1930-07-18 — Page 7

"GUILTY BUT INSANE”

INSANITY PLEA UPHELD BY JURY

IN MURDER TRIAL.

ACCUSED IN HUNG TAK BANK TRAGEDY TO BE DETAINED IN PRISON.

A verdict of guilty, but that the prisoner was of unsound mind- at the time he committed the sef, was brought by the jarg at the Criminal Sessions yesterday in the Hung Tak Bank murder

CILSC,

It was the third day of the trial and the Court room, was packed with spectators. The prisoner," throughout the trial, main- tained an attitude of indifference, to the proceedings, and his de- meanour seemed to iudieace that he agreed with all the witnesses" had to say.

HONG KONG DAILY PRESS, FRIDAY, JULY 18, 1930.

TONG KA WAN. NO DEVELOPMENTS MAXIMUM SENTENCE

LAVISH PREPARATIONS. FOR GUESTS.

FROM OUR OWN CORRESPONDENT.]

CANTON, July 17. The Committee on Arrangements for the opening ceremony for the development of Tong Ka Wan into a. world duty-free port has decided to charter another boat to garry free of charge its Hong Kong guests direct to Chungstan and back again on August 3, when the ambitious development scheme will be form- ally inaugurated.

The Committee has long charter ed the s... Venezia to take its

'ACCUSED NOT RESPONSIBLE IN LAW." guests in Canton to Tong Ka Wan,

The trial was before the Chiel

Justice (Sir Joseph Kemp, K.C.), Mr. H. Somerset Fitzroy conducted the Crown case, while Mr. Leo <l'Almada, jnr., instructed by Mr. F. d'Almada, jnr., defended. Mr. Hin Shing Lo watched proceed. ings on behalf of the Hung Tak Bank:

Li Man Pun, the accused, was charged with the murder of Fung Sik

At the close of the Crown case, Mr. d'Almada intimated that he was not calling any evidence for the defence

Crown Counsel's Address, ・・・

Addressing the jury, Mr. Fitzroy said that he had proved beyond reasonable doubt that Fung Sik Cheuk, was murdered and that the prisoner was the man who com-

but no

such accommodation had been made for its guests from Hong Kong. Dr. Chung Wing Kwong, President of Lingnan University and a member of the Committee, thought this was a discrimination against the invited guests from the British Colony. It was through his suggestion that the last decision

was made.

On the day of the opening cere- mony Tong Ka Wan is expected to

IN KWANGSI.

HEAVY TROOP MOVEMENTS

YUNNANESE TO TAKE A HAND,

The situation in Kwangsi remios quiet in spite of heavy troop move- ments and 5ghting is not expected in the immediate future, as the Cantonese troops have not com pleted their concentration" The Kwangsi rebals are reusining on the defensive at Kweilin and along the Ewei River.

The Cantonese in Bunan under the command of General Li Yang King are pushing their way towards Pingle via Kianghua and Yung ming at the south-western border of Hunan to assist their volleagues under General Yu Hon Mou, who are advancing along the Kwei River from Chaoping with Pinglo as their objective.

The loyal Hunan troops under Governor Ho Chien are heading towards "the northern border of Kwangai ostensibly to attack Kwei- lin. It it doubtful, however, whether they will attack Kweilia.

FOR HARBOURING.

BOY KIDNAPPED FROM CANTON.

MAGISTRATE'S REMARKS ON SELF-STYLED UNCLES.

When the adjourneď enso in which two Chinese were charged in connection with kidnapping and harbouring 1, 6-year-old boy caine up before Mr. Whyte-Smith at Kow- loon Magistraer yesterday. Ser.. geant Meadows announced that one of the witnesses. for the Crown, a Chinese woman, had left the Colony"

The woman in question wAS originally charged together with the two present defendants in the case. The summons against her be ing withdrawn, she was discharged and she eventually became a wit Пesss for the Crown. Evidence was given by this witness at the last hearing, and he was to be ross examined by Mr. F. H. Loss by for second defendant, yester day. Mr. Loseby applied that, in view of this development, this wit- ness' evidence be regarded as in-

the point,

Cheuk, who was found dead in the mitted the act. Counsel dealt with be thronged with people, foreigners Most probably they will garrison at admissible. His Worship reserved

premises of the Hung Tak Bank in Queen's Road Central. Four other inmates were also killed in their sleep at the same time, and the prisoner was alleged to have at- tempted suicide by cutting his own "throat with a choßper.

the evidence of Ching Cho Wui, who had stated that he received a slash in the face while he was ring down on a chair, and the wit-

as well as Chinese, from all parts Invitations have been of China. sent out to practically all foreign- ers in the diplomatic and consular

to

the Kwangsi-Hunan border resist the possible re-entry of the Kwangsi rebels into Hunsa.

