in the killing of the woman, then the verdict would
be one of guilty; secondly, the jury accepted the whole story told by the accused and belleved that the only object was to have a little harmless smoke blowi Into her Ince and then, having given a drink to re- vive her, appealed to her better nature and induced her to accept the $100, then the verdict would be not guilty thirdly, if they could not accept the story about the smoke and were forced to the con clusion that the accused in con- Spiracy, and concert with To Wai- man were determined to get the documents at any cost, and necessary to use violence and that
in furtherance of their plot to get the documents the woman met her death then the accused would be guilty.
2
STATEMENT FROM DOCK Alter the jury had returned a verdict of gulity, the accused made the following statement from the dock:
"The arrangements I made with To was the ministering of the stupefying drug in order to get the documents back. I never ar- ranged with To to murder this wo- man I admit only to the extent of ministering the drug. When it became known to me that the wo-- man was already dead it was be-
jured as the result of collisions between vehicles. One larry pas- senger was injured through falling from a moving motor lorry.
Of the 50 aceldents, 14 were collisions between vehicles; 20 were callistons between vehicles and pedestrians; and 10 accidents were due to other causes. Type of Vehicles Involved
Private motor car Motor lorry
Public motor cer Motor bus Tramcar
Ellcycle Tricycle Rickshaw
LONDON
No.
26.
16
&
4
7
2
4.
1
LICENSING BOARD
European's
Application
Refused
On the grounds of military. nayul and palice objections, an application by Alexander Ogilvie for a publican's Hcence without bar at the Adelpha Cafe, No. 326, fused at a meeting of the Licens- Hennessy Road, Wanchal, was re- Ing Board held in the Council Chamber yesterday.
"
Mr. C. G. Perdue, Deputy Inspec tor General of Police, remarked that the police strongly objected very inadvisable to grant and considered that it would be. licence. The General Officer Com- the
manding and the Commodore had also objected.
F
no
The Chairman (Hon. Mr. R. A. C. North) stated that it was con- sidered the applicant was not s suitable man for licence although he had been in Houz Kong for a long time.
Mr. Perdue: There are publican's licences in Wanchal at all now. The applicant formerly held an adjunct licence for the Airlie Hotel and be has an ap- plication to the Urban Counell for an eating house which has no yet been granted.
OLD RESIDENT
On behalf of Mr. Ogilvie, Mr. Peter H. Six Informed the Board that the app'icant was a Scots- man and had been in Hong Kong
for over 30 years and during the past 20 years he had been directly
or indirectly connected with hotel business. For eight years utili July, last year, be was running
GUILD'S Arlle Hotel and in connection
NEW CHARTER
First Granted By
The King
STATIONERS AND NEWSPAPER MAKERS
with which he also had an adjunct Ilcence for five years. He had acquired premises at No. 325, Hen- nessy Road. tor the purpose of running as a cafe and the pre- mises were being decorated and it was hoped wou'd be ready for business within the next {ew weeks. At the present time, sald Mr. Sin, the China Fleet Club was the only place in Wanchal where liquor was sold at all hours. During the past six years only two adjunct licences had been granted In that area one been taken away. The applicant had invested all his life savings in the new business. In view of the Coronation celebrations when Sir Adrian Follock. the City Colony it would be awkward for crowds would be visiting the Chamberlain, reported
the grant. of the charter to the Court
anyone desiring a drink to have of to walk for two miles. Aldermen, which met on Apr 13 at Guildhall, the Lord Mayor. Sir George Broadbridge, presiding.
The King has granted his first Royal Charter to
a London City Guild. Ir is the titic of the "Stationers' Company is changed to the "Stationers and Newspaper Makers' Company."
Permission, said Sir Adrian, had been granted "on Dec. 5. 1933. by the Court of Aldermen to the -Stationers' Company to petitio the King for a Charter altering its Dame.
The Stationers have a of 1557.
•
"LANEFORD"
EVENING DRESS SHOES
MELTONIAN. SHOE" CREAM
In all colours.
LANE • CRAWFORD
MADE IN ENGLAND EXPRESSLY FOR LANE, CRAWFORD'S.
Price $18.50.
LTD.
Mens
Wear
Department
The House of Quality & Service
of which had NEW CHECK ON
CAR SPEEDS
Police Try Graph Recording Device
An instrument which checks the speed nf motor vehicles by means of a graph attached to the speedo- meter has been, introduced, in po- lice cars in Newcastle, writes Home motoring correspondent.
Its working was explained by Supt. Tough at the Moot Hall po- lice-court, Mr. Perdue, Mr.
Newcastle, recently when Charles Cunningham, com mercial traveller, of Markham- street, Sunderland, was fined £2 for exceeding the speed limit with;
WHAT TYPE OF CUSTOMERS?
The Attorney General (Hon. Mr. C. G. A'abaster): Is he financing this business himself or is he being financed by others?
Mr. Sin: He has two people interested in this cafe.
other
"Hon. Mr. Alabaster: They are financing him? Charter Mr. Sin: More or less.. The Newspaper Makers Replying to were founded in 1931, inaugurated Sin said that it was at a Mansion House banquet in
quite true that his client lost a lot of money 1932, and received a Charter from over the Airlie Hotel; also the
added, had no use for an adjunct a goods vehicle. George V. in June, 1933. The Duke lease was up. The applicant, he
cence.
