1920-07-20 — Page 3

MANSLAUGHTER CHARGE AGAINST A EUROPEAN.

THE RECENT SHOOTING.OF A CHINESE CONSTABLE.

led:

W

ACCUSED ACQUITTED),

THE

The Attorney-General continued that if

HONGKONG DAILY PRESS, TUESDAY.. JULY ZOTA. ·1920.

* = ! 1

Mr. Jenkin said he did not understand the last questina. Culpable gross negli- genee did not amount to manslaughter unless the possession of the dangerous weapon was unlawful.

Now, Inspector Kent, you are a fair the jury found that "the rifle was fired 'man and I will tell you thing that Williams accidentally, then he was going to say that is going into the box and is going to say the rife was levelled at the constable "us-that this statement of yours that he stated, necessarily. Prisoner' Fife was in no sometime in the early hours of the morn:

His Lordship said that if a man played !!|| danger. No danger to life or limbing of July 4th that he had deliberately,

with londed revolver, and, without mean- threatened him, since he was behind a locked as the case is, fired a gun at these nien, is William John Williams, employed as a

door with a firearm. The only danger was entirely untrue. Now he was confused; ng any harm," pointed it at his wife" or Fitter Inspector in the Naval Yard, as these two men sitting quietly on the steps the man who was listening was pretty busy triem and it went off, it was a case of

manslaughter. charged with the manslaughter of a Chinese

outside the bone. For a pan to point a looking after a cuustable who wag seriously

The Attorney-General said that the act Betective Lo Kam on July 3rd.

Prisoner pleaded not guilty and was de-loaded firearm at another within the disanjured. Now is it not possible under the

tange that a firearm would carry was an irenstances, that there was a misunder-sell might be lawful, but became culp ahly swing to the gross negligence shoynanan fended by Mr. F. C. Jenkin, instructed by assault. That was a very sound provision sunnding ?.

Mr. Jenkin, addressing the jury, 'said Mr. F. F. Nab

Witness replied that Mr. Williams was The following were the jurors empanel of the law. It was also law that if a war

pointed a leaked firearm unseessarily at confused and did not understand what he that the main question was whether the ride was deliberately levelled at one or other Ms. A. Balean, A. Borelio,

nother man and the firearm went off was talking about. "I did not imagine the of the men and water it was deliberately H. A. ‘R. Conant, B. M. Castro, "F. P. accidentally and killed the latter, the many conversation" added the Inspector., discharged. He was sure that both ques-"| Shroff, 1. Hall, and A. E. McCarty who "levelled the gun was guilty of man Continuing, witness said he did not know ties would be answered in the negative. Prisoner did not object to aby, of the slaughter. That, he thought, was wound what prisoner's mind was before hand-If they could transport their minds back jurors.

rommino sense. (Cpunsel quoted "authority"

whether it was a deliberate attempt or noto Kennedy Road on the night in question The Attorney-General in his opening on that point). A man in danger of life

they would realise what a fool-hardy thing statement said the prisoner was charged or limb, cornered or trying to prevent the He said he intended to get one of the men.

was done in sending two Chinese detectives with the manslaughter of a Chinese concomission, of sore forcible and atrocious There were other persons marby, but he stable who was or duty on special patrol crine, wai justified in raising a trearm to did not know whether they heard the ate there who were more or less dressed up an roulies. They did not as rule like to "wear the prisoner's house on the night of the mag attacking him, or the man whom went.

Sergeant Kelly, recalled, said he did criticise the action of the Pulice who pre tected them but when it came to use of July 3rd The case was rather an unfor.

he was trying to prevent, buz there must at one, and he therefore thought it the reasonable apprehension of danger to not bear the statement made by prisute tanding in court to answer a charge of that he intended to bag" one of the well sighter one was entitled my what was justified in'

This closed the case for the prosecution. well to remind the jury, though no doubtute and jub beture' bè

be raised it unnecess Prisoner then went into the box and the one liked within the limits of deeney and they knew the position, to be well guarded doing that, and

In reply to taking place, could they imagine anything tracy was read out to him. against the influmes of sentiment in their stray and it went on, evia accidentally, lengthy statement be made at the Magie fair criticism. Having regard to what was -decision. He was sure all felt for the the man who invelled it was guilty of questions from his Counsel (31r. Jenkin), more foni-hardy than sending a couple In this case deceased was witness said that burglars had been on his of men-after repeated reports of burglaries Os the date at midnight, drewed up in the sante inan. verandah about five times. prisoner. He must-have been greatly diss.ughter.

