1921-09-13 — Page 3

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WOPING THEATRE TRAGEDY.

'ADDRESSES FOR THE DEFENCE

AND FOR THE CROWN.

JUDGE SUMS UP TO-DAY.

The trial of Yeung Ko for murder, in connection with the Woping Theatre "tragedy, entered upón its final stages, yesterday, with the addresses of counsel for the defenes and for the Crown. This morning, the neting Chief Justice (His Honour Mr. Justier Gompertz) will sma up the case to the jury,

At the outset, the Judge said that be- fore the Congt rose at mid-day last Friday he heard addresses by the Attor- ney-Goner and Counsel for the defence as to the admission of certain evidence. Bing then he had taken time to consider the point; he had had the advantage of conferring with his brother judge and he haul now come to the conclusion, after most careful consideration, that he was pot entitled to admit the evidence.

THE HONGKUNG DAILY PRESS, TUESDAY

Mr. Jankin used as a touchstone, by which to test police evidence in the case, this passage from Taylor on Evidence (para. 57).

KON-

With respect to "policemen, stables, and others employed in the suppression and detection of crime, their testimony, against a prisoner should usually be watched with care; not because they intentionally pervert the truth, but because their profes sional zeal, fed as it is by an habitual intercourse with the vicious, and by the frequent contemplation of human nature in its most revolting forur, almost necessarily leads them to ascribe actions to the worst motives, and to give a colouring of guilt to facta and conversations, which are, perhaps, in themselves consistent with perfect rectitude. That all men are guilty: till they are proved to be innocent, is naturally the creed of the palice; but it is a creed which finds to sanction in a court of justice.

THE WRONG MAN."

PANIO OR STAMPEON

SEPTEMBER 18TH,

HONGKONG IN THE HOUSE.

EMBARRASSING QUESTIONS

On July 28th Major Birchall asked the Secretary of State for the Colonies whêu the local committee of Chinese for the improvement of the condition of mui tuas, in Hongkong was appointed; was the appointment published; who are the members; and have they taken any action or maile any report with regard to mini bar!

It was of great importance to the defence to establish the existence of a panic or stampede, after the shooting, so that it could be argued that the police could not see the murderer before he'ran out, but the Attorney General quoted from the evidence to show that there was no stampede. On the contrary, the evi dence bore out the 'natural expectation that the people would be, momentarily frozen to their ath by the shock. The murderer, wii was the daly person not taken by surprise, would be gone like a Hash with Sin Chinen after him, before the audience began to move. Sin Chur the Attorney-General spoke of as man of promptitude, observation, deter mination and quick decision-one of the best witnesses on could wish to have straight-forward, clear, Frank and shaken by cross-examination. It. his evidente, alone, did not justify a convic-appointing a tion man caught red-handed might hope for acquittal.

Mr. Churchill: The managing enn- mittee of the Po Leung Kuk,, "which exists for the protection of women and girls, is elreted annually in March. The Governor recently reported that he was

committee of -Chinese

ladies to assist that committed in dealing With mui tezi, The Governor has also! recently appointed a commission to ad- vise what measures of regulation of child labour were desirable and feasible, I am not sure to which of these the hon. and gallant member refers, but if he will let ne krow I will enquire further into the matter and endeavour to let him have thef

As to the identification parades, the Attorney General said that possibly the road might have been made more fair, but unless the jury saw good, reason to doubt the identification the fact that the police failed to carry eat certain rules was quite irrelevant. Mistakes of the police had nothing to do with the prisnames. oner's guilt or innocence.

THE TICKET

!

On August 1st. Sir A. Yeo, asked the Secretary of State for the Colonies whether his attention has been drawn to a cage before Mr. G. N. Orme, at the Magistracy. "Hongkang. in which Chinese woIDLU was charged with as saulting a wait child so-small that she could not see over the edge of the witness-box: whether the beating was described by the doctor in evidence a sever, and resalted, in injuries, to the face, head and bady of the child: whe there the fine nor imprisonment was inflicted, and the only penalty imposed was the loss of her services under aa undertaking that she was to be restored to her mother; and what action he pre-

poses to take in the matter!

