THE HONGKONG TELEGRAPH, FRIDAY, JUNE
24,
1938.
Defence Asks For Dwyer's Acquittal GIBSO
(Continued from Page 1)
you of the danger of inking them seriously, of saying that because of these threats we feel that there must be something in this charge.
"What would you expect normally in a case of unla kind. Do people go nhout saying they would do some thing which they were going to do? If the Crown put before you evidence that in an unguarded moment Dwyer mentioned he was going to murster Dickinson then you will be fully en- titled to take that against him, be- cause that showed the man had such intentions In his mind. But in the light of the openness with which these threats were uttered, you can come to no other conclusion than that these threats are to be treated at no more than their face value us, in
fact, they were treated by the men
heard theUN,
vsir);
must
end
light as the other evidence produced and
Inconsistent with
any
a
Must require reasonable explanation, but if a rea- sonable explanation occurred to you yourselves, it is sufflelent. If the evidence la equally consistent with guilty and any other hypothesis, tin the Crown will have falled to prove its ease. Apply this test.
by the Crown, You are going to other reasonable hypothesis? Not regard it from the point of view of that you the gravity of the offence. The greater the offence, the greater is the element of truth required. Are you satisfied upon the evidence in this case of the identification of that coat? Are you satisfied with the identity of that cont found in the recreation space and the cont Dwyer was seen carrying down after the murder? What is the evidence of that point?
MISSING BUTTONS
The coat in of standard pattern. There is nothing peculiar about
at the except for the broken tag
Can back and the missing buttons. you belleve what Burns hud said? ite suid: noticed several buttons were missing when Mackay lifted
Can you up in the recreation space." believe that the man was so obser-
t
D
13
COAT FOR RAIN
there in order to get it later. 1
"You hove from Dwyer's own statement that he went down to get a cont because it had started to roin. Later that morning he found out thai the person whom he was going to relieve was in possession of en dil- skin. When Dwyer got this cont, he placed It In the fan cover which 'was on the way up to the deck where he was going on duty. He placed it Before doing tricks, he realised that he would i "Can you say that ཎྞཎྞཾ1ཐཱ" ༥ཐཱr threats
have who taken as evidence got to want that he would have noticed the mist garment was preferable to an at his disposal an pilskin. Even buttons.
it you Drove that Dwyer committed this mig
Burus dat overcoat in the circumstances. murder?
In is naturai lo assume in accept the evidence of
he moment
notierd Captai
is that an irrational hypothesla? circumstances that a man -
the cont, Are the facts only consistent with tending to commit a crime, advertises, the missing buttons on
101 move likely that gult? You can it for two months on
come to no other before doing it?
fueying noticed the missing buttona; conclusion than this, that it is con
The very and having come to the conclusion sistent with the evidence. ront in that it was the same coat. his mind removal of the
not only un thrown back and he said that be consistent with guilty but is did notice on that particular serasion¦ much more consistent with intivcence, that buttony
ons were missing
when you consider that there wis Matthias nothing in that coat by which it could Now woning to Marthlas. it Dwyer wis
went to the booms shortly after tim be traced to Dwyer in a position to shoot Diekiniseni be-
for me purpu was sleep-
only Cause he knew where he
There may be evidence leg, were they all
a tarch to lank muy satisfy you of the identification At trust there! went up there with
Fife, revolver, ammunition of ahow
of this roal that for an
If the question which ants shells
1 admits he came you are asked to supply failed the Carross the roal and paid no allentina | fest, it leaves muy an element of ito "
H Br fosenel nothing
was suspicion, which is not enough to Joning for The coat goes out of his and Dwyer quilly mand from then onwards and it was ang until seven days later, before the Board of Inquiry, when the coat was
amatured that he remembered it
is
ከሆነ
"The next pourt that the Crown brings I support at its CANU
opportunity," but if Dwyer wns # position to commit this offence, se al Jeast were 130 men steeping on the steek that might
10.
is ample evidence several pople sow Dickinson getting Cumpty searly to sleep that aught
OPPORTUNITY FOR ANYONE
very-
The Crown must admit that the opportunity was present for body, but the Crown suggests that there was not only oppor triralty Dwyer's part but conduct pointing to him as the man, and that condit le in his partjetilai mes ements that
H 1--
5411
that he
VOLUNTARY INFORMATION
H
The only ps who mentioned Be cont at the Inqury was Dwyer Whni Wis he slug" He WIN
aumen We have no evalence from wording to go on Bricks He was p
the permeation space sweeper that the of the watch at Uni puntirutal time.
