1930-05-07 — Page 7

CLUES IN MURDER CASE.

DEFENDING COUNSEL SUGGESTS LAXITY IN

INVESTIGATION,

THE IMPORTANCE OF TWO HUMAN TEETH.

POLICE OFFICERS QUESTIONED.

The importance of two humán teeth as a clue in the Kowloon City murder was stressed by Mr. F. C. Jenkin, defending counsel. nt the second day's sitting of the Criminal Sessions yesterday befoge the Chief Justico (Sir Joseph Kemp). Police witnesses agreed that the importance of this elte did not dawn on them during the investigations. Counsel also suggested that the investigating officers did not give attention to tracing the owner of a blood-stain- ed-clog, which provided another clus in the crime, and that the police left untouched the important question of fingerprints."

A lengthy cross-examination ensued in the afternoon in regard to the method of conducting identification parades.

A POLICE INTERPRETER'S

RECOLLECTIONS.

Three men are on trial for murder of Cheung Hung Chun, a Buddhist priest, who, according to medical evidence, was suffocated te"death by a gag used during the attempted robbery at 3, Sha Po Rond, second floor, Kowloon City, on February

15.

Came As a Flash,

Do you tell me that it merely came to you as a kind of fash of intuition-Yes. it did.

I should have thought you would have seen it quite early -No, didn't.

You thought at the time of the examination that they were the old man's teeth 1-Yes.

THE HONG KONG DAILY PRESS WEDNESDAY, MAY 7, 1930.

Was that all that was done PERMANENT CHIEF

That was all.

Can you tell me, in a case of this gravity, why no search was made at his house-Owing to the tims that had passed before his

Prest.

That was 48 hours -Yea

Mr. Jenkin: Was any search made at the house for finger-prints; -Inspector Vincent inspected the broken cups.

ΤΑ

JUSTICE.

SIR JOSEPH KEMP'S NEW APPOINTMENT.

APPRECIATION FROM THE

BAR.

At the Supreme Court yesterday, Nothing else was" done?-Not so prior to the continuation of the far as I know.

Criminal Sessions triad at which Sir By all the rules of the game was Joseph Kenir, K.C., C.B.E., is pre. this not the proper thing to be done?iding opportunity was taken to

Yes, provided you can get the tender to his Lordship an expres proper vessels on which to find sion at the announcement that His finger-prints.

Majesty the King has been pleased to approve of Sir Joseph's appoint. ment as permanent Chief Justice,

Do you say, then, that there waS nothing else there, that would have shown Suger-prints -Wit- ness said he did not make any inspection himself. Inspector Vin cent was handling this side of the matter, and witness know that the Platter looked at the cops.

was not to witness's knowledge any,

other examination.

There

The Chief Justice: Is any routine examination made for finger prints

nfter a murder -Not that I know

of.

The evidence of Dr. Minett, given at the lower Court, was rend. In his evidence this witness, who has since lef: for Home, stated that the stains on the clog and curtain show- ed reaction to huniar. blood. This was not definite in the case of the stains. on the broken 'cup,

Identification Parade.

The Acting Attoracy (the Hon. Mr. C. G. Alabaster..K.C.. O.A.E.) commented on the Happy relations existing between Bench nad Bar in the course of his address conveying good wishes from the members of the profession.

"Addressing the Chief Justice, Mr. Alabaster said:-May it please your Lorilship.

On behalf of both

GERMAN THROWN

INTO PRISON.

A FOOCHOW INCIDENT.

SEQUEL TO ATTEMPTED ARMS DEAL,

Now that the abolition of extra- territoriality is hanging over the heads of us foreigners in China, says the Foochow correspondent of the Furth China Duïly News,' writ ing under date April 1, it seema.... wall to bring forward à few very on the salient points bearing matter. For it is well to remember that what happens to one may happen to another-at any tinic→ if our extraterritorial rights are taken from ús.

Some are years ago a German (who had been well known in this port for many years) accepted a

contract from the Chinese Govern- ment to import for them arms and ammunition. Evidently a large

een paid over at once-for, to dur proportion of the money must have

surprise (not then knowing any- branches of the legal profcasion. thing of his contract for arms, etc.) should like to avail myself of this he suddenly decided to send bis opportunity to express our feelings English wife and three children haine to Germany on the Fulda. of gratification at the announcement Just before they left the port the made in the newspapers this morn-German made the exeuse of a dog. ing that your Lordship as substan- bite to make a trip to Formosa for tive Chief Justice will continue to the Pasteur Treatment there.

