1939-03-28 — Page 4

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THE CHINA MAIL, MARCH 28, 1939

'Orange Murder Trial' Counsel's Submission

MR. HAROLD LEE, COUNSEL FOR FOUR ACCUSED IN THE “ORANGE - MURDER TRIAL,” SUBMITTED THIS MORN- ING BEFORE THE CHIEF JUSTICE, SIR ATHOLL MAC- GREGOR, THAT THERE MUST BE SATISFACTORY EVID- ENCE TO GO TO THE JURY IN ORDER TO BRING HOME A CHARGE OF MURDER. IN THIS CASE, MR. LEE, SUB- MITTED, THE EVIDENCE WAS NOT SATISFACTORY, THERE BEING NO COMMON DESIGN TO USE VIOLENCE IN THE COURSE OF THE ROBBERY AGAINST OPPOSERS OR INTERFERERS.

The Chief Justice, however, rejected, liable for the deed 'which one of their the submissions after Mr. John Whyatt, members had committed. Crown Counsel, replied on behalf of Mr. Whyatt replied that the law to- the Crown.

day was as it was in 1860 and had not Five Chinese, Leung Chau, 20; Lambeen modified as had previously sub- Kam-chuen, 47; Fung Chak, 21; Limitted in the Law Courts. If persons, Shek-man, 31; and Leung Tai, 43; were added Crown Counsel, carry out a fe arraigned for the murder of Leunglonious crime of violence, and in the Hung, one of the three partners of the course of that crime one of their mem- firm Wo Fung Money-changers, No.bers uses violence which results 155, Wuhu Street, Kowloon.

death, all are guilty of murder.

First accused was represented by Mr. Hin Shing Lo, instructed by Mr. C. Y. Kwan, while second, third, fourth and a fifth accused were 'represented by Mr. Harold Lee, instructed by C. Y. Woo.

The jury was Messrs. B. A. Proulx (Foreman), Tham Khai hong, S. 1. Potoulot, P. T. Mann, Wong Sun-yee, F. J. dos Remedios and K. J. K. H. Hanse.

ARGUMENT OVER STATEMENT

in

The Chief Justice rejected Mr. Lee's submissions. The proceedings continue this afternoon.

ROBBER OF BLIND MAN

At the resumption of the case this SENTENCED

morning, Mr. Hing Shing Lo strongly objected to the admissibility of a state- ment made by first accused before he was charged. The Chief Justice, how- ever, ruled that the statement was ad- missible.

Ordering. that $2,should be given to complainant from the Poor Box ac recompensation, and that ac- cused should serve 6 months hard labour for having stolen his purse,

The original copy of the statement was then produced and Inspector Carey stated that he took down the statement from accused. Interpreter Ip Hoi-to Mr. E. Himsworth passed sentence testified that he interpreted accused's upon Sín Yui, a 30 year; old unem- statement, which related how accused ployed who was charged with was awakened and gagged and bound

by the robbers. The statement includ- larceny from a blind Chinese beg- ed that accused possessed $65. whichgar, who was sleeping in Portland he had brought out from the village to Street on March 27. start a business.

The prosecuting officer stated Lau Chung, one of the nine robbers that at the time of the robbery, des who has turned King's evidence, relat-

ed how he met Li Shek-man, fourth ac-fendant had been accompanied by cused, a few days before the robbery two other men and was armed with and how they planned and carried it “a filed chisel. The complainant, who out. Witness stated that Lam Hoi

was asleep, felt his girdle being and Cheng To, two of the robbers not arrested, went to the cockloft where cut, and woke up. He had shouted Leung Hung, deceased, was sleeping out for help, whereupon the men Witness-related how they ransacked ran away, Defendant was later ar- the place searching for the keys of the three safes which they; however, did rested by a Chinese constable, who found the weapon on his person. The girdle which contained $5.10 was not recovered.

not find.

$1.53 EACH

After the robbery, continued wit- Street ness, they proceeded to Pitt and hired a sampan to go to the mid-

dle of the Yaumati Typhoon Shelter FOG OR MIST

where the spoils were divided into nine shares, each $1.53.

The following day witness read of the robbery and also that 'one of the victims had died. Witness then went

EXPECTED

The Royal Observatory reports

to the Police Station and gave him- & THURSDAY

self up.

He made a statement to In- that weak anti-cyclones are situat- spector Carey, and, acting on instraced over N. E. China and the Pacific tions from Inspector Carey, he made to the south-east of Japan. The inquiries from fourth accused.

depression is moving eastward to Cross-examined by Mr. Hin Shing Lo, witness replied that only six of the south of South Japan. Pres- the gang went to Yaumati Typhoon sure is relatively low over Tong- Shelter. The other three proceeded in king.

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a different direction after leaving the money-changers' shop.

COUSEL'S SUBMISSION Mr: Harold Lee, Counsel for second, third, fourth and fifth accused, sub- mitted that in order to bring home a charge of murder, there must be satis- factory evidence to go to the jury. There must be evidence that there was

Local forecast:-E, winds, moder- ate; cloudy, fog or mist, night and early morning.

Berlin, To-day.

Reichs Minister Dr. Goebbels

a common design to commit a robbery left Berlin last evening for Buda- and a common design to use all vio pest and Athens and is expected to lence to resist all opposers, without re-

gard to life. This was vital, submitted be away for several days.-Trans Mr. Lee in order to make accomplices Ocean.

TO-NIGHT'S DINNER

1. Giblet Soup

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4. Chicken & Ham Pattie

Gold Roast Pork

Cream Puff

Cheese & Biscuit

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