1956-10-31 — Page 10

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CHINA MAIL

Jury Told To Return Not Less Than Manslaughter Verdict

Mr Justice T. J. Gould, Senior Puisne Judge, at the Criminal Ses- sions this morning gave a 45-minute summing-up to the Jury in the trial of Ple Raymond Frederick Shepherd, 27, of the Army Catering Corps, charged with the murder of his wife.

The Jury of six men and a woman retired to consider their verdict

at 10.45.

Shepherd, who hails from Nottingham City, is alleged to have strangled his wife, Irene May, in their room, No. 309 Melbourne Apart- ments, on July 31.

Hein represented by Mr D. A. L. Wright, Instructed by Major J Smith-Hughes of the Army Legal Services.

MD F. D. Mayne, Crown Counsel, prosecuted, assisted by Detective Inspector K. Boate

Mr Justice Could at the out- got warned the dury to decide the cas only on the evidence inid given in the Court. Ite

Them that they had to accept the law as xluted by him, but the facts were sutely for the to decide.

Should he cpinion ax

majority verdict of live to two said that if pressure on the neck was sufficient.

Turning to the question of lu- tention. His Lordship ruid the Jury had to decide whether the accused had intention of causing death to his wife or actual bodi-

herm

the

the ureused. In doing the act, contemplated

resulta which would follow from this set then he could be said to have Intention

;

But Mr Jus.iee Gould con- inued, it, on the other hand, he; express any

have nol fact... 1 could to the

contemplated would result. then Juny could that death Lewd said, the disregard that opinion if they there was no Intention de nut agree with 16.

Both Counsel, he went up, hand suggested to this dury that they (wo could return aly a f verdiete-guilty of murtier or

of

He manslaughter Bailly agreed with Coulee), in that the Jury were not to return; any than that man-

verdict lea

slaughter.

ONUS ON CROWN Hi Landslip reminded the Jury that the onus to establish the guilt of the scrusel was al- ways on the Crown; it was not

nocence.

for the accused to prove hil., in- If they were tal mure, they

give the accused the must benen of the doubt.

If the Jury were not satisfied

beyond reasonable doubt that

Mr Justice Gould mid that if

1

QUESTION OF MOTIVE

rot

It was rare, he salt, that it for the But of

was rejaxed and the person was unconscious, druh could result from this state unless Immediate treatment was given.

His Lordship also pointed out that the jury should consider the type of intelligence of the ac cused, when they came to the reasonable question of what man would do after causing the death of another persÜN.

ยู

Governor Visits Institutions For The Blind

Crown to prove motive. the absence OT presence

His Excellency the Governor,

this may assist the Jury in Bir Alexander Granthum, motive

visited coming to their conclusioni.

morning

Some of the His Lordship sald that in the Colony's institutions which cater Accompanying case it appared that for the blind, there was nothing that one the Governor were Mr

normally consider A Cater, Chief

Social Assistant molive for murder. He recullet Welfare Officer, Mr K. Keen, the evidence about between

accused and his wife) R about the Treatment of their

couki

WEDNESDAY, OCTOBER 31, 1956.' SIDE GLANCES

3.4. Mog. V. PAL, Oft 10-1

NEW! SHEAFFERS

thertouch BALLPOINT

By Galbraith THE CLIFFORD MURDER: MAN ON TRIAL TODAY

"Tell your Dad I'm giving him an 'A' on your next report card, William, for his big improvement in home work!"

Brilliant Performance By Young Pianist

The trial of Quik Bah-chec, 30-year-old Singapore Chinese, charged with the murder of Mr Arthur John Clifford, well-known barrister, began before Mr Justice J. R. Gregg at the Criminal Sessions this morning,

Mr Alistair Blair-Kerr, Solicitor-General, who prosecuted, told a jury of six men and one woman that there was no question in a case of murder of there being any preméditation required, and much less was it a necessity for the Crown to prove motive.

