1927-08-17 — Page 10

10

CASTLE PEAK

MURDER TRIAL ENDS.

VERDICT OF NOT GUILTY.

MR. JENKIN'S MASTERLY DEFENCE.

After a trial at the Criminal Sessions lasting seven days, what has been called the Castle Peak mystery ended in the ac quittal of the prisoner who was charged with murder of his kit fat wife.. The Cours was again crowded, and despite open windows and whirling fans the atmosphere "was almost stifling. The Prisoner maintained the utmost self contris all through, and of his emotions bis expression gave no clur. Except that he gripped the brass bars at the front of the dock with his two hands, and that there was a lightly strained looked about his eyes, his face was expressionless and set in Oriental impassiveness.

At the very end there was good reason for the strained look, for the jury were absent for one hour and a hall discussing the evidence. Ther a hush settled over the Court as they returned. The foreman stands up and is asked the usual formal question, and replies that the jury have come to A unanimous decision. Then comes the tense moment. What say you Guilty or Not Guilty?" asked the Clerk of the Court. "Not Guilty," my Lord, announces the foreman, and prisoner on being discharged im- mediately turns around and leav,the Dock, without showing the slightest change in facihi expression. For all that his face show. ed he might have been a casual spectator drawn in by idle curiosity to listen to the case.

Thus ended a most difficult trint fall of surprising features in which Orienta! paychology as well as circumstantial evidence had to be most carefully considered. It had lasted exactly seven days. During the morning. Mr. H. Somerset-Fiszróy-addressed the Court for the Crown, suggesting that the knot about which so much was heard was an excellent one for strangulation, but not one used in banging.

Mr. F. C. Jenkin, instructed by Mr. J. A. Gordon Leask, began his address for the defence before the tiffin interval.

It

was a masterly speech, fastening with convincing skill upon several weaknesses in the case for the Crown, and presenting small but significant discrepancies in the mui, tai's story upon which the prosecution largely relied. Mr. Jonkin concluded his addresses at 4.15 in the afternoon, at which stage the Court adjourned for a quarter of an hour,

On its resumption His Lordship summed-up at length, review- ing the whole of the essential evidence, in close detail, and sup- porting Mr. Jenkin's remarks in several instances. His Lordship began his address at 4.33 and concluded one hour and fifteen. minutes later.. The jury retired at 5.53 p.m. to consider their verdict, and returned to the Court at 7.25 p.m.

FURTHER EVIDENCE.

"

THE HONG KONG DAILY PRESS, WEDNESDAY, AUGUST 17th, 1927.

ACTIVITY.

BRIBES.

A NATIONALIST OFFICIAL ACCUSED.

A BIG INCREASE IN 1926.

an excellent piece of work for ALLEGED ACCEPTANCE OF STRAITS SHIPPING Strangulation. The importance of the ropes had grown, however, and with all due respect, ha considered that the value of evidence attack- ed to them should have been stated at the beginning of the case so. that they could "train their minds to it

They were asked by the prosecu-" tion to reject altogether the pos- sibility of the woman having hung herself and asked to say that she, met her death by strangulation, All the rest of the defence was alleged to be a "frame up." If it was a frame up it was remarkably clumsy, and on the evidence he con-- sidered it impossible for the jury to believe that it was a frame up."

Coming to the question of the actual death, Mr. Jenkin demon- strated on the frame work, which was the height of the room, that when the two pieces of rope (which had formed one piece be fore the body was cut down) were joined they were long that the woman's feet. would not have been

WEEPS AT PROSPECTS OF EXECUTION.

DUTCH EFFORTS TO CAPTURE LOCAL TRADE.

THE

C.N.C. DISPUTE.

GUILDS' STATEMENT ON THE STRIKE.

NO FURTHER DEVELOPMENT TO REPORT.

