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 44

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

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44

FRANK ROBERTS. 88.xd. Murphy

L.S.A209. O. in C. Saikung. On 22nd March I sent party to Yung Shu Au. At 11 p.m. accused was brought to me in austody. I received at same time Ex. K. I have two certificates in Cantonese. Accused was cautioned as he persisted in talkin. He then made a statement. I understood part of it but not all of it. On 23rd Feb. I went to Yung Shu Au & remained there till Insp. Whant & photographer arrived.

xxd. Macnamara.

Woman told me ther had been a fight & her husband had been assaulted & injured on the head. She said it was not a serious assault. I could have sent iodine & bandages but I did not.

TANG TOK. dd.xd. Murphy

P.0.0373 Saikung. On 23rd March I took body from Yung Shu Au village to Taipo & thence by lamch to Kowloon Mortuary. Later I identified body at mortuary.

No xx.

LOUIS RAMPLING WHANT. 88.xd.Murphy

Insp.of Police. On 23rd March I went to Yung Shu Au with photographer. There I met Sergt. Roberts with accused. Photographs were taken. 1 shows body lying by fireplace. 2 from same position looks into accused's house. 3 is from main doorway inwards into accused's house. Body was covered with cotton quilt, red blanket & some clothing. Head was uncovered. I saw wounds on head. Blood on clothing on body & on some of the clothing covering the body. In accused's house is trestle bed as shown in plan. On trestles of bed was a pod quntity of what seemed to be blood. There was also blood on clothes hanging above bed & also on canvas of bed. On house on left was canvas deck chair with clothing on floor beside it. Clothing badly bloodstained & a little on the chair. I was present when body was identified. xxd, Macnamara.

Deceased's upper clothing was saturated. He had lost quite a large quantity of blood.

REALTON CHAU. dd. xd. Murphy

Police Interpreter. On 246h March at noon I charged & cautioned accused. He made a statement & signed it as correct.

(Statement read).

No xxn.

Murphy puts in statement of accused at Magistracy. (Statement read).

Close of case for Crown.

Adjourned to 2.30 p.m. Sd.A. D. A.MacGregor C.J. 1.5.40.

Court resumed at 2.30 p.m.

Appearances as before. Jurors all present & answer to names.

Macnamara opens for defence & calls :-

Two distinct defences. Accused says he was not the man who started the chopper fight. Self defence. Corroboration of young boy required. Second defence is that Crown have to establish that

wounds were cause of death of deceased. Attack between 1 & 2 p.m. & death not till 7.10 p.m. (Jury retire at 2.46 p.m.) Macnamara ;

9 Halsbury p. 572 para. 158.

5th Stephens Digest of Criminal Law 378.

Jury return at 3 p.m. & answer to names.

Macnamara continues :-

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