1941-05-22 — Page 41

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THE CHINA MAIL, MAY 22, 1941.

Trial Of Officer Opens At Criminal Sessions

THE TRIAL OF Captain Walter Harold Powlesland Chattey, charged with an un- natural offence, opened this morning before the Chief Justice, Sir Atholl MacGregor, at the Criminal Sessions.

Mr. E. H. Williams, Crown Counsel, appeared for the Crown, and the Hon. Mr, Leo d'Aluada, Jr., instructed by Mr. R. M. M. King of Messrs. Johnson, Stokes & Master, is defending.

The following members of Special Jury were empanelled:

Messrs. E. Cock (Foreman), Lee Tao-man, H. S. Hills, F. L. da Silva, Lo Luk-tong, 0. Eager and T. B. Wilson.

Before case for the Crown was opened, Mr. d'Almada applied for The trial to be heard in camera.

NOTHING

DOING

A laconic "No" was re- turned by the Lord Privy

a rieksha and when it was pass-Seal, Mr. C. R. Attlee, to a

He saw accused come along in ing. the boy said Hullo

"Hullo, taxi, question in the Commons "Yes" and got down from

taxi?" Accused replied ricksha and paid

the yesterday suggesting Bri- off the coolle. tain should The boy opened the door of the

treat with lax and said something to the Germany coolie.

for mutual The coolie told something and

the boy restriction of night bomb- the boy got Into the taxi also.

ing.

Known By Sight

Mr. Williams went on to say that He said he had no Authorities the driver of the taxi knew ac- 10 support the applicationeused by sight and proceeded to but it was within the jurisdiction drive towards Shamshuipo Bar-

said Mr.

in

was

The questioner advocated that

proposals to Britain make direct or

Indirect that end, and drew attention to appeals by prominent people like the Bishops of Chi- chester and Bristol. and also Bernard Shaw and Professor Gil- bert Murray.

A supplementary questioner evoked prolonged cheers by an serting that it was unfortunate that this proposal was made "just when we are getting on top of Germany."

MR. ATTLEE: "IT IS PRACTICABLE TO THINK YOU NOT

MENT CAN COME TO ANY AGREE- REUTER.

WITH GERMANY."

Counsel, would say that he wore the trousers and coat as best he could and went the

back to Jordan They sat in the Road where he put the coat in a

basket.

of the Court in criminal pro- | racks. The boy was sitting direct- ceedings to order that the trially behind the taxi driver with the be heard in camera if it be in accused the interests of justice so to do.Į driver hod

on the left. After the Mr. d'Almada submitted

proceeded and that nearing the Alhambra in interpreting the

Theatre, phrase Gr necused told him the interests of justier," the widest | Gascoigne Road and into a road to turn down considerations must be taken into f King's Park. account not only of such matters ad which led up to the A.R.P. This was the as justice at the trial proper but Club justice in its widest sense.

As the taxi was His Lordship knew.

going on its way, the small boy would say ac- d'Almada, the Accused

was aj cured took off member of a Regiment stationed would say that he could not resist his clothes, He 112 Hang Kong. He submitted or escape because he was in the that His Lordship would have to taxi and because accused held his take into consideration the un-

11. Accused also took of his necessary publicity to that Regi- own trousers and cont ment which would result from them on

and put the spare seal. the trial of the proceedings

When the taxi open Court.

arrived King's Park, accused told driver to stop. taxi.

At this point, Mr. Williams told the Court what say in evidence.

the boy would Accused subsequently asked the driver to turn on the light and as application he did so the driver at the same had been made before the learn- time glanced back. ed Magistrate at the preliminary something about "OK, O.K.?” but Accused sal₫ proceedings and had been turned the driver did not know whether down, the same arguments against he or the small boy was being ad- that application to-day would dressed. not apply for this reason.

The driver shut off the The light and left the taxi and stood Magistrate might have thought, in front of it. although he did not say so, that he saw everything that was going He would say that publicity at that time was desir-on in the taxi. uble because further evidence might be available from one side or the other.

Adverse Publicity Justice did not require such adverse publicity, more particu- larly at a time like this, he sub- mitted. Although His Lordship might know that an

either

Mr. d'Almada contended that the proceedings had been suffici- ntly ventilated and no similar or better purpose could be served by selar publicity.

Refusing the application, sir Atholl MacGregor said he had considered carefully

the argu- ments which had been advanced to the Learned Magistrale who committed the case to trial and he would like to sity that he had considered it with the utmost sympathy.

