1930-06-19 — Page 7

“GUILTY-BUT INSANE.”

MEDICAL OFFICER'S INTERESTING OPINION ON

PRISONER'S MENTAL CONDITION.

ECHO OF RECENT WEST POINT

MURDER.

The first case tried in the Criminal Sessions this month was one in which a Chinese named Fung Yan was charged with the murder of Tam Chap on April 29 this year. A verdict of

but insane" was returned by the jury.

guilty

Mr. H. Somerset Fitzroy, Assistant Attorney-General, prose cuted for the Crown, and Mr. Thomas Tam, instructed by Messrs.. Lyson & Hall, appeared for the defence.

In the course of the case, Dr. G. H. Thomas, of the Govern- ment Civil Hospital, informed the Court that he bad studied the mental condition of the prisoner, for one week, He found the prisoner. absent-minded and also that he had a habit of muttering to himself. After repeated efforts, the doctor discovered that the words which prisoner was muttering were, "thirty dollars-they will kill me," from which the doctor inferred that the prisoner was ' ander a delusion that someone was threatening him with death over à question of 830..

..

The defence, in entering a ples of insanity. submitted that the strongest argument in support of that was the absence of mo- tive. His Lordship, at the close of the case, informed, the jury that he concurred with their verdict.

HONG KONG · DAILY PRESS, THURSDAY, JUNE 19,

1930.

He said that it did seem that the ARGUMENTBETWEEN CORRESPONDENCE.

defendant, had some iden at the back of his head, of killing the master of the shop. It was ab- salutely impossible on the evidence, he submitted, to any whether the dofelidant allowed that to brood on him. Whether the prisoner came "back next morning with the sole object of attacking the master, or what he came back for, there was no evidence whatever to show.

Dr. Ware had said in evidence that at the time he saw the pris oner, he did not find any evidence"

COUNSEL.

DEFENCE OBJECT. TO AN "APPLICATION.

ALTERATIONS IN HOTEL CASE PLEADINGS.

of insanity and prisoner was not A reference to refrigerating suffering from mental disease suf-plants on the Mississippi boats ficient to place híni in an asylum. Dr. Ware had added that there might have been an illusion. which might have occurred but which had passed away.

Defence's Submission.

Counsel for the defence, in his submission to the jury, said that the defence intended so stand or fall on the plea of insanity. He said. that two medical men had given evidence in the case. One of them, Dr. Thomas, had said that he would not have hesitated to certify the prisoner insane if he had seen him for 21 days during which he had shown the symptoms which he show- ed during the days Dr. Thomas bad kept him under observation.

delusion, Regarding the

Dr. Thomas had said it was a dangerous delusion which might have led to violence. The delusion was that for $30 somebody was going to kill him. It was perfectly clear, said Mr. Tam, that the question of insanity iras for the jury to decide. I shall ask you to judge from the con- duct of the prisoner, both before

could not reasonably say that the prisoner was insane. It has been given in evidence that about 10 to 14 days prior to the incident, the prisoner had been looking rather His conduct was not as usual. The assistant manager of the shop said that the prisoner was given to drink in large quantities and that about. 10 days prior to the incident, he had given up drink ing. I am not suggesting that that had any effect on his mind, but that is a probable cause, and it is for you to say whether there is a probable connection between the

was made at yesterday's hearing of the action brought by Messrs Andersen, Moyer & Company against the Hong Kong & Shanghai Hotels, Ltd., to recover a balance refrigerating and ice

due On

plants.

The day's proceedings opened with an exchange of comment when Mr. H. G. Sheldon, who is con- ducting the plaintiffs' case, appli- ed to the Chief Justice (Sir Joseph Kemp) to amend certain particu- lars rolating to, the storage of fresh and frozen mutton.

Mr. Eldon Potter, K.C., leading Counsel for the defence, opposed the application, contending that Mr. Sheldon had not opened his ense correctly and that the plain tiffs had had every opportunity of making discoveries of that nature at an earlier date.

GOVERNMENT SALARIES.

“RONG TUNG

[TO THE EDITOR OF THE

DAILY PRESa."]

Ste,-I can see no reason why the HL.C.L. bonus should be based. on the whole salary.

Today at home and abroad all people have to suffer financially. Why should Government Servants would pay the old salaries at $1 (I like the word!) be exempt1 I to the pound and give the bonus on fifty per cent of the salary. From what I know of most grades of the Government Service, the H.C.L. bonus is not actually need- ed by the Servants. This wtate- ment is based upon the notice I have taken of the way in which many (not all) of the Servants live. I have noticed several cases of such persons living in a degree of extravagance, in their first tour abroad, which is not necessary and far beyond what such people could expert at home. This is the very time when such people should be- gin to save.