There might, in the course of the trial, be evidence of what was known at provocation. Quoting a definition, Mr Blair-Kerr said provocation in law meant that some act done by the person who was killed to the person who was accused of murder, which would cause any reasonable person and actually cause the person charged with the murder a sudden and temporary loss of self-control.

The instrument which caused In one case, where a deadly the provocation and the intru- ment which caused the death must be very carefully altered, Mr Blair-Kerr said; and the law raid that one must bear some reasonable relationship to

the other.

weapon was used to causo tire | death, the Court had cold that

It must be indeed con-

Mr Blair-Kerr also l'escribed belefly the incident which re- sulted le Mr Clifford's death.

Quike is defended by Mr V, L. J. D'Alton,

instructed Messrs Wilkinson and Grist.

bry

very very

A Police Corporal would testify that he saw the fight from a trancar and jumped off the trem, grabbed the accused by the neck and forced him to the high degree of provocation to justify such an act. "And this

ground.

The accused was later taken (showing a knife to the Jury) is the weapon which caused to the Police Station, Mr Blair death in this case."

Kerr said, and when charged, ho THE FACTS

wrote down a statement in en- Referring to the facts of the swer to the charge: "I did not case, Mr Blair Kerr gald the ac murder him, I was fighting with cused, when arrested, sall him and killed him., And I did was born in Singapore,

He that."

was not married and had no de-

"So he admits he caused the

Before the trial procceded, Mr Justice Gregg told Mr Blair-peients, Kory that the accused, he took. The deceased, Mr Clifford, death of Mr Clifford and I would 11. was fi to plend. Mr Blair-was a barrister, "practising be leave the matter at that stage," Kerr replied that was so.

fore this very Court and had said Mr Blair-Kerr. stood where I am standing now

ELASTIC BANDS The plea was then teken.

cases, both prom The accused was searched to Quik, when asked if he pleaded in numerous gulity or not, said, "I did not secuting cases of this sort and the Police Station, and round his right log were found two sols of commit the murder offence."

defending as well."

Mr

Clifford, at the time of his clastic bands which could easily Opening for the Crown, Mr Blaff-Kerr told the Jury that at death, lived et 298, Gough FIU be used for concealing a knife in Road, He was married and was

that

position, Mr Blair-Kerr the close of the hearing. Lontship would direct them on aged 42 at the time of his death, wald.

"The killing, murder all matters of law. If either the

Defence mentioned mutters

of

Miss Annarosa Taddei, a young Italian pianist, arguments Social Welfare Officer and Ms pupil of Casolla and Cortot, gave a recital last night Counsel for the Crown or the say, took place quite near to had noid that he had bought the

Oficer In charge મ Blind at the University Loke Yow Hall, sponsored by the

Music Society of Hongkong.

that he was being apoilt -- und

a verdiet of murder WUS - Wornu's heart condition

Ko. Assistant Relieving

visited

was

and his arrival by

the

party

the

His

law to the Jury, it would be purely to assist the Jury In understanding the evidence.

CORRECT APPROACH

of

the

criminal trial takes place in a road, I don't know."

on

ork

turned, it had to be a unanimous such that it could not stand up the bullding by the superinten absorbed the music she

pianoforte masters. She has glowing_compared with the better-lelty in the Press. peopic company outside his chambers notebook, he sald.

verglict.

manslaughter, On

A

Paquerette's

Skirts

the Tran Yuk Welfare

all

of

perfect

its way, a delicately Jo

SW WITH akiitulty and gally ployed.

and homes.

The

go

homo

but

Blair-Kerr continued.

TOUCHED WOMAN

As Mr Clifford walked cast-

tha

on the cover

Hearing is continuing..

