1926-08-25 — Page 4

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MANSLAUGHTER CHARGE.

CHINESE CONSTABLE NOT GUILTY.

SENSATIONAL CONCLUSION..

A sensational ending marked the trial of the Chinese constable, arraigned on charge of manslaughter at the Criminal Sessions yesterday. Mr. Justice Wood told the jury that in his opinion the prisoner was guilty.

The jury returned a verdict of Not guilty and prisoner was discharged. His Lordship said that he did not agree with the verdict.

"Mr. Jeakin raised such an argument only to confuse the real issue. My opinion is that this man-had no justification in law to ret as he did, and I think that on his own statement that this man should be convicted of the offence.

With these words Mr. Justice Wood (the Puisne Judge) concluded bis summing up. The charge was the sequel of the death of a pig- dealer, in a sampan on June 19th, from a gun shot wound caused by defendant fring his revolver.

The jury retired for twenty minutes, and on their return the fore- an announced that they had come to an "unanimous decision that. prisoner was not guilty.

Addressing prisoner, his Lordshig said:

The jury has found ou

not guilty, and you are discharged. I may, however, say that I do not agree with their verdict."

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During the afternoon hearing there was a large number of civilians and police officers in Court. The Hon. Mr. E. D. C. Wolfe (Captain Superintendent of Police) was also present. When the case was resumed yesterday morning an interpreter guve evidence re- garding the statement made by the district watchman, who had given evi- Mr. Jenkin was permitted to re-call a

prisoner when he reported the occurrence.dence on the previous day. In reply to Prisoner had said that he was attracted Counsel as to whether there were any to the Praya at West Point on seeing sampans nearby which could be charter- ed to chase the other boat, witness said people putting some bags in a sampan.

there were no other boats in the vicinity. Before he reached the sea-front the Mr. Dyer Ball again read the whole of sampan moved off. He called on the

the Crawn was closed. occupants to stop, and when they refused

Mr. Jenkin said that he and Counsel word of that story at all. It was cb-prime importance in regard to the rights to do so, he fired at the sampan Refer the Crown had agreed regarding the vious that the sampan people were keep-t users of arms. If the police did not

also in the same position. thought that they were engaged in conduct of the ease. As prisoner's state-10g something from the Court, something know where they were, the public were

ments had been read, be (Mr. Jenkin) they did not desire to disclose. smuggling contraband.

did not intend to call his client, to give evidence.

Replying to Me Jenkin, witness said that he subsequently interpreted to Jaspector Grant statements made by two sampan women. He had also interpreted. the statements of the accountant and the two jukis at the pig dealer's store.

Inspector P. Grant was then called.

POLICE ORDERS.

Mr. Dyer Ball said that at the Central Magistracy, inspector Grant was called upon to put in certain papers and orders of the police giving instructions as, to when a constable was entitled to re. The attitude which the Crown took in regard to these papers, said Counsel, was that they were not strictly relevant to the case, and that they would not avail the prisoner in the least.

Mr. Jenkin replied that Mr. Dyer Ball could not really have any objection. Any instructions in reference to the use of firearms by the police should be put in by the Crown

Counsel for the Crown said that he was quite prepared for the papers to be put

1.

SAMPAN WOMAN WOUNDED. Inspector Grant said that on receiving a report from the prisoner he went to the junk in the harbour. There was a sampan alongside and there he found the body of the deceased. He took the women to the Police Station, and on the way one of them showed him a wound in her leg. After the women had made their reports they were allowed to go, and had not been seen since, «

In reply to His Lordship, witness said that at 9 o'clock at night no sampans were allowed at the Fraya wall. Fermits were granted only to certain junks.

Mr. Jenkin questioned witness in regard to police instructions, and put in certain orders drawn up and issued with regard to the use of firearms in June and July, 1922 These, he said, were in the hand writing of the Hon. Attorney-General and were current at the time of the shooting on the praya.

SERIOUSNESS OF ARMS TRAFFIC.

Further replying to Mr. Jenkin In- spector Grant said that he had been 20 years in the Police Force.

Mr. Jenkin From the police point of view, the most serious menace to public security at the present day is the traffic in arms, and unlawfal possession of arma?—Yes.

I

That traffic has increased beyond all measure during your service in the police 1-Yes.

And the offence of trafficking is one which is smartly dealt with by the police and the judiciary 7-Yes.

The caacs of trafficking are mostly con- cerned with the harbour 1--Quite number.

f

B

The majority occar there amongst water-going people -Yes, I daresay.

"A LEVEL-HEADED CONSTABLE."

This conatable is a level-headed officer,

You have had no intimation an any Lime prior to this occurrence that he had in any shape or farm exceeded his duty-No.

is he not-That is so.

Since the day of this occurrence-it is. over two months he has been at large has he not-Yes.

His liberty was not at all restrained; he was under his own personal recognis ances for $250 -Yer.