NO MOTIVE ASCRIBED BY THE CROWN. and after the act, whether you said that he desired to add to theat, middle and upper classes-can-

Mr. H, Somerset Fitzroy, Assist ant Attorney-General, prosecuted and Mr. Thomas Tam, instructed by Messra, Lyson & Hall, appeared. for the defence.

Outlining the case for the Crown, Mr. Fitzroy produced to the Court a plan of the locality of the firm where the prisoner was employed and where the alleged murder was said to have taken place. He said

the firm dealt in tobacco in three

houses in Queen's Road West be tween Western Street and Chung .Ching Street.

Not Physically Ill.

Mr. Tam (cross-examining): Was the prisoner ill when you saw him?

Dr. Thomas: Not physically. Did you see any signs to show whether the prisoner was addicted to drink I have no evidence to that effect

Answering further questions, wit- nes said that he felt sure that the prisoner was suffering from a de- Jusion.

His Lordship: Did you satisfy yourself that he was not acting a

Part 7

Witness: was quite satisfied he was not acting or malingering, I was watching through iron hars. quite unknown to him.

Mr. Tam: Have you any experi- ence of mental cases 7

Dr. Thomas: I have been one of the medical officers of the mental hospital for the last two years.

During the period of your obser- ation, would you, as an officer of a mental hospital, have certified prisoner insane 1--Seven days is too short a period. Usually 21 days is required..

The man who was killed," said Mr. Fitzroy, was attacked with a chopper in the bathroom of No. 345, Queen's Road West. On April 29, said Mr. Fitzroy, Tam Chat (the deceased) together with several others were taking a bath in the kitchen. Tam Chat was naked, and evidence would be brought before the Court to show that the defend- ant entered the kitchen and, with the aid of a chopper, is sileged to have attacked Tam Chat. Two blows were struck on the man's head

During those seven days, would and one on the nape of the neck. Mr. Fitzroy stated that the Crown you have said that he was insane ?- would say that these blows-parti- I would not like to say it after cularly the one on the neck-caused seven days' observation. death. Tam Chat, as a matter of fact, lived about two hours after the chopping, passing away in the Government Civil Hospital.

Ran Out Waked. On seeing what was happening, one of the men in the bathroom ran out absolutely naked and an- other hid himself under a quilt in another room. The prisoner then attacked yet another man, who de- fended himself with a stool and the chopper was knocked out of prison er's hand. This fight took place on the verandah of the second foor of No. 343.

1

#

When the mso was deprived of his chopper, he was seized, but a struggle ensued and he managed to run out of the house. The next day, however fairly early-he re- turned to the vicinity of the house and stood on the pavement just op- posite the door of No. 345.

Mr. Fitzroy pointed out that there appeared to be no motive, as there had been no quarrel. The prisoner appeared to think that he was going to be dismissed, but in fact, added Mr. Fitzroy, that was not so,

The prisoner had been" under mental observation and the Crown's object in putting the man under such observation was to ascertain whether he was in a condition to take his trial and to be quite sure that there was no insanity at the time of the trial.

Medical Evidence.

Dr. G. H. Thomas, after giving details of the wounds on the body of Tam Chat, said that he had been "specially requested to observe the

mental condition of the prisoner.

Dangerous Insanity. His Lordship: Sapposing the condition you observed for seven days had continued for 21 days, would you say that the man was would unhesitatingly inenne 1-1 have certified him insane.

His Lordship: Can you say whe- ther the form of insanity which you observed is likely to become dan- gerous-I think that whenever a person is suffering frem a delusion, rightly or wrongly, that someone is attempting to kill him, we regard him in a mental hospital as a we do not know serious casė, zi what he will do. I would consider that a dangerous form of delusion.

His Lordship: Which might lead to violence 7-Yes, your Lordship.

And it a person became violent from such a condition, what would Would he be his state of mind t

know what he was doing? Could he realise how grave the act was 7- He could not have the same sense of responsibility as a normal per-

on.

He would know what he was doing physically -He might not realise the moral consequences.

Mr. Fitzroy: You said he would not realise the moral consequences. Would he know he was doing wrong think the word wrong is an ethical question. I would say he knows that he is going to kill the man but he would not know --

His Lordship: He would assume that it is necessary to protect his own life 1-Yea

Mr. Fitzroy: He would know that the effect of striking with a chopper would be to kill 1-He knows that, and he intends it.

A Common Weakness,

queer.

two cases.'

Counsel for defence went on to say that there was no motive for the attack on Tam Chap. If he had any intention to do harm to the master of the shop, then he would have gone direct to the first floor in the master's proper quar ters....