Weeks, passed into months and no occupy a seat which it is the news came from the head of the hope of all of us that your Lordship firm. for many years to come.

Mr. Somerset Fitzroy is appear- ing for the Crown case, while Mr.

Mr. W. le Bart Sparrow, A.S. P., F. C. Jenkin is defending, instruct-i Did you inspect the mouth 1-I gave details of an identification ed by Mr. Geo. K. Hall Brutton."

had a look in it before the C.DI.parade held under his supervision

Meanwhile the Chinese, officials at Kowloon City on February 18.

were becoming anxious about the Sub-Inspector Elston, giving evi- came

Others present were Inspector Rey

Your Lordship is no stranger outcome of their contract with the dence of his visit to the house, said You weren't certain they were nolds, a Chinese interpreter. Ser either to the Bench in this Colony head of the firm. No goods had geant Fitches, and the girl witness or to ourselves who live and praebeard. of returning their money as that he saw Cheung lying on the the old man's teeth 1-No.

come through, and no word been in the case. There were 2 persons for, bound and gagged. He "alip-i Do you not think that the dis in the line, including the three tan here. Many of us remember it was not possible to complete the ped the gag from the man's mouthcovery of teeth, like that provides accused and another suspect. The the times when your Lordship, pre-deal. and found a mail orange inside. one of the finest clues in the detec-second accused stood No. 9 in the sided with distinction in the Courts

"

rów, the third accused was No. 14. He noticed that teeth were missing tion of criminals ?—Yes.

Both of them were picked out by from the man's lower jaw, and later Could you look for a better one - the girl. The first accused, stood

No.

na No. 2 in the row and was not saw two teeth.

identified, nor was the other sus- Peet, Yeung Chan, who stood fourth. Mr. Jenkin: Did anything hap- pen when the girl 'passed No. 47 No.

Mr. Jenkin Perhaps you have observed that not the least interest ing factor in this case ir going to be the question of these two-teeth. Have you appreciated that Yes.

If these two teeth do not belong to deceased, if they do not belong to the little girl and if they do not belong to any of these three accused, the ease is very interest ing 7-Yes.

To-day is the first time so far as any records are concerned on which you have stated that you observed that teeth were missing from the old man's month Yes,

And you have said some teeth Do you mean some were missing. teeth 7-Yes, some teeth.

More than one tooth 1-Yes. How many teeth -I cannot say. Wek, can you give us an idea the whole of the lower jaw-No. There was a gap in the lower teeth, a gap from which two or three teeth were missing. The gum was bleeding.

Didn't Think of It.

portant evidence to have been omit- ted 1-Yes.

"

And yet, although, this was the finest clue passible for the detection of a criminal, you did not satisfy yourself one way or the other as to whether they were the old man's teeth ?—I left it to the "C.DT.

Was there

any pause-There was a pause, but there was nothing unusual.

I put it to you, Inspector Falion, that if this ease had been conduct ed properly, with a view not only Answering other questions, wit- to the public good, but in the in- ness suid that the girl was told to terests of men who might be ac have a good look at every man and rusel, don't you think you should identify anybody ebe recognised. have reported the discovery of the When she came to the eighth man teeth to Dr. Dovey and to have in the row (second accused) witness shown him these teera 1-Yes. noticed that she stopped and seem- Yes, I think so too, because Dr.cl to recognise the man: Witness Dovey is a technical mun and might then asked if she recognised the have been able to say if the teeth man, which the girl said she did, had come from the gap in the old making a statement as to what she man's mouth. As it is, we don't

know.

Neither of these three men had lost any teeth 7-I did not examine them.

of the New Territories,, the Magia- tracy and the Supreme Court in irs Summary Jurisdiction.

Endless inquiries were made of the young man left in charge, but he was entirely ignorant of all his head had been planning. Most in- All of nocently he agreed to make out in German, the cables which the Chi- nese officials wanted to send to Germany, the language being un- known to them. Repeatedly he was asked to go into the City to see these cffcials.

us will remember the tact, grace and charm with which during 16 eventful years your Lordship has, as Attorney-General, adorned and added lustre to the profession to

which we are proud to belong.

We look forward with conviction to the continued maintenance of between those happy relations Bench and Bar which characterise the administration of British Justice throughout the Empire.