There has been no further deve-

GUILDS, REFUTATION. lopment with regard to the dispute These Guilds during the past ten The number and tonnage of all between the China Navigation Co. | years have consistently refuted. Sensational hearing of the case,

Vessels. i. e. merchant-vessels, and its Officers- The deadlock con- through the medium of correspond- in which a high official of the native craft, men-of-war; etc., en- tinues, and appears likely to do ence, the contention of the Com- Political Bureau of the 2nd Routetared and cleared at the five porta ao Comments in Shanghai papera paay for "mutual" or "optional

of the Colony during the year 1998, are to the effect that the position arbitration as such procedures were 36,909 and 40, 708,079 respec- { is just the same as at the beginning impossible of fullling the obliga- tively, being

increase of of the strike.

tion called for in modern methods 2,057,412 tons as compared with the No more officers have been paid of adjusting amicably, to the The case, says the Shanghai Meryear 1925, says the S. F. Press. Of off sine those mentioned last week- mutual satisfaction of two parties as a wage question, upon which in conflict, any inajôr dispute, such

divergent views oxlit between the parties.

Army, Ying Tee Hung, is charged with receiving bribery to the total amount of $13,000, is being con- ducted at the Nationalist head- quarters in Naaking.

of

sury, will be tried by the Judge the Special Military Court," with whom a representative of the 2nd Route Army and chief of the Gen-

clear of the floor. It was remark- able, however, that from the eviral Political Department will sit dence given by Inspector Lane, the during the whole proceedings. short end of the rope only hung" down about six inches, owing to the manner in which it had been When

tucked over the battens.

they tonk that length and attached the other piece of rope to it, and then added the length of the woman's body, which was five feet, it would be seen that her feet would be about a foot clear of the ground. Continuing his address in the alterpan, Bir. Jenkin said if the for the Crown Had been strangulation they must have known

Спас

that too defence would be that the woman hanged herself. Counsel contended that the appearance of the knot was entirely consistent with it having been suspended with the weight of a woman's body.

In dealing with the knots Mr. Jenkin submitted that although they might be called by technical names, they were still knots that

could make. Layone

The was a simple one, and the woman could have made it.

It will be remembered that the

accused official, following several preliminary bearings conducted in Shanghai, was formerly bound over to the Higher Court in Nanking on August 8th. At the railway station, before boarding the train bere, the accused wept bitterly, fearing that he was doomed to be executed in Nanking.

All the officials, of the Nanking Government and members of the Kuomintang are indignant at the impudent "practice of the accused, at this moment when honesty and loyalty are supposed to be adhered by every worker for the Nationalist cause.

victed.

4

Mr. Jenkin then demonstrated the simplicity with which the knas could be tied, and said it could be done with the utmost case by any one without sea-faring experience. The decision will be published In giving evidence prisoner might have confined himself to his visit shortly. to his brother in Canada, instead of which he was quite "open and spoke of his sea-faring experience. There was no evidence, however, that because prisoner bad travelled to and fro on a ship that he bad acquired a knowledge of nautical knots.

Mr. Jenkin went on to comment that if she had been unfaithful there was no need for murder, for recording to Chinese custom she could have been taken back to the country and dealt with according to Chinese custom..

до

and 1920, Singapore contributes this increase between the years 1023

1,811,894 tona; Penang 1,307,949

and Christmas Island 34,479 tons tons; Malacca 4,090 tons, Labuan

The total tonnage of merchant Vessels-arriving and departing was 38,028,830

compared with 38.039,197 in 1985. Comparing the

(ie., all vessels above 30 tons ast tonnage of merchant vessels only

register) the increase is 2,996,303 tons.

Hong Kong, and their plans for end. "These men have returned to

the future are not known.

יי

NEWS FROM SHANGHAI.

They do not favour joining Chi- nese companies as the conditions The Company, however, insisted are not so attractive at those in that their decision must be accept: the C.N.C.

ed and as they, by this declara-· The ships laid up at this port tion, denied the Guilds' claim for are still here.

arbitration as a peaceful solution to the present dispute, the only method of protest available to the Despite the conferences held re- Guilds, apart from the prospect of Lently between representatives of endless and costly litigation, was the China Coast Officers' Guild, the the antiquated and abhorrent strike Marine Engineers Guild and the weapon and in consequence ap local agents for the China Nasigaproximately 0 per cent of the ed, which amounted to 8,611,768tion Co., Mesars. "Butterfield & Company's foreign. Boating staf This compares with an increase in Swire, in an effort to effect a settle-censed work on June 30th, last. British tonnage entered and clear- ment of the existing dispute be ed of 1,000,181, and a total tonnage' tween the Company and the Acet, of 10,030,725

nothing has resulted from therm and the position is much the same aa when the strike was first called made by the Company it was felt on June 30th, says the Shanghai by these Guilds that some move-

ment should be incepted to endeav Timer.

