1925-12-23 — Page 4

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CRIMINAL SESSIONS.

[BERORE THE CHIEF JUSTICE (818

HENKI QOLLAN).]:

THE MURDER CHARGE.

The trial of the Chinese who is charged- with murder of Tas Mohamed, an Indian constahla, at Ngan Shi Wan on July 8th was continued, yesterday, -e

The Hon. Mr. J. H. Kemp, F., pro secuted, and Mr. Elsley Zeitlyn defend

ed

RECENT BORDER INCIDENT. ENQUIRY INTO SHOOTING AFFAIR CONCLUDED,

JUSTIFIABLE HOMICIDE".

The enquiry into the circumstancos Bur- rounding the death of two unknown

Chinese, apparently strike pickets from the Chiness side of the frontier, who were shot by Sub-Inspector D. W. Barnett in Mr. Zeitlyn continued his cross-exam- the hills at the Sheung Shui district on nation of the chief witness for the Crown, December 1st, was concluded at the the Indian Sergeant who found the de Central Magistracy yesterday afternoon ceased wounded on the hillside and later by Mr. E. Lindsell sitting na

identißed the prisoner.

Witness produced his note-book in Coroner, with a special jury. which he had made entries concerning the The members of the fury were Messrs. occurrence. He stated that the entry T. H. G. Brayfield (foreman), George with reference to seeing the prisoner cutting trees, his arrest, and his eventual Grimble and J. P. Braga Mr. W. G. disappearance, was not entered soon after Gerrard, A.S.P., Now Territories, North, the occurrence because he was kept busy and had no time to do so. Questioned conducted the case for the Police. sa to the several entries in bis notebook,

After, two Weihaiwei constables had witness said that he wrote some but that given evidence and Sub-Inspector Bar- others were written from his dictation by another Indian constable. He did not nett had beeg recalled and further ques- show Inspector Murphy the report he had tions put to him, and Mr. Gerrard bad made with regard to the occurrences of also been briedy questioned, the Coroner July 9th until October 3rd when he ident delivered his summing-up. Following a fied prisoner as the man who had been inbrief retirement by the jury, the Coroner verdict of "Justifiable

the custody of Yas. Mohamed."

Questioned as to an entry which stated that the deceased was shot in the left side, witness said that he had put it down to aid his memory,

Mr. Zeitlyn: You could not then rely an your memory i

returned Homicide.

藤

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being fired at twice by the person at The Foreman: Did you believe; after

whom you shot twice, and who appar ently escaped, that the remaining two A Wothaiwei constable, Pi Wen Chau, persons whom you were after were stationed at Sheung Shui, said that on similarly armed when you fred at them

Witness: The book is for the purpose December 1st be accompanied a Sergeant-Witness: Yes of *aiding's one's memory. If I forget to Sun Uk Ling. Before reaching Sun

He agreed that he could never forget

your comrade?

The Foreman: As regards these three

SPEEDING.

EUROPEAN FINED AT THE MAGISTRACY.

Mr. E. P. Fletcher, of the P.W.D... appeared before Major C. Willson at the Central Magistracy yesterday, to answer a charge of driving a car at a,dangerous speed on December 3rd. The charge was denied.

evidence that two were picked up by a Shantung policeman and one by A Sergt. Baker said he was on duty at villager. Do you think is possible that the junction of Garden Road, "and Lower - although you found no firearms actually Albert Road, when he saw the defendaat

fore you shot at them, dropped their up Garden Road to the P.W.D. by the finding themselves in a tight corner be firearms and that they were picked up and concealed by other searchers who Tram Station. At that time there were Assisted in picking up these exhibits two cars standing stationary, waiting for I do not now think it likely that the two the policeman's signal to enable them to men were armed; if they were armed proceed up the hill. There was another they might well have thrown away their car going down the hill, and one travel- ling down Lower Albert Road. Defen. arms.

