1926-09-21 — Page 4

THE HONGKONG DAILY PRESS, TUESDAY, SEPTEMBER 21st, 1926

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FON RONG.

CRIMINAL SESSIONS.

YESTERDAY'S CASES.

COOLIE CHARGED WITH MURDER FOUND INSANE.

Mouth

agape, grinning idiotically, polishing the brass rails of the dock with a piece of towel clutched in his hand, look ing about with a bewildering stare, such ivere the actions of; Wa Kun; a Chinese coolie, at the Criminal Sessions yester- day, when he was arraigned on a charge of murder. "He was found to be incap- able of standing his trial, and, was ordered to be detained during His Majesty's pleasure...

him.

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He had no doubt that the accused did kill the deceased, and the only question on that point would be his mental condi tion at the time he committed the act

Proofs Of Sanity. Quoting rules of law on the point, Mr. Kemp said the law assumed every person to be sane unless otherwise proved. That meant the law considered every person to know whether he was doing right or wrong. "To establish a defence of insanity it must be clearly proved that at the time the act was committed the accused was labouring under such defect of feason or disease of the mind as not to know the nature of the act he was doing, or, if he did, he did not know he was doing wrong.

The accused was alleged to have caused After going further into the point, Mr. the death of another Chinese coolie in Kemp said the accused made two state Rutter Street some two months ago by throwing a bucket of boiling water overments, in which he stated what he had done and his reason for doing it. From Mr. H. K. Holmes was for the Crow these statementațit would be clear to the and prisoner was represented by Mr.jury that he knew at the time the nature Somerset-Fitzroy.

of the act. He knew he was killing a man, He (Mr. Kemp) weald submit that the accused also knew that he was doing wrong, because they would find that after killing the man he went away, washed himself, put on clean clothes, put the thod-stained, clothes in a cupboard, put away the chopper which he had used, and then made off to Macao.

Sané Or Not. Mr. Holmes said that the question whether the accused was or was not to be arraigned on a charge of murder depend- ed largely on the prisoner's sanity, and whether his intellect previated bim from being able to understand his trial.

The jury was then impanelled. Continuing, Mr. Holmes said that the jury would first have to consider the ques- tion whether prisoner was sane.

ده

Haunted By Voices.

Eacked To Death.

Continuing Counsel' said that the deceased slept in a room near the office,

Dr.-J.-R. Craig said he had prisoner and the prisoner also slept in the same under his observation at Victoria Gaol building. Four people slept there on He found him dull, pre-occupied, apathe the night of the murder, but it was curious that they did not hear a sound tie, and with a vacant expression. Ac and only discovered a murder had been cused could converse fairly rationally, but at times his remarks were distinctly committed on the following morning when irrelevant. He had also informed witness accountant came to the office, and that he was troubled by voices. It was noticed signs of the struggle. The de- rather difficult to ascertain whether he ceased had between seventy and eighty"

and it wounds,

was evident that was deluded when witnesa first saw him, the fight had partly taken place. but he was now of opinion that he was outside the room, as there was blood deluded. Accused's attention was not easily claimed, and be appeared as if he were seeing something which held him for the time being. At times he laughed unnecessarily, and seemed unable to grasp the true value of things.

Accused's Indifference. Asked to give a concrete instance, Dr. Craig said that when accused was in- formed of the deceased's death, his only remark was,We all want to live, we

don't want to die."

Dr. Craig's attention was called to the

conduct of prisoner in the dock.

along the walls, and all the evidences of a death struggle. The accused was missing and the police were called. Articles, the property of the accused, showing signs of blood were found, and the chopper which also bore traces of blood was found in an empty room,

Fear Of Leprosy.

was read, contained a paszge to the One of the prisoner's statements, which effect that the accused woke the deceased. and asked him if he had purposely intro- duced a leprous woman to him. He made

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Gruesome Murder,

The Attorney-General then read the

DEATH PACT.

He replied that his behaviour was answer. Accused's reason was he want almost always like that, but at that mo-ed to find out whether he had actually con- ment it appeared to be more pronounced tracted leprosy. If the deceased bad an swered he would not have killed him, than generally.

Dr. Craig was also asked if accused's He did not speak, however, and he must ceased to a woman, from whom he bad women were, yesterday morning, found conduct was the result of pretrace. He have had intentions of harming him by replied that to his mind prisoner was introducing him to a leprosa woman. genuine.

Incapable,

Mr. Fitzroy asked if it was likely that the accused could understand his trial. Witness replied that the accused was in- capable of following his trial.