An increase of 1,152,991 tons over 1993 was shown in the total Dutch tannage entered and clear

tons; 1994,

38,029,630 tona.

SETTLEMENT SOUGHT.

On July 29th, 1927, as no ad- vances had up to that date been

ed were:

Other increase recorded in com- bined entries and clearance were;' Japanese 338,958 increase, total tonnage 3,441,388; Norwegian, Documentary knot

evidence, letters 310,119 and 886,791; and Danish The conferences were held under our to explore a path out of the and other proofs against the accus121,580 and 704,078.

the chairmanship of an indepen-existing deadlock as many of the ed having been sent to Nanking A decrease of 107,315 tons

dent local business man, Mr. E. T. Company's former officers, dishear already, it is thought that in all American tonnage entered and Byrne, but the nature of the pro- tened at the cavalier attitude of the probability the accused will be con- cleared is recorded, the total being ceedings, was not disclosed. The Company. had left or were making 1,077,882, whilst the Italian total following statement from the arrangements to leave China. Ac- of 500,800 is a decrease of 40,346 Guilds was made available for pub-cordingly, through the good ofices In the last five years the combin-fication, but the Company refrain of a local business man, Mr. E. THE DEFENCE.

ed arrivals and departures of mered from making any statement re- T. Byrne, three informal confer- chaut vessels have been as folgarding the position, one of the ences were held on July 30th, Inspector Lane was recalled at

lows:-1922, 20,913,250 tons: 1923, Addressing the jury for the

29,906,949

3,617,101 officials declaring that the Com-August 2nd and 4th, between the the request of the jury, yesterday defence, Mr. Jenkin said there had

tons; 1925, 35,002,127 tons. 1928, pany has nothing to say on the Company's representatives and the murning. He said the first state been a misstatement in the address ment of the maitang had been made by counsel for the Crown regard

matter: the position is much the Secretaries of these Guilds, with Datch Increase. before she went to live with the ing the woman's statement that family of the deceased woman.

same as it was in the beginning." Mr. Byrne as Chairman. The main she would like to live and bring up

The record indicates the increas (This question was in connection her children. The statement might

It is understood that a letter points at issue which were discuss ing activity of the Colony's ports, with the prisoner's "allegations on have been made a year before.

Deceased had suggested that as

regular yearly increase in com embodying the following statement Monday that the mui tari bad been

(a) The Agreement of 1016; coached by the family of the dead to practice, counsel for the defence have been sent to the Government Mr. Jenkin said that, according

her husband was approaching 50 bined tonnage of 3,000,000, for the has been forwarded to the British

(b) 10 per years of age and she had had a chant vessels. The Dutch increase

past five years being shown in mer

cent. reduction of Minister to China, Sir Miles Lamp- salary; woman to make statements likely was only allowed one speech and analyst. They had now turned out

son that he should take a concubint, to tell against him with regard to that was the reason he had not to be

(c) Reinstatemnt of all ranka.` not A woman's bat

Then surprisingly she gave birth is a fairly clear indication of the os. his movements on the hillside on outlined the defence after the case

strong efforts which they putting

Regarding (a) it was eventually THE GUILD'S STATEMENT. man's trousers. Inspector Lane had son, and the concubine

pre- the day in question).

for the Crown closed. I have sat said that he did not think that tassented. bim with one as well. The forward to capture the local trade.