SEARCH BY LAND AND WATER.

Mr. Jenkin was questioning witness in regard to the statements made by the sampan women, when his Lordship ob jected and said it would be merely hear say and not evidence.

f

MAGASIN GENERAL.

Counsel put it to the jury that it was

OF PRIME IMPORTANCE.

prisoner's statements, when the case for impossible for them to accept any single The matter, continued Counsel, was of

Mr. Dyer Ball then addressed the jury.

PRISONER NOT PROTECTEL BY REGULATIONS.

ATTEMPT TO DECEIVE.

Counsel asked what would happen in the case when a constable chasing a

No man, Chinaman or European, or prisoner found that the latter had stop- any other nationality would have sat in ped the constable's progress by blowing that sampan and rowed out to the junk up a bridge. The wanted man was on and not turn to see or take the trouble; one side, the constable on the other. That to enquire under what circumstances surely was fair meaning to the word those unusual happenings were taken resist. In the same way the enme people bad resisted the constable. He had no place.

means of overcoming that resistance. Every constable would need be a power- ful and effective harbour swimmer, if be were not allowed to use his arms in such circumstances. There was no suggestion that he could swim after them, and no other craft was available.

A DILEMMA.

In his final address for the prosecution, Mr. Dyer Bal said that the prisoner claimed that he saw the men carrying Dealing with the evidence given by the bags or sacks. On that point the evi deceased man's brother, Mr. Jenkin said deace was quite clear that there were that he had said that to had sat under! no such things being carried. There was the hood of the sapan and that hearing not a particle of evidence except the pris his brother's exclamation, he did not soner's statement. It might be put to connect it with the reception of a bullet, them that it was not the act of an in- bus thought he was suffering from sea Gentlemen," said Mr. Jenkin nocent man not to stop. In answer to sickness.

His whole defence, Counsel added, was that, he pointed out that, the men were dramatically, there has been a delib- strangers to the Colony, and were crate attempt to throw sand in the eyes that he relied on the law which had ignorant of the regulations; they did unt of this tribunal. It is an affront to emerged from the very department which understand the local dialect, and had your intelligence for that man to stand had put his client on his trial. They done nothing wrong He submitted it in the witness-box and ask you to be-were certainly in a dilemma. They were was just as much the act of an innocent lieve that he thought that his brother told the order was bad law. If it was man to continue as to return under those was overtaken by sea-sickness." circumstances.

Counsel-referred-to three regulations. regarding firing, and said he did not think the prisoner was protected by any of them. The prisoner, in bis statement, had said he did not stop to think when he fired. Counsel further submitted that according to law the prisoner was guilty of the charge of manslaughter.

bad law, then what was the position of the unfortunate defendant1. He acted UNCONTROVERTIBLE AND -

according to it. But if it was bad law, UNCHALLENGED.

he was guilty of manslaughter, and if it But That was a lie, continued Counsel, and was good then he was justified. for one uncontrovertible reason the jury Counsel felt that there would be no At the Police Station im- difficulty at all if one too the common- knew it waa mediately arter the occurrence that very sente werking view of the case. Accord- saute man tord inspector Grant that Easing to that law police officers were given brother had been shot by a constable. cathority to do exactly what the ron- That had not been challenged and it stable bad done.

THE POLICE VIEW. could be taken as an established fact.

He had no overweening sense of his in his own mind but that he had done And yet that man held that the manner right by using his firearms. He had used in winch his brother met his death was own authority, he had not been dealt them in connection with his duty as a an absolute mystery to him. Moreover, with departmentally, he was a conscien member of the police force, And Coun. and again it was uncontrovertible and tious constable. He carried out his duty sel held that he was more than justified. unchallenged, before going to the Police and believed he would have the protec If this man could be recruited, he Station that man told the shop account-tion of the law. Until this case was said, given the King's uniform, could be ant the precise circumstances in which brought on every policeman in the Force armed, could be sent out on police duty his brother had lost his life. Then he believed it."

Mr. Jenkin (Counsel for the defence) said that the man himself had no doubt

by day and by night, given instructions knew that the police had called upon him

HIDING SOMETHING.

"He stands there fearing nothing,"

in the training school when he might to stop; bis brother told him that he and concluded Mr. Jenkin, and he asks you fire in circumstances as set out in the been hit; therefore, he knew what bad orders, instructions which he got direct occurred. He therefore, knew that he from the Crown through the caannel of was committing the grossest possible the C.S.P. and carried out these instruc- perjury in the face of the Court.

ions, then he could not be found guilty. In was inconceivable that under such circumstances that the gentlemen of the jury would be party to the man's convic tion of manslaughter. The man suspect cd that the persons in the sampan were trafficking in arms, and he acted us any intelligent officer would have acted.

to say that he is guarded by the section of the law as given by the Attorney-General, He had his suspicions; they were well grounded, and he could not have carried out his duty otherwise without doing what he did. The plight of the dead man It was obvious that he was trying to is nothing in comparison with that of screen from the Court participation in the police and public, if you End in this something which it behoved him to keep case as the Crown would have you to.'

