1920-01-21 — Page 3

VICTORIA GAOL MURDER, PRISONER SENTENCED TO DEATH

ALLEGATIONS DENIED REGARDING GAOL CONDITIONS.

At the Criminal Bessions, yesterday, before His Honour the Chief Justice, Sir William Roes Darice, K.Q, the case of one of the prisoners who escaped from Victoria Gaol and was shortly afterwards Pricated, was continued,

Wong Kwong, alias Nah Loi, wu charged with the murder of Warder James Leslie Speed on December 15th."

The following jury was empanelled:- Messrs. H. Griffin, A. Balean, Un Chun Fni. D. C. Baptists, J. T. d'Almada Castro, F. B.. Vanderberg, and F. Ellis. The Attorney-General (the Hon. Mr. J. H. Kemp, K.C.), prosecuted. Mr. R

THE HONGKONG DAILY

WEDNESDAY

ANUARYSK

The Attorney-General said he did not

Hi Dardship,

the witness, Answering a question by the Attorney

as to how the rations in aid that he had given a general denial propose to recito again the facts of the General December compared with the rations in of the prisoner statement. He had told case, because there was no real defence

witness

said the Attorney General' and Mr. Belilion on the fact Counsel for the prisoner the past few years,

better. They were that it was untrue that the doctor had had suggested that the prisoner did not the rations were getting meat congee instead of rice been deceived, and that the prisoners did take an active part in the affair, but This bad been recommended not receive, half the food they wore was only a mero catapaw. He asked the they could imagine, when congra

account of An entitled to. Ho (His Lordship) took it jury whothar by the doctor on autbreak of beri-bori, which was thought that that general denial was based upon three desparate mon set out on a despe attack on the warders, whether they to be the outcome of the inferior rice that what he had been told by those undertate venture, including a murderous

him." was being supplied. We had been using

would ask another man to join then and what is known as red rice and the sup-

take the trouble of releasing another man as a catspaw. It was par morely to plies failed (could not be obtained),

foetly clear, he submitted, that all the

His Lordship: Was the red rice good rice?,

Witness said that was so.

¿

All

His Lordship asked who was respon sible for the doling out of the food.

Witness said that the food was made in the cook house and then served in tins four men had arranged the affair. Witness: There was a certain amount

occasion. The prisoner was one of the of phosphorus in it. I don't know who the warders to the prisoners. If a four of them had suits ready for the thar the prisoners "considered it good complaint was made, it was investigated three who laid his clothes out in his cell

that is the food was weighed at once Si

to make it appear as if he was sleeping. Witness, continuing, sait the meat out, and if it was found to be short. The prisoner had a knife, and he joined E. Belilios (instructed by Mr. W. B. congee was substituted in November. The weight, the deficiency was made up at in the attack of the two warders. All

Hind) defended."

#

Principal Warder Robinson said that no report had been made of any American drill missing, such as had been used by the convict's for wrapping on the handles of the knives they made. There had not beon any report of missing files.

Principal Warder Osborn said that con victs were prisoners who were in for two years or more. The prisoner lived alone iono cell; all convicts lived alone Short-term prisoners were kept three or four. in a cell. Two men were never kept in one cell.

rice.

prisoners in the gaol were given the approved scale of diet. They were get- ting the same quantity of food, in spite of the scarcity of rice in the summer, na they had been getting in the prison for Sears.

The "difficulty caused by the shortage of red rice was met by, using white rice. Then beri-beri broke out and Capt. Archer, the acting medical officer, recommended boer conges and the Governor approved it.

Prisoner's talement that be had not been given half of what the doctor allowed him was untrue; similar- ly the statement that a good many pris oners died of starvation was not true. No prisoners hau died of starvation. The statement of the prisoner that the Chiet Detective Inspector Murison said prisoners had been given only 30 per cent.

once.

"His Lordship naked if no complaint

Witness said the man in the cook-house was rande, who was responsible!

was responsible.

His Lordship asked the witness whe ber, after this statement was made,, he ad gone into the matter fully, making enquiries as to whether these irregula rities were going on.

Witness answered affirmatively. Witness agreed with His Lordship that the replies witness had given in Court were the result of those enquiries, and not his individual opinion.

there was blood on the three knives hand-pt what they should have got was is Lordship asked witness how the from the man's demour in the dock.

ed to him.