Chief Justice's Reply. In reply, Sir Joseph Kemp said: Mr. Attorney, I thank you sincerely for your very kind words... If the the man doing at the house. In answer to Mr. Jenkin, witness intention expressed in the notifica- said that the girl hesitated to tion which appeared in the Press touch the man, and he admitted this morning is translated into fact that the Chinese interpreter. touch-upon the retirement of Sir Henry

deep sense of responsibility.

Thrown in Prison,

At last one day an invitation came for the young maa and his aged comparadore to come in to meet and discuss affairs with the higher officials. They complied with no anxiety: On this occasion, how- ever, they were detained by special. request, they understood. After waiting in an inner room for about an hour the door was suddenly flung oper, soldiers appeared, load- ed their rifles before them, then seized and bound both men. The compradore was a venerable, highly respected Cantonese gentleman-yet they bound him, and the young German with ropes and led them. through the streets.

"Do you mean to suggest that, with ed her garment and led her to the Gollan, I shall accept office with a necessary to unbind the compradore

the finest clue in the world, you never took the trouble to see if

them.

any teeth had been lost by these Do you not think this is very in three men I did not examine And would it be very important in tho detection of crime of this nature if bloodstains were found on a person's clothing 7-Yes.

How do you account for it I never thought of it until this morn ing.

Answering other questions, wit ness and that he was not present when Dr. Dovey conducted the pal-mortem examination. The teeth Were in the charge of Inspector Fallon at the time.

What precautions were taken by the police to find if the first prisoner had any property or clothing bear ing any bloodstains when he was arrested?-He was brought to the Police Station and I searched him and examined his clothing.

Cheung Yam, a vegetable garduer at Kowloon City, stated in evidence Will you tell me why, in a case that he was a brother of the de-of this gravity, a search was not ceased priest, who was 61 years old. made of the man at his house Witness identified the body at the Recause of the time which had elapsed between the robbery and his arrest.

Kowloon Mortuary.».

Inspector Fallon gave evidence of aecing the body in the position shown in the photograph. He visit ed the house at about 4.20 p.m. In his search he found pieces of a cup with apperent blood-stains on them under a chair, and also two teeth. He also noticed that & curtain hung at the door of the front cubicle bore blood-strains, as though someone had wiped a bleeding hand on it.

In the course of cross-examina tion, the Inspector said that he was in charge of the enquiry until the C.D.I. (Inspector Reynolds) took

over.

Did you ace any search made for finger-prints, I made none, and none was made so far as I was con- cerned.

no

man.

It was 8000

as he was too feeble to walk in that Mr. Jenkin: She touched him, I can wish that I had a for larger bound condition. The young man but the "interpreter still had hold share of the qualities necessary to of her garment 1-1 egnnot remera-fill the office, but I have this con- solation that I know I shall receive Witness said that there was the from both branches of the legal same hesitation on the part of the profession that consideration and girl when she arrived at No. 14 in assistance which I have always ex. the row (third accused). She pick-perienced at their hands during the whoio of my service in this Colony.. ed the man out.

ber that,

·

Witnesa "further stated that the

procession passed two or three times in front of the men and once. at the back, and the girl was some times stopped when she appeared to move quickly without looking properly at each man.

In reply to Mr. Jenkin's question that the procedure of stopping a witness of the girl's age was fraught with danger, witness said he could

not agree.

Up and Down the Line,

to

him

HONG KONG WATER SUPPLY.

The total storage in the island reservoirs on the morning of Mon day, May 3, amounted to 608,88 million gallons, shewing a decrease of 33.71 million gallons during the past week; the amount collected from streams being 4.82 million. gallons,

told me later they fully believed they were being led out to be shot. and he tried to calculate how many minutes it would take them to walk to the Rifle Ground..

Experience in Prison.

Their destination, it soon appear. ed, was a common prison-and here' they were literally thrown in amongst the lowest and dirtiest offeriders. (I have seen through the bart of one such prison-and. I would not insult my dog, horse or pig by housing it in such damp, dark earth-floored squalor as these poor humans were huddled in-not a chair or even a bench, no con- venience of any sort... words fail me! It must be seen to be believed.)

Here they might have remained at the pleasure of the Chinese had not several of the foreign sym pathizers, and good friends of both men brought pressure to bear and had them removed to more descont quarters. Here the young German's Loy was allowed to bring him KOWLOON WATER SUPPLY proper food and clothing for the re-

mainder of his imprisonment.

