1938-07-12 — Page 4

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THE CHINA MAIL, JULY 12, 1938.

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ISSUES RAISED IN PEAK MURDER TRIAL

On the subject of an epileptic equi-

mitted. a crime while in that condition

The Supreme Court was again valent, Dr. Thomas said that it was crowded with spectators, with inconceivable that a person who com- European women in the majority, would make preparations. when the Peak murder trial was Witness continued that he would ex- resumed before the acting Chief pect a person who had committed a Justice, Mr. Justice Lindsell.

crime and advanced the excuse of epi- leptic equivalent, to have a long his- tory of epilepsy and to have several fits a year.

A person would not have attacks of

Early proceedings were mark- ed by legal argument between Mr. John Whyatt, for the Crown, and epileptic equivalent unless addicted to Mr. H. C. Macnamara, defend- fits.

:

ing, regarding the admissibility Cross-examined, Dr. Thomas said of the statement taken by a de-that it was possible for person to have tective Wong Hip from accused, a fit and be quite unaware later that His Lordship finally ruling in fa- he had been so attacked.

Mr. Macnamara; Is getting a ham- vour of the prosecution on the ground that the statement, tend-mer and assaulting the servants and ed to show the state of mind of after getting some beer and going on the roof to drink it consistent with the accused, after the attack.

story an epileptic equivalent.

Dr. Thomas, who said he had Witness admitted that on the cumu been in charge of the Mental Hoslative facts this was so. pital for ten years, said that ac- He said that he did not apply any He said whilst he was under his care. cused was placed in his care recognised intelligence tests to accused with a request that he should that it was his method to judge pa- take particular note of his men- tients intelligence by observation and tal condition, in view of the na-conversation. ture of the crime.

UNDER OBSERVATVON

ACCUSED IN, BOX

Outlining the case for the defence, Mr. Macnamara, indicated that he Witness said he did not ob-would call evidence to establish that serve any signs of an abnormal accused had been subject to fits on mental condition. He observed previous occasions and that Dr. Pfis- ter, a brain specialist, would say that him at various times, sometimes in his opinion, at the time of the crime. without knowledge of accused. accused was suffering from an attack Neither did he gain the impres- of epileptic equivalent. sion from conversations he had with accused that he was men-in the box. tally affected.

Lam Chun, accused, was then put

He said that he had been in Hong Kong since he was 14 years of age Dr. Thomas related that about and had been a houseboy ever since. a week after his admission to hospital, prisoner made a long statement to him about the way he received his injuries.

"He told me"; said Dr. Thomas, "that there had been a conspiracy among the servants to injure Mrs. Challinor, and they planned that night to carry out their design,” ·

*

He had no relatives in Hong Kong but had a mother, wife and two chil- dren in the village of Yan Ping.

He said that he was known to many people as "ailly” and “crazy.”

He had paid various visits to the in Yan Ping Villagers' Association the central district of Hong Kong and on two occasions was accused of breaking articles on the premises. He did not know whether such accusa- tions were true. He had no recollec Accused said they waited until 4tion of having broken anything.

he Was a.m., for one of the servants to Accused continued that return. When all was ready, ac aware that he was charged with at cused armed with two knives and tacking Mrs. Challinor. "People said that I did. I don't know whether its another servant with a hammer

true or not. There is no reason why went up to the bedroom. He was I should attack her." suddenly pushed inside and the *ACCUSED ON STATEMENT light switched on. He became in-

Referring to his statement to Dr.” volved in a struggle with Mr. Chal Thomas regarding the servants' at linor and slashed about him right tack on their employers, accused said. and left. He then ran away. He that he sometimes did utter things which were not true. Sometimes I went down to the servant's quar think I am telling a true story, but ters meaning to attack them. Then when I think about it I realise it is he went to the roof and jumped not true. down. He was dazéd, but later went

Witness sald he took his things to 551 The Peak ready for future" ser to the roof again and jumped once vice because his master said he was

more.

Dr. Thomas said that when he told this story, accused talked quite rationally and showed some anger consistent with the nature of the story.

going back home."

On one occasion, said accused, went on to the roof because he felt an earthquake. He saw a lot of peo- ple around. Later on he drank

bottle of beer and then fell down.

He did not remember anyone, ques- tioning him. Mr Whyatt (cross-ek- amining): Did I hear you right when Accused later asked him to write you said you sometimes say things to his mother and tell her not to which are not true and then think worry. He gave the impression that things over and know they are not true. When did you realise that your he realised what he had done and statement to Dr. Thomas was untrue, that he was

as conscious of the conAbout two months after, when sequences. He knew that Mrs. was taken to the Police Station: Challinor had died.

SURPRISED AT QUESTION

| Witness said that on one. öcer When he asked accused whether

valsions:

LEPER ACCUSATION

Asked whether he did not get angry when accused of being a leper as 'cused said that he was not a lepé and it did not matter what people

“Mrs. Challinor once said that one. told her that I did not tell me

moved at

unsolu Taxit not 1

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