“1 ain not going to derogate from the bravery of Constable Sin Chuen," said Mr. Jenkin. He has got the wrong Inspector. Murphy was then re-called.

man, but it would break his heart to

Lieut. Colonel J. Ward: Is the right) In reply to Mr. Jenkip (for the admit that, I put it to you that it has been recognised that the nonce bave

The gong-beater's evidence was attacks hon. gentleman aware that the Hongkong defence). Inspector Murphy said that as got the wrong may; somebody in the

ed because, after a glance at the man Daily Press describes this official com far as he knew the police"morning re- police knows they have got the wrong in the theatre he identified the prisoner mittee as so grach official whitewash of ports were confidential. Mr. Jenkin then man, and it was hoped that the finding on the identification parade. But this very serious and distressing sub-

of that pink ticket would establish that draw your attention to the prisoner's ject! banded the mituras a copy of the thin this was the man. The planting of the face said the Attorney-General, it is Mr. Churchill: No, Sir, I am not Mait and fudicated a imarked passage. ticket was the last and desperate effort not a common free: it is a very distine aware of that. "That" counsel said

purports to be to get this man convicted. With regard tive face. The witness picked him out by a copy of the police report in connection them deeper in the mire.

to it, very statement of the Crown puts the face; he only looked for a face, and Hypothesis that is why he failed when questioned with the crime-it is not entailated to follow hypothesis, surmise follows sur about" details of dress.? assist the prisoner in the mind of a jury-mise, but, apply the rule of law, and it

"! ISSUE. leaves the Crown case hopeless. man who reads it, is 1.". Inspector

Counsel dealt with the theories of the

"Anto this ticket' issue," the Attorney Murphy agreed that it would not. Crown with regard to the theatre ticket | General continued. the very fierceness- Referring t a later "Blage" tử the at length and asked, why if he bought of my friend's sault shows what very It shows pablication of te report the Judge said it, specially, to get into the theatre to great weight he attaches to it.

commit a murder, the prisoner should how he realises that it tells against the I do not know how it was obtained, leave it behind. if he bought another prisoner. I did not put in this ticket but it certainly ough; not to be publish- ticket, where was that one?

the Crown as wanted Counsel because thought ed-but I do not see how, if the jury also devoted some time to a revision of strengthening; on the contrary. I put it the police evidence, on searches, applying, in because it was found and it was the saw it, it would affect their minds any at the conclusion, the quotation from plata duty of the Crusn to disclose it, more than a report of the trial at the Taylor on Evidence." He suggested to whether it toll for or against the pri

As to the theory, advanced by the Police Court, There is no comment by the jury with regard to the polica e defence, that the ticket was planted" dence on the searches that the jury should

in the prisoner's pocket, the Attorney The passage was read out by the Clerks, We have bad enough of this sort

of nonsense. Do you think we are going General pointed out how many people to send a man to eternity on that kid this theory involved "and he protested Counsel 190 advanced against the suggestion that the police of rubbish."

were prepared to swear away a man's life

metial. several suggestions as to methods by just for the chance of getting a which the Crown Solicitor's office

The prisoner","

continued the Attor might have got theatre tickets for theney-General, suddenly appears on the purposes of the case.

scene, at o'clock that night, from Can- Dealing with the evidence in detail,

ton. At 8.30 he is caught, according to Mr. Jenkin claimed that he had estab the evidence, running away from the scene lished the fact of a panic people of the murder. In his ether

ceat, perhaps. getting up would obstruct the view of the through forgetfulness, is found a ticket police witnesses and would also hirder for a Beat which

the murder from. submitted that the man in the white He said he was going back to Canton long coat could not have had time to and he had no change of underclothing. divest himself of the coat and wrap the He has told you notaing as to where he came from or where he was going. pistol up in it unless Constable 100 was much further away than he said he was. Counsel has not told you the prisoner's The baniboo fence, again, inust have been story of how he came to be mistaken for a greater hindrance than the policeman the murderer." admitter!.

the writer."

of the Court.

+

The Attorney-General remarked that the words in the report that the dead man's injuries were “inflicted by a man now in custody was the Crown view of the case throughout.

ADDRESS FOR THE DEFENCE.

Mr. Jenkin, in opening the case for the

Mr. Wood: No official account of this case has yet reached me, and I have been unable to trace it in the local press; but I am asking the Governor of Hongkong to furnish & report upon it.

DISTINGUISHED VISITORS. Genoral Leonard Wood, who has recently been appointed Governor-General of the

Islands, arrived in Hongkong.

defence, intimated to the jury that this the pursuit by Constable 100. He further convenient to would he oar of the most Phillies by the Korea-maru. Jest

was the first and last occasion on which he would address them since he did not propose to put the prisoner in the wit ness box for reasons, which he would ex- plain in due course, He felt he was justified in refusing to lot this man an swer the charge."