The week's consumption amount Tsang Man Kwai, the interpreter, ed to 39.88 million gallons, which was also questioned in regard to includes 19,25 million gallons from Do you really mean to say that the identification, parade, Witness the Shing Mun Supply- no search was made 1-Only by said that after the girl, another Inspector Vincent, who searched the Chinese was brought to the identi cups. I do not know anything about fication parade. He was taken up finger-prints and there were and down the line once. vessels for us to take impressions

Answering questions put with.

Inspector Fallon was also ques earlier, witness said that he di tioned in regard to the discovery not hold the girl's garment at any of a clog with a blood-stain. Wit time, nor did he speak to her when ness said that he was informed the she was walking down the line. The owner of it was a woman, but he did procession passed the line twice in not make any further inquiries about front of the men, but not behind.

Questioned on other matters, the interpreter admitted that the day before the identification parade he had tiffia with the two Chinese do tectives engaged in the investiga tions.

Pointing out to the witness that all be had stated in regard to the teeth was that he had found them, it. counsel asked whether he was acting. fairly towards the accused men. Witness was heard to say that he considered he was acting fairly.

Mr. Jenkin: You knew that the question of these teeth was of grave importance to the three men in the course of the case 1-Yes..

You had it in mind that these teeth might lead to the freedom of these men It might favour them one way or the other.

Mr. Jenkin Surprised, Mr. Jenkin expressed surprise that a clue of such great import. ance was not followed up.

The tutal storage in the mainland reservoirs on the morning of Mon- day, May 5, amounted to 385.90 million gallons, shewing a decrease of 22.51 million gallons during the past week.

The week's consumption, not in- cluding Hong Kong supplies and 1.09 million gallons delivered to water hosts at Lai Chi Kok, amounted to 20.79 million gallons.

The yield from the Shing. Mun River and streams during the week

is 28.2 million gallons.

After endless delays and much parleying matters were adjusted on parole that is after giving and the young man was allowed out his promise not to leave the port without permission from the Court.

PRISONERS ACCORDED A SEAT. COUNSEL THANKS THE CHIEF JUSTICE.

Mr. Jenkin: You will agree on

Mr. Jenkin put it to the witness another point, that in the event of that the third accused was also pre- persons being suspected of im-sent at the time, as he was with plication in this affair, inspection the two detectives, but this witness IMPORTANT LAND DEAL IN Supreme Court, the Chief Justice should be made for bloodstains on denied. He admitted that there were their clothing-Witness said it two or three others whom he did would be desirable.

"not know.

SHANGHAI.

At noon yesterday, while the murder trial was proceeding in the

(Sir Joseph Kemp) informed Mr. Jenkin, counsel for the defence, that the three prisoners might sit, if they

desired

It is reported that the Great You found the teeth on February Mr. Jenkin: If the first person

In dealing with the statements China Co., Ltd., have bought the 15. The hearing at the Magistracy was one of the three, and blood made by the accused in answer to property in Shanghai situated at Mr. Jenkin expressed thanks for was fire wokrator Did ca found about the place in the

Petrovaragemfy denticusgoedthecoming on and his bendship's consideration of "preciate the importance of the tooth manner van dereribs at would not. before the opening of the Magis be unreasonable to find, bloodstains that the interpreter asked them Fuente rady and antifed marking that such a practice exist

Witness denied this, tenants of the property to quit as ed in England, and expressed hopo terial inquiry No, I was thinking on his clothes 7-It would not be questions,

whereupon counsel pointed out that they will require the same for their that it would be followed in future. of it afterwards.

unreasonable.

What precautions were taken by this was consistent with the naawers own use for the purpose of erecting On his Lordship's directions, the

department store and

prisoners in the afternoon bad a the Police to find out whether the which had reference to being asked therein a man's clothes bore any bloodstains t to any how many people went to the hotel which will be the most modern bench placed closer to the dock rail so that they could follow the type in Shanghai. He was searched when he came.

The Court adjourned until this The price paid. is about T interpreter translating the evidenco into tho Police Station, and his

to them. clothes were taken off him;

morning.

200,000 per mo

Was it between April 23 and the end of April No, it was only three days ago (May 3):

What made you think of the teeth 1-It struck me when I was reading my notes.

'house.

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