He had searched for author'es but he could find no authority in support of the application. He had found many authorities which were directly against Mr. d'Almada and therefore, he was afraid, he very reluc antly must refuse the upp"cation.

Ran Away

dents, Mr. Williams said accused After referring to alleged inci- then lifted or took the boy out- side the taxi to a grass bank, put him down on the bank and laid down beside him. The taxi driver wou'd say that he saw the boy struggle throughout.

Accused's trousers and coat had been brushed to the ground. The boy struggled and ran, and as he did so, picked

up the officer's clothes and ran down the bank into a nullah and hid there.

A Chinese constable eventually took him to Yaumati Police Sta- tion, there at that time

Sergeant Alexander was and the buy was asked about the clothes. In consequence of his statements, he der and Pope to Dr. Gosanofor was taken by Sergeants Alexan- examination. geants

After this, the Ser- made further enquiries and examined the taxi.

Medical Evidence

evim

Dr. E. L. Gosano, medical officer at Kowloon Hospital, gave dence of examining the boy and said that there was a wound and some bleeding.

conse-

Cross-examined at length by Mr. d'Almada, he agreed that a mun might be so intoxicated as not to know what he was doing, or in- toxicated to such a degree that he was reckless of the quences of his actions.

produce the

He agreed that hypnotism might same conditions in the person hypnotised, that all his actions would be dependent the hypotist, and that when Accused got back into the taxi came out of the trance he would and directed the driver to find be oblivious to what he had done. the boy. The driver hesitated and Witness agreed that said it was not

a person his business to who had taken drugs might have find the boy and accused who ap-such a condition accelerated parently got angry, slapped him the consumption of a large quan- by on the back of the head.

tity of alcohol.

it

The taxi moved off and when

on he

Mr. d'Almada then questioned got into Nathan Road the the doctor on concussion following driver stopped and blew his a fall, and asked whether it was Police whistle. He was then,near possible that a person could suf- his Company's offices. the

fer from concussion following a fall without realising it.

That is, a person could be dazed, but show little outward effect at the time?

Mr. d'Almuda asked whether if such a person took alcohol or drugs, say oplum, he could get in such a condition as not to know what he was doing.

Two Charges Outlining the case for prosecution, Mr. Williams referred the Jury to the two charges against the Accused and one of which alleged that he had com- mitted an unnatural offence a 14-year-old Chinese boy King's Park on April 22.

Mr. Williams said that, the facts would show that accused called this boy into a taxi, took off the boy's clothes and his own trousers and coat.

on

Accused then asked to be driven to Shamshuipo Barracks and said that this would not do. It hap- he would sign a chit but was told pened that Sergeant Alxander was on duty in the vicinity at this time and seeing a crowd around the taxi went there and saw ac- used who said, "These people don't seem to trust me."

A Chit Signed As the Jury had heard, said Mr. Williams, said Accused was Alexander knew accused by sight Mr. Williams said that Sergeant an Officer in a Regiment station- and having ed in Hong Kong.

assured the The boy, driver, left.

Dr. Gosano said it was possible, but concussion as the result of a fall would be apparent.

Rational Answer

In reply to Mr. Williams, wit- taxi ness said he would not expect a On seeing the taxl person so drunk as to commit a

Yeung Kam-hi, gave his age as still there he returned, and after gross assault without knowing it 14 years, Chinese reckoning. As a general conversation, looked to be able to give a rational an- his age might become material, more closely and noticed that ac-awer half an hour later. the Jury would hear evidence on cused was sitting without any He was shown" accused's hand-

it. The boy had /been X-trousers or coat. He asked what writing and asked if he would ⚫rayed and was found to be had happened and accused re-express the opinion that the welt- not 14 years old.

plied. "Some boys in King's Park ing was that of a person in such His father was dead and his have stolen. my clothes." Asked a condition' shortly before he "mother lived in the country. The if he wished to make a report, wrote. boy himself lived on the streets accused replied "No." The Ser- and made his livingbyhawk-geant spoke to the taxi driver to compare the handwriting with Dr. Gosano said he would have ing newspapers, He would tell and another driver drove accused the handwriting in ordinary cir the Court that on April 22 he to Shamshulpo and, there a chit cumstances, and added that he was outside an hotel: where there was signed. was a taxi stand, attempting to

would only be talking as a lay- Sergeant Alexander subseman, as was the case on questions make some money by opening quently returned to the Yaumati concerning hypnotism. the doors of taxis and calling Police Station, for them.

The case was adjourned,

:

The little boy, went on Crown