CO129-550-6 Rex v. Ng Loi Yuen- request review of trial and exercise of prerogative of mercy... 22-11-1934 - 21-12-1934 — Page 24

H.K. Weekly

Press

August 23, 1934

CHINA OVERLAND TRADE REPORT

MURDER TRIAL AT THE

CRIMINAL SESSIONS

Case To Be Concluded This Morning

At the close of the evidence for the Crown in the case in which Ng Loi Yuen charged with the murder of Michael Pine, Mr. R. C. H. Lim, appearing for the defence, submitted that there was no case to go to the jury.

The submission was made in the absence of the jury, but the Chief Justice (His Honour Mr. Justice A. D. A. MacGregor) ruled that a "prima facie" case had been made out for the ac- cused to answer.

The jury then re-entered the timated that as the accused had Police and a further statement was going to call no evidence.

Court Room, when Mr. Lim in- already made a statement to the at the Magistracy, the defence

Mr. J. A. Fraser then addressed the jury on behalf of the Crown and Mr. Lim made his address on behalf of the accused.

Accused Confirms

Instructions

24

4

Lim's that

At the conclusion of Mr. address, His Lordship stated he had overlooked one point. He should have formally inquried from the prisoner whether or not he wished to give evidence or make a statement from the dock. His Lordship accordingly instructed the Court interpreter to inquire from the prisoner whether he wished to make any statement.

Mr. Lim: I may say that I was acting under instructions from the accused.

The Judge's question was put to the prisoner, who replied: "I was drunk and did not know what I was doing...

""

His Lordship told the interpreter to ask prisoner if he agreed with the course taken by his Counsel which was to call no evidence. Accused confirmed the instructions.

gess and Bdm. Lovatt, gave evid- ence of their parts in the rescue work.

Wong Siu-kat, accountant of the Swatow Drawn Work Co., Ped- der Street, said that four years ago accused was employed at the shop as a coolie. On June 21 he came into the shop saying that he had just come from Swatow and was on his way to Singapore. He had been cheated of $5 at Swatow. He seemed slightly wor- ried but he stayed the night and had a meal next day. Witness did not see him take any intoxicants.

Accused had a brother at the shop named Ng Yik-mei.

Wong Kung, police sergeant, said the brother gave him a rat- tan case containing accused's pro- perty and some letters in Chinese.

What The Letters Said Three letters alleged to have been found in the basket, previous-

Yesterday morning, Pte. Sim- mons of the South Wales, Border- ers described how he groped alongly mentioned in the case were put one side of the dark nullah through the waters and then returned on the opposite side of the nullah.

"I felt something," said witness. "I got a faint light from a grating which showed me that it was a Chinese. I spoke to him but he made no reply."

Witness said that he and Pte. McCarthy tried to get the man out, but he bit and kicked and it was not until Sergt. Gaywood, R.A.O.C., and Piper Lenton came to their assistance that they were able to frog march him out. Wit- ness identified accused as the man he found in the nullah.

"

in as exhibits and the respective translations read as follows:

"Those who have courage are re- quested to be brave men.'

"He who dares to kill a European will be a great hero. Please be righteous and brave men. He will be a great hero."

"I cannot tell you all. If you students are brave enough to die, our country will never die. All of us should work hand in hand. First we must read the "San Ming Chui" (The Three People's Princi- ples). Secondly, we should act in accordance with the book. Thirdly, people of the modern age should also read it. Of the 6 million peo- Pte. Sellers, Pte. Kelly, Pte. Bur-iple of our country, those who are

Sergt. Gaywood, Pte. McCarthy.

so determined as I am become a righteous and brave man, and he will be a great hero. Please be- come righteous and brave men."

All bore no signatures except the last which had the name of Ng Yick-shan appended.

Counsel's Addresses

+

In the afternoon, Mr. Fraser in the course of his address to the Jury which lasted fifty minutes re- viewed the evidence at some length, drawing attention to the question of identification of the prisoner and the improbability of the theory that the man who threw the children being someone else than the man who was arrested.

Mr. Lim in his address told the jury that they had to weigh and consider (1) whether Michael Pine was thrown into the nullah and (2) was it the accused who threw bim in.

Counsel suggested the possibility that the children were playing in the nullah and were carried away. He drew attention to the evidence of two witnesses who deposed that they got the impression that the accused was trying to rescue one of the children.

Mr. Lim further submitted in the course of his address that the children Mrs. Fairburn saw thrown into the nullah did not include Michael Pine.

At the close of the day's pro- ceedings. His Lordship said: "I am afraid that in a case such as this, with a very large number of wit- nesses, the evidence of each one of them must necessarily be con- sidered carefully and my summing up will inevitably take some little time."