1939-04-26 — Page 4

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MURDER PLANNED IN A NIGHT CLUB !.

Before your eyes the killer strikes, then plants his crime on an inno- cent man, each new clue brings police closer to the man you knew is the murderer.

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DON'T.

THE CHINA MAIL, APRIL 26, 1939.

DEFENCE SURPRISE FOR CROWN IN MURDER TRIAL

That the defence will also be supported by the testimony of eye- witnesses a married woman and her nephew who will say that, prior to the fatal chopper attack, there was a struggle be- tween the Japanese and the accused, in which the latter was at- tacked, stated Mr. H. G. Sheldon, K.C., at the Criminal Sessions this morning when the "Cha Heung Cafe Murder Trial" was resumed before the Chief Justice, Sir Atholl MacGregor.

Accused of the murder of Mr. Sheldon: "Supposing someone Hiyoshi Sagara, 22-year-old came up to you with the foulest in- Li Ping-chun, accompanied the sult, what would your reaction be?"—

"I would probably hit him.” Chief Justice, Crown Counsel, "The reason would be that you were Counsel for the defence, and the temporarily out of control?"-"I would Jury to the scene of the murder not subscribe to that.” this morning.

I

A waitress, Chan Fong, was tender- ed for cross-examination, and in the witness-box, under cross-examination | by Mr. Sheldon she said:

"I am not nervous.

I gave evidence before the Magistrate. I answered all questions asked by Crown Coun- sel. All the answers were true. knew deceased as a customer but not personally. He came to the cafe on two occasions and on both occasions he 'drank wine. On both occasions he threw the towels at me after wiping his hands. Sometimes he threw it into my face sometimes into my hands. He dbl it jokingly. His face turned red after drinking the wine, but on the right of the incident I did notice whether his face was red not, for I was very busy.

THE DEFENCE

Mr. Sheldon stated that he

was

calling two eyewitnesses on behalf of the defence. One of them will be a woman and the other a boy who both entered the cafe shortly before the in- eldent and would say that they saw a struggle between deceased and accus ed. A third witness, a waitress, of Tai Shing restaurant, where deceased was once taken out by Inspector Darkin, and would say that deceased was a drunken and troublesome man.

The first witness called was a mar-

Chan

who ried woman,

Siu-kwan, said:

"I went with my nephew to the Cha Heung Cafe shortly after 11 p.m. on We. sat at the second January 28. not.

table on the left near the wall.

"I saw a customer slap a foki se- veral times.

or

TWO CUPS OF WINE "That night I served him with two cups of wine. I do not know whether he had anymore ufterwards. The first unusual thing I saw was deceased put out his hand and grab at accused This happened near the first cubicle in, the cafe. The next thing I noticed was deceased returning to the third cubicle.

"Immediately after deceased grab bed at accused, deceased's other hand stretched out to get at something.

"Accused made a grab at the same time and I saw him holding the chop- per in his hand.

"In the third cubicle, accused deceased.

cut

"I did not see the actual chopping. I was frightened."

THROWN OVERBOARD Mr. Sheldon then stated that he wish- ed to put in the statements made by witness at the Magistracy, and plained his reason by commenting that the witness was the principal witness for the prosecution - and - has been "thrown overboard". by the Crown,

CROWN PROTEST

At this juncture, Mr. Whyatt pro- tested, stating that nothing had been put to previous witnesses to indicate that the defence was that a slapping near the third incident, occurred cubicle prior to the incident.

The Chief Justice agreed and said that from beginning to end. nothing any of of such nature was put to the witnesses.

Mr. Sheldon pointed out that all' witnesses said they heard no unusual he noises prior to the chopping, and was not going to strengthen Crown's case by cross-examining the witnesses on that point.

entirely

The Chief Justice repeated 'that it' the had never been suggested that defence would be, that there was an attack on the foki prior to the chop- ping.

"The matter is, however, ex-

the Chief for the Jury," remarked Justice, and witness continued: "The foki walked straight to

...the. chicken stand. The customer stagger- ed after him. The customer appear- ed to be drunk. Ho seized the foki

with by the neck. I then left

my nephew because I was afraid."

Asked how she came to be a witness in case, witness replied:

knew

Witness adhered to her former statement that she saw deceased sit- ting down while accused struck him on the head and neck. She made one amendment saying that deceased was chasing accused and not accused chas- ing deceased.

Witness added that she did not see accused pick up the chopper, and that there was a mahjong game being play- ed in the cockloft.

Dr. G. I. Shaw, Medical Officer of the Hong Kong Prisons, said he had accused in his charge for special ob-

"Since I was in the cafe I that the report in the newspapers, stating that the foki attacked the cus-- tomer, was incorrect, so I went to see Mr. Russ, solicitor of the foki.".

The case is continuing.

*

servation from March 24 to observe A.R.P. COSTS

his mental condition. Witness found nothing to indicate an abnormal mind.

disease.

་

There was also no trace of mental A grant of $275 monthly as from:

April 1 to cover the cost of clerical In reply to Crown Counsel, witness assistance for the A.R.P. Warden's said: "As I happen to know the his-

Committee and the Women's AR.P.- tory of this case, my opinion is that accused was not insane, I am of the Union is proposed by Government : opinion that he knew what he was in a vote for $2,500 to be present-- doing."

ed in Finance Committee to-morrow.". Cross-examined by Mr. Sheldon, witness said he had made no special

There are further sums of $750 study of mental diseases and that he for hire of halls and lecturers' fees had no degree in psychological medi- and $1,500 for the purchase of AR. cine, but, he had had considerable ex-P. handbooks. . perience as he had dealt with many

mental cases while in the Colony.

Sheldon.

"

*1

:: }

"I am not an expert in mental Eight thousand dollars is being diseases, witness replied to Mr. spent by Government to convert the old Resident Surgeon's quar- *Witness said that if accused's state ters at the G.C.H. Into a Teachers' ment was true, he must have been

Training Centre.

*Bane.

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