t'aud the steps were con

concerned in the case he had been on the mer as the very persons who perpetrated the tressed when he found that he had shot a sitting on the steps

watch from 11.30 pm to 4 4. Ho crimes 1 No pretence whatever was made innocent man, and mill more distressed steep. He was shot in the leg, so that the carried the gun at the trait and crept down in the case that the people were warned, when he found that the man, hail after ride must have been pointed downwards stairs. The gun was held underneath his and the only suggestion of it was that made E He had never fired a rifle be on June 18th, three weeks previous when wards died, Prisoner was in 'à very un-

At a considerable angle"and not at all in

Helferately in this spun at either of the house when a pane of glas was removed unisbl. position, standing is tria! -for the portion in which ordinarily it would came out for Husgkong. He did not an attempt was made on prisoner's can men. He did not deliberately discharge it. and when Sergeant Kelly stated in course baving caused the death of a fellow man, be accidentally discharged

conversation that it might have one could not but! bat, on the ather hand,

The Chinese Dotective be accompanied The discharging of the gun, which suime of

quently wounded the man, was absolutely been two of. bis On T prischer i the deveused on the night of the shooting, un-intentional. He attributed the discharge had seen about. There was no doubt gave similar evidence to that which he gave of the gun to the state he was in at the that at the period that particular district at the Magistracy.

time. He considered his life 10 be in Cross-examined by Mr. Jenkin, witness said that they were sent to Kennedy Road danger. He wished to point out that in wax in more or less terrorstricken condi- affect that the burglars were not successful bad wives and families, knew what it on the night in question to catch thieves his statement there was a paragraph to the tion. The jury, many of whom probably bey were not sat there werely to frighten in entering bis-hause. They had removed meant to have those skepnks of the nights Now if you want to sucosed in catching a pane of glass, but they did not enter as about many of whom were-of-a-D-4/

he and his friend were too quick for them, "perate charnetır. a man you take every precaution you can tie was married and had a daughter. nine panic was reasonable, and the Police sent not letting yourself be seen Yes; that teen years old, it son, seventeen years, and two plain-clothes men to patrol the districts. why we were sating in the dark.

another daughter, sixteen years old. The without informing the residents. They, were kun, niso take the precaution of 10 residents of the terrace were in a state & walking about is a suspicious manner and owing to these bürglaries. His own it was only natural that prisener should baking a powe/-Yes," la reply to a fur-

unit were to use in fent of their lives, imagine they weretnice. But be Fae no ther question on the same point witness. admitted that they moved about cautiously denied making the statement 20 intention whatever of charging the on the night in question before they, took Inspecter Kent that he intended to "bag" gun and that was the crux of the case, Why should prisoner have come downstairs a seat on the steps. He did not hear any one of the burglars.

Cross-examined by the Attorney-General, and waited two minutes before he fired a police whistles brown before the shot as arvu. "Where had been a number ut bur glaries in the district. He did not know soner admitted that he said he thought shot, if it had been his incendien to about whether the men who, were attempting to they were thieves and that it was a very then That was a question which had not When he spoke to been answered; if it had been it would have cut the burglaries were determined or Inspector Keng about his nerves he was been in peimur's favour. The answer was Deceased and be were both carrying warned not to say anything. He was on that he had no intention of shooting. divery because they expected that they vinced at the time that the men were There were eisenmstances. In which if they t have to use them. He could not wezhieves. ln the arst acea dezective would easonable apprehenion that they'

side the best det in the open as they did, it there that tendency and, to view the, case thro the house, but anyone 1ing on the were detectives they would have eutraled; would in attacked, they have a right felt inclined to sympathizona 10 could as a person who was s

themselves. He considered his life was in

feel regret for the constable, shot down in the everution of his duty by one of the very persons whose property he was trying to protect.. One was tempted to think that the lot of a constable was indeed a bard one i, in addition to rusaing risk of life and

hub from the criminal clagues, he had slo to run the risk of being shot and killed by the law-abiding public whom he was there to protec Further their sympathies with the family at the deceased inust not bind them to the position of the prisoner, bit, the other hand, their nipathies with The printer must not blind them to the fact, if he were convictve, that by bis rash act he caused the death of a fellow treature. Ho the Attorney-General) had referred in this question of sentiment because he want, ed to ask the jury to do their best to banish it from their minds, Some at the might side and some with the sympathise with te other. Each one would have a tendency widence in accordance with to wein

N

and coldly on the

10

i

rence was then given

people away..

hot,

with the steps,

and his inwile he would ask them to think of the very distressing position of the prisoner. If they were inclined to have their feelings more moved by the prisoners side of the matter. he would ask them to think bow they would regard the case if one of themselves were the constable and had been shot, as he was from the inside He would not have then decide the case on these considerations only, but he puz these aspects to them first in order to remove any bias. The facts were quite simple. The prisoner lived in a terrace at the east end of Kennedy Road.

"izes terrace and other parts

i

regrettable "incent.

ise rearm.