The statement reads as follows: Agreement be entered into but as agreed by both parties that a new Of the total merchant tonnage In answer to Mr. Jonkin, Inspec at the Bar in this Court for 15 Government analyst would find any deceased must have fait some regret tor Lane maintained that the first years and I refer to this for the thing upon them. He did not wish that she had recommended a can- entered and cleared Singapore con- The public has been made aware the Company still insisted on the statement made by the mus tai reason that with that experience to be at all unfair, but it was not

cubine, and there was rivalry be- tributed 25,628,320 and Penang through previous statements issued principle of "mutual arbitration" contained all the essential facts you will think upon me and the for the police to think in these tween them. Deceased found ahe 11,408,303. The number and tan- of the later statement made after things I say to you with perhaps matters. The trousers should have was losing her husband's affections. aage of all vessels entered and by these Guilds of the dispute it is extremely doubtful what the girl had gone to live with the greater friendliness than otherwise. been sent for analysis..

They could picture the state of the cleared at Singapore during 1926 which exists between the above value the new Agreement will be relatives of the deceased woman.

man's mind. He was morose, and were 52,149 and 27,657,808 respec- Company and these Guilds on the as a medium for the mutual adjust He could not say where the notes

I also want to say this. There Mr. Jenkin then went on to deal did not speak to bis wife, enly kept tively, as compared with 51,647 and interpretation and implication of ment of future major disputes in made in the course of the first of the community who look with

are quite a number of members with Dr. Dovey's evidence.

her. She must have felt jealous and 28,048,279 in 1923, an increase of statement were at the present some measure of suspicion on mem

· Counsel later said that it was then to cap it all she was found out 1,811,594 tons. At Penang, the an Agreement drawn« up ‹ between view of the fact that the Com- moment but the first statement was

admitted there was a quarrel, but in giving a ring to Tsoi Hing.

number and tentage of all vessels both parties in May 1916. bers of the legal profession. This because a man and his wife had cmbodied into the later statement.

view is entertained for reasons very lived together for 12 months with not motive for her to take her own!

If they look for motive was there entered and cleared, were 21,348

and 11,935,885, 21

The Agreement in question ex- increase of The Trousers..

dificult to fathom. There is some- out speaking, that did not supply life! Witnesses had told them that 1,307,249 tons.

pressly provides for Arbitration as times a feeling that lawyers are apta motive for murder.

the curse of the polygamous system

a medium for adjustment of dis to "be very smart, that they want watching and that they are ready

in China was, that it often led to

pates between the Company and suicide:

these Guilds, and letters addressed

A cutter in the employ of Wing On Co., testified that the trousers found in a pond near the house and which the Crown alleged befor possible trickery that will assist longed to the deceased woman were of the pattern worn by men.

Mr. Jenkin then went on to deal with the matter of the nails and the trousers, and in connection with the latter submitted that they should

a

Small Oraft Of the small craft. (steamers under 50 tons and native vessels) the combined arrivals and depar

pany still adheres to its attitude that they shall be the final arbiter in any disagreement, and declines to admit the suggestion of these Guilds that such final arbiter shall be a neutral party. However, The Mai Tsal's Evidence.

the Guilds agreed to the Company's Mr. Jenkin strongly commented

suggestion of a Conciliation Board them in obtaining their ends. on the evidence of the mui tai,

Concluding, Mr. Jenkin said: "I

in principle in spite of this kind is, of course, unjustifiable. it could be discredited. She had may have left many points open. 2,239,540 in tons, as compared with the Guilds previous to the signing Company would," in turn, recip- The entertainment of a view of and said that in several particulars resume my seat, gentlemen, and Itures were 62,980 in number and by the late Sir Everard Fraser to safeguards, in the of its dubione Members of the Bar practice under sworn to two difference stories be-

I can only thank you most pro- 64,913, and 2,250,488 respectively, in of the Agreement clearly show that rocate in the matters of the 10 per ADDRESS FOR THE CROWN. the scrutiny of a judge and other fore the magistrate and this Court, fusely for the extreme attention 1925,

the spirit and intention of the cent reduction and the reinstate- counsel, and then there are mem- and when Castle Peak was visited you have paid to the evidence. If Three now steam vessels and four M. Fitzroy in his address for bors' own moral standards. It is she had given another version. The cross-examination, or in my address 1,741 tons gross, and 20 sailing breach between the parties such as tains its original attitude on the

