1928-02-17 — Page 4

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THE HONG KONG DAILY PRESS FRIDAY, FEBRUARY 17th, 1928.

STUDENT MAN- SLAUGHTER CASE.

SEQUEL TO CHRISTMAS “DAY QUARREL.

PRISONER DISCHARGED,

CONFLICT OF EVIDENCE.

At the Supreme Court yesterday before the Puisne Judge (Mr.) Justice JR Wood) a Chinese student was charged with the mana- Taughter of a fellow student, follow! ing a squabble, on Christmas Day on the premises of the South China Athletic Association.

The following jury was empanel. led:Mr. J. McCubbin (forenian), Mr. L. Jack, Mr. D. McWhirter, Mr. F. X. M. da Silva, Mr. F. G. Herridge, Mr. C. E. Xavier and Mr. Shi Yu M,

The case, which aroused a certain amount of interest at the time, was Erst heard at the Central Magis tracy before Mr. R. E. Lindsell. and was fully reported in the Daily Prem.

The Case Outlined.

LAW SOCIETY VERSUS HOUGHTON, A

SUMMONSES DISMISSED.

LEGAL PHRASEOLOGY NOT EXCLUSIVELY FOR SOLICITORS.

VERY NEAR TO BLACKMAIL.”

The summons taken out by the loond Law Society against C. 31. Houghton, of the South China Trade Protection Society, was dis missed by Mr. R. E Lindsell, Senior Magistrate, yesterday. In the course of his judgment, the Magistrate said that he could hot fund evidence to show that Houghton was acting que solicitor. Legal phraseology, he continued, was not the exclusive possession. of solicitors.

It was pointed out by "the Magistrate that it was possible that blackmailing threats had been used, but where such threats were used, the law of blackmail should be sufficient protection to the public,

The case, it will be remembered, was instituted by Mr. D. H. Blake, Secretary of the Hong Kong Law Society, against Leslie E. Haynes. and C. M. Houghton. It arose out of two letters sent by the South Chian Trade Protection Association to two Chinese. One of the letters

It will be remembered that Lawas forwarded to the Law Society, Chi Hing, the prisoner, had walked who took up the case on the ground DVIC to the sata in the China that Haynes and Houghton were Athletic Association where the de- ceased was sitting, and had tensed acting or practising na solicitors the deceased by stroking his cheek. without having been admitted and Apparently the deceased lost his enrolled temper, and, after jumping up, hit or kicked the prisoner, who slapped his face. Such is the story told by five of the seven eye-witnesses. Of the remaining two, one was un- able to state the nature of the blowi and the other, Lo Chi Ming, main tained that it was a hard blow with the clenched fist. The Crown case rested mainly upon the evidence of this witness and his elder brother, Lo Man Pua, whom Mr. Turner, for the delenee, described in the carlier hearing as the evil geniuses of the

case.

the London stipendiary found, in favour of the defence.

Magistrate Cannot Agree With Prosecution."

Mr. Hakemits that though

there may have been no fabely pretending to be a solicitar in this ense, yet the defendant's letters and conduct on the 19th, 19th and goth January amount to acting as

a. solicitor.

:

With this new I regret, tha: 1 cool agree.

The summons against Haynes letters, which contain the same sort Defendant admittedly sent two was dismissed at the first hearing. of language as solicitors use, and Houghton copducted his fence and desied that he was acting criminal proceedings that comes own de one of which acludes a threat of or practising as a solicitor. He was very near to bokmail, if not to only serving, bis sients who bad criminal intimidation, but it does asked the South China Trade Pro not need a solicitor to start criminal section Association to collect ver- proceedings and the threat does tain bad debts in one case, and in not necessarily imply that defen- the other an adjustment of the dane intinded to ineticute such sccounts between two partners was proceedhags on his own; and requested..

furthermore, as pointed out in

logy is not the exclusive possession fleetwood's case, legal phrased

of solicitóra.