Dwyer volun- os pront was there and there is nothing ununtural for a
tarily gave information is the be evnt man in these circumstances to walk
in nhewig to a neutral spavation round about especially
was tot asked of tut whether he had perature such We have hond of
I was so suggested any garment the Dot- and know a ship as hot as
was seen with a garment setshire (as you atenterh know
Ma mention of the coal was not o Visit your
alleged by the "Dwyer's movements.
been up on his port an
submit that as the import Crown spoken of by several
ance of this case, you cannot possibly beyond all reasonable saclasBend doubt that the identity of the Dwver was carrying down was the sue seen by Matthias
frosn
Juve PENGIN heals.
order to go tu
Dwvri would have to leave the recreation
port
starboard and the Crown choose
space and go forward by
way that that is sortir
evidence
committed the offence
th
To
T
show that Dwyer was the man who, „I
"Let us ussume that you do accept The evide mere 1st ti sume that He you feel satisfied that thear 15 1363 Then there is anothe: teacherst
cunt left by was sitting on the guard rail trying; doubt at all that the
Dwyer White sow him and m-
in the recreation splatte wam In be sick, mediately reported to Smout. but the cont left in the fun covers on the Loomas, and was the evit tuken down the latter said that when he 200A* Dwyer there were no signs of han, by him some time between 2 and 4 a. that morning. What would that I ask you in the being sick. cumstances whether you enn necept exceptionally brillant man with two White's evidence Is thut starli months to plon th murder do in cus He had the matter as to make you think it was, cumstances of this kituf, an index to Daver's guilt” Is that time to prepare the crime and U1830* such a matter as would make you to consider the whole position care- If that thellired to say to yourself that this fully That is he suggeston man's conduct is such that we eans so, would he have volunteered the cone to no atiter eumeitssion than that information regarding the enf
"There
to comment was nothing i did it?
f other words are you going to wyn with the bums except this say that because every one on beardirent
very
which
I have dealt with the motive, dis- bike, threats, ammunition, opportunity and the overcoal
ALIBI CONTENTION
The st one, is
Dwyer's
subse
|
THIEVES TAKE BIG RISK
For the second time in less than eight weeks, thieves have interrupted the supply of electricity in the Pok- ful district by stealing the lend shenthing around the high tension
cables between Victoria Gap and the Pokialam sub-station.
This enble carries an electro-motive terce of several thousand volts, and is extremely dangerous,
Last night the thieves dug up about 150 feet of the cuble and varefully cut the lend sheathing away from the rubber-insulated wirea. A slip of the knife or other instrument which they used might hove resulted in electrocution.
reporting the malle to the of the Police, Mr. E. Thompson. Hongkong Electric Compony, stated Dial the cust of repairing the damage will be about $600.
Arising out of the previous incident of the nature a 10-year-old youth, Wong Tang-ka, appeared before Mr. Ruiters of the Central Magistracy this morning, charged with the lar ceny of 10 entties of cable lead.
A remand of 72 hours was granted
.....
LONDON STOCK EXCHANGE
atient conduct The first suggestion | YESTERDAY'S CABLED
that wyez attempted to provide himself with an alibt
There was the mention of the Chinese in his statement, which was The statement he made, only casual. first to Smout and then to the Com- ammirats to this, it plaisi under otalement of facts that he saw White and a Chinese.
