1940-10-22 — Page 48

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THE CHINA MAIL, OCTOBER 22, 1940

Self-Defence Plea In Manslaughter Case

THAT IN AVOIDING note books that de-

ceased swept before his face, he struck the NAIVE

constable'a back hand släp and that deceas-

ed, warding this off, lost his balance and fell, ITALIAN

was the defence of Sergeant C. Blackburn, charged at the Criminal Sessions this morning with the manslaughter of a Shan- tung police constable, Wong Shau-yi, on September 12.

con-

Chief Justice, Sir Atholl Mac-stable ordered off the bus, said

PEACE PLEA

Signor Ansaldo, the Italian publicist, writing The case was heard before the Joth Singh, the Indian

in Count Ciano's paper that he walked towards the Sup- Gregor.

Telegrafo yesterday, and the Chinese Mr. J. P. Murphy, assisted by reme Court Inspector O'Donovan, prosecuted, constable was also told to move betrayed Italy's anxiety

After walking a short dis- accused being represented by the on.

for peace by appealing to Hon. Mr. Leo d'Almada, instructed tance, he heard loud voices and by Mr. J. M. d'Almada Remedios. turned round. He saw deceased Britain to desert her Al-

The jury

was composed of in the act of falling and accused lies and cease the war

His Messrs. G. W. K. Crawford, (fore had his hand drawn back. man), Chi Yuen-feng, Ching fist was clenched. He was call-with the Axis Powers.

He made this plea not in the King-ming, Chung Fook-cheun, ed by the accused and assisted

form of the usual German threats T. A. Madar, So Kwong-yau and him with deceased.

In reply to Mr. d'Almada, wit-that Britain will be annihilated, M. Bazamusa.

When the jury was being swornness agreed that he did not see but by saying that if she d'd not in, and Lam Shui-yip was called, a blow but thought one had been make peace she would "fall under the domination of the United it was found that he could not struck. read or understand English. He

States!" "Two Blows!" was discharged from the jury.

Leung Woo-kwal, the hawker Mr. Murphy, for the Crown, who was at Prince's Building, tember 12, said that about 6.15 p.m. on Sep said he saw a bus stop and some accused stopped an policemen got off. He saw de-

opposite overcrowded bus

the Hong Kong and Shanghai Bank ceased run a few paces with ac- cused behind. He saw accused in Des Voeux Road. Several pas-strike two blows, the left to the sengers were standing in the bus, body and the right to the face. including an Indian police con- They were facing in the same stable and deceased. The Chinese direction with accused constable was standing on the on the right. Accused was be- steps. Accused ordered them to hind deceased all the time. The alight and allowed the bus to pro-Indian constable was a few feet ceed. The Indian constable walk- away. He did not see deceased

The sole comment in: London ing in the direction of the Su- attempt to strike accused. After preme Court, heard raised voices, the blows, deceased fell on his is that Signor Ansaldo's article turned round and saw accused back,

There was a garden, with makes clear how urgently Italy and deceased close together. He a railing, between where he was wants to end the war. saw the Chinese constable fall and and the incident. Sergeant. Blackburn's arm slightly In reply to Mr. d'Almada, wit- ness admitted that there were pillars which could obstruct

drawn up.

Hawker's Story

he

slightly

his

saw

He

at

The United States, he said, is coming into the war in the Spring for, the purpose of taking - control of Britain, who can. avert this only by making 'peace" with the Axis....

It is curious that Signor Ansaldo should be talking about next Spring, while the Italian press is. promis'ng, the end of the war by Christmas and the Fascist Party has sent out special speakers to explain Hitler's war aims to the public.

.

Reuter.

THAILAND GOODWILL MISSION

A hawker, who was under the view. He noticed the policemen verandah of Prince's Building and, because, as he was an unlicenc.

ed hawker, whenever a man employed at the Hong Kong Bank, would tell the Court policemen his attention was al- that they saw the incident and ways concentrated on them. that accused struck deceased, who maintained that he saw two blows struck and not one as suggested. fell to the ground.

Ha Ching-kwong, footman

Anglo- Thailand rela- Shanghal inside the Hong Kong and

the tions are steadily improv- Bank, said he was glass door. He saw accused and ing, wrises the diplomatic deceased and assumed that they were talking. He saw accused correspondent - strike a blow. He saw the blow "Sunday Times.” travelling but not where it land- ed. He did not notice whether the fist was closed or open. They were facing each other. He did not see deceased strike or at- tempt to strike accused.

