THE HONGKONG TELEGRAPH, FRIDAY, JUNE
24,
1938.
Counsel Conclude Addresses in Murder Trial
(Continued from Page 1)
that he culled into the signal dis-] to the evidence they had heard in i tributing office on his way," and did] Court.
It is a peculiar colneidence how it not have the overcoat then. fits in with the evidence of other witnesses on this point.
Humphrey has told you that a
possessed
strong:
CIRCUMSTAntial evidENCE
ויי
stances if Humphreys is to be be lieved? What would you expect Dwyer to do apart from what Hum- phreys had said he did-holding the bullets in his clenched Bat so that Humphreys could not make out the number? I suggest that Dwyer did
show any. Ammunition to
Counsel went over the facts that Whatever else they might be think were known and added that it was "One thing is certain, and I do not Ing he was sure they were UB- think it is disputed by the cross-animously of the opinion that
upon circumstantial evidence and in "There was no motive for Hum-examination of my witnesses, that murder was committed by a man Crown's case depended."
the ference made from the facts, that the phreys to give false witness. I sug- Dwyer did not pick up the overcoat who had given the crime much pre- He continued: "According to the not just to you that you must believe from the upper deck......At the In-meditation. was moved by some Crown, Dwyer was a man of const Humphreys what Humphreys has told you in the quiry Dwyer said he left his over-strong, motive, and who
derable intelligence and his education withous box,
coat on a fun cover on the starboard some degree
"If you reject Humphrey's evid- of boldness almost There is no fan cover there.
was far above the average of the "Let me assume for a moment that side.
amounting to bravado.
as submit you should, the ence. lower deck. He wan you don't believe what Humphreys "Why did he tell a tle about
a man with position becomes "You must judge whether Dwyer
one which my has said in this Court, or that he than where he left his overcout? Because possesses the qualities to fuint that sometings and hoped to be an officer friend, by anticipation, mentioned to not given any evidence at all it would have incriminated him. It
you in address. The role," Mr. Whyatt and. Does make much difference? would have proved that he was on "Was he moved by n
suggest the Crown brought this comes one in which, na It were Hum- the booms."
motive? Did he give it premedit-up in order to show that his chances phreys had given no evidence at all. etion? Did
he have holdness of obtaining ward-room rank would The position reduces itself into this: be seriously jeopardised If It came to there wan mulual detestation between amounting to brovado?"
and Dickinson, a dislike "He talked of the murder time and light that he was guilty of a homo- Dwyer
sexual offence and that, therefore arising from a cause of which we time again. It is not disputed that for that reason, and that reason only, know not, a dislike which Dickinson
Dickinson. (F). Dickinson was shot from the he and detestation of booms in a night watch and Dwyer and it is emphasised that the showed he conceived an intense dislike of gave full vent to by bearing down
Dickinson and conceived, some two on Dwyer. a detach- had declared that he would shoot throughout coolness and
months before the shooting, a plan to him from the boons on
nightment which, I submit to you, was
almost unnatural,
get rid of him. watch.
part of the "The whole of that Crown's case turned upon two inci-
Interfering un-dents-Dickinson
with Dwyer and the latter showing some ammunition to Humphreys,
quarrel between Dwyer and Dietin- FON storted from that time. We don't care about that. All we do know ta that there was a quarrel, We know that Dwyer had sold that Dickinson was a most ignorant and most detestable person.
We imow, also that he had threatened to shoot Dickinson,
Throughout the Crown's case 1 have proved hatred and reat without Humphreys evidence."
Mr. Whyall continued: "It is true that some of my witnesses have said that when they heard. the threats They regarded them as idle, but you must remember that these threets were taken seriously, as shown by the remark of the proprietor of the New York Hotel in Sydney who sold to Dwyer Young
don't 11:44). Coolish
be
Summarises Case Summarising his final points, Mr. Whyatt said:
it
deelorett
he
(2). Dwyer had would shoot Dickinson on the Drst opportunity he had. Dickinson was shot when Dwyer was greving on his first midele waters offer malting that threat.
(3) The
best
vince
Dwyer Dickinson would have of shooting was between midnight and 2m1, because Dwyer wis doing "ricks" afterwards
Dickinson was shot at 133.
Dwyer asked if it was possibile to der anybody on board 11.M. stops wind! get away with it. that, bowON CT?
