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objection, some piece of evidence had been excluded which would have gone to prov. ing the guilt of the prisoner.
Mr. Jenkin again urged the Judge to take the action he had already suggested The Chief Justice: I tell you at once, Mr. Jenkin, I won't reserve it.
+
Mr. Jenkin : If your Lordship refuses to reserve it I must withdraw my objection because of the harm it may do to the prisoner's case. I would rather have
it out and see what it really comes to. Although I stick to my objection that it is inadmissible I feel now that the only right thing to be done is to let the jury hear what the evidence really is. His Lordship then left the Court to confer with the Puisne Judge.
Returning a few minutes later he said to Mr. Jenkin. "I understand that, in the circumstances, you are not object- ing."
Mr. Jenkin: No, my Lord.
THE NEW EVIDENCE.
THE HONGKONG WEEKLY PRESS
Witness: Yes.
Did you discuss this with him -I have mentioned it to him this morning.
Who was the other gentleman on the verandah -Mr. Brister.
There was a lady in the office named
Mrs. Evans?—Yes, she verandah.
was
the on
[March 25th, 1922 Lau Kwing Yuen, photographer, said he took photographs of the pillars in Statue Square.
SEEN FROM THE PAVILION.
A youth working on the reception pari- lion stated that whist on the Praya side of the pavilion, on the scaffolding, he saw three or four men outside the The Attorney-General told the Chief new pier hoarding and about three Justice that Mr. Sinclair was the head site side of the road. He saw a ricksha at the corner of the garden on the oppo- of Messrs. Reiss & Co., for the moment, passing with a Chinese in it. The hood in Hongkong,
was up. He then saw one of the three out first, the others following. One pull- men from the corner of the garden come
ed the hood of the ricksha aside with his left arm and flung his right arm up, and then the witness heard
a report,
His Lordship said that in the interests of Mr. Sinclair, he should ask the witness as to nature of his communication.
Witness: I went in to see him with my hat and coat on and told him that I was thinking of going to see the Attorney- General with regard to what I had seen. He replied that he could not discuss the question but if I had seen anything it was only right that I should go. That was all that passed.
His Lordship observed that he did not think the slightest objection could be taken to that.
A
Bang.' The three men ran towards the Queen's Statue and the men outside the pier hoarding also ran. After the ricksha driver had run about eight or ten faces the occupant fell forward and the ricksha was dropped. He saw European there, he could not say if Capt. Morgan was the man, but the man was about his build. The European ran towards the Queen's Statue; that was at about the time the ricksha dropped. He did not see the prisoner there on that occasion. The man who fired the shot was a very tall, big man. On March 18th he identified the prisoner as the man he had seen under arrest. The prisoner was not one of the three men who came forward when the shot was fired.
After the conclusion of Mr. Larking' evidence Mr. Jenkins asked whether the Attorney-General proposed to call the The Attorney-General asked the witness other people whose names had been men-if he had talked to any of his fellow tioned. Mr. Kemp replied that he did workmen about this matter. The witness Pressed on the matter not consider that they would be able to said he had not.
"Of course I furnish
Mr. he said with some heat, any material evidence.
Would you Jenkin asked that in any event he should would not talk about it! be provided with a proof of their state dare to talk about it, here and there, ments in case he decided to call them him. about someone being shot?'
self.
"
IN QUEEN'S Square.
The Attorney-General then called Mr. D. M. Larkins, an assistant in Messrs.
The foreman of the jury asked how the Reiss & Co., top floor of Queen's Build-man like a coolie whom the witness saw ings. He said that part of his firm's running was clothed. offices faced Statue Square. At about The witness answered that he saw him 11.45 am, on February 24th, he was sit- through a pair of field glasses after he ting at his desk beside the window. He had been brought back. He had no hat heard a report and a shout. He thought on and wore a dark or a blue coat. it was a cracker fired probably by a sam- pan coolie and took no notice of it. Somebody shouted that a man had been shot and witness walked on to the verandah and looked over the railing. He saw three scenes. As far as he could remember he first saw a European with a stick running towards the Queen Victoria Statue from the Praya; also one or two Chinese firemen. He then looked towards the New Statue Pier and near the eastern end of the hoarding saw a ricksha with a body lying over the shafts. Witness then looked towards the Bank and saw a man who looked like a coolic running towards the bank on the pavement on the side of Wardley Street nearest Bank Gardens. He watched the man until he disappeared across Des Voeux Road around the corner of the Bank, in Wardley Street. Witness then telephoned the ambulance and on looking up again
What did you think you were being saw a man being brought back between held down for?" asked the Judge. The Interpreter: The witness used the two firemen, followed by the European,
"I do not know why," said the pris-expression, from the direction of the Bank. There oner.
