•
1
HONG KONG DAILY PRESS
SUMMING-UP BY MR.
(Continued from, Page 3) What part of evidence that he gave in the afternoon was it that made you think that he was not speaking. like a sane and orderly man? If he said in the afternoon
CABLES
JUSTICE LINDSELL
was negligible to the mind of a certain directions in law, directions sane person for such an attack. as to what is meant by Insanity in The only solution. Couisel sug-its legal sense as an excuse of a gested to the Jury in considering crime. a case of this kind, was to exer- cise common sense, by which une could make out some sort of sense of all the different factors in the
called a leper that could indicate could come to no other conclusion that he had a normal feeling. than that prisoner did not know Did he make any contradletory what he was doing, and therefore statements in his evidence wester- their verdict should be guilty but day afternoon?----No.
PRESUMPTION OF SANITY "First of all, there is in English law what is called a presumption of sanity. That is to say, every
ponsible for
"mbis
is Doctor Pfister's view. which you must consider and weigh. At the same time you must remember that this form of epilepsy a very rare, and still more a person to remember rare for after an attack.
There is also the point that Dr. Pfister was influenced by the con-
that he took ́objection to being evidence. If they did so, the Jury one is presumed aane, to be, redditions of prisoner's eyes when he
insane.
CROWN'S TRIBUTE"
་
his acts, until the
know that the eyes inust have contrary 14 proved to the satisfac-examined him on July 5. We now been effected by the drops used previously by Dr. Shaw.
tion of the jury. To apply that
principle here; if accused seeks to escape the full penalty of his ac Well, I am asking you on what
tions, then the whole onus is on you based your opinion, confining
Mr. Whyatt opened his address him to satisfy you that he was 3cur attention to the evidence he gave in the afternoon. that he was by paying a tribute to Mr. Mac- insane at the time. It is not for not speaking like an ordinary namara for his
adversity," man?
Mr. Whyatt: Is it necessary that a person should say he would rather speak the truth than be treated as a lunatic?-No. but in this case it would indicate that he was not of a normal mind..
When Counsel was about to put another question, Dr. Pister again said he was not feeling well and asked for permission to leave the Court, whereupon Mr. Whyatt said that if it would assist he would not ask any more questions.
Frisoner, continued Counsel, had admitted he knew what he was doing was wrong, he was labour ing under great provocation, and was angry at the time. That was a strong motive.
He had removed his belongings to a clansman" of his before the killing. and the only rational ex planation for this action, Counsel suggested, was what he was pre- paring for a speedy exit from the Colony.
"MAY BE CONCOCTED" "Finally, in respect of that evi- will remember. it 13 dence, you
men
If
THURSDAY, JULY 14, 1938. -PAGE
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"battle against the Crown to satisfy you that he largely guided by the evidence of
the two always was sane.
Yan Ping
who fact which
"Secondly, the only form of in spoke to this occasion at the Asso- Witness replied he could not re-exelted his admiration and some-
was sanity that English law recognises ciation. two years ago. Gentle- collect what had actually been times sympathy, because he said by the prisoner. However he battling on behalf of a man who is such a defect of reason in the men, it is for you to say whether It may be consulted a newspaper report of had confessed to the killing and accused that at the time of com; that evidence is true.
wasting mitting the cfime he either did not concocted. It is for you to weigh the proceedings. which quoted who had apologised for
know what he was doing, or that and decide whether it is true, prisoner as saying he preferred to the time of the Court.
if he did know that, he did not you are satisfied the story is true, be guilty rather than be treated
know it was wrong. To apply this Dr. Pfister's views are strengthen- as a lunatic,
to prisoner. This plea of insanity ed.
"On the other hand, two medi. can only help prisoner if on the evidence you are satisfied beyond cal witnesses have been called for all reasonable doubt that at the the Crown. The Arst 1s Dr. time of killing Mrs. Challinor he Thomas, who, on the face of it, is was suffering from such disorder of Nikely to have had more experience mind as either not to know what of mental cases than Dr. Faster he was doing or did not know what himself, having been for ten years he was doing was wrong. Nothing in charge of the Mental Hospital. with an average of 200 patients a short of that will satuse:
"Unless you honestly convince year. His view is that all these
Counsel said be did not
care yourself on the evidence that at unusual facts, which. I have de- what was the mental condition of the time prisoner must have been talled, do not necessarily show that Dr. G. T. Shaw was the last wit- accused when he
the insane in that limited sense which prisoner was suffering at the time ness called and he was put in the coolle; what he
consistent with JUCH яп box by the Crown as an expert with was his mental condition duty to And him guilty of murder witness. He stated that he was when he attacked Mrs. Challinor. without qualification.