Agreement I have taken a long time in my motor vessels, with a tonnage of recourse to arbitration, an open

was to prevent, by ment of all ranks, the Crown referred to the quarrels impossible that counsel can do any mai tear had been asked two st to you it has been nothing more vessels (2,196 tons) were registered has regrettably occurred and exist former point whilst with regard to Unhappily, the Company main- which admittedly had taken place thing to actuate the verdict of the three times by himself, and once than accessary. I should be failing during the year under the Imperial ed since June 30th last. between the prisoner and the de- | juty which would not be discovered. by his Lordship to demonstrate how

the reinstatement question they ceased. If it were necesssary for Therefore, I say that I shall just prisoner used the broom to beat in my duty as I know it, and as Shipping Acta. Under Ordinance the Crown to provide a motive, the place before you views which are his wife. She was willing to speak you know it if I had not put all

No. 125 (Merchant Shipping), Navigation Company in a com- and chief engineer ranks, which On December 11th, 1917, the China persist in their declaration of in- tention to penalise certain master that I know into the defence of an- prisoner himself had done so in founded solely upon the evidence of it, but not to demonstrate it.

new sailing vessels (600 tons) were munication to these Guilds advised his confession as to having recused and the inferences to be drawn probably because she felt the test I would like to thank your Lord 888 vessels (10,187 tons) under sec other man Before I take my seat licensed under section 494, and his wife of infidelity, her failure therefrom.

would be getting too hard.

future arbitration must be cannot be agreed to by these Guilds, A brief rem to reply, and his subsequent anger.

as to accept such dis by mutual consent." I don't think it is possible for He asked the jury to disregard Counsel traced prisoner's alleged you to say that at the present mo- the ovidence

view of this declaration must concrimination would be a violation of vince anyone familiar with the the constitution of both Guilds movemente and commented on the ment you are morally convinced and asked them to believe that the icide, Gentlemen, isn't the fact pore. There is regular communi- that "mutaal arbitration" which of all ranks without prejudice.” ·

a lake going steamers in touch at Sing settlement of industrial disputes, which provides for reinstatement discrepancies in his story as com certain that the case the Crown mui tea's story on this point was that he left the rope up there con. pared with that of the mui taui, has asked you to accept is so cer- a spiteful invention.

tain and convincing that there is

sistent only with the view that no other rational hypothesis to fit in other points where the mus tra' that.

Mr. Jenkin went on to deal with the woman once hung from with the evidence. I shall ask you story had been discredited by wit

rope and that it did to say that there is another

not occur to him to remove the hypothesis and a perfectly rational instance these witnesses had not died through suicidal banging. If nesses called by the Crown For rope. I submit that the woman one, which squares with the facts. made mention of seeing the bucket prisoner strangled her and then

Mr. Jenkin said that it was not until Monday that the counsel for had said was there," and

on the verandah, which the mui trai hanged her up to look as if there had been a hanging, why did be cut

GD

ship.

..

this point. He IE this man did strangle this

woman, then there was

Motive.

cou-

tion 425.

There are over 50 lines of sea-

that

ention with Europe weekly and' a is solely arbitration at the option The desire of these Guilds then frequent service with China, Japan of one of the parties in conflict, is to endeavour to seek an honour- and Cochin-China in addition to emphatically not a method which able way out of the present dead- Australian. and local ports.. can inspire mutual confidence, a lock has been nullifed by the

Singapore and 885 visits to ships employes are to be such as will pro-ed by the members of these Guilds. afty visits were paid to ships in the relations between employer and and in consequence we are instruct

One thousand six hundred and quality which must be present if arbitrary attitude of the Company

in Penang, by Port Health Officers, mote and further the best interests to hand you, the foregoing · state- who examined 832,972 persons of both.

ment for publication.

sand five hundred and seventy per cut her down. If he did not want tion in the two quarantine stations, sons were retained under observa- to simulate suicide he would have mostly for short periods. taken away the rope. There was

UNEMPLOYMENT IN SOVIET

RUSSIA.

DEADLY "PLAY". DUEL.

the parties had long been reconcil. ed, but that a court of honour had "ordered them to fight, and some of

EX-OFFICERS GOADED INTO their friends would give them no

peace until a meeting had

peen arranged.

FIGHT.