dant passed the two stationary 'cars, and turned into Lower Albert Road at 3

anything I can refer to my book." Uk Ling he met a woman who reported badges, I believe it was put down in the sight of Yas Mohamed lying on the that she had been robbed. He went on billside grievously wounded, but he past Sun Uk Ling towards Man Kam To. thought it advisable to make a note with He and the Sergeant turned toward a regard to the wound of decessed:

Zeitlyn. Then why is it that in gap in the hills on the way and he saw your notebook there is no description of three Chinese running toward the top on the persons of the deceased, that they driving an "Austin 7" He was driving the man who was supposed to have shot of the hill. Witness heard one shot and

Witness: It was not necessary.

could still so the three men running Questioned as to a statement in his at the top of the hill. Five or six other bock which stated that when first seen, shots followed and the men then dis the prisoner was coming towards them, he said that it was so. Counsel there appeared. He could not see who fired upon pointed out that he had previously the shots. Two shots were fired by the stated in evidence that the man's back Sergeant. When the man disappeared, was turned all the time, until he was arrested. Witness said that he dictated witness and the Sergeant climbed to the this note to another Indian constable, be-hill-top and he saw two wounded Chinese

MR. GERRARD QUESTIONED. Mr. W. Gerrard (A.S.P.; North) was

speed, witness estimated, at 20 miles per hour.

The Coroner : During the past few Mr. Fletcher said he followed a taxi, months have there been many eases of which suddenly stalled and slowed down rabheries near the border 1-Witness; | quickly as the gears were changed. He Quite a number. There have been several put out his hand and the constable in- on consecutive days and then at intervals. dicated to him that he could continue up The Coroner Have the reports often Garden Road. He did not agree that stated that robbers were armed 1-Wit-down trafle was free and up traffic was stopped, and he denied that he was The Coroner: Usually Witness: In travelling at 20 miles an hour.

cause he could write better than he could.} lying down. From the top of the hi; questioned by the Coroner. Replying to another question he said that during his Afteen years in the police force, he saw the third Chinese, about 400 yards he had only made one other serious re away, near the foot of the hill. port.

In reply to a question, witness said His Lordship: During the 15 years in the Sergeant fired two shots when they the police force you have only made one went to climb the hill and witness fired other entry of a similar character? one shot from the top of the hill at the

Witness:

The other third Chinese who was running away. The pess: Yes.. Yes, only one.. was in 1914, when I arrested a German last shot was without visible effect. prisoner who had escaped from the Prisoners of War Camp)

40 years

He said he estimated his speed on his own judgment. Most cars went up there at about 18 miles an hour.

At such a busy corner, said the Mazis. trate, even 15 miles an hour seemed too fast. Defendant would be fined $10.

OTHER TRAFFIC CHARGES. Charged with not having proper control of his vehicle, the Chinese driver of a larry belonging to Messrs. A. S. Watson & Co. was fined $25 His excuse was

tame seat as himself.

Another Chinese was charged with fail- ing to report an accident which occurred DG December 12th.. This case way ad- journed for a week for further enquiries to be made, bail being fixed at $100.

Another Weihaiwei constable, Chi every case. Ching Ho, said that or December 1st, The Coroner: Have you made any Further questioned by Counsel, who he accompanied the last witness and the effort to bring before the Court the three pointed out the various entries made in Sergeant from Sheung Shui to Sun Uk women mentioned in this caso --Wit I have made every possible the notebook, witness said that others be- Ling When the last witness and the aess side himself wrote in it.

Sergeant turned off to the hill, witness effort. Re-examined by Counsel for the Crown, continued straight on and then around the The Coroner: Any or all!-Witness: he said that he had, used many books hill. Before parting with the Sergeant he All of them. during the time.he had been in the police heard five or six shots fired on the bill The Coroner: I suppose you would force. He had used them with regard to side. He could not see anybody when he have been glad if you could have got one traffic notes Questioned as to what age heard these shots. About ten minutes-Witness: Yes. They sent a deputy to he thought prisoner might, be said that later, after parting with the Sergeant and see me. They sent word to say that they he would take him to be between 38 and going on alone, he heard a single shot. were afraid of reprisals by the strikers that he could not exercise proper control. When he got to the Brick Kilas road he and that if they came to Hongkong to owing to his carrying passengers on the Chan Chau Fai, a Chinese constable, saw a man disappear into a sugar-cane give evidence they feared they would be who was one of the party which set outfield, about 100 yards away. Witness killed or imprisoned.

