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MURDER TRIAL.
FULL COURT CONSIDERS LEGAL POINT.
FRIDAY, AUGUST 27, 1920.
W
senon of Lau Chun. Inspector take theevidence on oath, and if, on Murphy said in answer to the Chief the trial of any offender or offence Justice: "After the prisoner was to which same might relate," the laken to the Station I asked him if person making the statement had he knew Lau Chun.” The Chief died, is would be lawful to read Justice said, “Don't say what he such statement in evidence either sand, but what information you gave for or against the perian accused, Yesterday afternoon the acting him as to the nature of the charge.
it **providing THE
proved-- Chief Justice, Mr Justice H. D. Jaspector Murphy was asked. Did and this governed the whole of CHEAPEST fumoperte, and the acting Puisna
You say deceased had been stabb the section--that reasonable notice Judge, Mr Justico J. R. Wood, wer And after a pause he replied of the intention to take such state- BECAUSE engaged in Full Court, hearing the am not certain about that, or it went had been served to the person point raised by Mr F. C. Jankin, sail any more. He was asked, ugainst whom it was proposed to be counsel for prisoner, in the case ofBefore he was ennfronted in the read, and that such person or his Leung Tai, who, subject to decision on this point of law, was found bospital with the deceased, was any counsel or salieitor had, or might guilty by the jury on Thursday of formation given to him as to the have had if he had chosen, full nature of the charge? And the opportunity to cross-examine the the mender of one Lau Chun. Mr Inspector answered, "I was stand person who male the statement. P. E. Sash instructed Mr. Jensining by (during the interpretation. In this case there was no person The Attorney General, Hon. Mr J. There was nothing sand while the accused. Prisoner had not the
1. Kemp ... represented the antice was interpreted, except the been charged.
He was asked The Chief Justice: He was not interpretation.** }. Mr Jenkin said this was a sub further. As far as you knew the charged, but I take it bo was mission on a point reserved by the prisoner had no direct information arrested because an accusation was Chief Justice on Wednesday. The of the charge against him? And made against him. question turned on the ads he replied, That ja so, ner dil bo sability in evidence against the sak me." The question was repeat-there must have been soma in prisoner of the ring depositions ed, and the reply was "I can't say formation against him.
made by the deceased at the Gov-if I told him anything about it be ernment Civil Flospital on July fore he went to the hospital, I am
d. The facts were shortly thesa: not sure.**
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Mr Jenkin: I don't question the Attorney General's note, but if the Inspector said that, it would be en tires inconsistent with what he
aid before.
Mr Jankin: We assume that
Mr Jenkin wens oo hater to say that there was no stalement in the Dotice, bar any indication at all! that the Magistrate was about to
relative to an indictable offence or any person sensed therend. The form of notice was undoubtedly faulty. It was unfortunate, that that was 30. mit the misfortune cult not be visited upon the prisoner.
was clear from 19 joern in
in England that
they appreciated the kind ui notice that should in given to the prisoner. The toho used at home explained to the man that there wacia be a statement made concerning a specilie crime, committed on such a slate, and that there was reason to suspect him of compliers.
p.m. on July 1st, on one of the is, just before that, was convertake a statement imam Lai Chuo wharves. He was taken to theed to paper why be was there. Central Police Station and was detained in custody thenceforward. At or about 11 o'clock on 2nd July he arrived in custody at the Government Ciril Huspital, whero a man Lau Chun, the dreessol. was then lying dangerously ill from stab wounds. The prisoner was banded a notice, which was inter- proted to him. That notice was important because of its contents, or rather its want of contents 1 informed this man, the prisoner, that the statement of one Lou
Mr Justice Wool: Do 1 under. stand there was no evidence at the trial that prisoner was told what he was taken to the hospital for
Mr Jenkin. Nothing until he was served with this notice.
Mr.Justice Wood That is agreed
Mr. Jako: Yes. Mr Jenkin continued that the thon, who was dangerously ill, was netice did not weavey to prisoner taken by the Magistrate at what ofener if any had taken place, agatal at blank o'clock on the where it took place or when, or that
Mr Jenkin said his first point was onman of Friday, 2nd July, and he was regarded as a person shortly that the notice was wasting in That at might subsequently be read to be tried is respect af it. The essential facts with regard to in-1 esidence against him. 1 tal provision of our law under which formation. His second point was im that he might attend at the this eviden was admissible was that the notice was not reasonable
Bcd tire
allowing prisoner place aitresaid the same as the Jaa at home. It pro- point of footime baving been mentioned sided that whenever is appeared to beint time. Were the word re und that h might. 1. be the satisfactie of any Magistrate-able pot in the serbon their desired. cross-examine Las for Justice of the Peace that any lend-bips would import it, but the Chun. citber by himself
person who was ill and unable faLegislature, on its care for the rights by his counsel or solicitor. Toat travel was able and willing to give lți the individual, had seen fit to was all that the matize conveyed to material information relating to an jinsert it. The notice used here did him. As soon as that was interpret indictable deze
nothing more than introduce pri- (* person ed to the prisoner, he was at vare accused thereof, it should be lawinl pken into the ward isto the pre-for the Mogstrate of Jestier to
Wontinued vu Page 4 and 43
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