No Grudge.

man.

co-

men

In his application, Mr. Sheldon particulars that frozen meat and fresh meat were together placed in the refrigerating chamber and piled in stacks. A further amend meat was that frozen meat W03 taken out of the chamber and put back after a part had been cut out.

Mr. Potter said he was not eriti-

cising his friend in any carping way. The opening of the case was confined to the reading of the pleadings, contracts and certain statements about the alleged re presentations of Mr. Brearley. No attempt was made to bring evidence of any particular aspect of the pleadings, and no indica tion was given as to the sort of evidence Mr. Hacker was to give.

His Lordship observed that there were principles to be considered, but Mr. Potter pointed out that the principle did not carry very far in practice, as the pleadings had to be strictly adhered to. Otherwise he could not see the use of pleadings. His Lordship, how ever, decided to nocept the applica- tion.

Suggestion of Honesty.

An old Servant might retort that when he joined the service his salary was equivalent to so much now it is not the equivalent in in sterling and in actual value; value. The reply to that is, that since the war, and largely as a result of the war, throughout the world, we--that is the profession.

nat expect to have that degree of superiority, in position, power, and pocket that we had, say, fifteen to twenty or twenty-five years ago. The working-man and the lower. classes in England and most other countries are certainly better off, but that is na should be in the general development of the world.

In the old days roost Govern- ment Servants, except bachelors, did not expect to save much out of their salaries, but depended mostly upon their pensions only, on retirement. Now people expect- ing quite respectable pensions seem to grouse if they cannot save about 33 per cent. of their salaries and gend their children to expensive boarding-schools.

In the old days quite the best Government Servants, ep, in India and elsewhere, had to be content very often to send their children home to board with relations, and to go to school as day scholars.

This is but one example of what' I am getting at." I think these people should now be able to send their children such schools, but that they should not expect to save so much out of their salaries and; at the same time, to live in such a degree of comfort, security, and- in some cases-luxury and ease, as other people, in similar positions in life, cannot and do not expect to be able to afford to-day-Tours, etc.

AXE.

Hong Kong, June 13.

He went into the kitchen and attacked a man with whom he had never had a quarrel and against whom he had never had a grudge and was probably on terms of friendship. After attacking Tam

Mr. Sheldon suggested that Mr. Chap, the evidence showed that he Petter might be questioning his came out of the kitchen, but in stead of running away, he went out honesty, whereupon Mr. Potter re- te the verandah, where he subsetorted that he hoped Mr. Sheldon would drop this suggestion of quently attacked another There was no motive for the second honesty, as he would if he had been

at the Bar a little longar. It was a" curious attack.

His Lordship asked Mr. Potter incidence and a curious fact that the

if he wished Mr. Hacker to be re- prieoner should attack two against whom he had no grudge cailed. Counsel replied that he It might be suggested that he made would leave that to his Lordship, a mistake as regards the identity but Mr. Sheldon said that he of the person. But is could not be thought it would be better to re- AN ABSENT-MINDED JUROR. suggested that he made a mistake call the witness to clear up the Counsel could point which the defendants now

FINED BY PUISNE JUDGE on both occasions.

FOR APPEARING LATE. only say that the acts might have denied that all of the contractual been the outcome of the delusion temperatures were obtained from that he stood in fear of his life. Mr. Brearley. His conduct after the deed appear- ed like that of a man who did not know that he had committed a He behaved rather like a crime. spoilt child. He attempted to get the sub-manager of the firm. Why be wanted to do so, Counsel could not say, but suggested that that conduct would have been consistent with that of a man mentally derang- ed,

Counsel continued: "Consider his conduct after the whole affair. He comes back in the morning and he stood outside the shop as if nothing bad happened." Counsel went on to say that from the evidence, it was clearly shown that the jury would be justified in saying that the defendant had not known and would not have known the nature and quality of the act that he did, He did not know that he was doing wrong.

In his summing up, his Lordship said it was clearly proved that the accused had taken the man's life, and the issue was reduced to whe ther he was insane or not.

47

If the jury should add the words but insane to their verdict of guilty, they had to be satisfied (1) that the prisoner did not know what he was doing, or (2) did realize the net but did not know it wie wrong.

Mr. Patter said he wished that denial to be put on record. It had only come out in Mr. Hacker's

re-examination.

His Lordship observed that Mr. Hacker's examidation had closed, and he did not think the point could be reopened.

Mr. Rasey, the second refrigerat ing engineer called by the plain tiffa, then continued his evidence- in-chief. Witnesy said that in his known experience he had never frozen meat to be stored directly on the floor. He did not think it a correct practice to take a carcase out of the cold chamber and put it back after cutting pat a portion.