This

Wheelock's Capital To Be Increased

na We The accused, when questioned, where ww gather Αστα this knife for a Malayan friend about

one 10 days before the incident,

Mr James Cyril Black, solfel- morning-outside the Hongkong and Shanghat Bank. And the 3011- cused holding the view Welfare.

struggle which took place be tor. testified that he had been She had given a studio broadcast recital the previous

tween these

two men centred acquainted with Mr Clifford for

**Mtwo

lust saiv Mr He within a few yards of the more Clifford

years. il that was the only sugges can be Brst pioco which His Ex-

the morning of on that could possibly be put Ebenezer Home for the Blind evening, which contained a major work by Debussy (the

1wo lions in N forward

The Governor

Prelude, Sarabande and Toccata), whose music is ideally he felt he should mention one a motive.

Mr Blair-Kerr continued that | westerly the Bank. It might be August 3 at the Supreme Court.

front of of

On the suited to Miss Taddei. The other works in the broadcast or two prints which would give on the pavement, or partly The Judge then reviewed the were met on

August 8, he Identlied the Clifford at The evidence. Accused had and he superintendent of the Home, recital were early and present-day Italian, and the latter the Jury a correct approach. the pavement and partly on the body of Mr it was murder, they must re-squeezed his wife's dees for a Miss E. Morgenstern.

Victoria The first one was: "When a was repeated at last night's concert-the eleven Children's

Public Mortuary. turn a verdict of manslaughter few seconds only and that it was Sir

Shown a piece of paper, Mr Alexander saw

On the fatal day, Mr Clifford

tho curtain If they considered that the story

identhed cut a hard

squeeze, He had children at work and at the end Pieces by her teacher, Alfredo Casellu.

court of law where evidence is defended a man in the Centraluce

as that handwriting

of Mr given by accused

become resentful MAY

when, a few of his tour said that he was very

fled students. lot and arguments are made by Magistracy in the morning. The CUfford's. Another notebook was reasonably be true, then they moment, earlier, his wife told¦ impressed with what he had Though still young and not at by our locat

Counsel, try the case on that case came to a close at about hown to him and he identined should give him the benefit of hận not to squeeze her so in the seen.

yet arrived al full musical This was deed in unusual, a and that only."

1 pm. and Mr Chford, carries memorable Waldstein, the doubt,

course of his caresting.

the handwriting He then visited the Honey-maturity, Miss Taddel

In muurder trials, Mr Blair- gether with a solicitors clerk De Pang had testified that the ville Home for the Blind

with her something of

After the interval, Mas_Taddei the

an.thist of Mr Chorda Blayed Chopin's Polonaise a 7 sharp, Kerr went on, there always waleed down Wyndham Street traditions of the great European miner, a work of some power, her arose a certain amount of pub- to Queen's Rough. They parted notebook was a typical barrister's was Excellency was shown around

plays, known Polonalou of Chopin; and six well under such an act. He also dent, the Rev. Mother Anna. At

studled it and ap/or has Preludes Euch Prelude / talk about it in clubs, trumears | at Marina House. He did.not goi

I would ask you back to his offlee, according to the end of his visit the Gover- not merely nor was presented with a silver Proached it externally, but has wrought towel, and as Tacter was to banish from your zizul any-the witnesses,

ilved

herself into it,

proceeded and not parcularly

apety these min things you have learned and try along Queen's Road, turned in- tray and some embroidery work only executes brilliantly, but tires. Even if she had only played i

to make this case a complete to Ice House Street, and then done by the blind children.

these, we should will have grouped Finally Sir Alexander Visited truly interprels. This does not what a fie peniat, and musician who blank, Try on what you hear into Des Voeux Road. The ab

mean that

will

with is, and how extensive is her rongo Centre.

in this court and nothing else."ject of his doing so was to go second point way that to his car parked of a lane of He was shown how the Social her interpretations, but will rand command,

cognise In Miss Taddei a highly

GAILY PLAYED the onus of proof in a criminal the back of Supreme Court, and Welfare Office looks after the Individual artist. In this Ae The eleven Children's Pieces by caso lay upon the Prosecution. bind who go to The centre. takes after

master, Casella have a king us splash It was never encumbent upon

for lunch, Mr her great Also In the building the Cortot, who was unsurpassed in meant of the accused to prove he was not

tortek's Governor met members of the his

compositions

the rendering

guilty. And Chopin,children. They are muuming, clevet,

Prosecution Western District Kaifong Schumann

and

De and

somewhat self-consciousN, and Welfare Association.

