27
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While playing,
He had his back to his bunk and when he collapsed, he fell back- wards and I did not see which part of his body struck the bee bunk, but the bunk was 6 inches out of position. we all sat round the bed (pointed out on plan). Deceased got up and leaned forward over the bed and struck defendant, who was sit- ting opposite. Deceased did not leave his seat. After a few words, both left their seats. The fight started, brought this bunk and arrived on towards the south door. One blow was a downward blow to the shoulders and another a swinging blow to the ribs. Deceased picked up a broom and defendant ran.
Re-ex: It was only after defem ant had given 2 blows that deceased picked up a broom. Defendant was facing south when he delivered the 2 blows. At that moment, defendant had not begun to run. (Defendant was getting the better of the fight - disallowed as in answer to a leading question). The bunk moved as he fell towards it. When deceased fell, he fell to inner end of the bunk and pushed it back 6 inches. sd) Fong Chung Choi,
6th witness recalled for cross-XX:
Eric Himsworth, 16/4/40.
As far as a I could judge, deceased was very angry. I went after him to stop him. Deceased has told to stop and he put down the broom. I did not see 5th witness snatch the broom. Deceased struck a blow on left eye. Then they exchanged blows. It appeared to be that deceased was attacking defendant and defendant was defending himself and that as soon as defendant got a chance, he ran away.
Re-ex: Defendant ran away, being a younger man and deceased oldu an able man. Defendant was running away, when deceased picked up
sa) Chan Chun, his cross,
a broom.
Mr. CHEN:
Eric Himsworth, 16/4/40.
No evidence to convict the defendant on. The evidence is that deceased struck first blow and followed it up with others. No evidence that they were excessive. Just that amount of force which was necessary. Deceased walked back to his bed long enough to allow defendant to come back. Not agressor, no excessive force, and deceased able to come back quite normally and fell with face on to bed? Which blow caused the rupture. Deceased ran, picked up a broom, wielded it, ran after defendant and walked back. He may have become giddy. MURPHY:
1/ Evidence as to how injury happened. The only blows
were these inflicted by deceased. Injury to deceased. 2/ Deceased was 31 years of age.
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