"This instrument, known as a The Chairman: What kind of speedograph, is being used for the customers would he expect? If first time in this country,"
gald this cafe was put out of bounds Supt, Tough "The Chief Constable by the military authorities would has introduced it as an experi- that affect his business?
ment, but I think it will become permanent,"
He explained that the In- strument recorded the speed at which the car was being driven the exact time at which the speed was recorded, and the mile- age travelled during any period on
of Windsor, when Prince of Wales, was invested as Master at York 1933 and presided at dinner at House on the afternoon of Dec, 20,
that To had a private motive o yond my means to save her ute. Stationers' Hall the same night,
his own.
The whole argument could be reduced to this one sentence: "Was the act a result of a conspiracy
COUNSELS' ADDRESSES
In his anal address to the Jury Mr. Williams suggested that the" whole story for the demand of $500 was
a complete fabrication, It stood to reason that prisoner must have considered that it would be no good to get the documents alone, but to get the woman as well.
There was no eye-witness as to what actually happened on the floor, apart from accused, but his story was such that it was beyond belief.
I have no knowledge of the law. With regard to the question of purchasing stupfying drug I instructed someone to procure the drug for me. And the person who bought this drug for me know that To knew how to stupefy people with It.
I deny having murdered her. I did not do it.".
WAR OFFICE CONTRACTS
We learn from a reliable source His Lordship then donned the No. 137 Johnstone Road, have been that Messrs. Hop Cheong & Co., black cap death sentence according to law,
and pronounced the awarded the $1,400,000 contract Prisoner took the
for the construction of the bar- calmly.
Mr. Sin: It might, but it is very difficult to say what kind of customers he would expect as it is such a mixed area.
Mr. Sin also mentioned that the subject to alterations that have to be made. the Urban Council will grant an eating house licence as a matter of course.
The Chairman: There are in
sentence racks for the new Stanley Penin- that area three hotel keepers ad
COUNSEL THANKED
sula fort. One of the largest con- Before the Court adjourned, his by the War Office here, the con- tracts ever to have been awarded Lordship paid tribute D'Almada, who, he said, had bad
to Mr.tract calls for the consturction of 23 buildings. It is understood,
a very onerous task to perform however, that several similar con- and had been of very real help to tracts will be let by the Military "How could any one believe," ❘ the Court. said Mr. William "that accused did
Mr. D'Almada: I thank you being stated that in addition to authorities in the near future, it not do anything when he saw the
Your Lordship is very kind, woman being treated by To in the
JUBY EXEMPTED
the two new forts on the main- manner which he has described? Turning to the jury, his Lord-land, at least $20,000,000 will be Could you imagine that he just
thanked them for their spent on the construction of the stood there doing nothing; if his patient hearing and the great care new cantonment in Kowloon City. purpose was only to make the wo- and attention they had given to Initial work on this will be com- man Insensiblé in order to get the case, and exempted each mem-menced shortly. back the documents? I cannot ber from further jury service until imagine that such a thing dia April, 1939.
..ship
happen,"
The Court rose at 7:30 p.m.
Addressing
the
jury
Mr.
D'Almada said in part:-
CASH PRIZES -
OFFERED
dence of this case, you must re-
I ask you in considering the evi-
SCHOOLBOY'S ESCAPE
Junct. licences and four restaurant keepers adjunct licences and it is. considered that that is sufficient. Mr. Perdue: The police oppose the application.
application.
Mr. Sin: The police oppose every
The Chairman: Not all of them, After further consideration, the Board refused the licence..
the clock.
In addition it indicated when the engine was stopped, giving the me to the minute and the mic
age travelled between stops.
Whether speed-recording instru- ments of this type will be gener- ally introduced in police cars throughout the country remains to be seen. I gather that Scotland Yard has no such intention at the moment.
There can be no question that the "written" evidence of such an TWO MORE APPLICATIONS "Instrument, if of proved accuracy. Andrew Peler Tkachenko, of 3, would be far more satisfactory Hankow Road, was granted 跖 than the present system, which restaurant adjunct licence for the relies on the officer's reading of Tkachenko Restaurant, until No of the moving pointer on the vember. It was stated that the speedometer face. restaurant catered for the Russian community.
An application by Luis Antonio
R.MA. DELPHINUS
Vieira Ribeiro for a restaurant The RMA. Delphinus lett Kal adjunct licence for the Jubilee Tak for Penang at 11.10 am. yes- A fifteen year old schoolboy named Lee Kam who suddenly ran
Tea Room, 302, Lai Chi Kok Road, terday. carrying 1.180 kilos of was postponed in order that the freight and 163.498 kilos of mall. member that there is a law in the In an advertisement appearing morning had a
across Queen's Road yesterday English Criminal Court that if in this issue. The German-Ameri- from death, when he was struck should a licence be granted, the Hcence.
view of the mfitary authorities narrow escape might be obtained as to whether there is any doubt you must give can Laboratories, distributors of by a private car driven by Dr. Shin. Tea Room would be put out of Present at the meeting were:- of objection to granting of the the benefit of the doubt to the Ceet, announce that they are who was proceeding towards the defendant.
offering a number of cash prizes city. Dr. Shin attended to the
bounds. You might come to the con for the best letter on benents youth's injuries and then convey- was about 100 yards from
Hon. Mr. R. A C. North (Chair It was stated that the Tea Rum clusion that the conduct of the ac-derived from Ceet, Conditions for ed him to the Government Civil Shamshulpo Military Camp can-chel," J L McPherson, C. G. man), Hon Mr. C. G. Alabaster. cused is worthy of condemnation the competition are given on page Hospital. His condition is not con-
the Mesara. C. Champkin, T. A Mit- but nevertheless he is entitled "to
teen and loss of revenue at the Perdue, J. M. Wong, and W. G. sidered serious.
canteen was one of the grounds Harrison (Secretary),-.
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