Police Sergt. Clark said he arrested the prisoner now in Court at Causeway Bay at 7.30 p.m. on December 18th. The man's demeanour was hot out of the ordinary; he did not evade arrest; the prisoner was alone and was not armed. All the prisoner said was, when he was asked, that he was Wong Kwong. The informer pointed him out. The prisoner had been in custody ever since, and had

not been able to communicate with any one outside.

absolutely untrue.

Asked by Mr. Belilios how the convicts could have made the key that allowed them to open the main gate, witness said that the prisoners repaired, locks in the prison, and it was possible for an expert workman to make a key from an impres sion un wax or some other material. Chere were at least a dozen keys of the sume gate in use by different warders; not exclusively European warders. One of the keys was mined in April last the only occasion that this particular kind of key had been missed in his collection. As regards the cell-key, a prisoner locked in his cell should not have any patty or wax in his cell with which he could obtain an impression of the key. Systematic searches were made of phe cells witness did not agree that

prisoners could have obtained the civilian Witness clothes they had escaped in.. thought they had been made in the tailor's shop, but under their prison, jackets, which were loosely made, and taken to their cells.

is Lordship This shows carelessness, to say the least of it, on the part of the oncer-in-charge of the tailor's abus

19 E2683 Tant is so.

His Lordsnip unserved that it was beyond the province of the Court to the irregularities. The enquire into Court must only get out the facts of the case as far as possible.

Mr.

these things went to prove that he was no catspaw who was driven into entering the plan; instead, the prisoner took an active, part. He reminded the jury that the prisoner had himself said he and other convicts were prepared to go to any length to escape from guol. The only defence, continued the Attorney- Geooral-and that was a wank one-was that of insanity. Insanity was always the last resort of a man who had no de fence. When a man put up that defence, they always got a certain amount of acting in the dock, so that the jury in the present pase must not draw inferences

What, he asked, was the basis of the pre- Heat defence of insanity! It had been said that the man suffered from delusions, encouraged by bad treatment and insuf ferent food. In reply to that, the Cours had been told that the prisoner got the same food as the other prisoners. During the term of nearly four years be had been in gaol, he had made only two complaints in regard to the food. They all know that prison diet was not a luxury, and na doubt the prisoners sometimes wished Belilios, addressing the jury,

a change. The prisoner saked the jury stated that, on December 16th, four con- vica, imprisoned in the gaol for various to believe that he had starved for years Principal

Macleod expreased a

terms, were successful in effecting their and he barked his request by lies. To his desire to take the oath in Scottish a convict could not make a new escape. Prisoner was one of the four long statement, Mr. Franks had given a fashion. The path was administered by key without an accomplice. Prisoner inen The jury bad heard the evidence géneral denial. The prisoner had said 4 was an expert workman; he was of the Crown witnesses as to what had that the warders had bow giving tobacco Bia Lordship. Witness said that he emplored in the tinsmith's shop, and happened on the early morning of that to certain of the prisoners; it was to be heard whistles blown and the alarm bell given indifferent supervision, he could day. He submitted that there was not a supposed that the prisoner got nemo of basily have made a key. This expert single eye-witness to the actual stabbing, it-He alleged certain immoral prac ring at about 4.20 on the morning of key-maker should have been watched so apart from the prisoner himself and tices, but did not say that any warders December 15th Eventually, he went into that be inade only what his was asked to therefore there was no one who could ay made any indecent overtures to him. the gaol with Mr. Franks and some other do He could not account for the key that he saw prisoner attack anyone. There was no evidence, Mr. Kemp sub- the main having been made.gated wibed to impress upon them, and Hismitted, to show that he was not perfectly others. He (witness) went into the main On the question of food, the witness gaid Lordship would direct them as to the law me. He mentioned the case of Rex v found Guard Ayub Khan stand that Ke had received complaints from on the subject, that no matter what the Perry (u 14 Criminal Appeals Cases at bleeding, with his patrol lamp the prisoner in Court about the food since atter convicts did, or how carefully and Pagi 54) in which a man called Beckett broken. He then went into the Chief the outbreak of beri-beri. He had also elaborately the plan was carried out, fde of Perry, who had murdered a lady and Warder's office and found the place in told him (witness) that be did not get prisoner, in his opinion, was no anthree children, was convicted, and raised disorder and spattered with blood. uficient food. This was on April 5th, active partner in the attemp but was the defence, of insanity and appealed.