With regard to the knot, counsel submitted that it was clear from the evidence that it was not a knot for hanging but "a most excellent knot for the purpose of strangling." This was borne out by experts who said that in the position in which the prisoner said he found the woman hanging, it would be im- the Crown enlightened the jury as tained matter which she alleged her down? If he had wanted to One hundred and sixty-four thou possible for there to have been a to what the Crown case really was. prisoner had washed up from the simulate suicide he would not have circular groove around the neck When counsel for the Crown open-foor. unless it was below the thyroid the case he was asked to state cartilages, which in fact, it was what the Crown's case was, the an- not.

swer was. monosyllabic-asphyxia- Dealing with the question, of The case for the Crown is that | tion.

motive, Mr. Jenkin said “ prisoner The jury was asked to try a well has undergone a gruelling and ex- being on bad terms with his wife prisoner made up his mind to do defined issue. He put it to them haustive examination for 14 days. away with her. He deliberately that there being no concrete case He has stood up to the most ex-

Tuiks is still detained by the sent out the uteri and the on the part of the Crown until the haustive and searching cross-exami-quarter of an hour.

Hungarian authorities at Odenburg, Macond child and by some means cleventh hour was a matter for their nation that it is possible for a The got the woman upstairs and de- serious consideration whether it man to undergo. Was it ever sug

in the Hungarian Burgenland. liberately strangled her. Witnesses had not been built up as the case gested that there was a motive for

conference of the Soviet

According to the Austrian him murdering his wifet. Never have said that the woman was ap. went along.

crime, Labour organisations has passed a

statate-book, duelling is parently in good health and that Dealing with the question of the during the whole cross-examination

-resolution calling-on, the Govern-

And a men who kills, an opponent The fatal result of the duel on guilty of manslaughter and may the was normal. One witness has rope, Mr. Jenkin said it had growa was it suggested there was any

ment to increase its provisions for said that the woman said she would and grown until it formed the major motive or reason for taking her Guilty and His Lordship dis the vast number of unemployed the Hungarian side of the Austro- be punished with from ten to

Hungarian border, in the forcat twenty years' imprisonment. not like to die or go away as she evidence. He put it to them that life. Where was the motive for charged prisoner without comment. Although numerous workers have

near Sauerbrunn, in the Burgen- wanted to bring up her children, if the Crown attached the import murder 1-Was it suggested she had As prisoner left the dock the gone into the country to work there land, when Erich Taika, a young are the countries, where duelling Hungary, Poland, and France. And she did not dress in her bent ance to the rope that he did, then Bay property which by murdering mui teat, who was sitting with other during the agricultural season, the Austrian ex-officer killed Walter has been most practised since the clothes although she had them in it was remarkable that no experi her he could some into? No, it Chinese-interested in the case, just total a registered unemployed. in

ments had been conducted for their was not Was it suggested there behind the press, burst into violent the towns of the U. S. 8. H.. now Setz, ales an ex-officer, has raised war

But the Taika-Setz duel was ap-" I have placed before you the assistance.

was another woman in the case sobbing, and was led from the exceeds 1,400,000. It has increased some delicate legal questions. main facts. You have heard the To the best of his recolection the No, for he was not debarred from Court.

...from 1,070,000 since October..

The doctors and seconds, all Aus-parently intended to be only play. They were 70 yards apart evidence and I am quite sure you only reference made, to the rope having as may wires as bis pocket

The Court was packed with Chi unemployed include 600,000, skill- triacs, say that the affair "--was will do your duty," conded Mr. by Mr. Fitzroy was that Exbibit would permit."

nese and many Europeans as the ed, 280,000 skilled, and 200,000 non-intended to be only a formal settle and aimed at the ground. Tuika's Fitzroy.

trial, drew to a close.

manual workers.-The Times. ment of an old quarrel, and that hullet ricocheted from a pebble.

the house.

(1), the noose round the neck, was

(Continued on next Oolumen.)

a rational and sufficient bypothesis that it was not a death by strangu lation.

The Court then adjourned for a

At 4.35, His Lordship commencëd bis summing up, this occupied an hour and a quarter

The jury retired at 5.55 p.m., and returned at 7.25, p

Their verdict was one of Not

RIGA

The

RICOCHET BULLET "THAT

KILLED...

VIENNA