them," were half a dozen or more Chinese in the rear of the European. He did not notice anybody else in front of the European. When he looked at the man like a coolie who was running he saw nobody else run- ning except the pursuers he had men- tioned.
The Attorney-General: Mr. Larkins, you came to see me about ten o'clock this morning-Yes.
When the Attorney-General had agreed to do this the case for the defence was resumed.
A man working on the pillars in Queen's Square said that on the day of the occurrence he saw the prisoner look- ing at the pillars and statues. He heard
CASE FOR THE DEFENCE RESUMED.
The prisoner again went into the wit-a ness-box.
The Attorney-General was cross-examin- ing the prisoner as to why he did not protest when arrested, when the Chief Justice intervened.
When did you first know you were ac- cused of murder -On the Praya.
Did you then protest your innocence - On the Praya, I said I did not do it.
Whom did you say that to?-I mention ed it in general.
You did not hear cries of " Seize him? I did not.
The Chief Justice: The man who knocked
you down heard them and Had you previously communicated with thought they applied to you. He says the police or the authorities on this you were the only person he saw there. subject-With the exception of a tele- When the hearing was resumed after phone message for the ambulance,-no. tiffin questions were put to the prisoner Mr. Jenkin Taking in of these three by Mr. H. W. Bird, on behalf of the mental pictures was only a matter of a jury. Mr. Bird asked why the prisoner moment-Yes.
was registered at the seamen's guild in October if he did not become a seaman The prisoner replied, until December?
I joined the club at that time." Mr. Bird: We want to know "why," my Lord.
The witness then marked, at Mr. Jenkin's request, the relative positions of the persons he saw running.
Mr. Jenkin: The only things that re- main clear in your mind are the three "" pictures," as the Attorney-General has put it?
Witness: Not quite all. I did not mention that, at the time I saw this coolie running, he was absolutely alone on the path in Wardley Street. That I am positive of.
Mr. Jenkin: You are in the office of Messrs. Reiss & Co.--don't think I am making any suggestions of impropriety, because I am not but one of the gentle men on the jury is in the same office?
Nothing definite was obtained from the prisoner, however, until later, when Mr. Jenkin elicited in re-examination that, because business was bad, the prisoner registered with the guild in order to become a seamen when the opportunity
occurred.
The jury also questioned the prisoner as to his name being the same deceased's.
as the Was he of the same clan? asked Mr. Bird. The prisoner said he did not know the deceased, nor whether
he was of the same olan or not.
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bang and then saw two men com- ing from the Praya; they ran very very fast towards the tram lines. Later, seven or eight men cale running from the same direction. Some went one side_of the Statue and some the other. The pri oner joined them.
"He foolishly fol'owed
The witness saw a European there but could not say if it was Capt. Morgan. It was a man of about the same build. The European chased the prisoner. The first of the two Chinese he saw running first was short and thin in dark coloured cloth- ing; the other was taller and was dressed in grey.
Cross-examined, the witness said he went to his tiffin after the running men went past.
The Attorney-General: Like the last witness. Is your sight good?
Witness: Whether my sight is good or not, I have told you what I have seen.
I am going to suggest that this whole a fabrication.-It is story of yours is quite true; I saw what happened.
The Attorney-General remarked that the witness had to go quite close to the prisoner to identity him."
go close; I
Mr. Jenkin: I made him pushed him forward.
Witness: I must have good sight before I can be a mason-(laughter).
The Attorney-General: Were you work- ing hard at your plastering?
Witness: I looked at the prisoner be- cause he was hanging round.
A little later the witness was tested as to his idea of the passage of time and he read the clock on the other side of the Court, correctly, as eight minutes to four. The Attorney General remarked that it was a good test of his eye-sight.