terday, Mr. Lindsell asked Mr When the case was resumed yes Blake if he could quote further

judgment was delivered,

Medical Evidence. : Dr. Alexander Cannon, who is in charge of the Victoria Mortuary, and who conducted the post-mortem examination on the deceased, was cross-examined at some length by authorities in support of the case Mr. F. C. Jenkin, for the defence, for the prosecution, and on Mr. E stated quite definitely that of all the implements he knew a fist Blake saying that he could not. was the most likely to cause the injuries revealed by the examina- tion. He had dealt with four exact. ly similar cases, in all of which death was caused by a blow with the fist. He put it outside the bounds of possibility that the in- juries could be caused by a fall.

Mr. Jenkin mentioned a consider able number of medical authorities. tut Dr. Cannon was not prepared to admit them as experts on the point under discussion,

The Defence.

-----

No Parallel Case. The decision of the Magistrate was as followe:—

The form of the Bection on which this charge is based-Section 27 of the Legal Practitioners' Ordinance, No. 1 of 1871-was apparently de- rived from Section 13 of Ordinance 13 of 1956, now long defunct, which made, operative in the Colony most

bead and foot the printed words- Moreovee each letter bears at the

South China Trade Protection Association," and that of the 18th January is headed by the Chinese name of, and is signed by defen dait as accountant of, the Associe- pa. There is no bint in either letter that the writer is acting

with

Blackmail Law Protects Public.

itor in my view conveys the iden Acting or practicing as Boli

of setting up Ímousinens some sort of advertisement of Aualification to do the work of] picitor in the way of giving legr!. advice, drawing legal documents. etc., etc., for gain.

e solicitor, and as regards the terview, between defendant and Pang, Chow on January 19th. though it is possible that back- In reply to His Lordship, Dr. of the provisions of 6 and 7 Vict mailing threats were used by de- Cannon stated that rupture of the C73. Section 2 of that Act made fendant, I cannot find any evidence sitery in question could, under it an offence to act as a solicitor in the witnesses statements to certain circumstances, take place without being enrolled and although without external violence, but not the Act was entirely superseded by show that he acted or claimed to with a normally healthy person suchter statutes culminating in the 2 as a solicitor. as the deceased,

Solicitors and Attorneys Act of 1874 the original words of our 1871 Ürdinance In opening the defence, Mr. F. C. Solicitor still remain in the Hong practices or acts as a Jenkin pointed out that of the eye-Kong Law today. The Home Act witnesses called or tendered by that 1874, however, substituted the Crown, two of the three said that new offence of wilfully and falsely it was a blow with the open hand pretending to be a solicitor for that well below the line between the eye of acting as such without author and ear. There was very great for ity; and was for that offecice that portance attaching to this evidence, the prosecutions in the case quoted 43 Dr. Cannon had stated that by Mr. Bake were undertaken." neither a blow with the oven hand nor a blow below this line could clearly fraudulent and deliberate ciation guilty of an offence who Tho esence of that offence make the deliverer of such a blow isrepresentation; and it is therepends a dunning letter threatening responsible for this death. Unless fare difficult to deduce a principle to batitate proceedings, whereas if the jury found good reason for ac of law from the boine eases that he uses the words cepting the evidence of Lo Chi Ming will fit the present one, the more solicitor to institute proceedings against all the others, they most take it that He was mistaken in his 30 because different Magistrates at the law admittedly could hot touch description of the blow.

home seem to have interpreted the him, would be to my mind an

anomaly win different way. The facts, however, of the 1924 Where unlawful threats are ined, use of the Law Society r. Leaf the Tw of blackmail should be approximated, so far as one can sufficient to protect the public. judge from the report, very closely

those of this case, and there missed

summonses must be dis

In addition Dr. Anderson would be called, who, while agreeing with Dr. Cannon that the injuries could not have been caused by a blow of the open hand: would say that, it was not impossible that they should have been caused by a fall

Further Medical Views.