The Chief Justice: Supposing that some question arose in which Counsel wanted to get instructions, from him; would he be able to give clear instruc- tions --I don't think so....

Evidence of Insanity.

Neither Leprous For Inane. Dr. C. W. McKenny, Government Civil Hospital, was called to give evidence as to the mentality of the prisoner. He said he had seen him on different occasions between August 10th and September 6tb, and had found no evidence of insanity, Prisoner had no symptoms of leprosy. Witness noticed nothing that might have led to think that the prisoner was insane on June 28th.

Answering M. Somerset Fitzroy, wit- A woman who was called, said that ness and the prisoner told him he thought formerly prisoner. lived at her house at be had contracted feprosy, but he had 13, Kutter Street. He was married and kiven up that idea. He thought it was at the time appeared to be quite normal passible that a man, under the impression he had contracted leprosy, and dwelling One day he went out to sell some on the point, might have an attack of chickens. He returaed in the evening and insanity, but he did not think it probable his behaviour became strange. He cried unless the man had a bad mental balance and said there were many people assum-He did not consider that if a man was ing his "likeness."He also said that feeling for worms under his skin, it show all the family were to be taken back to ed a bad mental balance. Canton to be shot. He also complained that witness bad given him some snuff intending to kill him. After that day he stopped working, and lay in bed day and night.

An Unusual Case.

The Chief Justice said that it was a very unusual case. If the man could understand the evidence be might be able to put forward some defence, but as he was incapable of giving instructions, it was not right to try him. The law pro vided other machinery in such cases. The jury would have to decide whether, the

man was Bane.

The jury returned a verdict that the prisoner was unable to stand his trial."

His Lordship stated that prisoner would be detained during His Majesty's pleasure.

THE PRAYA "MURDER. ANOTHER PLEA OF INSANITY., Lai Kan was charged with the murder of a fellow-employee, on the premises of the China Commercial Company of Con- naught Road Central.

The Attorney-General, the Hon Mr. JH Komp, prosecuted for the Crown, and Mr. Somerset Fitzroy defended.

In answer to the charge, prisoner pleaded guilty, and when the seriousness fof such an admission was explained to hime adhered to his plea, but added that he did not know he had done wrong.. His Lordship then ordered that a plea of not guilty be recorded.

Mr. Fitzroy remarked that during two periods the prisoner was under the ob servation of a Chinese doctor, Cheung Wing Tai. He had given evidence. at other proceedings to the effect that at the time the man was insane. Did that in any way alter witness's opinion of the prisoner having bad mental balance?

2

Witness replied that could only speak from his own observation.

Mr. Fitzroy Would you go so far as to say he was not mentally unbalanced on June 27th or 28th 1-No, I have no evidence to say he was.

A pawn broker's accountant recognised some clothes as those on which he paid same money. They were brought to the shop by a young man.

Cross-examined, witness said he could not say whether, accused was the man.

statement. It contained, in less detail, CHINESE WOMEN DIE TOGETHER. the confession in the statement which had

A death pact formed the underlying beca previously read. Accused related. how he had been introduced by the de-idea in a case in which two young Chinese

thought he had contracted leprosy. Ho challenged the deceased with having lying dead in a bed at their home at No. known that the woman was leprous, but 130, Canton Road, Kowloog. he did not reply. He then struck him

One of them had a deep gash, inflicted, with the chopper, and hacked him to pieces The deceased eventually ceased with a razor, in the throat, while the to struggle, but seeing that he was still other showed evidence of having been breathing, he gave him one extra slash poisoned through an overdose of opium. so as to be sure that he was dead. The accused further stated he knew full well The couple were discovered clasped in that leprosy.could not be cured, and he each other's arms. not fearing to die himsell, decided that' the deceased also should not live.

At this stage the hearing was adjourn ed until to-day.

A SINGLE SURVIVOR,

THE STORY OF A PIRACY.

Police enquiries whilst showing that the women, were employed as amhs, have not yet established the motive, of the suicidea.