"I was curious hat of the large
number of Chinese on the ship who would use the heads, no ni admitted hurting gone there that night. They may not have known of the murder
but must have known that soine- thing was amies. The fact that Dw- yen falled to pick out anyone and that the Chinese did not go to the heads should not
any H ՄԸ՝ weigh against him
Wat
QUOTATIONS
London, June 23
10 3 after 1032) Canton-Kowloon Rly. Chinese 49% Gold Loan,
123isit Ismule) Chinese 3 Gold Hands.
1025-47
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June 22 June 23
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Lung Tsing & U. Hai Rly.
545, 1913 Sannghal-Norking
Ry.
Tiestain-fukow Bly,
11
(Brit. Styd.)
to
"The importance of this evidence tak teren too much stressed by the Crien
It was the Crown itself that first suggested this alibi The prose cution said that Dwyer's object picking out a Chinese mast I
br establish an affbi.
Tientsin-ukow Riz. 3%
(Ger. SipuĮ Tientsin-Pukow Rly. 5on in (Brit. Sipd. Supl. Lon) "From the very wording of the
Tientsin-Pukow Rly. B questions put to Dwyer at the in-
(Ger. Stpd, Bupi. Lan) Japan Sterling Loan.
1007 quiry, it was obvious that he did not attach_much importance to the Chin-
Japan Sterling Loan, You see, gentlemen, it was not 1024 Dwyer who was treating the Chinese German 75 sternaitonat As an alibi. The idea appeared to Loan. 1924 have occdtied to the Bourd at the time. It he had done so and failed. obviously that would have been against him.
1'80'
bured sune opportunity you coute! rule out everyone else, benuss
GUILTY MIND?
of
this beged tident th
1
crime
un "
TWO OR THREE ROUNDS
In the night of the Crown's un case, are you going to besheve that thut cont was there, it had been used by wyer for a pupose other trata an innocent one after gong off tracks?
backp.m.
"Asther matter Li
the Does that appear to you as a reason- which Crown attached impariance is the am able proposition if he did munition
He
HIS
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Chartered Bank of LA. Shot Banking
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"A"
FEIGNING IGNORANCE
"Dwyer. If his story
as alleg | e•cl bv the prosecution1 15 true,
first learned of tho shooting Cv. from: Murphy little after 2 subsequently expressed surprise MAL hearing t. My friend has sold that Was Reinember these points, reigning Ignorance and Wrong formation as to where the overemat was placed.
tion were found in Dwyer's leker, ofject was to remove any trace from procrisy.
but what of it:
was no
10 No one
that the
Two rounds of autumn- for the coat with a guilty mind, his complete
1- the booms at all There There was conflict-
Regan trace or possibile connection with hira- ing evidence this point
Up to that me had said there were 11- vonunda, sell in the booms
no one but seen Dwyer The Crown while Morris stated there were two.
"Morris is positive about the nam¦ ease was that he used the roat ber. because there is one little bit bring a rifle up under cover of evidence supporting him This had see him with a coat efore evidence, which I ask you to accept. There is no evidence that Dwyer must is that Morris mentioned that at the have known and
realised New York Hotel Dwyer said, one for rout could possibly be incriminating. Dickinson and one for myseit*
"If he removed the coat, it must be for the purpose of getting rid of But what illd he do? All he did way to go down into the recreation space openly wearing the oilskin and
There was no carrying the coat. question of hiding it. He leaves it there by thrownig It on a space.
"Can you suggest that in these circumstances, he must have had guilty mind?
There was nu nume un
If you are going to attach any im- portance at all to the ammunitkin being found
the locker, you are to attach Importance to that as well, not only from the point of view of the Crown but also the defence, ma- turally.
"If Dwyer had two rounds of am- munition, and two rounds were found In his locket. there never
Was
third round with which he was al-
leged to have shot Dickinson. mit that that round
from Dwyer,
never
I sub- came
TWO MONTHS TO PREPARE
I
was
n
the coat, and there was no evidence that he ever had an overcoat,
"If he had taken the coat to cuver « rifle, would it not have occurred to him that he was perfectly sate in
The Crown suggests, then, that I he were innocent why should he ex- pressed surprise und ignorance of the offence having already heard of 117 Is not this reasonable explanation? Dwyer, a man of intelligence, having heard the news that Dickinson had been shot, thinks of it, ponders the event, conies to the conchision, which has proved to be too right, that he might well be suspected because he had made threats.
