CO129-584-14 Commutation of death sentences to life imprisonment. Includes 9 photographs depicting- [CN 3-42] Commutation of... 22-12-1939 - 17-9-1940 — Page 40

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

If you believe the defence of coma which apparently was as great a surprise to accused's counsel as it was to me, because Mr. Macnamara never asked any question touching the possibility of such a state, then of course he will be not guilty, he will be a mere robot performing a dangerous role in complete unconsciousness. But I warn you again that none of the doctors have told us that such a thing had ever been heard of.

On the issue of the cause of death I cannot add more than I have already said when quoting Justice Maule who was not convinced by the defence in the case of lock-jaw due primarily to the patient's own obstinacy in not having an operation. When you remember how well settled is this principle of law Mr. Macnamara's argument will not impress you any more favourably than it did Mr. Justice Maule.

I repeat it is not the law, has never been the law and I trust will never be the law. I repeat, if you have any reasonable doubt in your minds it is your bounden duty to say the Prosecution have done all that they could but they have not fulfilled their task and have not brought guilt home and I must give the benefit of the doubt to the accused.

There is no question of a majority verdict here. You must be unanimous and I trust it will not take you long to arrive at a verdict, and unless there is anything counsel desire me to add to you, I will ask you to consider your verdict.

Jury retire and consider verdict and return with verdict of Guilty of Murder.

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40 If you believe the defence of coma which apparently was as great a surprise to accused's counsel as it was to me, because Mr. Macnamara never asked any question touching the possibility of such a state, then of course he will be not guilty, he will be a mere robot performing a dangerous role in complete unconsciousness. But I warn you again that none of the doctors have told us that such a thing had ever been heard of. On the issue of the cause of death I cannot add more than I have already said when quoting Justice Maule who was not convinced by the defence in the case of lock-jaw due primarily to the patient's own obstinacy in not having an operation. When you remember how well settled is this principle of law Mr. Macnamara's argument will not impress you any more favourably than it did Mr. Justice Maule. I repeat it is not the law, has never been the law and I trust will never be the law. I repeat, if you have any reasonable doubt in your minds it is your bounden duty to say the Prosecution have done all that they could but they have not fulfilled their task and have not brought guilt home and I must give the benefit of the doubt to the accused. There is no question of a majority verdict here. You must be unanimous and I trust it will not take you long to arrive at a verdict, and unless there is anything counsel desire me to add to you, I will ask you to consider your verdict. Jury retire and consider verdict and return with verdict of Guilty of Murder. Page 40Page 41

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40 If you believe the defence of coma which apparently was as great a surprise to accused's counsel as it was to me, because Mr. Macnamara never asked any question touching the possibility of such a state, then of course he will be not guilty, he will be a mere robot performing a dangerous role in complete unconsciousness. But I warn you again that none of the doctors have told us that such a thing had ever been heard of. On the issue of the cause of death I cannot add more than I have already said when quoting Justice Maule who was not convinced by the defence in the case of lock-jaw due primarily to the patient's own obstinacy in hot having an operation. When you remember how well settled is this principle of law Mr. Macnamara's argument will not impress you any more favourably than it did Mr. Justice Maule, • I repeat it is not the law, has never been the law and I trust will never be the law I repeat, if you have any reasonable doubt in your minds it is your bounden duty to say the Frosecution have done all that they could but they have not fulfilled their task and have not brought guilt home and I must give the benefit of the doubt to the accused. There is no question of a majority verdict here. You must be unanimous and I trust it will not take you long to arrive at a verdict, and unless there is anything counsel desire me to add to you, I will ask you to consider your verdict. Jury retire and consider verdict and return with verdict of Guilty of Murder. Page 40Page 41

2026-06-18 00:51:06 · Baseline

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If you believe the defence of coma which apparently

was as great a surprise to accused's counsel as it was to me,

because Mr. Macnamara never asked any question touching

the possibility of such a state, then of course he will be

not guilty, he will be a mere robot performing a dangerous

role in complete unconsciousness. But I warn you again

that none of the doctors have told us that such a thing had

ever been heard of.

On the issue of the cause of death I cannot add more

than I have already said when quoting Justice Maule who was

not convinced by the defence in the case of lock-jaw due

primarily to the patient's own obstinacy in hot having an

operation. When you remember how well settled is this

principle of law Mr. Macnamara's argument will not impress

you any more favourably than it did Mr. Justice Maule,

•

I repeat it is not the law, has never been the law and I

trust will never be the law I repeat, if you have any

reasonable doubt in your minds it is your bounden duty to

say the Frosecution have done all that they could but they

have not fulfilled their task and have not brought guilt

home and I must give the benefit of the doubt to the

accused.

There is no question of a majority verdict here. You

must be unanimous and I trust it will not take you long to

arrive at a verdict, and unless there is anything counsel

desire me to add to you, I will ask you to consider your

verdict.

Jury retire and consider verdict and return with

verdict of Guilty of Murder.

Page 40Page 41

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