Property belonging to the occupants of the pirated boat included a gold coin, a pair of gold twisted bangles and two rings The coin was found in the posses A case in which three men are charged sion of the first prisoner, and the bangle, with piracy, in which it was alleged that pawned on the instructions of his wife men, women, children, and a baby, were were recovered from a pawnshop. Each pushed into the sea, and a boy of it was of the other prisoners had one of the the Bole survivor, was also commenced rings. The first prisoner was arrested in yesterday before Mr. Justice Wood. a house in the Colony, and the two others Mr. Dyer Ball (the Assistant Attorney were separated apprehended in Maeso, General, with Mr. T. S. Whyte-Smith) Dealing with the statements made by was for the Crown.

the men when charged, the Assistant C. G. Alabaster, C. (instructed by Attorney-General said that the first pri- Messrs. Deacons) represented the first aoner stated he was forced to row the prisoner; Mr. H. G. Sheldon (instructed third prisoner and some other men to by Messrs. Johnson, Stokes & Masters) the boat. He further stated that he was was for the second prisoner; and the third given the gold coin and bangles for the prisoner as represented by Mr. T. hire of his boat. The second prisoner Addis. (instructed by Messrs. Hastings. made an attempt to prove an alibi. The Dennys & Bowley).

third man said he was compelled to take part. He also spoke of having seen, the people chopped up.

Master Struck Down..

Mr. Dyer Ball said that the case was one of piracy accompanied by violence.

The Eyes of a Hawk

Bave

Articles Of Clothing,

On May 20th at about 7 p.m. the boat The master of a fishing boat" who was Various employees of the China Comcn which the piracy occurred was engage nearby that night then gave evidence. mercial Company were called and identi-ed in fishing with a number of other He said that he saw the first prisoner's fied various clothing.

boats at a place near Lapsapmei Ialand, boat, containing three other men, two west of Cheung Chau and south of of whom he recognised as the second Lantau. On board was the master, his and third prisoners going up to the mother and his wife, his brother and his pirated boat. He heard cries of " betrothed a girl of nine years of age, a life" and as he was frightened sailed boy of 15 years of age and a baby. The away. Witness said that he recognised. boat was actually under way at the time, the boat as prisoner's boat because it when another boat belonging to the first had a white sail. The second and third A Human Finger.

Frisoner drew alongside. The first pri prisoners were using the vulohs. As the Detective Inspector Murphy said he soner, jumped on to the boat, with a boat passed it was, he said, about a 100 found blood near the desk outside the chopper in his hand made for the master fathoms away. cubicle where the body was found. He and struck him down. Two other men also found a severed human finger, and niso boarded the boat, blood on the walls and on the floor. He recognised an iron crow-bar as one which was bloodstained when he discovered it

on the premises.

·

Arrested In Macao.

The Attorney-General read the evid ence of Dr. Minett, in which he said he received various articles of clothing and towel and found on them human blood. He also examined a chopper and found human blood on it,

Women Bundled Overboard. Bail, the first and second prisoners, had Two of the men, continued Mr. Dyer been identified by the boy. The pirates

then attacked the women, knocked them

Replying to Mr. Alabaster, witness agreed that most of the sails in the Colony, were either red or white. Het further stated that the mon using the Mr. Alabaster They were looking in yulohs were facing opposite directions. opposite direction, it was 7 o'clock at

men-Yes.

down, ransacked and searched their night, you were a hundred fathoms away, pockets, and without more ado, bundled yet you say you recognise these them into the sea. The master's brother

The Wings Of Fear. was also thrown overboard and the boy threw himself over. He swam for a mile Replying to his Lordship witness, said or so and landed on Rocky Island He that he hurried away because he was was eventually picked up by i faking frighteneduhen he heard cries of sove junk. He was, as far as could be ascer life." (Laughter.) never been seen or heard of since. The pirates also took away the boat.

The Attorney General referring to the previous case where the question of the accused's mentality had arisen, id it would arise in the present one also He would like to point out the differences A Chinese constable said he went to between the two cases. The previous Macao on June 28th and on June 30th saw cane bad concerned the question as to the accused. arrested in a street there. tained the sole survivor: The others had whether the prisoner was in a fit mental A Chinese lance-sergeant, who also atate to stand his trial, without question went to Macao, said that, accused on na to whether he was or was not sane being asked if he wanted to say anything, when the act was committed. In the made a statement. He was not pressed

At the time of the attack two other present case no doubt the mental con nor threatened in any way, adapt. dition of the prisoner would be discussed, A Clerk in the Macao Police. Force boats were a little distance away, but as but it would be a question as to whether said that before accused made his state the occupants were unarmed they con- he was or was not sane at the time be ment, he was told that he was arrested sidered that discretion was the better committed the act which resulted in in connection with the murder in Con- part of valour and sailed away. death.

naught Road

(Continued on next column.)

Stole Property.

His Wordship: Why did you not go to the police 1-People of our clasa are. frightened of seeing those people. (Laughter.)

Witness further stated that he had known each of the prisonera for several years;

A brother of the last witness, who was also out in his own boat, that night, was giving evidence when the hearing was adjourned until to-day.