On the

question

N

Qд

Mr. Cameron Färbes (a former day. Governor-General of the Phillipinea) is

For the travelling with General Wood.. past three or four months General Wood and Mr. Cameron Forbes have been tour- ing the Philippine Talands on a mission of investigation in connection with the appeal made to the Government of the leaders for The

United States by the pendence...

Commissioners are now paying a visit to Peking and Tokyo.. General Wood returns from Japan to Manila to assume the post of Governor-General, while Mr. Forbes proceeds from Japan to Washing- ton to present the Report of the Com- mission.

As to the ticket, the Attorney. General said the prisoner might have left the concession of full of identification, ecuusel pointed out that the Crown did it behind in forgetfulness and bought Counsel prefaced his address with some not, attach importance to the actor's another, or he might have bought two general observations. First, that there identification because be any the man and sed one, forgetting to destroy the was only one standard of justice, in under arrest, just after the shoot.ag. The other.

Criminals often made mistakes British Court of law, no matter what the gong-bester, Mr. Jenkin suggested, could and through then were detected. creed, the social status, nationality or only have had a fleeting glance at the the case as a whole he submitted that the wealth of the prisoner. Secondly be running man. The identification parades, evidence of Constable Sin Chuen, alone, naked the jury to exclude from their

were not conducted--he was sure, unin was quite enough on which to find the minds anything they had heard apart tentionally on the line fairest to the prisoner guilty. from the evidence-in regard to a case

prisoner, witness the fact that the men which had aroused great public attention. were not similarly dressed" and the Thirdly, Mr. Jenkin asked the jury to prisoner's position was not changed. disabuse their minds of prejudice with Thoan who failed to identify, who were a& regard to lawyers. There was a common majority, provided negative evidence of view, he said, that a lawyer was who would get up and argue anything for a fee; and that what he argued the length of his argument and tie zeal which he displayed was to be measured by the fce he received. There was no greater man. fallacy and no greater slug upon the profession than any such view,These views were "held and might rightly be held by some people by the observance

man

valuo.

Conclading, counsel. submitted, with the utmost confidence, that if the jury. found a verdict according to the evidence, the prisoner would leave the dock, a free Counsel's address lasted for over three hours.

The Court rose at half past four, the Judge intimating that, in the interests of justice, the jury should not be required to sit any longer on one day.

The proceedings will be resumed at 10.30 this morning.

THE YOKOHAMA SPECIE

BANK.

THE HALF-YEARLY DIVIDEND. The local branch of the Yokohama Specie Bank has been advised that at the half-yearly meeting of shareholders

The Hor, Mr. Claud Severn, C.M.G., Colonial Secretary, went on board the area-marn to welcome the distinguished visitors to the Colony. They remain here until the vessel departs on Thursday. H.E. the Governor is giving a dinner to-right in their honour. H-E. Lieut.- General Sir George Kirkpatrick_will also entertain them a Headquarter House.

VALEDICTORY.

A CONSULAR LAMENT.

FINAL ADDRESS FOR THE CROWN.

The Attorney-General (the Hon. Mr. of the minority in his profession but it J. H. Kemp, K.C.), said that after the was wrong and it would be improper for vigorous, picturesque and very able trial, in any event-he would nos disens speech the jury had just listened tu, what held at the Head Office of the Bank at left the service to join the British

he had to say would be rather duit and prosaic.

anybody to hold them in n criminal

BO

"

Na-

Yokohama on the 10th inst., it was resolved to pay, a dividend of 12 per cent. per annum for the half year ending June 30th, 1921, to add to the reserve fund ye 4,000,000 and to carry forward the sum of yen 4,750,000 to the next account.

ROBBER IN PRES DENT -HSU'S OFFICE.

