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THE
HONGKONG
MURDER TRIAL
TELEGRAPH, MONDAY, NOVEMBER 23, 1931.
JUDGE SEES LITTLE
EVIDENCE.
It was known thint the Police had come and gone and it is not un- reasonable to say or expect that there would be sightseers on the
scene.
The second time the Police arrived was between ton past ton-nn interval of at least minutes past ton and a quarter 40 minutes between the two Police
That there was just enough evidence for the case to go before the jury was the opinion ex-visits. pressed by the Chief Justice (Sir Josoph Kemp) at the con-
Police Evidence Altacked. clusion of Saturday's hearing ofnot been very consistent through- The ovidence of the Police has the Tsang Foo Villa murder case at the Criminal Sessions. At the evidence.
out, particularly the Indian end of the Crown case, Mr. W. N. contradictions in
There were obvious Thomas Tam, defending counsel, given by the Indinn Police.
the evidence submitted that there was no case was obvious they were out to make It to go to the Jury, while the story, adding a few dramatic Attorney General contended
touches here and there. otherwise.
If your Lordship in satisfied that Tis Lordship said that, after a
the evidence of the Indian Police certain amount
anxious contradictions and
is such, and in view of the various thought, he thought there
the incon- just enough evidence to call upon that the evidenec is not reliable wasistencies of the evidence you find the accused for their defence, and may be and this will be heard this porn-gest there is no evidence against
ignored, I would ing, when the case will be sumed,
re-prisoners numbers two, three and
of
At Saturday's hearing. Acting Sub-Inspector Butcher, Cross examined by Mr. Tam, said that his attention was draven by Mr. Calthrop, A.S.P.. to bloodstains on the short trousers worn by the fourth prisoner. He could not say where the clothing was.
Mr. Tam. That is the sun sort of exhibit to produce in Court in a ease of murder. I suppose you didn't think of that at the moment 7- didn't take the prisoners back to the station.
The Indian policeman who was charge of the room where prisoners were taken at the Villa *poke of receiving the Ave prisoners from various police officers.
In reply to Mr. Tam, witness suid that Sergt. Wheeler handed over one of the prisoners. Answering his Lordship, ness said he could not any which particular prisoner was hunded, over by Sergt. Wheeler.
the fifth prisoner, in view of his four. If you are satisfed that tender years and the place where he was arrested, could not have been a participant. I submit ho is entitled to be discharged.
His Lordship said the point was not whether the
evidence was reliable to
might be believed whether there was any evidence but
at all.
or
Hot,
nat.
Was
In contending that there was ample evidence against all the prisonera for
The before the jury, the Attorney ense txi ко General agreed with his Lord. ship's remark. In arguing against the sight-seeing suggestion, le pointed out that the crowd the same on the occasion of both pollee visits. being hostile wrecking the place.
and
He read #
разнаке from wit-Archbold which stated
persons combined together for an that if
unlawful purpose or A lawful Sergt. G.C. Taylor gave evidence ful means, and a murder was con-
purpose to be effected by unlaw of receiving the five prisonera mitted, then alt members of the at the Villa from п combined
group were equally guilty of police and military escort, and taking them
narder, whether to
they actually Kowloon City alded and abetted or not, provid Police Station in the police van.ed the net was committed by the Tuspector C. P. Fallon spoke of acts of some one of the party in being in Kowloon City Polica the course of endeavours to effect Station sometime after eleven the common object of the nazem- o'clock and, in reply to Mr. Tam, bly.. sald he did not remember a mis- sionary entering and asking for an ambulance.
Murder the Common Object. Mr. Alabaster argued that the common object or the mob was tu exterminate the family, this being clear from the Japanese fact that they started by trespas- ing on the ground, broke into the house and gained the roof against opposition. There was no doubt as to their object and prisoners were members of that assembly.
Ifia Lordship remarked Best point the Crown had
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Prisoners Statements. Evidence us to statements made by prisoners when charged with murder, at the Police Station, was given by a Sergeant Interpreter. The first prisuner said that he went into the streets of Kowloon City and returned at about nine o'clock. He went to Tsang, Foo. Vil where he saw many people. He went up to see, and shortly prove was that prisoners combin- after the police arrived anded with the crowd at or arrested him.
The statement the time of the
marders, concluded, "I was arrested on the secondly, to prove that they were roof there."
present. There was Yery little Second prisoner, "I don't know evidence that he could see. what to say. There were
The Attorney General--I have people. It was not I who did this, proved they were there.
was there only looking."* Third
half prisoner: "Sometime after D
m. on the night of the 26th. I went to see."
L
many
before
and,
His Lordship.-Yer. but an hour or three quarters of an hour later.
Mr. Alabaster submitted Re Fourth prisoner: "My cousin had proved that the killing was fell down from topside. I went not completed at the time they up to hold him in my arnis. Firth prisoner: My
elder unele sent me out to reflect held rents. I failed to collect any s0 returned bone. There WAS large number of persons 20 went into the garden and fallowed them in.".
This concluded the ease for the Crown.
Mr. Tam submitted that there was no case to go to the jury. He said. There is nothing to show that prisoners were, in any way, connected with the mob. The mob had effected an entry by nine o'clock at any rate, althoughi, ac- cording to one Japanese witness, they had entered a little after half past eight. The police enme at 9.20 and left nt 9.35,
were arrested, AR there Wis evidence by an dina constable that one of the prisoners strach a blow with a pole at one of the dead bodies just before he was Iurrested.
As the mob had commenced oporations immediately they went in it is reasonable to say that by. the time the police had left, or shortly afterwards, the murders would have been committed.
SALESMAN SAM
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2
PRIVATE
1 Lordship.--Yes, if that evidence is to be believed.
Continued on Page 11.3
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