Cross-examined, witness said

They would say that they did not see deceased strike or attempt to strike accused. The constable did not get up and he was taken to the police station, by accused, in an ambulance.

In his report, accused said de ceased had used obscene language towards him and he had struck him. The constable was bleeding from the ear when taken to hos pital and died two days later.

The cause of death was a frac

Mr. Murphy described man- slaughter as the unlawful killing

the

to British Malaya, Burma, India, The special goodwill mission and Australia, headed by the Thai Minister of Justice, has already completed a highly suc- cessful visit to Burma where it the was warmly welcomed by Government and people.

Early in October the mlosion was entertained in Delhi by the Viceroy and had an op: portunity of making friendly contact with Government offi- cials.js

tured skull. The medical opin- he did not see whether deceased ion would be that the fracture had anything in his hand. He was probably caused by deceased's did not notice whether deceas- head striking the ground.

ed had any books or a raincoat. When formally charged, accused The whole incident took place said "I did."

in a very short time.

Police Evidence Sub-Inspector Clarke said

The mission, says the-paper- of a man without malice. Self-

when has amply fulfilled the purpose defence was the use of force in was on charge-room duty

relations repelling force.

accused made a report that he of promoting friendly Here, all that was alleged had hit deceased for using ob-between Thailand and the Bri- .

was fish, Commonwealth in the spirit against deceased were words; at scene language. Accused most a gesture. Accused was res told to make his report in writ of the recently concluded, Anglo- ponsible for the result of his acting which, in ordinary circum Thai non-aggression pack-Reu- even if at no time he had any stances, would be a departmental | ter.. intention of killing deceased.

matter.

he

He told the jury that though Inspector O'Donavan : gave

"ped back and fell to the ground. they might have sympathy with evidence that accused wrote accused it was their duty it satis- fled from the evidence as alleged, to find him guilty.

Doctor's Evidence

Commissioner of Police for zeal,

lose his balance. did", when formally charged. He He seemed to also read extracts from accus-The whole incident took about 45 ed's police record. He had been seconds,.. commended several times by the "Did Not Lose Temper" Dr. C. K. Lien, medical officer alertness and initiative while on In reply to Mr. Murphy, wit- at Queen Mary hospital, who ex-duty.

ness said his case now was that amined deceased on admission, Giving evidence, accused said the blow:"was struck in self-de- said he was then unconscious. His that he joined the Force in 1931, fence, and not because he was: breathing was short and blood On September 12, he was in Des angry. He did not lose his tem- pressure high, At 6 p.m. next Voeux Road with the express. pery but he was a bit-angry. He' day he was in the same state of duty of stopping overcrowded did not lose control of his tem- coma, or slightly worse, and he buses.

per. He acted to avoid the books died next morning.

He-related how he ordered the swept in front of him and did From the post-mortem, he con- two constables off the bus and not intend to hit accused. cluded that the cause of death] said that deceased was aggressive

He did not ment on anything was a fractured skull and lacera- and asked the reason he was or about the books in his report. tion of the brain. There were dered off the bus: When told the His report was correct but he did cuts on the lips on the right side reason, deceased ested if witness not go into minute details. Mr. of the face. There were no loose knew what time he finished duty; Murphy: pointed out that twice, teeth, no injury to the gums and using, obscene language. Wit- once in writing, he had made it no swelling or bruises to the cheek ness told deceased to return | pla'n that he hit the man because or chin. Blood was present, in to Central via Pottinger. Street he had provoked him and hadi the left ear and there, was an and that he would put him on re- not mentioned books. abrasion on the buttock. The skull port for using obscene language. :- Witness denied that he struck was fractured at the base. :" Deceased had note books in his accused because of the ‘obscene The outs on the lips could left hand and a water proof cape language used or that he had lost have been caused by a blow but on his right arm. They were his temperate

a not a strong one. The fracture about a foot apart. When told Asked by the Chief Justice could have been caused by the that a report would be made de- why a police officer of his stand- head striking the ground, censed drew the books acrossing should have said....I did" in In reply, to Mr. d'Almada, he witness's face, saying "Don't be answer to the charge, accused agreed the cuts could have been so silly. Witness drew his said he meant that it was true caused by a back hand slap. It head back and hit out with the that he had slapped deceased d was not likely they were caused back of his hand. In trying to The jury retired to consider by a blow to the chin,

ward off the blow, deceased step their verdict at time-time,

...