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THE CHINA MAIL, JUNE 24, 1938
A..
DRAMATIC CLOSING STAGES OF TRIAL
(Continued from Page 1)
They suggest that there was tinued, a not a grain of truth in anything just such
in
man was murdered
circumstances as had
he said. On what do they base this been mentioned, did the jury see
the coincidence? contention? -
"Dickinson was
who
a man
(1) Inaccuracies as to times. (2) Discrepancies in Dwyer's Dwyer hated more than anyone. He state in the Boys' Locker Flat, whe- hated him so much that he thought he should be removed. Was it not ther he was naked or not and
(3) The fact that Dwyer was a most astonishing coincidence, al- working in a side party when an though the defence might possibly someone forestalled incident was alleged to have taken suggest that
Dwyer in his purpose. place.
BOOMS OR GALLEY? "Because of these discrepancies, the defence say that Humphreys At yesterday's hearing, the de- was a liar, and a thorough-going fence was reduced to suggesting
liar at that.
that the murder may have taken You'll re- "I submit, members of the jury, place from the galley. that in the main outline and essen-member that Dwyer left the galley tials of Humphrays' story are cor- flat when Dickinson was going off there rect. In the middle of the night, to sleep and was not seen Dwyer went to this witness and in- again that right. In his statement duced him to go to the locker flat to the Commander, he said that he and the whole purpose in his so do went to the starboard bollard. ing was an immoral one,
"My learned friend yesterday WHAT MOTIVE?
made nice efforts to show that the "Do you think that Humphreys shot was not fired from the booms was telling you a tissue of lies. I and tried to show that it was fired put it to you, members of the jury, from the galley. that he was not telling lies. What could be the motive?
a
"What does it matter where the shot was fired as long as we know it was on the port side.
"Have you ever heard of a man coming to a court and telling "I'll tell you. Because if the de- story that was extremely damag- fence could establish that it was ing to his own character. What fired from the galley, it would wash could be the motive?
"The motive obviously was
.
out a good deal of previous evi- not dence."
to come forward and say that he had contracted a disease,
THE OVERCOAT
Crown Referring to the overcoat, Counsel pointed out that it was seen in the booms at 2 a.m., but at 6.30 a.m. it was not there.
"It does not stop there. It is suggested that his story about being
Crown Counsel suggested that Dwyer shown ammunition in the locker came off duty at 4 a.m. went down room was untrue. It is a curious the ladder on the starboard side and fact, members of the jury, that this picked up the coat while on his way story fits in with what Dwyer has from the flag deck and the gun deck.
When Dwyer left the flag deck he been admitted to have said on
had no overcoat, but when he entered to several occasions. It also fits in the Recreation space he was seen
So, said Crown Counsel, with the fact that Dwyer did have possess one. live rounds in his possession on it followed that Dwyer picked it up, on his way, after being relieved from May 2, the night the murder was! duty.
committed.
"I ask you, members of the jury, was the man Humphreys a liar. He had no motive for telling a lie and I suggest that you can't con- sider him a liar.
"DOES IT MATTER?” "Let me assume for a moment that Humphreys story was, in fact, not to be believed and his evidence is to be wiped out. Does it really
matter?
There was one thing certain, said Mr. Whyatt, and that was that Dwyer did not pick the coat up-from-the-Up- per Deck as he stated he did. Dwyer told a lie when he said he picked it up from a fan cover for there was such thing as a fan cover on the upper deck.
по
Crown Counsel submitted that this could only be suggested as proof that Dwyer picked up the coat in the booms. MAIN POINTS
Crown Counsel stressed that Dickinson was shot from the booms after Dwyer declared that he was go- ing to do so.
"We know that Dwyer had said
Dwyer stated that he would shoot that he hated Dickinson. We know Dickinson at the first opportunity ho that he persisted in his threats got. against him time and again. I Dwyer had this opportunity between suggest that even without Hum-12 midnight and 2 a.m., and Dickinson phrey's evidence, these facts stand was shot at 1.83 a.m. just the same.
"Without this evidence we have still-proved that there was the mo- tive o. hatred, that Dwyer had made threats and that he had the ammunition with which the crime could have been committed.
THE THREATS
"It may be suggested that most of the people who heard the threats considered them to be idle but you remember what the proprietor of the Hotel New York said. When a man has had one or two drinks his tongue is loosened and he talks freely. In that condition he gets pretty near the truth.
Dwyer had asked whether it was possible to commit a murder on a veg- sel and get away with it, and 24 hours later Dickinson was murdered.
that Dwyer had expressed a wish Dickinson would never get to Wei Hai Wei.
Dwyer left the galley flat after Dic- kinson went away from the door never Ito return.
Dwyer was seen carrying an over- coat when he had no purpose in using it.
7
Dwyer was seen carrying the over- coat down to the Recreation Space.
Dwyer told a lie when he stated that he left his overcoat lying on a "non- existent" fan cover on the upper deck. Dwyer had live rounds of ammuni- tion in his possession without excuse.
From this, Crown Counsel submitted that inferences could be drawn leading Discussing the mentality of the to only one reasonable conclusion.
DEFENCE COUNSEL murderer, Mr. Whyatt mentioned The Honourable Mr. Leo D'Almada, the conversation with McKay, when at the outset, contended that the Crown Dwyer asked if it were possible to had not discharged the onus of bring- shoot a man on board one of H. M.'sing home to the prisoner the offence ships and get away with it. submitted that these were threats, they emanated from mind of a man about to commit an overt act.
“COINCIDENCE?”.
which he was facing. The Crown has He sought to prove by several different not kinds of circumstantial evidence that the accused was guilty of the offence.
In a few days, Mr. Whyatt con-
a
The Crown had endeavoured to prove motive for the crime, continued Counsel. It had been suggested that Dwyer hoped to become a ward-room
(Continued on Page 24)
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