The Coroner. They live across the for Ngau Shi Wan on July 8th, gave heard no more shooting. Witness went similar evidence, He stated that heup the hill to where Inspector Barnett border-Witness: Yes

The Coroner: You have examined identified the prisoner as the man who was and saw two men lying down. They was arrested for cutting trees on July had been shot. He helped to search the theac note-books and the translations of eth. When prisoner was paraded first, vicinity for arms and found two badges be identified him 50 per cent, but when which he handed to Inspector Barnett he was dressed in the same clothes which upon his return to Sheung Shui. be wore when he was arrested, he recog

INSPECTOR BARNETT RECALLED. nised him fully. He stated that at that time prisoner wore short trousers.

Inspector Barnett was recalled and Replying to Counsel for the Crown, Lasked a number of questions by the witness said that he was certain that Coroner.

THE SUMMING UP.

Dealing with the law of homicide, His prisoner was the man who had been The Coroner: You have heard the Mr. Lindsell in the course, of his sum-Worship said i was clear that from the arrested for cutting trees.

evidence that the Weihaiwei Sergeant ming up said he did not propose to com- earliest times the common law of Eng- Cross-examined by Mr. Zeitlyn, wit gave at the last bearing to the effect that ment at any great length upon the land, which ran in this Colony, regarded ness said that he and his companions left he heard five or six shots fired up the evidence, because the main facts were some cases of homicide as being strictly Kowloon City Police Station at 4 a.m. hillside, followed by five six more. clear. There could be no doubt that justifiable and there was no legal penuity and arrived at Ngau Shi Wan at about Can you understand that evidence these two men met their deaths from shots for that I an officer fired rashly when 5.30 4.m

A little later they came upor Witness: The man that ran down the fired by Sub-Inspector Barnett. It was he could have effected an arrest without a man who was carrying a tree trunk pathway fired two rounds and I fired two for the jary to decide whether they would violence, then it became murder, Ap on bis shoulder. When he saw the police rounds. When I came to the top of the accept his story as a full and true other point of law was that a police he did not drop the tree and bolt. When hill I fired three more rounds at the two account of the events leading up to the officer was legally entitled to arrest with- it was pointed out to him that in his men.

shooting His story was a straightfor- out warrant anyone he reasonably aus- depositions at the Magistracy, he stated The Coroner: So there were four shots ward one. "At Sun. Uk Ling he received pected of having committed a felony. that he did “bolt," witness said that he fired to begin with and three shots fired information of a robbery. He learned never said it.

Asked as to what age he thought the man was, he said that he considered that he was about 50.

At this stage the case was adjourned until today.

(BEFORE MR. JUSTICE WOOD, THE PUISNE JUDGE.]

SENTENCES FOR POSSESSION OFARMS.

1

| afterwards 7-Witness: Yes, ..

Mr. W. G. Gerrard (A.S.P.): The re- ports, your Worship, would echo.

The Coroter: And you are absolutely certain then that only air de seven shots were fred in your neighbourhood Wit ness: Yes.

the contents. What did they convey to your mind Witness: They conveyed to my mind that they were the note-books of a strike picket.

The Coroner: That is all the evidence that can be put before the Court 1.

Mr. Gerrard: Yes.

them.

these men were members of a

strike

picket. That, he thought, was merely n

"matter of interest for the Executive and not a matter that concerned them (the court) judicially.