Dwyer suggested there would bej ttaL+" WI 2liu:
which parate et bourd if a murder Dwyer ad un busted with another Feinmitted, 24 hans fater, a murder seatman, when Dwyer asked. 1st, was committed
*x padd
wish Blunt
"Phenomenal Coincidence"
"Apart from
it
conversation
Dwyer
14
Was
possible to shout a man eboard, a shuphelion would not get to Weshal- with a gun puuri hused ashore"
"Why
should /F seamna car the weg Before many houra elipsed Dorsetshae contemplate purchasing a that wish was fulfited Bun ashore" There were plenty of Dwyer walked to the port then of 121835
And wh
the gotley that withon a few minsiters phenomenal enneklence that a mol!
of kinni's going out to rep was shot on one of HM ships a few Dawy did not return days aflet this conversation
"It is unreasonable to suggest that someone bad forestalled Dwyer his purpose, atsed it in unerasonable Ter beeve that another mars had done whurt Dwyer had threatened to akt Dickinson from the boosus
Dwyer was entrying an (on that hot right, and not for
tibe in ordinary purpose of wearing it, be
Cause he was
an miski Dwyer was spent carrying That over - eat down to the upper deck
Dwyer said he left the overal on, "Dwyer had stated at the Board of, a fan cover which dibes
exist, Inquiry aboard the slip that he was art the ovarensat was found on the uns the starboard
[The whole' Great:5 tune. und
and he
Dwyer had in his precise studą. live corroboration to bla tury tut
Catastaliac +
aurit Chinese saw him there when he was) wherewithal to commit a muster on his WRY Jo the Securi Chinese has stated thank
sich BURRested,
1
this www
rootres
mal
the defence emphasises that within a few minutes of the murder, Dwyer was cool, normal aut perturbed, he had to be so to carry out a crime like this.
Lost Composure, Crown Alleges
הון!
"Tint is the evidence of mutive and what kind of a witness did the Crown produce in respect of ?
FAILED MISERABLY
MOTIVE WOULD BE GONE "Do you see that the moment you although arrived at that position, you may have ample evidence of threats having been uttered time and time again, the position is very for removed from one in which there
wher would be gone there would be no question of Dwyer's prospects being Jeopardised beenuse Dickinson might
him report
homo-sexual
for
offence. There would also be no question of anything at all except the normal detestation between them.
"The motive then would be merely
get rid of Dicklason for the sole rea this: Dwyer's suggestion must be to heson that he was being hard on him, unnecessarily difficult that tasks and generally taking advantage
**of his position in bullying him.
If it be true that he was cool and
"The only evidence in respect of unperturbed before the murder, it was not entirely true that he main motive was given by Humphreys, r tained
CONIJOSUNE after the man who gave his evidence-in-chie murder.
tolerably well but who falled miser- "Once he was caught off his guard; ably to stick to his story when under by that I mean be was observed cross-examination. My friend
entitled to
mininke without knowing that he was so oh-) Pen served he was siling on the star-fact of his contradictions and heining hin
also perfectly entitled to say
contradictions were only as to these tire and were therefore unimportant, There is and to suggest the rejection of the TIO daily bout that: there is evidence in its entirety. shadowe of doubt
"If a man mukes a mistake as to ******
will remember Jury
that time you may say this is a reason- although
KTRA THE Dickinson's)
uble mistake, that it is not such a death he gave one witness the un-mistake as should make us view les pression at he wns surprised when evidence with suspichm I hat
Jed the news from that
What
ballaria bourd
holding the call and trying to be lek "He was n gol arter
WIEDENS
l know what was
W
Kward
Very
But this not the ease
le
made
"Humphreys, a man who had failed
desert the ship, romes along to give evidence and asks you to accept his story.
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"it you, in spite of that, still be- Heve that there might be some truth In Humphreys story what then would be the position? if his statement is accepted you must also accept his story that he was wholly clothed. if that was not acting, I do happened here as this: Shortly after The inference to be drawn in con- Bertion with that is that if Dickinson this tragie murder Humphreys ap- should be act" Why should i
were to report Dwyer he also had to +421 41212432-etat #TRINET abe Not only wasipesured before the Board of Inquiry
statements in re- report Humphreys who, in He made certain
turn, be supted, but he is described by
Buy what was would say that Dickinson himself Rard in this incident Murphy as having a kind of smile the nature of his evidence at that:
was area by him interfering sheet
in his thre That is botige
Dwyer. "That gives you some insight inte so far as the element of the is
Do you believe think statement the buns mind, and it shows a
that two or three minutes hard clapsed circumstances Dickinson would have the clean stronk of vanily
Dwyer
the Crown before he followed Dwyer into the reporte</ Continuing, Counsel said that he buys lacker flat, and that when he gut suggests Dwyer was afraid he might, burl afled 42 witnesses and, withi
#1 was only these reumstances, 1 subm11 Too Many Coincidences mae excrption. It hati not been sug- hve
there eyes was naked,
Dickinson with some confidence that you cannot inimutes later that tonehaling. Mi
Whyall sand that ested that they were in any way followed him and when he got there Imagine him doing sets a thing. the ce
untrutiful
dishonest, though therel
a tropical singlet on sible, five or
hers when my huse bren zeetaricies in their Dwyer bad
astomustang evidence. The only
one who
A CONTRADICTION seven were sacredible, but s described an 40% C
Iar was Humphreys, Wiese were impossible. many as
and it was suggested that his evidence)
"And what was his evidere at the te thing, fllled into one
anet came single destre.