epileptic state but in his view they Medical Omcer of the Hong Kong The accused had made his con-
"That brings me to the evidence are equally consistent with sanity. Prisons and had seen prisoner fession in the witness box and it on this point" of Insanity. As As regards prisoner's general de- almost daily since July 11. It was not for any doctor, or anybody said before the onus is on the de-meanour and appearance while at was required nowadays that the else to tell the jury whether to fence to satisfy you on this point. Queen Mary Hospital he has told Medical Officer, make out a report believe that confession or not
That does not mean that the de-you that he found nothing to in- on prisoners awaiting trial on the
"Accused stands there today, a
fence has to convince you entirely dicate any known form of insanity, capital charge and in Chun's case sane man. It is not disputed that out of the mouths of Its own wit- "In his view prisoner's story to he had sent in his report stating he is a sane man
He is a self-nesses.
It means they must satisfy him of that conspiracy of that that he regarded him as 'sane. confessed murderer and he knows" you taking the whole of the evi-attack on the Challinors-is incon-liu and Hellu Villages in the out- RETINOSCOPY TEST" - today what he knew then. that dence into consideration that he sistent with prisoner having suffer- skirts were routed by the Chinese Witress said he made a physical what he was doing was wrong" must have been insane. For this ed from epileptic equivalent at the and withdrew into the city.
purpose they seek to establish that time. He tells you also that this The Japanese garrison at Shih- examination of accused in order to said Counsel.
time prisoner must have form comes usually with the case pfenchen, west of Taiyuan in see If there was some disease "Let me read another authority at the which might give rise to Insanity to you: It has also been said by been suffering from a fit of epilep-of chronic epileptics, whereas there north Honan, numbering about 500 but there was none.
the prisoner's Counsel that the attic equivalent, and they pln their is no evidence here that prisoner men was practically wiped out by
attacked
WILS
concerned I have explained. then it is your from epileptic equivalent. They CHINESE REACH
whole case on that.
On July 2 he applied the tack of the prisoner was that of a Tel'noscopy test to prisoner, put-madman in committing the offence
"LACK OF MUTIVE" ting retrophin drops in the eye to at such a.time in the presence of "In attempting to satisfy you of examine the back of the eyes for the woman's husband who had that they rely not only on their some hidden disorder but found arms within his reach. But it
own evidence, as I have said, out none. Incidentally the dilatability would be a most dangerous doc on the facts proved by the Crown effects of these drops on the pupils trine. to lay down that because a They summarise these facts rather may have induenced Dr. Pfister in man committed a desperate offence shortly as follows-Arstly, lack of his examination of the accused with the chance of instant death motive, then violence of strength soon after, since the doctor had or the certainty of future punish-shown by prisoner in his attack on not been informed of the test. ment before him, he was therefore Mrs. Challinor and then on ber In cross-examination Dr. Shaw insane as if the prepetration of husband, subsequently the attack crime was to be excused by their on his fellow servants by prisoner. very atrocity'."
his climbing of the roof, his cry "Gentlemen of the jury. in of robbers', the allegations of a obedience,, to your oaths, can you conspiracy by himself and
said he did not express any opinion as to the sanity or other wiɛe of prisoner at the time he committed the crime.
belleved prisoner was sane,
FINAL ADDRESSES
11
the
are
TSIYUAN CITY GATES
** Chengchow, July 13. Advancing in two columns, Chin- ese troops have reached the east and west city gates of Tsiyuan.
The Japanese outposts at Tung-
the Chinese in a sudden attack on the night of July 11.
Reinforced by fresh troops. they launched a counter-attack on the Chinese yesterday... The opposing forces are still pitted against each other at Shihpienchen.
has shown any signs of insanity in the, two years between the inci-
and the attack on Mrs. Challinor. dents at the Yun Ping Association
"The again there is the evidence of Dr. Shaw. He had prisoner un der constant observation and saw him every day for a month. In that time ne observed no sign or set in at Shaoyuan, about 50 kilo- After days of fighting, a lull has
any form of insanity, and that metres west of Taiyuan.-(Central examination of his eyes and his News).. paster formed a contrary opinions, erkedt reactions, about which Dr.
were abnormal
own story-his statement yester
Finally. I come to the prisoner's
iday when you heard and saw him
Dr. Shaw concluded that he still refuse to return a verdlet as the other servants, and the state of in the box. In the morning he law requires? Shortly you will low mentality which has been as- had seemed dull and stupid. In pronounce the last word: let tha:cribed to him by one of the med the afternoon up to a point alert, In his final address to the Jury. be a word that will leave you with cal witnesses for the Crown as and, on the face of it. convincing. Mr. Macnamara said he was a sense of duty done." claiming no more than that
on
•
THE SUMMING-UP >
+
the evidence the Jury must be able Beginning his summing-up 15 to say that at the time of the soon as the case resumed in the afternoon, the Acting Chief Justice occupied just under half an hour. The text follows:-
on his state of mind. It was for
the jury to say whether the con- fession could be belleved, for it had been known that there were such things as false confessions.