must prove the care beyond all bussy

and and Ravel,

reasonable doubt. The final work was, Libet's sixth

There the Russian giants, Rhapsody (how curiously similar this some

Was no question in wards along Des Voeux Road Two resolutions to Increase but whose Beethoven some programme was to Mr Fred King's murder of there being any near the Bank, there was a the authorised Capital ond" to

surprise times caused

ben days earlier – early its

Hallan premeditation required, Beethoven. Chopin Potons and Blair-Kerr continued. Premedi-direction, while the eccused was Reserve

of the General Mr woman walking in the opposite capitalise part WATER STORAGE unorthodoxy.

Preludes, and the Lit Rhapendy), |

were unanimously Last

night's rectal opened Mis Taddel played tur plyee of tallon was not necessary all walking castward a short als adopted at extraordinary In the 24-hour period ending simply with an "Adagio" by virtuosity with fire and energy, and in a charge of murder and fance from Mr Clifford

general moeting of shareholders at 8 o'clock this morning.

The accused Mr Blair-Kerr 18th century Italian hands with ear and greet but how much less was it a necessity for

of Messrs Wheelock, Marden Colony'n reservoirs lost 21 mii-composer e early

Benedetto Marsello. much would I have preferred to the Crown to prove any motive, sald, touched the woman on the and Company, Limited, ". this llan gellons of water.

This is a sweet and quiet little bearer playwie Companella though there might well be one, head or face as he passed. "But morning. ME G. E. Marden, Total storage this morning work, and was followed by composer work in which her great

whatever may be the truth, Chairman of the Board, presided was 4,319 million gallons. Con- another early Italian item, a teacher

THE ESSENCE

whether Mr Clifford saw it or

over the meqting. sumption

yesterday amounted short Sonnta in three move-stavci's "Pictures from an Exhibition" The essence of the offence we do have a witness who will

The resolutions were to 34 million gallons and the ments by Pesectii. This is one ur Car Frank A "Prelude. Chorale was the unlawful and deliber say that he saw Mr. Clifford

"That the Authorised Capital intake from streams and catch- of the earliest sonatas to have and Fuguel" Another fine perhaps ate killing of another human raised and fists clenched as he 000

partly trouing with bis hands be increased from HK$20,000,- ment arcas WILY 13 million the modern form of three move- .7

"I was very glad, however, that being, by the doing of an act

divided into 4,000,000 gallons.

ments;

the first is for all the Mine Taddel av rebus encore which was connected to cause passed by the entrance of the car shares of HK45 each to HK$40,- No rainfall was registered by world like one of Bach's Two- (Le Puerta del Vinol, for she has the death or intended to use Bars in the lane of Hongkong 000.000 by the creation of 4-

Bank." Part Inventions, the middle or understanding of that cum serious injuries, or which was

000,000 additional shares of Impressioniam, delicacy

"The next then, we hear HK$5 ent beautifully pastoral gave two more encores before an movement

obviously obvious to the per- son who did the act-likely to and the accused. and lyrical, and the final move entadalestle audientes would let her

about is a etruggle between him "That the sum of HK$2,000,000

And this ment sprightly and delicate, Miss We are fortunate that we have

catano death,

forming part of the General Re- went on for a minute". Taddel has remarked that she the chance to hear Miss Tecides again

The Intention

Witserve be capitalised and the must accom- nesses would say that they saw Directors be authorised to apply specially admires the music of at the Sino-Britisht Orchestral con- pag ,not or immediately the flash of

Jeert iets next month. Her playing H.K.T.

knife and the much sum in payment in full for the early Italians, and she cer- and the Orchestra's) of Mendela-

precede act, but there was stabbing of Mr Clifford, and 400,000 shares of HK35 each and pun Time Signal and Programme tainly plays it with finesse and schn's minor Plano Concerto ma

no question of premeditation, that Mr Clifford Submary: 4.00, Lucky Dip — 148-

Mr Blair-Kerr sald.

dropped to that such shares credited as fully the ground. teners Requests presented by Mar- elegance, yet with deep sincerity, treat in alore--XX.