1918. This

was the only complaint probably the catspaw of the other three. The judge in dismissing the appeal, Worder Speed was lying in the corridor. made by the prisoner in Court about the There was the prisoner's own statement stated that to establish a plea of insanity In the gaol hospital, hus searched Warder food The Justices of the Pence some that, he was in a terrible state of mind, it must be clearly proved that at the Speed and found the gaol key; his re

times put down in the book complaints for some years. It was clear that the time of the commission of the crime, ha volver was miring. Later he found made to them; sometimes they bunched prisoner had a grievance, whether image did not know what he was doing or it blood-stained knife in the chief warder's together a number of complaints and Bary or real he could not say, and he must be proved that he knew what he olice. None of the key in the gsol's key ocumented as to what "action abould be became imbued' with the idea that he was was doing, but that he did not know he dafe, were missing. The key of the key takea. It was possible the prisoner in ill-treated. Counsel had no doubt that was doing wrong. Concluding, Mr. an the corridor. Later, on the same morne Peace. It often happened that eight the other convicts and that the state of that this man did not know he was doing) ing, he found a parcel containing a nume

or ten men made one complaint because his mind was at the time worked upor wrong. The whole facts of the case show- ber of tools wrapped in a piece of canvas, it might give it more force. It was brothers. Some of the implements exed that the preparations had been made bottle of green paint in the same Prisoner was sentenced to 10 years bard roup the complaints together. He did fashioned out of some pics of metal rate minds of cool determined men. Would the others take a madman with Inboar on April 18th, 1816, for burglary, not consider the "grouping system" a found in the tin shop, but the majorithm. He asked for a verdict of guilty. Convict No. 4 was in for seven years for slack way of doing things. Sometimes, of the implements must have been brought kidnapping, and had been sentenced on individual complaint might have in with help of oficial warders. As In the course of his summing up, his Lordship said that the counsel for the escaped attention through this grouping those which might have been made in the defence bad conducted a difficult case October Sat.1918. Convict No. 791 was

of complainta by the Justices. The prisoner gaol the first question was whether those made more difficult by the statement of Bent to guol on April 19th, 1915. for in Court had once been in the gaol four men bad free actees to the work the prisoner with tact and ability. The years for gang robbery. Convict 1785 was bospital for syphilis; he could not say shops, and to this an answer had been defends had been made that the prisoner doing one year for returning from whether the prisoner had been frequently received in the negative. Then show, did not responsible for his actions. It banishment

How were had been laid down that if several com Cross-examined: Neither Ayub Khan in hospital. Witness and not brought to the men concoal them 1 nor Sheer Shab, on that morning, men Court either the JF's book or the they not found out? He did not think bined for an lawful purpose, and, in of an unlawful purpose, tioned that the prisoner in Court had hospital book. He would go so far as to that prisoner had at any time, before in the prosecution attacked them. Some of the tools found say that there was no truth at all in the on the day of the murder, any intention one of them committed murder, they were equally guilty of the murder That might have been pilfered from the car prisoner's statement, in so far as he of taking part in it. He was like patty penter's shop. The tin of paint was the referred to the food and to the alleged the hands of stronger men than was what is known as common purpose. Whether the prisoner killed Speed or no pame as was used to paint the cell door behaviour of the Principal. Warder himself. He doubted very much if the was immaterial. He went with the others The prisoner would come in contact with Asked whether the whole thing was a prisoner was taken into the confidence of to a common object, and one of their the three others who escuped because they tissue of lies, witness said he could not the other three He suggested that it number brought about the death of Speed; ware in the same ward. They were not remember the whole statement. It was was very possible, not only possible but all were equally guilty. The defence had together at work Any attempt at con possible that trafficking (giving prisoner probable, that the whole thing was hatch put it to the jury as strongly as it was varsation between the convicts was stop tobacco) was being done. The men whú ed without the prisoner knowing any possible to do so, that owing to his red by the warders, and it was highly gave things to prisoners were possibly thing about it. It was probable that he imaginary wrongs, the prisoner was improbable that anything like, a long paid by prisoners' friends outside. It came to know about it ten minutes before labouring under a delusion and did not conversation could be carried on among was possible some of the tools had been he was taken out of his cell. In regard know what he was doing. To a long state the prisoners As far as he knew, there thus introduced from outside. These to the rambling statement made by the ment which the prisoner had made, alleg had been no familiarity between the things happened because of the shortage prisoner he thought he was justified Daing bad treatment and other offences, Mr. prisoner and the others who escaped. If of staff in the gaol. Witness had never asking the jury to think, before they Franks had given a general denial in his very straightforward evidence. The evi- such had been noticed, it would have heard of even a penknife, much less tool, decide what state of mind the prisonar denge was not denied. It was customary being brought into the goal. The Indian was in at the time. The prisoner thought for him (the Judge) to review the case, been stopped at once

