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Dancing Academy at 8.45 or 8.55 p.m. and went to your Petitioner's house No. 50 Village Road and that your Petitioner went inside for about five minutes and the others remained in the car. That your Petitioner returned to the car and proceeded that they then saw two suspicious looking Chinese and Zimmern told your Petitioner to drive a little faster and catch them up that then your Petitioner scolded Zimmern and said "You have ehosen a death road for me to travel" that they then turned towards the town that your Petitioner while proceeding looked nervous and pale, that on the way Lau Hing Shu left the car and then they proceeded to a garage, that Zimmern felt your Petitioner's hand and it was icy cold and Zimmern 10 said "what is the matter you need not be afraid you can tell me; if anyone wants to harm you I am here to protect you" that then your Petitioner caught hold of his hand and said "George Fung is dead" that he Zimmern asked how your Petitioner knew and that your Petitioner said "Lai Ming Fai rang up his house and swore vengeance against him" that your Petitioner told him not to speak of it or he might get the same fate and told Zimmern to keep quiet and not talk so much about it: that if he did talk he might be killed in the same way by someone else that Zimmern looking in his pocket for matches found Lo and Lo's receipt and asked your Petitioner what he should do with it if the police found it and that your 20 Petitioner then took it and tore it to pieces and threw it away that they reached the Chui Hang Club at 10.30 or 10.45 and that he left at 5 a.m. next morning for Canton: that your Petitioner gave him $50 and told him to go to Canton because if he did not he would talk and let the matter out and said that your Petitioner said he would follow in a few days and inter alia that he did not know who killed Fung. Your Petitioner here points out that Lai in her evidence said that she telephoned to No. 50 Village Road and did not denounce anyone.
29. That the witness for the prosecution Lau Mo Yung said he was with Zimmern and your Petitioner the whole of the evening of the 24th of 30 March 1932 until he left the car after visiting 50 Village Road that during the whole of the evening the demeanour and conduct of your Petitioner was quiet as usual up to the time he left him that he did not hear your Petitioner say 44
you have chosen a road of death for me to travel" and that he thought he would have heard it if it had been said as they were all pretty well bunched together in the car he was sitting in the back of the car and Zimmern and your Petitioner in the front, the car was a baby Austin No. 4. He also spoke of the incident of the two suspicious Chinese.
30. That it appears from the evidence of a Police Officer that on the 27th of March 1932 he took a statement from Lau at No. 50 Village Road ; 40 and from his wife Tai Kwai Ching. Lau left the Colony; Tai Kwai Ching gave evidence for the Prosecution. She said inter alia her husband was in the country at Yeung Chou near Shanghai and that he went there at
the beginning of April. She said inter alia that on the 24th of March 1932 she received a telephone message from Miss Lai who told her of the murder of George Fung and that your Petitioner was not in the house at the time that he came in something after 10 when she informed him that Fung was shot that night that she did not say who told her and that your Petitioner left at once and did not return that night that she told him as he was about to leave. Her evidence was read from her deposition a police officer having proved that he had been to 50 Village Road on four occasions to look for a chauffeur and that Tai Kwai Ching was not there. Her 10 evidence was read at the trial before Zimmern and Christie were called.
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31. That the following is a transcript of the shorthand note of the summing up of the learned Chief Justice :—
"Gentlemen of the Jury, I have considered carefully how I ought to sum up in this case and I have decided I hope rightly—— not to sum up in the usual detailed and somewhat lengthly way, but to deal with the case on broad general lines. I have come to that decision because I realise you have followed the case with very close attention, and I believe, with unusually competent judgment. You have also heard both Counsel for the Crown and a very full and detailed analysis of the evidence by leading Counsel for the Defence, and though I do not intend to deal again with any of those details I would ask you to bear in mind and weigh carefully all the points that have been put to you by Counsel on both sides; particularly if I may say so-those put to you on behalf of the Defence.
Now the charge in this case is an unusual one. The crime charged is that of being an accessory to the fact before a murder. To establish that charge the Crown have to prove four things: First, that a murder was committed; that they have done; Second, that the murder was committed by Wong Nam Sheung and Chui Yung Sham. Whatever opinion you may form of Chui Yung Sham's evidence (I will come to that later) I think you will probably be satisfied that the fatal shot was fired by Wong Nam Sheung and that Chui Yung Sham was present at the time, aiding and abetting and therefore also guilty of the murder.
The third point which the Crown have to prove on this indict- ment is that the two men who committed the murder were procured by Lau Shui Kei as agent for somebody else. There may be some question on that point: I shall deal with it later.
The fourth point which the Crown have to prove is that the accused was the man who employed Lau to organise this murder. That, of course, is the kernel of the whole trial.
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