"It may well be that in the

paid be allotted to the persons gheritar 7. Virtuoso. Jullu Katchen Inlinoi; 7.15, Canadian: Showonde, THE MAIN WORK

Mrs Brown, who saw Mr registered on October 31, 1950 course of the Crown's evidence, Cilford trotting past her, would as the holders of the 4,000,000 Denny Vaughan, his Orchestra and

you may feel that there is what is say that as Mr Clifford fell to issued shares of the company in known as provocation, Mr Blair the ground, he went to his assist the proportion of one such now "You are all ance until a doctor arrived share for every ten complete familiar with the meaning of There would be the evidence shares held on that date, the that word in ordinary daily life, of Mr N. Smurthwalt who saw shares so allotted to be treated Provocation in law has been de- tricod

■ fric his Mr H. Cheney,

for all purposes as an increase fined in, several cases,"

holding the accused on the of the nominal amount of capital The definition was that it dund

together with

and to rank

1.

topped by

one of our

famous ORLONS

will see

you through

from dawn

to dusk!

the Water Authority,"

the the

Radio Hongkong

the Bobolinks: 17.00. “Time – for The main Jazz" with Robin Day: 7.08 programine. Weather Report: 8, Timo Signal and

The News: 8.09, Commentary or mighty

at

work in the Beethoven's "Waldstein" Spnato

Stop Press Item: 4,15, Lotter from The opening of this is one of America by Alistair Cooke; the most unusual and dramatic Teð Ingth and His Music Wills in the whole of plano music, Bobbi Britton and Eater and Miss Taddei struck sparks (BBCTOR 2. Time Bignal. Wednes day Theatre. Titty Little Play by from this particular instrument Oxton Boli; Produced for the Clar Epson Players by rory Crook: 930, which can be uncesporgive

sive to New Concert Orchestra: 30, hands n different

first Bement. She took the

Box

Favourite

by gingers: 10.30," "LanesETE

favourite

Jackie theason and his Orchestra: ment at a terrifie pact, and

Time omitted the customery repeat 10.69, Weather Report: .

of Signal. Radio News Reel: 11.10. the first section:

yet all Goodnight Music: 11.20, Close Alcald

ges had clarity and passuges

The slow movement.

Down....

Tune:

ན་ཏ།་,;:

REDIFFUSION

Calla

enten with Beethoven, is

the | 001 |

shook the wwift oclaves from her

the ""Mephisto Waitz,“ or some other

Cortot excelled, Euch

MY

| Schumann's "Etudes Symphoniques.”

Shr

Mail Notices

The latest time of posting. shown below ars Lhoen for un- registered rsrespondence portell

at QPD, Bangkong. The latest

posting"- tious "elseyhere, which, Jazzmynt, are earlier than the

Q2.0, Umes can be nicerizard) by enquiry at the local offies,

"The "lated posing times for - reclatured articles are generaDY ans hour, earlier than,,the thes shown below, particulare regardi

"falmed by enquiry at any· post"

одст

WEDNESDAY, OCTOBER N

By Burlara () Japen, a penisu North Bosso, 14 p.m.