Re-examined: It was possible for con bread. tho, sugar, and the ginger found that a grievous wrong had been done but to do so in this instance would be victs in adjoining cells to converse in cell 63 was probably given to the pris him. He had given facts and figures of a waste of time. With regard to the through the slits under their doors. The uner by an Indian officer. Tobacco and the food supplies; how he got them suggestion that owing to a disease he was officer on duty bad to patrol three wards. cigarettes were being given to prisoners Counsel did not know. Mr. Franks had adfering from, the prisoner's mind was The warders at night put their lamps by the warders. He had never heard emphatically denied the prisoner's state unbalanced, it was for the jury to con- to the slits and looked through them that presents had been made to prisoner ment but he could only deny it because sider whether the state of the man's mind The warders were felt-coled slippers, so by warders, either European or Indian, bis subordinates had not informed was such that he did not know what he that the convicts could not hear them for itameral purposes. Chinese prisoners him of the things alleged. If the jury was doma, or that he did not know that had, however, complained to him that believe that the prisoner was actually he was doing wrong It had been proved

committed, moving

Mr. A. G. Passmore, Chief Warder, Indian warders had mate immoral

over sufering a real wrong in the neglect of that a murder had been said he could not account for the piece tures to thelu.

his bodily comforts, through insufficiency the prisoner was one of the four men, the fall preparations had been made, and of chupilgi be found in cell No. 63 on Be-examined. It would have been pos of food, and that the suffering had an that an attack had been made on two the evening of December 15th. It traust sible to take an impression of the pass effect on his mind, it was their daty to warders in the outcome of a common pur have been given by someone in an illegal Bay on the soap used in the gaol. When bring in a verdict of insanity In ppose Could the jury-seven men with manner. Is cold not have been given by a man was in hospital, he was non necesport of what he said he had to remind commonsense on the strength of the plea another prisoner. He also found pre sarily confined to the usual prisoner's them of the demeanour of the prisoner put forward, say that the prisoner was served ginger and sugar in the same cell diet. The patient would receive a special in the dock. Course did not call it tare suffering, from such defect of reason at neither of these foodstuffs was part of diet, as recommended by the medical lessness or callousness. Prisoner's ze the time of the murder that be did not Chinese prisoner's diet He could not oficer. The diet of prisoners in gaol was marks during the bearing of the case understand what he was doing nocount for the way these things, had got not intended to be a luxurious diet; it were nothing more or less than sheer not understand the nature of the crime! into the cell Prisoner 781, the occupant was intended to be enough On November foolishness. On the other hand, if the they found that the prisoner unders was one of those who escaped. No. 791 29th, 1919, the prisoner complained that jury, under all the circumstances, were stood what he was doing, they must and was a man of about 30 years of age. the food given to him was short, and it not quite sure in their minds that pris him guilty. If they found that his mind Mr. J. W. Franks, Assistant Superin-was made up at once. On a previous occa-oner & miua was deranged, and if they was so unhinged that he had not sufficient tendent of the gaol, said that he was sion there was a general complaint. There felt that they could not bring in a verdict reason, they must bring in a verdict of Guilty but insane There were only awakened on the morning of Dreamber had been no discrimination against the of insanity be naked that they should,

two possible varilicte. 15th, by the Prison whistles and alarm prisoner in Court,He received the same when bringing in a verdict of guilty re bell His quarters adjoined the prison. food as the hundreds of other prisoners.

(Continued on page 6.) commend the prisoner to mercy.

in cell No. 63. He also found at unreasonable to expeer the J, Pa. tohibited were crude and might have been by clever, sane minds criminal, despe

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