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 27

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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166

THE HONG KONG WEEKLY PRESS &

August 9, 1934

NULLAH OUTRAGE SEQUEL

for the light which filters through | His suitcase was recovered on June

these manholes, and on a dull day it is very dark inside. Along the east side of the nullah from the southern most end, there is a pipe of cable covered with con- crete, making a sort of ridge.

Felt a Man

It makes a good hand grip. Ptes. McCarthy and Simons came by that side. Simmons was leading and keeping his hand on this pipe and as he came up between the second grating on the first man- hole, he felt a man standing against the wall facing downward into the nullah. He spoke to the man but received no reply. He seized the man with the assis-

The of McCarthy. tance struggled and bit Simmons on the wrist.

man

And subsequent immersic

22 and in it was found certain let- [ water?—Yes ters. One was signed under the name was Ng Yik San.

Counsel's Objection

As Mr. Fraser was going to read the letter, Mr. Lim raised an ob- jection saying that it would pre- | judice the case in the eyes of the public, but on Mr. Hamilton re- questing the Press not to publish the contents, Mr. Lim waived his objection.

ac-

After reading the letters, Mr. Fraser went on to say that the po- identification held an lice later parade and the accused was pick- ed up by Mary Pine as the man who threw her over and by Mrs. Fairburn as the man she saw the children into the throwing nullah. After a lapse of some time, Pte. Linton and Sergeant Geywood of the R.A.O.C. arrived. Geywood had followed Linton into the nullah with an electric torch. The man was still struggling furiously Each of the four men took an arm and a leg and frog-marched him along the nullah. The man still continued to struggle and once actually got one hand free. All the time, the witnesses will say, he was hanging his head down in the water. He went limp and lost * consciousness just as they reached the part of the nullah which goes into the outer air. Someone got a rope and the man was hoisted up the bank.

Attempt to Escape

He was given artifical respira- tion, the police was called and he was taken to the hospital. There he was examined and found to have been drinking. His leg was found to have been injured and it was put in a plaster of Paris splint. He was identified as the accused. While in hospital he had removed the hospital. Your Wor- ship will remember that two men escaped from the Government Civil Hospital about time.

the same

Later on July 9, he was charged and in reply, he said "I was

drunk. I was unconscious and had a wound."

Accused's Movements Enquiries into his movements show that he arrived in the Co-

Regardless of whether the cused is the man who did this act or not, concluded Mr. Fraser, at- tion should be called to the gallan-

and absolute disregard try

of safety, shown by those people who took part in the rescue. The water was deep and the nullah was, in many places, dangerous. There and very great promptness great gallantry shown by a num- ber of people.

was

Medical Evidence Medical evidence was then given by Dr. D. J. Valentine of the Government Civil Hospital who said that at 3.45 p.m. on June 22. a British boy named Michael Pine, aged eight, was admitted to the hospital. He was suffering from concussion, being unconscious, and the effects of immersion. He had wounds about the head, and con- siderable bruising around the fore- head. There were bruisings over both knees. He was givn treat- ment, but he never recovered con- sciousness and died at 6.10 p.m. the same day.

Mr. Fraser: Who came with Michae Pline to the hospital?

Dr. Valentine. I don't know who actually accompanied him when he arrived. I saw him immedia- tely he was taken to the ward.

Did you see Pte. O'Kelly?--Not that I know of. The boy was ac- tually in the ward when I him.

saw

Continuing his evidence, Dr. Va-

His Worship: He was not ed? Oh, on.

Accused's Condition Mr. Fraser: You saw th. ed before -Yes. At 4.15 1 June 22 I was called into t. ceiving room to see anothe son who fell into the nullah: went there and saw accused was suffering from the effect immersion and a number of irj · ies which consisted mainly of rasions and contusions. It discovered later that there w fracture on the right side. was in a dazed condition. He u not answer any question. His breath smelled of alcohol and ai he would say was in Chinese, words to this effect "I am drunk.”

W

Asked by His Worship what exact Chinese words were used by the accused, Dr. Valentine replied "Yam Chau" (drink wine). Dr. Valentine then went on tc that that the accused had and bruising on the left side the head.

Mr. Fraser: What happened July 6th? On that day there w three prisoners in the prison, w in the hospital including the ar cused. I visited the ward about 7 p.m. and the accused was not ir his bed. I went straight to the bath room and found him in a peculiar position, half in and half out of the bath.

Mr. Fraser: Did you notice any- thing pecullar about him at this time?-apart from what I have mentioned, no.

In fact the other two men es- caped Yes, between 7.30 and 8.45. about half a hour after my visit.

When did you see the accused again after the escape?--Immedia- tely the alarm was given. I was informed and I went down to the ward. I found the accused lying in his bed. I then discovered that his plaster of Paris had been removed. I also discovered that it had been soaked off in water. He could walk with the splint on and off.

Sound in Mind

Have you kept any observation on the accused with a view of find- ing his mental conditions-Yes. All the time he was in hospital. rounds 1 used to converse with him. The

was

sound in

All the time he has been in hos- pital? Yes.

lony from Swatow on June 21,lentine said that on the follow-Every time I took my bringing with him a rattan suit-ing day, the boy was identified case. He said at the time that by his father, Mr. T. H. J. Pine. result of my observation was that. he was going to Singapore but that

in my opinion, he A. post-mortem examination was he had been cheated and had been performed

mind. and he found that put on a wrong Soat and brought | apart from the wounds which he to Hongkong. He was then dress- ed in a cream coloured jacket and dark trousers and was wearing a rather unusual type of straw hat. He slept in the cockloft of a shop where he had previously been em- ployed. He took his morning meal on June 22 at the shop but was missed later on in the afternoon.

had already described, the skull had been fractured at the back. The cause of death was a frac- tured skull.

Mr. Fraser: Were the injuries found such as would be compati- ble with the child's fall into a! stone paved nullah from a height of, say ten feet -Yes,

Cross-examined by Mr. Lim, Dr. Valentine said that he was not the only doctor who looked after the accused while he was in hospital. Dr. Thomas also treated him.

Mr. Lim. Were you the first to attend the accused when he was I brought into the hospital?—Dr.

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