A

Kerr continued.

of

ouch".

for

was some act done by the per- Crown Comsel, alther, held by each shareholder, and

mid,

Income notņas Fan! who was killed, to the per- Mr Muriel would testify that divided from October 1, 1950. ron who was accused of murder, | he saw: a Chinese

patting any person would be entitled which would cause, any reason woman who turned round in a to a fractional share the Direc able person, and actually cause very surprised manner, anda tors will, in leu of laulus frac the accused, a sudden and little later a struggle: followed tional certificates cause the whole Lemporary loss of f-control between the

representing The whole doctrine relating to European and here and a share or shares

he saw the fractions to be sold and the pro provocation fnet that, it caused

depended on the European being stabbed. This ceeds distributed proportionally an interlude p.m. Variety

or might Chinese we say is the accused" among the persons entitled to a lull between Wednesday Concert two forms, an Introduction.in Melaye, Ceylon; Aden, Middle East, serudden temporary lapse Mr Blair-Kerr saldus,

Overture (45l case to one of the most Great Britain, Europe, Tag, and which there was no forming of

such fractions? of self-control, GS a result of

WAVING KNIFE S 'DIRECTORS: OFFER Symphony Nous X-Minor up beautiful, dificult and restless as

Mr Westerhout would testify Following the approval of the Rachmaninoff Romances of all the 32 Sonatas. Mits

tion to cause death witch was that he saw the secured waving two to resolutions in the jalgrés, of the World--Louts 10, Taddei's conceptions and intere For Two 0420,

art. neccdrary to support a charge a knife, making Jerky, move-holdark were advised/that: the Birletly.in-

of murder

imants.. strumental 6. Chlidren Corner pretation of this was definitely

He would say that lie Directors offered at par 1,000,-. resorted by Aurale Pamart 6.30, romantle, even to the ung

SEE THE PRINCIPLED tried to pick up come bamboo, 000 shares of HK$5 each to the Wednesday, Requests--Presented by Batugas, Birurg, hubs, rubato in the occasional many, France de Gres liricin, 10

The principio was this: in an eventually.

the pecke„klikone party registered on GLDOGFE

saw the considering "whether in the being held by the

The Prosecution. Woul©1956 / « the bolders MORE killing there was any provoca call Mr Cheney, who actually sent capital of tion theres and whether H withdrew the knife from Mr that Fuch persons Zwould! The Final Year"--The story of Beethoven, but it was -d vory Pakistan, Middle, Last, Africa, C/ amounted to murder or whether) tnord's, Dolly! PHOTAK SALE | ENTRIO64. Toy Accept opdi new shax

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Printed and published by Rosty GEORGE HUTCHEOM for and on behalf of South China Morning Post Limibed; at «1-3 Wyndhatn

City of Victoria in the Colony, as, Horkongs

of

•сустун

and his body's idea of the Pianagan

classical Orchestra: 750, Ooke Time: · 7,45, Motsarak Courage plekTime, Bignal fine performance. I was especial - and the Newer óo ¿Weather Reports by plotted to note that she took Announcements and interlude; the octave scake pantoges near Quest for Today Lauria Machlor 5.30, Diamonds Musto, Bhowcy poi the end truly planisimo.as o Doki Pla- The Blum oli kuoperty marlond, by the "ecmposer, gr

A Novel by Johns Galsworthyr His may pingers disregard this and croat them outdoorza (iHer power disciplies, and ode ördiostions are enviable, and;,ha]

Parcsis, & pm. Leiten and Facieste.

•Kaoso, & PATI

"THURSDAY, NOVEMBER 1-

Peling, Shanghai, Hankow, 7 sim. Jława, U.8A & Canada, fam Thailand, Pakistan, Lebanon, Gera

Japoti, 11 am v „Indo-China;:1 pm.

· Pilippines_X.pm. Drium, suropa, # pan.

ikares, 6 pm.

other

the requisite deliberate inien-

bosido" Mrt: Ölford,

also the 4,000,000 shares in the pres

theCompany

De Iu for every four complete shar

alyan Turper, Mr ninir-Ket Struiwièle would bentity@MOFLAG | Held: l'on', that'dato,

The Instrument, which caused went to the come after the would be circulated the provocation and the Instru actuni

kaw, mat which caused the doors: tremendou must be very carefully consum kdered and the law sold that WM

ble to the bitter,

tomacti

a' holders and would

10505

!

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