Archibald Ross, of the British Consular It was recently announced that Mr. service, who has acted for some years as Commercial Attache to the Legation, has American Tobacco Co. A poet in the Peking and Tientsin Times bursts into the following lament:

Our Archie is no longer ours, Our Rose no longer blooms Among the high official flowers That grace. Legations' rooms. For Archie, born to blush unseen, Is wedded now to Nicotine. The glamour of the D.O.T. Entices him no more;

AN ASSASSINATION RUMOUR

He now has seized his B.A.T. A robber tried to break into the Presi And means to make a score dent's office at midaight, on August 31st, And when he's old enough for gout but was detected by one of the guards, wheWe trust he still will be Not out. chased the intruder and seized him ne he

civil trials. Where a man had insuf- Acient funds to provide his own defence Before I proceed, said the Attorney. a kind hearted and benevolent govern General, "I should like to protest against ment would see that that man bad the suggestion, maids and repeated, that a barrister assigned to him. "I have not man who is not a European gets less been assigned to this man," declared justice and less care in these Courts thin Mr. Jenkin. It so happened that he a European. That is not true. It is a had funds with which to pay me. Bat false accusation, and I resent it and pro- if he had not paid me I should have been test against it strongly. It is suggested assigned in the ordinary course, and, if that, if the man had been a European, the

should have done as much as I am caan would have been presented, in doing now. Any rember of the Bartionality, race, has nothing at all to do

different way. That is not true. would have done the same. Any with the case.

I feel, also, that I ought thing done is the result of the profes to protest against the continuous and sional prks that one which treats & reckless-1, call it, recicles-this case, under a system of law a

against the in man so fairly as the British system of Anything inconvenient in the evidence is law does."

said to be untrue. The police are accused was getting over a wall. A fierce struggle It may be hoped we now shall get Mr. Jenkin aise referred to the pris of having recognised that the man is not ensued, but the robber broke away and in gaudy box or jar oner's appearance. People said to him, the right man That is not true. They finally made his escape. This morning a

Your friend is a handsome fellow, are accused of trying to bolster up the steel" jemmy" was found where the man The isn't he "He looks guilty just look at cnas by false evidence. That is not trust this morning led to the belief that the An was first seen. An inquiry into the affair The

bad nothing to do with it. He did not Chuen is make his face it was given him by Pro false evidence, Inspector Murphy is sub vidence and if it was one which did not orning perjurers I have never known appeal to them, or did not come up to case, in which so many wholesale and reck- their standard of beauty that had less accusations have been made against

the police. Wby1 absolutely nothing to do with it.

Because unless the defence convince you that all the police" DEARTH

have given fölso cvidence you are bound, OF. WITNEBEES.

"dishonest,"

Blush Bose ladies' cigarette, Archie, in a smoking jacket

Archibald cigar;

his face." The prisoner's appearance Sergeant. 101 is fabricating man intended to assassinate the Presi- Will decorate each ten-cent packet.

One of the most extraordinary features

are so strong "that the only way to get

dent, but no further details have been

disclosed.

A LARGE EARTHQUAKE. A Jarge earthquake was recorded at the

on the evidence, to convict. The facts Observatory, on Sunday, soon after of the case, counsel proceeded was the rid of them is to say that the whole of nuon. The preliminary tremors com dearth of unbiassed, reliable witnesses, the witnesses are lying, and the police menced at 126. em. 365 and the second in spite of the fact that the murder was are prepared to support perjury.

phase at 12h 13m 40. Inige waves com- committed within "sight and hearing of The Attorney-General discussed differenced at 12h 16m. 35s, and lasted until Over 1,000 people. It was to be concludent people's powers of observation and 12h 44m 40s, with maxima as follows: ed from the fact that there was not Aurged that, in details, one expected member of the audience who could give variations. Stories. too much alike in "useful" evidence that-there was a panic details vero suspicious

A point had

For witnesses the Crown had only actors been made as to the introduction of new, and policemen-people who counsel sub- evidence; some of this was brought to mitted, intentionally or unintentionally, rebut suggestions made by the defence would be influenced by a motive the some at the request of the defence, and practors" because of the death of their soma in mrport of a new issue regard- leader and the polica; for professional thy the ti ket-only known of a week

#CASONE.

"ngo."",

Time.

h: mi

12 18:30 12

Amplitude.

m.m. $18.7 31,2 04.5% 02.0

110.8

18.0

But when our Rose has run to seed And Archie's really bald,

We trust that old the fragrant weed He'll be quita well installed; To make a will he scarcely needs: If Wills make him Rose of Weeds.

TO DEVELOP MINES IN

KWANGSI.

The Canton Times anys 1-

In a memorandum to the President, Lui Chi-yi, Minister of Interior, em phasised the necessity of developing the mines in Kwangsi and suggested, that a mining export should be sent to make a murvey of the mining conditions in that province, thank

It is reported that Wong Sun-chi, has been appointed to the post of Director of the Bureau of Mines in Kwangsi," ";"

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