Was an entire fabrication without & Police Court?---it was a contradictio i submission of the Crown the auther
of his previous story in more
The contradictions were was the pater, DWY
than tr Dwyn
WILL TAKE LONGER
that, so for from having followed --That
only reasonable //es." saut Mr Whyatt The
Dwyer two or three minutes after My D'Almuda,
wartis, he followed hot on his heels........... evidence must satisfy the Jury beyond mencing his address for the defence, in three
rundsand immes Lensofiable rhulst as to the gat of said he would take loster than betely beline him came Dickinson. the the arterised Although it has been pre-ecution who had bud, as it were.
who found Dwyer naked. 1 ts the file one fairly and properly testerf by the de
untrue, and I suggest to you it was
fabricated story, made up on th spar of the montimat
Galley Was
"Yesterday,
Locked
learntert
[ti
teles to show that the shot dit
come from the banns He eadem ed to show that it
from
rane
galley Butalled the Link prove that the galley throughout the night
1+)
WHEN linked
“But what does it matter where the shot was fired from, so long as it was fred from Bie port aide, if Dwyer, ans)
།༣ W
and
All aberne Uve
word of euth
he had stated, was actually on the ice, the essential. of the vetence! starboard side? I sus
have lischarged my dute
I submit that the have returned melanged reason why the defence brought this forward was that onerit etablished that the shot was not fired from theater hours, then the evidence regarding the overcont lost all its significance
Important Evidence
Now VOAL ift Ba
What's address concluded at 10.50 um
The defence cl no witnesses
The
was
Anthr
team for craving the 11 dul see of the jury was beenuse his resporthality was greater than thad of the town
4
Way"
These are not unimportant con- tradictions they are of extreme im- portance when
The consider
gravity of the case and that the whole of the Crown's case hinges upon the question of native
The Carts of the ene lane heer, put most droombly by the Crown now my duty to go over announceal it would the fats and convince you. Gentle which I suggest should make you
men of the may, us Impe Istral!
[22
Continuing, Mr Whyatt said the Today the Brand vndered matter of the overroat was very im- Jelsing stages when the Crown Couft- portant. Exigener for been given Jarl, Me J Whyatt, made his Brad ilzat, ut
2 am. or thereabouts, there fadilsens to the Court was an overenat on the horns.
5.30
it was gone. Therefore tween 2 am and 5.30 am somebody
The track is talent place
333
BIL Jusipe Lindsell and .7 special
M 1.00 1 Almada unstrupted by MỀ G8 Hugh-Jones,
1
had removed it At 4 4m Dwyer Th Hu came uff watch, and he was seen gur ing down the ladder in the starbound | is conducting the defence side carrying an overrod
Mr Whyat said that following the clear from the evidence that he did rules of procedure, if the defener did Bot go from the bridge to the upper not call any evidence the prosecution deck by any other means than by the talddressed the Jury Drst. at the boons.
Counsel for thr stefence
When Dwyer was on
It wis
Balle o enviace you, that the Prosecution bos and discharged that on which Bes upon it of bringing ue to the prisoner the atfence with when the as charged
I venture to submit that at the com Ruston of my addrese you can by you fou and seasonable judgment Get the evilerwe, cune to no other
i
There are other matter la con- neetion with Humphreys's evidenre
with view it
There is
extreme suspicion. is the Inet that by the ght! r
a single lamp he was able to see quite clearly and yet, after having en everything quite clearly, after teen everything having raise th
shout and after having dentilled. Dickinson as the man interfering with Dwyer, he chose to strike a few malchen.