WEB

Witness expressed his opinions on technical points referred to by the previous witness (Mr. Hacker) and was asked by Mr. Sheldon for his views on the point raised by the defence that the condenser tubes were not made of the right" kind of steel. Witness said that the tubes, which were made by the National Tube Company, were universally used in refrigerating plants, and these were the tubes in the majority of the plants he had installed.

When the names of jurors were called yesterday to serve in the fore Mr. Justice J.B. Wood yester- murder trial which commenced be- day, the Registrar called Mr. E. D. da Rozi, who, however, failed to make his appearance.

Half an hour later, when the trial had commenced, Mr. Justice Wood observed Mz. da Roza in Court and called him forward. He then said: "Your name was called for this jury and you were absent. What have you to say 1

Mr. da Roza: I am very sorry, your Lordship. The position is this. I went to the office early this morning and I was in the midst of some intricate accounts and for. Bot all about it.

His Lordship: You also realise, perhaps, that one of the gentlemen now serving on the jury in your place might also have been very busy.

:

Mr. da Roza: I realise that. Hia Lordship: I fine you $20 and I order you to remain in this court during the remainder of this case.

A CURIOUS COINCIDENCE.

HEAVY FINE FOR JUNK

MÁSTER.

P!

Before Commander G.F. Hole at the Marine Court yesterday, a curious coincidence was related when the master of a passenger junk was summoned for using his craft for the conveyance of women for immoral purposes.

""On the Mississippi.” The foreman of the jury: Do you

Mr. Potter said that the point, think the prisoner is normal?-Not

His Lordship pointed out that the was not that the tubes were not of normal judged by the average in- dividual. Everybody has some form very first statement made by the the right kind of steel but that of delusion. (Laughter.) What I prisoner, when charged, was inter- they were of a type of steel which meant was that some delasions are preted: "I was not feeling very could not stand the effects of brackish water. Nobody, had ever harmless. A man may think he is well, and I atrack him by mistake. very wealthy. That's harmless His Lordship said that a nearer suggested that those pipes were delusion. He may think that some translation of the Chinese into useless as condenser pipen.

In answer to Mr. Sheldon, wit one wants to kill him, and the only English would be, "I was not feel-

ness said that he had had experi

Sub-Inspector Munro informed. way to save himself is to hit first. ing well and I did not know I was.

cutting him. His Lordship con-ence of refrigerating plants on the his Worship that on Monday last That is not normal,

You think he knew what he was cluded by adding that it seemed to Mississippi boats where they ob- a man named Chan So, which was doing?-In my opinion, he knows him more likely that what happen- tained the water from the stream, also the present defendant's name, that he is killing a man, and heed, happened without any conscious but he was not sure whether the was brought up for the same offence bonts went far enough down to en-and-was fined-850-The present. intends that he should do it. What ness on prisoner's part.

The jury, after retiring for 10 counter salt water. His own ex defendant, however, was not the degree of responsibility he carries

han xatsionar the verdict oferienes was that the tubes on these Guilty but insane at the time of boats-gave no trouvje the act."

"I watched him for seven days, and I had daily conversations with him in Chinese, asking him general questions, but he never seemed to pay any attention to what I asked. To simple questions he would look avery absent-minded away in manner. I noticed that he kept on muttering to himself. I bent down to catch what he had to say, and understood the words, Thirty dollars they want to kill me."

I dared not nak him any further. He showed no improvement what ever and every time when I went near and spoke to him, he said that someone wanted to kill him for $30. I saw him from May 7 to 13 and then Dr Ware took over, but he went sick, now we he left Dovey took over. As a matter of fact, between May 1 and 7, Dr. Forrest observed him, but be is Mr. Fitzroy asked whether the prisoner appeared to understand what was going on, and Dr. Thomas replied that he knew that he was in

·prison."

to the Court

After evidence had been given in support of the Crown's case, Mr. Eomerset Fitzroy addressed the jury in-the-course of which he said that there was no doubt as to who committed the crime. The only question appeared to be that of the mental condition of the defendant

62me. man.

Mr. Fotter, The Mississippi islast week there had been several CASCs of the same nature before, His Lordship, addressing the what you might describe as some

him, and on every occasion, he im prisoner, told him that he would stream be detained in prison pending His At Mr Sheldon's request for posed fines of $50. As that did not time to enable him to see the plant seem to be enough to stop these Majesty's pleasure.

His Lordship, before rising, in-at the Peninsula Hotel, his Lord offences, ho, therefore, increased formed the jury that he was in en- ship adjourned the case until 11 the fine to 8100, with the alterna-

o'clock this morning.

tive of three months' imprisonment. tire agreement with their verdict,...

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