Prisoner had stated he was not Teeling well, when he was in the witness-box, and the strain of the
· miserable dragged-out trial"
DR. PFISTER CLEAR
..
"Centlemen of the jury, prisoner
died
well as by the medical witness for His story of many of the events the defence. Finally his omission of that night have been borne out from his statement when charged by the evidence. He
admitted
TO
IMPROVE DIPLOMATIC POLICY
People's Council's Suggestions
1
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Credit Balance In
Every Coal
Coal Mining
District In Britain
London, July 13,
A credit, balance in every coal mining district in Britain is shown in the Mines Department's return of working results of the industry in the first quarter of this year. The return reveals that the amount of saleable coal raised was 60,433,952 tons and that 56,187,345 tous was commercially disposable.
Shipments amounted to 11,328,417 tons, Proceeds of sales. amounted to £48,784,365 and net costs of production to £13,295,356, leaving a credit balance of £5,589,000.
I'll back my wife's cooking against anybody's!
In
crime, though he gave a full and plete candour having a grievance policy of the National Government, 1935 miners put forward demands more than in 1936, and nearly of any act of commission of this with what appeared to be com
Hankow, July 13. Commenting on the return, the the March quarter was £3,500,000 crime the accused was insane-in-
Whilst approving the diplomatic Mining Association recalls that in higher than in 1935, £4,250,000, asmuch as he *was an epileptie
roughly accurate account of many against his employers, and against the People's Political Council ad- for wage increases equivalent to £7,000,000 higher than in 1935. equivalent and did not know what
of the events which preceded it. his fellow-servants. He admitted vanced the following suggestions something under 1/11d per shift he was doing. Instead of having
MERE OPINION NOT BINDING
These higher-wages have been stabbing, and that at the time he for improving the administration for all mine workers. In the March rendered possible by increased the ordinary epilepsy, prisoner had
in this case having pleaded not "These are the facts on which knew it was wrong. the equivalent of such a
He asked for of foreign affairs at its meeting quarters, it adds, the average car- revenue. The it and guilty. and having subsequently the defence rely to show unsound time to settle up his affairs and yesterday.
miners' avera 11 that was proved, the jury must raised the defence of Insanity.mind at the time of the crime and see his friends.
nings per shift had increased by money earning per shift in the return a verdict of guilty bot
1. Investigation should be made 1/104d as compared with the cor- March quarter were 722 per cent there are only three questions, in addition to that they have call- insane:
DR. PISTER'S VIEW
Into the efficiency of the diploma responding period of 1935. think, which you as judges of facted Dr. Pister as an expert in this
higher than 1914-(Eritish Referring to prisoner's contestere are called upon to decide. It line of disease. I must remind you leve that this confession should improvements effected:
"The defence will have you wetic machine and personnel, and The wages bill for the industry for Wirelera), sion, Counsel said there were two 1s only upon the third of these that you are not bound to accept be discarded, on Dr. Fister's view views to it: It might be true or questions, I think, that you will the view of any authority, however because it was given under a atrain cers abroad should be instructed to 2. Diplomatic and consular off- might be merely further evidence find any difficulty.
eminent, especially if, as here, it of "mind and emotionalism--both improve and tighten their work on linor killed by prisoner? Or that, of opinion of that sort is not in only after the stabbing that he
"Firstly, was in fact Mrs. Chal-is challenged. A mere expression symptoms of epilepsy:" that it was intelligence reports. imagine, you can have no possi-any way binding. Medicine is not recollected the stabbing and knew tional publicity should be laid 3. A united policy for interna- ble doubt. The Crown has dia-an. accurate science.
it was wrong. To put it colloquial- down and international publicity dence of Dr. Durran and the story the result of examining prisoner and only later awakened. charged its onus here. By the evi- "Dr. Pister's view was that as ly, his mind was asleep at the time work centralised.
