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WEDNESDAY, SEPTEMBER 18, 1929.
INDIAN CONSTABLE'S
PROPERTY SEIZURE.
DEATH.
CHINESE GETS 10 YEARS FOR MANSLAUGHTER ·
Charged with the murder of an Indian constable. Lam Ling was yesterday found guilty of man- slaughter at the Criminal Sessions and sentenced to imprisonment with hard labour for ten years.
When the cross-examination was resumed in the afternoon prisoner at first maintained the story he told in evidence in chief but later reverted to the facts as be re- counted them in answers to ques tions put to him by the Police when he was apprehended. He said he had trumped up the story he told in the morning because the girl had given false evidence against him.
|
EDICT AGAINST SHENG
· KUNG-PAU ESTATE
Nanking, Sept. 17.
The State Counel! has ordered the confiscation of all the property belonging to the late Mr. Sheng Kung-pad, an official of the Man- chu regime, on the ground that he accumulated his vast fortuna through embezzlement of public tunda.
Bequests to charity are not affected. Reuter.
Millions Involved.
Shanghai, Sept. 17. A Nanking mandate confiscates the oatate, running into many.mil- lions, of Sheng Kung-pao, a tormer Manchu Government Minis- In answer to various questions ter, and later a promoter of many prisoner often said he did not mind industrial enterprises as well as if he was hanged. He had to pro- the organizer of the China Meri tect the girl after she had been chants Steam Navigation -Com- raped, by the Indian and whether pany. The action is based on a he lived or died he had to maintaischarge that Sheng embezzled Go- his dignity.
vernment moneys while serving He sald the Indian deserved his the Manchu regime. Our Own death because he was the root of Correspondent. all the evil which had followed. He (prisoner) had struck the Indian with the chopper because he had raped his wife. He could not remember how many times he struck him, but the Indian was not the ground when the blows were struck. The Indian took hold of the chopper first and struck pri- goner, who then took it away from him and returned the blows.
on
"I was a little quicker, otherwise I would be where he is, dead. If I had been killed do you think any one would have prosecuted the In- dian for my death?" was one ques- tion asked by prisoner during his
cross-examination.
Trumped up Story.
In answer to further questions he stated that what he had said about the girl and the other man striking the Indian had been trump ed up because the girl had given false evidence against him. He said he struck the Indian while in a rage and suggested that any man whose wife had been outraged by someone of another nationality particularly, would have done the same as he (prisoner) had done. A man was only a man, he said.
Mr. Fitzroy: Did anyone assist wife? you? Who else but my The Indian chopped me first. I chopped him back and she also chopped him.
Mr. Alabaster did not re-examine and in his address to the jury said it was a peculiar case and he had to confess that had not the prisoner, in the last few minutes, withdrawn the evidence he gave during the morning, he could not have reconciled the two stories. He now said that the story he told at the morning hearing was untrue and that it had been trumped up for revenge because the girl had told lies about him.
The story prisoner ha, told Mr. Fitzroy was substantially the story he told to the Police in answer to the five questions.
Great Provocation.
It was clear that there had been a severe fight and what motive could there be except the one prisoner had given? The woman had sug gested robbery as a motive. The two certainly took the revolver with them, but they did not take the Indian's wrist watch. He sub mitted that the woman took the re- volver, firstly because it was not used in the fight, and either of the men would have used it if it had been accessible, and secondly be cause it was next seen in her pos-
session.
It was clear, contended counsel, that the accused acted under great provocation. No provocation ex cused homicide, but provocation of the nature in this case was suf- ficient to reduce the verdict from murder to manslaughter.
The Girl's Evidence. After counsel for the Crown had addressed the jury, His Lord ship summed up and said that at first he thought the question of how the man met his death would have caused considerable difficulty owing to its ramifications, but it had been cleared by the prisoner admitting the statement he mado to the Police.
It was a very remarkable thing that they had not been able to
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obtain clear evidence as to how the Indian came to be in the extra- ordinary position in which he was found. The evidence of the girl had varied so much that one could hardly accept her statement, as to the reasons the man was found in a semi-nude condition lying where he was.
As a result of the statement prisoner had made that day there! could be little doubt in the jury's mind as to who had caused the con stable's death. Unfortunately the question of the motive and the cir cumstances under which the man died depended practically on the evidence of the girl. The jury had seen her demeanour in the witness box and it was apparent that she was labouring under a sense of great ihjury received at the hands of accused. She had made such contradictory statements. that it was difficult to attach much importance to them and he thought it would be unsafe to accept her evidence 'except where it was corro- borated.
Questions After Arrest.
The prisoner had also made con-. tradictory statements. He gave clear answers to questions put to the Police, but he thought Mr. Fitzroy had been right in not put- ting those questions in as he (His Lordship) would probably have ruled them out. They were after pri- soner had been arrested. That was a practice which had to be carefully ruarded against and one which had been commented on strongly by well known judges. Mr. Alabaster had thought that in the interests of the accused the questions and answers should go in and they had been put in.
His Lordship commented on the fact that the prisoner had come back to his original statement which was a connected story and one which the jury might think was very near the truth.
His Lordship went on to deal with the law on the question of murder and manslaughter, saying that if the jury was satisfied that prisoner was substantially telling the truth in his first statement and that he had the provocation he said he had, then he thought the jury would be entitled to bring in a verdict of manslaughter.
The Only Verdict.. After a brief retirement the Jury found Lam Line guilty of manslaughter.
Addressing the interpreter His Lardship said: "Tell accused that I think the jury has done wisely in returning the more merciful verdict owing to the state of the evidence. Still he has killed this man and the circumstances are serious and I must give him a severe sentence. I sentence him to Imprisonment, with hard labour for ten years.
Prisoner cried out from the dock that ten years was a long time and that he preferred to be hanged. His Lordship said the prisoner had no choice.
Addressing the jury the Chief: Justice said: "I think you have done a wise thing. A verdict of manslaughter was the only one."
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