COMMON SENSE VIEW
"Taking the common sense view. the threats uttered by Dwyer could not be serious or genuine, because he must have felt that Dickinson would not report him because he himself would be inculpated. Further, there 1s no evidence that Dickinson would
Besides, Dwyer, in report hum uttering these threats, always coupled them with the remark that Dickin- sot was bearing down on him and was treating him unfairly. The whole of the evidence bears no more than this,
"The only evidence we have as to their subsequent conduct is that there
mutual detestation, and although you may well think that that dislike would jave rise to threats, I submit that that dislike Is
very for from sufficient to provide you or anyone with the motive for committing the crime with which Dwyer is charged. "Does the evidence produced be- fore you suggest to you on the whole that there was a real motive for the offence? i submit, if you examine this evidence in the light of common sense and surrounding circumstances, you can come to no other conclusion than this; that there is no evidence to there was antive for the commission support the Crown's suggestion that
"When faced with the question s feet in them that this one is one to why he should do so after having fought with: Suttie Leisontable doub and not such as
seen everything quite clearly. Ham- upon the evidence would want a eviction.
pherya give an entirely new state-se serious a crime; that the dislike ment regarding what had taken place mounts to no more than threats. The Crown seeks a show
"You must remember that it has that night--an incident which he ball would Dwyer committed the crime through ever meutlused before.
been said Dickinson was unpopular the bruge utdress them afterwards $1 WILS
the steps of motive, dislike following
"He stated that the reason he with a certain section of the ship. he did not have an overcoal, and the necessary that he must, to some ex- upon that motive, n number of threats
struck Interval of time between leaving the tent. anticipate the arguments of the arising from the dislike.
the matches
because So much for the inotive of dislike. Wis the bridge and getting to the recreation defence,
Dickinson dived under a table and purtunity of committing the offence.crawled under it to make his get- space was but a few minutes. [ Referring to the Jury's long atten- the wheewithed to commit it and. followed that Dwyer picked up the ton to the ense, Me, Whyatt reminded what the Crown chooses to call the away. overcoat between the bridge and the them that with the right of citizen-Inqsortant evidence of the overcont.
"All these incidents happened offer Dickinson had been identified, and in recreation space, and this laterval [ship there were also duties, and they Finally, there was Dwyer's conduct
the light of these contradictions, enn was narrowed even more by the Tartlaust return a true' verdict accordinēt į subsequent in the shooting."
you believe his evidence? I submit you cannot.
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PECULIAR FEATURE "There is a further peculiar feature
SHEER MADNESS "We come now to the third of the Crown's points the threats. These threats were uttered in the course of conversation held with no less than 11 persons.
"Is that the conduct of a man with any serious intention to commit mur- der? Is that the conduct of a ma who has formed a definite plan to
this offence?
In connection with his evidence and hat was he doing if these were
that is this: They were found to
gether in the flat and the inference the circumstances? It was sheer the Crown asks you to draw is that madness on his part to advertise they were there for un Immoral bimself and gave himself undue offence.
publielty.
"The number of mes Dwyer uttered these threats and expressed his dislike of Dickinson should warn (Continued on Pape 3.)
"Dickinson found them there and asked Humphreys to go back to the mess. Humphreys did so but stayed awnke, being sufficiently curious to want to know what has happened.
"But what did he do when Dwyer came back? He was suffelently con-QUICK NEW STRENGTH AFTER tent to go to sleep after hearing Dwyer mumbling things, the thing he heard being the name of
only
ILLNESS
Dickinson. Is Dickinson such a name After a severe iness you feel so as to register itself clearly upon one's weak, you often despair of ever mind when heard with a series of getting your strength back. Especial mumbled words by another person?y after operations, or wasting and
You to
see the serious position which other diseases, that affect your Humphreye was in If his evidence is digestion, the thought of food is dis- to be believed the predicament in tasteful. Yet you must rebuild your which he would find himself if the body--you must have highly nourish- Crown's case that he and Dwyer went in food,
to the fint for an Immoral purpose Doctors everywhere recommend was true.
Horlicks the food, that not only Not only Dwyer but Humphreys con be easily digested, but that would be reported. Standing by stimulates your faded appetite and Itself, this evidence mattered nothing pours quicic new strength into your at all but if you regard it in the light exhausted body.
of the evidence as a whole I submit Convalescence in shortened and in that it is not the kind of evidence on an amazingly short time you feel full which the Crown could rely to seek of
a motive for this wicked
The showing of the buWhat
vigour and strength. Always keep Horlicks ready at hand.
is the suggestion there? There was and worry, the task of carrying on In these difficuli times of anxiety no question
of Humphreys being sworn to secrecy, no question of any is a doubly dimcult one which must and doing work which must be done particular caution being exercised. There was a plain, open conversation,
tend to exhaust one's nervous energy. the upshot of which was Dwyer vo- Horlicks builds up strength, vitality luntarily taking Humphreys to his and prevents that laticascas and lucker and showing him two or three redness caused by constant nervous rounds of ammunition. What would strain. H. M. Hodges, 400-408, Asin you expect of it in these circum- Life Bullding, Hongkong,
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