FEAR OF SUSPICION
deliberate
"In these circumstances, gentle- men, is it an unreasonable explana- tion that he, because of his previous threats, and fear of being suspected, might feign Ignorance of the event in order to avoid suspicion or cise meke regard to the overcent for similar false statement In
because it could not be traced back regard to the overcoat was not made reasons, because his statement in to him? For the fact that it was an until the Inquiry? overcoat and not an matter in his favour.
"No
leaving the coat in the
one
carefully
Cin
oilskin
cover
13
ון
Take my friend's own case: was quite obvious that Dwyer planning and scheming to take Dickin- son's life and that this murder was
planning a committed by a man who had given crime of this kind would not inve much thought and premeditation, realised that the fact of a man having Look at it from that point. Here is an overcont rather than on ollskin In kind might a man of exceptional intelligence temperature of that
IL
who had two months to prepare this possibly give rise to suspicion. crime. Can you imagine a man of
that calibre would be so stupid as WHY NOT AN OILSKIN? to take one round of ammunition away and leave two in his locker?
The booms are normally deserted at night. That is no secret. It is not and cannot be suggested that Dwyer was the only person who knew that the booms would be a good place in which to commit the crime,
THE OVERCOAT
"We have evidence that the oil- skin is longer than an overcoat and that it in opaque. A rifle could not be seen through it.
"Is that.. an
explanation which your commonsense cannot accept? You must realise the state of affairs aboard the ship. In that predicament and faced with the possibility of suspicion of this charge, he might have made a false statement and pretended ignorance of the whole affair.
"defy you to say that is on irrational explanation or hypothesis. f the explanation Is consis- tent equally with the fact of the position
and not only consla- tent with gulit, the point in the men, that if Dwyer was not using evidence goes and you reach this
"The question must have necess arily suggested itself to you, gentle
the
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DETENTION
Charged with being o vagrant in
be coat for the purpose suggested by position, that that part of the evid- the Colony, William Jackson, 27, the Crown, what else did he use it
ence is not such to warrant you say unemployed, seaman, was committed for? He did not use it when he went "We now come to the question of up for tricks. He borrowed an all-that it must point, and point to the House of Detention by Mr. W only, to the guilt of the accused. J. Lockhart Smith at the Central the overcoat, in which the Crown skin, because I had started to roin
"I have felt my responsibility vary Magistracy this morning. Det. Sergt. relles as a connecting link with the about 1 a.m. Allsopp or Gibson said
when one or the other was going off seriously, and you, gentlemen, feel Loughlin prosecuted, crime.
"There was nothing else to show duty, Let me have your oilskin. yours similarly. The burden of the that Dwyer was ever on the booms There is some suggestion of there case will pass on to you, but that night, nothing that the Crown being an exchange. Dwyer did not burden of proving the guilt of the You must be anilsfled to the point of
moral could find as connecting link to require any cover then. He knew he accused is always on the Crown,
there cannot be a conviction. these suspicious elements. To pro- would be relieving, Gibson,"
"It is the Crown's duty to prove
"Justice requires this, that the to "The proper way
fest vide that link, the Crown produces
the defendant's guilt, and that beyond greater the crime is for which a man the overcoat.
evidence of the Crown is this. You reasonable doubt.
is being tried, the greater is the cle- "How are you going to regard it? must ask yourselves this question. evidence, the You are going to regard it, and the Is any bit of this
"You must not say, "We don't know ment of proof required. Dwyer is and NO Inferences which you are asked to threats, ammunition,
who else had reason to do it, and being tried for his life, and you call- draw from it, in exactly the same consistent only with Kulity therefore Dwyer must have done it," not on this evidence, and him Guilty."
on.
certainty, and then, Count the
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