That there WAN 1

Prisoner state of mind Sergeant Kelly who was the next wit danger. He had a loaded rifle in bis hand ist have been the gaire, although there uess, was cross-examined at length by Mr is frighten the therrs away. He did not was no intention whatever of using the fire- Jenkin during the course of which he said think that his finger was on the trigger arm. Did they believe the evidence of that he had a conversation with the pri- more than a mute before the gun went lcspector Kent? He was now speaking as prisoner's mouthpiece. The jury werd The rifle went off, when the man oner on June 16th when the latter com off.

standing between prisoner and a sentence, plained that he saw two men walking about ascended the steps,

You Bay the place in a suspicious manner. Witness

I raised my rife to let them and were they convinced. without any replied that it might be two of his men, I was armed. I thought they had seen doubt at all; that the evidence of Inspecter The patrol was started on May 18th

me inside the door. Do you really ask Kent that the gun was deliberately fired, the jury to believe this I am stating the from one sort of a position, was correct! Did they believe that prisoner held his honest truth,

rifle at the shoulder and that he took wome

Ho

Do you really suggest that you held the rifle pointing at these to men for the sale form detectives

purpose of showing the you were armed

I did not point it at them. You must have pointed it, otherwise you would not have shot one.

92

ad not suggest that after that date that the residents of the place should have been free from apprehension. The men might have been of à particularly determined Certain character. That was why the had been reported to the police writer since the Cresson Street affair. armed. The detectives, and gene Kennedy Road, and special patrol as It was hard to say if in the Wanchai di

on at night to prevent any further trict there was more crime than in gay burglaries and art the burglars. That sther, especially crimes of violence.

One patrol had been carried out for sume time of the barglaries in Kennedy Rund had Lype, and the night in question, July 3rd, a been of a particularly determined detetive and another constable, the de- for a pane of glass was upshed. He had censed, went out from No. 2 Station about picked-up a taper made of rag in the house 11.30 p.m. and went to the terrace where of Mrs. Evans. The smoke from the burn- the prisoner lived. They proceeded to ing rag was sometimes dangerous, and was look around the terrace, examining the useful for suffocating persons. The first grounds at the side, looked around the intimation Mr. Williams received of the pillars and around the back, and walked patrol was on the night of June 16th. The about, apparently quite freely and openly, residents of the locality had reasons for The prisoner being in a state of panic. Attacks had been in front of the terrace apparently was watching them from ap made at night and in daylight. The attack stairs, They eventually went and sat on made on Ars, Green was violent, and so the steps of his house. After a little while was the attack on Mrs Reed, which was they beard a noise from the next door three days before the shooting. Their house, No. 54. Deceased got up to see the state of apprehension was reasonable, as cause of it, and either as he was going down the men were determined and were prepared or as he was returning around the pillar to go to nas length. It was possible for

to go off

You don't remember having told Insper the stories varied suddenly a shot was trigger to accidentally, if the linger

tor Kent that you meant to bag" the General mas - No. Re-examined by stary witness said that the theatre. Reed was

In reply to the Judge, witness said he one of snatching. He end of it. He had a Police whistle in the house but could had beard that the maght be by the not End it. threat. By determined that that the nian would go to any length.

·Did you really think that? These two men were sitting on the steps and paying no attention to your door, and did not know whether you were standing there did you really think that you were going to frighten them from behind closed doors-1 did think so.

the

of aim? What evidence of Inspector Kent worth on that point. Inspector Kent was a Police Inspector of landing in this Colony and he fold them that he was convinced that the man deliberately fired the rifle from his shoulder and this was based on ne ground whatever, except on a statement which pri soner was alleged to have made and which the Inspector thought at the ring waa jinadarissile.

Witness showed the way he held his rifle and the Attorney General remarked that it was the worst way of holding a rifle.

Witness said his intention way to frighten them. His nerves were quite jumpy at the time.

Don't you think it was grossly careless Mr. Jonkin laid stress on the point chat on your steps, with a finger on the trigger should be taken in writing and concluded on out a rifle at two men who were sitting it was important that such statements when your nerves were bid-I did that to hy wasing that he had no doubt whatever that the jury would bring in no other frighten them.

verdict thas that of not guilty.

The Attorney-General and that

it appeared to his mind that prisoner, owing to lack of sleep and the state of his nerves, nimed his rifle at what he thought was a thief. He refused to believe that the in- babitants of the terrace were terror- stricken and were panicky. They no doubt had an unpleasant

xperience, as it was not pleasant to know

thieves were prowling round the houses at night. There The shot was Bred from inside the

was one glaring fact, however, and that was

of violence The wound was hall by the prisoder

had been that not a single case of reported from there. He was prepared very serious one, causing arvere haemor- rhage, and, in spite of what was done for

believe that prisoner was in a state of bad the constable died of that wound,

Thege-m-Commander. Babington said that nerves. He was prepared to believe that The constable went around the terrace

had been under his care for some prisner was neurotic and excitable and in quite openly, and that fact and the fact reason why be thought that piurder might time. He was suffering from neurotic such a state that he came to the anreason. that they went and sat down deliberately be committed was because the men had and was easily excited. He considered able conclusion that the men were thieves.

gone to the extent of smashing a pane of that when the gun was fired prisoner was But why did he not turn on the lights

in a bad state of nerves,

Why did be not show his rifle? Why did

lead the constable fell wounded in the wax pinced unit.

him

on the steps of this house where they could be seen from inside should have been suffi- glass.