Dr. Anderson gave it as hia opinion that the injuries of the Gentlemen. can you find any war deceased could have been caused rant for discarding the evidence of by a fall, which would not neces these five Would you leave the sarily break the skin. Fatal falla jury box satisfied if you did set could occur without any external amide all this evidence, and bring hraising at all. In this particular in a verdict of manslaughter case he admitted that there must Gentlemen, you know as well as I have been exterior violence."

that if the evidence of the Crown Icares you in any doubt, you must refuse to acquickee in the request of the Crown to fad the defendant guilty of manslaughter.".

Speech For Defence.. After further witnesses who had been at the B. China Athletic As sociation had been called, Mr. Jonkin addressed the Court. The Crown, he said, had taken a rather

The Summing Up. peculiar course in this case. Find-Solicitor, having intimsted that he Mr. H. K. Holmes, the Crown

Trade Protection Associations appear to be world-wide, and 10 find an employee of such an Aso-

"instruct a

RUBBER SHARES.

ANGLO-JAYA DIVIDEND.

Messrs. Benjamin & Potta Shang- hai. Office have advised them that the Anglo-Java Estates, Ltd have declared a foal dividend of 6 per cent and a bonus of 8 per cent., equivalent to Tis. 0.48, making, with the two interim dividends already paid. Ti 0.85 for the The profit-for-inst year is Tis JELI

ing that he could not obtain agres did not intend to address the Court, 1,250,000, being Tis 50,000 more ment in material parts, the prose His Lordship stated that in a charge than that of the previous year. cutor had to throw over the major of manslaughter, the burden was on portion of his evidence, and to ask the Crown to show that death was the jury to accept the evidence of due to an act of violence on the

its" witnesses but the question.re

Lo Chi Ming and Tso Chi Ku, the part of the prisoner Mr Jenkin In support of his evidence is the latter of whom could not say whehad said that the Crown was not likely cause of death is a blow with doctor's statement that the most ther the blow was with the fist or in a position to ask credit for all the st. If you are able to accept the open hand, but who maintained that it was gentie. The Crown wax maited, which part of the evidence the evidence of Lo Chi Ming, you asking the jury to find this Lad guilty of manslaughter in the face was sound "You must select that have still to decide a second ques- of almost all the evidence.

and act on its tion, whether the blow was the capas of death The only evidence of a Of the seven eye-witnesses call- The position is simple. In accord all rests on the statement of de ed," said Counsel, five ate quite unce with the medical evidence only ceased to his mother." definite that the blow was struck a blow with the fiet in a certain with the open hand, one is not position was able to cause denth

The Verdict: certain and the other maintains in this quarrel, lu sarder to give The jury without retiring brought that it was a blow with the fist. the verdict to the Crown, you wont in animous verdict of not guilty (Continued on nezt Columu) boliove the evidence of Lo Chi kling, and the prischer was discharged.

K. M. A.

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BANQUET WHICH HE GAVE TO THE CONSULAR OFFICIALS AT CANTON RE-AFFIRMED THE INTENTION OF HIS GOVERN. MENT TO RESTORE PEACE AND GOOD ORDER IN KWANGTUNG, AND TO MAINTAIN FRIENDLY RELATIONS WITH FOREIGN POWERS. DR CRULL, THE RENIOR CONSUL AND MR. BRENAN THE BRITISH CONSUL GEN ERAL, WARMLY RECIPROCATED THE GENERAL'S EXPRESSION OF FRIEND- SHIP.

full account of this important, function appears in this issue of the HONG KONG WEEKLY PRESS, and the news from Canton is reviewed day by day.

Favoured by fine weather and exceptionally good attendances the Jockey Club's annual race meeting at Happy Valley has been mos: successful Descriptions and results of the three days races are given.

The week's telegrams, and a number of articles deal with the Northern situation. Both Feng Yu Hsiang and Chiang Kai Shek are ex- periencing trouble with their subordinates. The Famine in Shantung is causing wide- spread distress and the emigration movement to Manchuria is spreading.

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