So much with regard to the law and it only remained for the jury to decide. certain questions of fact

While they were retired, he would ask them to consider and bring back answers to the following questions

that robbers were in the hills and made an effort to cut them off. On the hill side he saw three men, whom he suspected were robbers. His suspicions were con- firmed when he heard a shot, apparently fired by one of them. This man got (1) Did Inspector Barnett have reason- clear away and Inspector Barnett went able cause to believe that these three, The Coroner Apart from your appre in pursuit of the other two. Twice he men whom he met on the hillaide were hension that these two men running away came face to face with them. The In- robbers, that was for say felons, who had might be armed and might open are on spector had told the court that he frat robbed women 1

(2) Did the two men who were killed. you do you consider you could have ordered the men to stop and, the second arrested them unless you had fired time he fired and brought down both of fee when he attempted to intercept them 1 Witness. Ng

(3) After they did flee did he have He fired for two regions, firstly The Chinese who pleaded guilty on The Coroner: Was your idea in firing because the fugitives were probably arm- reasonable cause to think they were arm Monday to possession of arma, was fined to kul or merely to stop them 1-Witnessed and secondly to prevent them escaped and might shoot unless he fired first? - 8100 or three months' imprisonment. To stop them. ing. His story was corroborated in cer- (4) In the circumstances do you con-

He had been found not guilty of a Tha Coroner, And at the time were

Inspector could have sider that tain material points by villagers, but part charge of shooting with intent to do you quite satisfied that they were of their evidence was unsatisfactory effected the arrest of these men without bodily harm to a Chinese constable, robbers who had been robbing these There seemed to be no reason to doubt, firing when a party of police, on having no women-Witness: I was quite satisfied their story of the highway robbery, con- It would be for him, concluded Mr. reply to a request for admittance tried that these were the three men I was told tinued Els Worship. It was unfortunate Lindsell, to determine the legal effect of to forms open the door of his house. Houbout. I believed they were robbers. pleaded that he thought they were rob The Coroner Had you any other bers, and the jury accepted his story. motive for wishing to stop them -Wit The two Kowloon houseboys who were ness Only that one of the men fired on charged with possession of arms" were me." each sentenced to nine months with hard labour.

TAI O RAID SEQUEL E

Six Chinese were charged with having beon concerned in an armed raid at Tai O. It is alleged that five revolvers and 12 rounds of ammunition were found

In their possession when they were rested..

he

The Crown Boliciter (Hr. H. K. Holmes) prosecuted and Mr. Somerset Fitzroy.defended.

"The case was adjourned sine die, poli

Two of the accused were remanded on bail of $1,500 cach, and the four others

$500 each.

the

The jury after a brief retirement re turned with the answers to His Worship's questions. They were

(1) Inspector Barnett had reasonable cause to believe they were robbers.

(2) The two men did see as stated by the Inspector,

that none of these three women could be the answers to these questions. If be brought to give evidence; it appeared aides answering them they wished to add that they lived across the border and anything, such as comment or a rider, were afraid of reprisals it they came to they were at liberty to do so. the court to give evidence. Witnesses THE VERDICT agreed that before Inspector Barnett's QUESTIONS BY THE FOREMAN. arrival they saw three men whom they A series of questions were then put to took to be robbers running towards the Sub-Inspector Barnett by the foreman of hills where the shooting took place and the jury m me for followed them to z point between the The Foreman: Was there any other bills. Their evidence as to what took European Police Officer in the station of place later was contradictory wide Sheung Shui at the time of this shoot, nied hearing any shot being fired before ing-Witness: There was no other the inspector fired and to that evidence European police officer there at the time the jury funst give due weight. He did previously had a Sergeant there, but not propose to comment on the evidence given by the three Weihniwej witnesses a

The Coroner: On these findings, gentle- he did not think it carried them any where tender men, I bring in a verdict of Jusufable

He had one further point sa regarda homicidae Par the evidenca. It would have become clear. from the evidence of Mr. Gerrard that (Continued on next column.)

he had been temporarily Haasterred two or three days days previously and return ed two or three days later on

The Foreman Were liese three men, the person who got away and the two de ceased, fairly close together when you first saw them?-Witncas:" "Yea,

(2) Inspector Barnets had reason to think that they were armed

(4) Inspector Barnett could not have effected the arrest of these menovithout violence.

The Coroner thanked the jury for their attendance and the time and attention

they had given to this difficult case,