·་ JUDGE'S SUMMING-UP. dark. Counsel, therefore, asked the jury furthermore, to wholly disbelieve what that it was a very important case but to wholly disbelieve what he said, and,

Mr. Justice Wood, in fumming-up, said the other witnesses said. The whole of AUTHORITY FLOUTED.

the pack knew that what they were not difficult. If every constable in the Counsel emphasised that the prisoner engaged not in carrying pigwash. to the be a very serious matter, and if the case force were in such a position it would had suficient ground for entertaining junk, but in doing something else. Seeing disclosed that it would be well to have it

an honest how they acted, anyone wearing the that suspicion, and it was stapicion. What in fact was done by the King's caiform would have been an im-made clear. Everybody desired to help people in the sampan was resistance, becile, if he thought they were engaged the police in the performance of their Culess resistance had a hyper-technical in anything but the serious trafic of duties. The jury might consider the caning, the man had every reason to arms. The pigs had arrived at 5 o'clock, police justified, but they may also think believe that what was being done was but no pigwash was taken to them until that the police were too free in the use a flouting of his authority; resistance to 10 o'clock. The shop fukis had said that of arms. They may have an idea that him in the carrying out of his duty and they could not go earlier as they were value; But, with such considerations all.

human life here was not given sufficient signal failure on the part of the sampan having chow. It was illegal to take a they were concerned with was the appli aampan from the Praya as they did. people to carry out their obligations.

evidence before them.

The constable in what he did was The pig dealers were strangers, but the cation of the law of the Colony to the covered and wholly justified by the orders shop fokis did not tell them that they Mr. Jenkin had asked them to dis as made out by the Attorney-General. were doing an illegal thing. The shop The police were instructed to fire if a fokis went home; they neither feard aor credit all the Crown witnesses. But they could even leave their evidence aside. man was in unlawful possession of arms, suw anything. It was an affront to any The jury would have to acquit or convict or if he resisted search or arrest.

ask body to one to digest such, an the prisoner on his own statement They were, continued Mr. Jenkin, in excuse. -

tion of the law.

Were these persons resisting arrest 1 the, extraordinary unhappy-position-that-Continuing, M.-Jenkin said that are disagreed with Counsel for the do the representative of the learned Attorney-spite of repeated warnings the samban General would not inform them whether people refused to obey the police con- fence that the law held that a person they were a correct or incorrect exposi- stable. So he sought to arrest their smuggling arms could be shot if he ran progress by using his firearms. He had away. Mr. Jenkin had suggested that" I am not only voicing the position the surest ground for the suspicion he the whole Police Force was in doubt. of this constable," added Mr. Jenkin, entertained that these people were His Lordship did not think that was the "I am airing also the pathetic position trafficking in arms, of all the officers and men in the Force. If this is tenable, the position of the Police Force on the whole in a very extraordinary one,"

... AN IMPOSSIBLE STORY,

A

MEANING OF "* RESIST.?'

case. The power to take life in effecting arrest was limited to a very few cases. Illegal possession of arms was not one of that he intended quoting from Webster'sly to arrest criminals, but also to pre- Counsel then informed his Lordship them. A constable's duty was not mere Dictionary as to the meanings of the sorve human life. word "resist." It did not mean only

Mr. Jenkin's argument, continued his

Continuing Counsel asked if a word that the supposed arrestee had to punch Lordship, had only been raised to con Witness said that when the women of the narrative of the witnesses for the a constable's head, shoot him, krock in fuse the real issue. He was of opinion Could down or trip him up, It meant more that the copatable had no justification were at the Station their licences were rosecution could he believed. taken from them. Since then they had they believe that these men having that using a degree of force. In the within the law, and he thought that on been searched for by land and water but boarded the tampan, having heard the dictionary its meanings were defeat," his own statements that the prisoner. had not been found,

police whistle and a shot fired, were in "frustrate." Its synonyms were "check should be convicted of the offence.

The jury were absent for 20 minutes, Inspector Grant also said that de total ignorance of the fact that they did" thwart," "bale." It did not neces- ceased's brother told him, through the not know that it was done by a police sarily mean force used against a con- and returned a verdict of "Not guilty,"

JUDGE DISAGREES WITH interpreter, that before he died deceased officer in uniform? Could they believe stable by the arrestee. Unfortunately, it

VERDICT. told him that he had been hit. Deceased's that they had no idea that the whistle was one of the words which had no brother had also said that he heard the end shots concerned them; and that they judicial interpretation at all. Refusal In discharging prisoner, his Lordship constable calling but did not bear what had no idea that the deceased man was to stop when hailed was tantamount to said "I personally do not agree with the

hit.

resistänce.-- he said.

verdict.