1

Did you hear of a single case of violence Not in that terrace

cient to tell anyone that they were probably After Dr. To, had given medical evidence Lieut Thornton, R.G.A. gave evidence he not fire in the air to frighten them 1 not of the criminal class. Their actions similar to that which he gave at the lay to the pull of the rife. He said it was Instead, he stated that he waited for a gave good reason for supposing that Magistracy, Inspector Kept went into the possible for a rifle to be discharged un-minute with his finger on the trigger and

Prisoner box.

intentionally. they might be policeman..

when a person was in a statel 1 that it went off. He did not attempt to the defence that by accident In his cross-examination he said that the of excitement. He had seen that occur on hring their attention to the rifle, but stood had put up

hava bren levelled at the a rifle range.

there with his finger on the trigger.because he discharged the rifle. He (the attorney rifle General) would put if to the jury that shoulder and then fired; otherwise it would This closed the case for the defence and he felt that his life was in danger. It was the rifle did eet go off by lodident, and bars be impossible for the inmate have Mara linkin pet it would have time il bis for the prisoner to prove that he was justi- but had not done so, that prisoner fired it intentionally. He untered the knee Mr. Williams had told Lordship directed Counsel on what points fied in. was also going to submit that in the him that he meant to bag one of the men. they should address the jury.

*** neither was he justified. If a man showed Mr Jenkia: This additional statement His Lordship said the first point would gros, carelessness he was also guilty, and cumshoes of this case, even if the shat

Sred Tccidentally the prisoner war makes the statement at the Magistracy be Die defendant intend to bro at the jury rejected the first two questions

deceased,

1 or otherwise? Becond; did he they were bound to convict him for grosa still guilty of manslaughter. Before the entirely different 1. prisoner Bred the shot. befort he levelled... Witnew; It does not miske it different. deliberately paint the rifle at deceased or carelessness as he had no business to point. Mr. Jenkin said that the words "I meant the other man without actually meaning to a rifle at a person when he was suffering the rifle at the constable, he gave so chai- longe and he did not put on the light, to bag oze of them" made it look as if the fire-If dither question was answered in the from nervousness whh would have shown trim the character shooting was a deliberate affair.

affirmative that would be equivalent, f

tif H. Lortship, in a lengthy summing of the people outside, since as soon as the Witness replied that those were prison prisoner being guilty. The third questra aid it was unreasonable for people wh Fight went on had they been burglars they Let's own words He did not take the state was Did defendant merely mean to be asked for Police protection to expect would have run away. At the Police ment down at the time na ba was busy, and or display his weapon without any inten Police ring them up on the telephones Station "priseser made so statement of all, was smothered with blood. He had not tion of levelling it or pointing it at every night and say they were sending but before the Magistrate he made a long made a record of it dince. The statement deceased 11 this question was answered detectives on duty. The whole case turned I be equivalent on, the questions: Whether the prisoner Ftatement (hich the Attor PL made at the Magistracy was drawn from in the ke, that

deliberately fired at the man, whether he verded to read)

his memory. The statement about to “not Granting that the prisoner's nerves wers bagging" the man was made for the first The Attorney-General asked for the Lapointed his rifle but did not intend to fire; jumpy the Attorney-General sub-time that day. He had not referred to it clusion of the question as to whether pri and whether the rife went off accidentally. mitted that the conclusion the jury ought before because be thought it was not ad sober bad acted with gross negligenesisThe jury returned a verdict of nor to come to was that the shot. As fired missible, as the man had not. been caution. pointing deliberately, but if they were not satisfied ed. The rule was that the man should be promenaded rise in the direction of guilty by 6 to 1, They also expressed

cantioned before he has the man should be to men with a finger on the trigger hender sympathy with did not think prisoner qualified the state from lack of sleep, the serves being in ment, as he was inės state of confusion and such as atute as net to be under contre was disremed. He had not made any - His Torahip? Bich gross negligence or enquiries about prinoser.

to be culpable:

point.

+

Mr Jenkin Would your Lordship per mit prinoser to have a satt He feels the Heat extremely today."

His Lordship :Yes, certainly,

the

with the relatives of the

His Lordship discharged Mr. Williams, who was immediately surrounded by his many friends who were in Court," and #congratulated

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