1939-01-24 — Page 6

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THE CHINA MAIL, JANUARY 24, 1939.

ACQUITTAL IN MURDER TRIAL AFTER JURY ARE SENT BACK

THE MURDER TRIAL AT THE CRIMINAL SESSIONS IN WHICH TWO CHINESE, CHAN YEUNG AND TSE CHUN, WERE ACCUSED OF MURDERING A FELLOW IMMIGRANT, WONG KWAI-FONG BY POUNDING HIM WITH HUGE. ROCKS, ONE AT LEAST 65 POUNDS IN WEIGHT, CON- CLUDED THIS AFTERNOON WHEN THE ACCUSED WERE FOUND NOT GUILTY BY THE JURY.

because he was as

ľ

The jury retired at 12.45 p.m. charged was and on returning 45 minutes later confused, as a mad man. indicated that the verdict was 5 After a series of questions he to 2. They were instructed to said: "Don't ask me so much. If retire again by the Chief Justice, you say my story is incorrect led Sir Atholl MacGregor, who it be so. What can I do? Whether stressed that they must be unani-I am guilty or not it is for you to decide. I don't care, and I am mous in reaching a verdict.

prepared to die."

Thirteen minutes they return- ed and unanimously found both accused not guilty.

This morning first accused said, under cross-examination, that he did not deny having been to the stream when he was. formally

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Second accused was not called to testify.

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of

STORY "UNBELIEVABLE" In his address, Counsel for the Crown asked the Jury to believe the story told by Chan Chun and submitted that the evidence first accused was unbelievable.

First accused, he said, had sug- gested that Chan made a scape- goat out of him in order to save his own skin, and that Tang Lau- mui and Tau Pei-chai, who had escaped, had a hand in the murder. What could be more reasonable, ask- ed Counsel, for Chan to put the blame on Tau, whom he did

not know, and who had run away, than to make a scape-goat out of the first accused, who was a friend of his?

Mr. Geo. She, suggested to the Jury that Tang Mui-lau must be, directly or indirectly, responsible for the murder. It was he who met the party when they arrived in Hong Kong and who subsequently took them to the stream.

ALLEGED DISCREPANCIES Commenting on the discrepancies and inconsistencies in the evidence of Chan Chun, principal witness, Counsel said that Chan's position as accuser might very well have been turned into one of, accused if the prisoners in the dock had gone to the Police first. He was the only man in the party who was available to give evidence, and in view of his discrepancies, his story must be viewed with grave doubt.

In his summing-up, His Lordship said the Jury must be all agreed that Chan did see the murder com- mitted because it would be in- credible for anyone but an eye- witness to give a story so detailed and corroborated by medical testi- mony. This, however, did not fol- low that because Chan had 80 truthfully described the order in which the blows were rained on deceased, he necessarily was tell- ing the truth when he alleged that accused were the murderers. There were other people there, and they had not given evidence.

"ACADEMIC PROBLEM" Dealing with the suggestion that Chan was trying to save the own skin by finding a scape-goat, His Lordship reminded the Jury that the only thing which they were concerned was the innocence or guilt of the prisoners, and not with any academic problem such as the guilt of Tang or Tau. If the Jury were satisfled that the prisoners in the dock were nothing but scape goats, they should return a verdict of not guilty. The statement made by first accused when formally charged was an admission that he was at the stream, and if his evid- ence in Court that he was not there was accepted then. the story of Leung Wah, ** who said he met the party in Taipo "Road, must be thrown aside,