4. Diplomatic activities of citi- of Mr. Challinor himself. It is es- on two occasions he found him of tablished beyond all reasonable low mental and physical standard. One of the reasons, as I under-the direction of the government
"That is Dr. Paster's opinion. zeris should be" accelerated under i trial might have Induced him to doubt that on that night prisoner and was led by his general de- stand it, was that one of unsound In particular, government sub- make up his mind to say some stabbed thing to put an end to this
Mrs. Challinor and she meanour and apparent lack of in-mind would prefer death than besicles and help should be extended as a result of those
stab telligence and by certain aspects ing branded a lunatic. Is it not to prominent citizens wounds she received at his hands of his physical condition
touring to possible that
one of the sanest abroad for diplomatic purposes. "The Second point is, assuming diagnose his case as that of one mine would prefer death to an 5. Facts relating to the intér- The evidence of Dr. Pfister had that prisoner was sane at the time, prone to epilepsia, and further. asylum? Was the attitude of the national situation should be pub- been clear and consistent. He had is there, any explanation of his that consideration of the facts that prisoner in the box. yesterday that shed by the government.--(Cen- made two elaborate examinations killing Mrs. Challinor other than have emerged in evidence, includ-od one, who, after a long period tral News)." of accused, and was of the opinion murder. I suggest to you that no ing the evidence of two of prison of "equivication and fencing, sud- that prisoner was in a very low fact emerges as an explanation of er's fellow-countrymen as to his denly makes up his mind to make mental condition and that at the that killing other than murder. strange behaviour some two years a clean breast. time of the murder he was suffer- The law assumes killing to be mur-ago-consideration of these facts Ing from what was known as der unless evidence shows that it confirmed his diagnosis and led epileptic equivalent-went mad, was, or might have been, other-him to believe that prisoner must
New York, July 13. Howard Hughes is making excel- and did not know what he Was wise. If a sane person attacks an- have been quffering at the time it is for you to decide. The onus doing. This might have been due other without excuse and as a re- from a fit of epilepsia, with the na- here in particular is on the de- world
ient progress in his round-the- fight. Be arrived at to domestic trouble, the notice to Isult of that attack the person dies, tural result that at the time he fence. The defence must satisfy Yakutsk, Siberia, completing the quit or the refusal of a reference the attacker is guilty of murder. neither knew what he was doing you that that confession-surely, fourth lap in just over nine hours. That accused had been subjected
"No question of excuse other or that it was, wrong.
as Mr. Whyatt said, the best post and in two days and three hours. to such seizures had been stated than insanity has been raised here. in evidence by two persons, who Though you might think that pri-fer's own
"In his view, therefore, prison-sle evidence against him was the since leaving New York-(Reuter
confession n the box product of a diseased mind and Bulletin). said that on one occasion prisonersoner might have had some grlev- yesterday, as well as to the police cannot be accepted. Unless you broke up the crockery in the ance against his employers, that constable immediately after the are o satisfied your duty is clear, kitchen and on another smashed in itself is not enough to justify crime, and subsequently to Dof the whole of the evidence, ex- "Finally, does not consideration the furniture.
him.
IN LONDON, Dealing with the question of
Thomas, which in the view of the "There remains only the third ordinary
pecially prisoner's admission from individua), motive.. Counsel said there, was
would
„* · Evian, July 13, Do some evidence of a grievance on question. Assuming youre satis doubt suggest that prisoner knew the box, lead you to the conclusion
An agreement was reached on the part of prisoner resi or Aed, and you must be, that Mr what he was doing, and knew it that, having brooded for several
Tuesday between the ⠀⠀⠀ English, Imaginary, about his treatment by Challinor was killed by prisoner in was wrong, was a story consistent days over some fancied or real French and American delegates to
grievance or Mr. and Mrs. Challinor.. It was circumstances which if he were with bis diagnosis, and not to be
Insult not very the Inter-Governmental Commit- strong motive perhaps, but ade-tee on Refugee Questions that a
ONUS ON DEFENCE
:
"You are men of the world and
HOWARD HUGHES'
PROGRESS,
..
REFUGEE BUREAU
for the jury to say whether that sane amounted to murder, was in accepted on face value-that sora quate mictive it may be to one of permanent bureau of this, com that was enough motive for the fact prisoner at the time, sane or stimulant or mental excitement re- dreadful killing, but Counsel sub-insane. To help you answer that called to his mind facts of which mitted that a motive, such as this question it is my duty to give you he knew nothing at the time.
is intelligence that he complete-mittee should be established in
(Continued on" Back" Page) London,(Transocean)]
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