"Outlining the case in the previous hearing, Sergeant Meadows said that the boy was found missing in

nese saw the accused running away, service, and it is the intention of instructed by the Nanking Centralsha Ho Village in Canton on Dec.

down to Hong Korg by the first. 15, 1929. The child was brought

Dr. G. E. Thomas, who had stated hand. Counsel asked who else but prominent foreign nationals as pos, to have arrived at Lungehow at defendant and sold to a-Hakka wo-

in his evidence" that he found a

Later, the prisoner was seen on the ground with the chopper in his the prisoner could have committed wound in the prisoner's throat, the murder? All the evidence

pointed in that direction,

Dealing with the question of in- by one stroke of a chopper, wasanity, M. Fitzroy said that no evidence had been called by the "recalled for cross-examination.

In answed to his Lordship, wit-defence to support it, and the plea

could not be accepted."

which he was of the opinion was self-inflicted and had been caused

ness said that the first cut was an effective one and severed the tissues' of the neck, so that any subsequent cuts would not make much impres-

sion.

Cross-examined by Mr. d'Almada, witness said that even with a jagged edged knife a clean cut could be effected:---

oner..

In his address on behalf of the prisoner, M. d'Almada" said that the Crown had succeeded in proving their case in so far as Fung Sik Cheuk was killed, and it had also been shown that four others were killed, but he would submit that the Crown had not proved to the, rea- sonable satisfaction of the jury that the prisoner committed the crime, although he made a determined at tempt to commit suicide.

Prisoner's Mental Condition. Dr. Thomas was then questioned on the mental condition of the pris

Witness said that he was

The only evidence that the Crown one of the medical officers at the had brought against the prisoner Lunatic Asylum and had to. deal.

was the statement of Ching Cho with patients.

Wai, who had said that he saw the Witness went on to say that he prisoner running away after clash- had the prisoner under his care foring his face. Counsel said that the 18 days at the Government Civil light in the room was not sufficient Hospital in the course of which he to recognise a man. When witness recovered from the wound" During stated that he shouted out that this period witness also paid parti- Ah Man had cut him, he was merely cular attention to prisoner's mental making a guess as there was a scene condition, since he knew the circum- of general confusion at the 'time. stances under which the man was brought to the hospital.

insane.

Suspicions Not Sufficient. Mr., d'Almada continued that the Mr. d'Almada: What was the result of your observations If I Crown had succeeded in placing the may I would rather give my general prisoner under a strong suspicion impression and I can only say that I could not regard the prisoner as that be committed, the murder, but That is putting it very suspicion are not sufficient to con- briefly. I found him very quiet.vict a man of murder. Further, the He was a very good patient. 1 Crown Council had frankly admitted asked him at least once a day how that there was no motive, for the well be slept the previous night, crime, and yet the prisoner is stated and also put general medical ques to have made an unwarranted and tions, to which he answered quite ghastly attack on five persons. rationally, and in fact I say that One of the Crown witnesses had

I appreciated his somewhat grate stated that he saw the prisoner

ful smile whenever I asked him if on the night in question seated on-

Mr. Tang Shao Yi, the prime mover of the scheme, to have as many sible come and inspect the apot which he considers to be the best for its purpose in South China. Special arrangements are being made to accommodate these foreign guests...

Because of the anticipation of s large crowd, the Committee has de- cided to ask the Hong Kong, Can- ton & Macao Steamboat Company and the Yuen. On Steamship Com- Pany to extend their business to Tong Ka Wan on that day. This

The Yunnanese, who have been

Government to attack the rebels in Kwangsi from the west, are said the western border of Kwangsi.

man for $140.

The child had since been restor- Their loyalty is doubtful, as, 2c- cording to recent rumours, theyed to her mother by the Hakka wo.. have come to an understanding with the rebels,

Heavy Air Losses,

In view of the departure of the two Canton divisions under Gen- erals Tsoi Ting Kai and Chiang

ton Government has decided to Kong Nai, for the North, the Can-

mar.

Lee Ho, a woman, said that when the two defendants, together with the witness that had left the Colony, came to her residence and, intimated that there was a child

expressed by a Hakka woman that to be adopted, she recalled a wish

under General Wong Yam Wan and grandson. Accordingly she took the extend the training brigade" the latter would like to adopt a the Fist Independent Brigade party to the Hakka woman, and under General Chang Shui Kwai to the boy was sold for $140, Witness two full divisions so as to make admitted having received $8 com- good the deficiency."

mission, for the trouble that she The Canton Government has also had taken. She added that she decided to make good the loss in would have taken no part in the their air strength. Since the cam-sale of the boy, except for the fact [FROM OUR OWN CORRESPONDENT.paign in Hunan, seven bombing that the first defendant had declar-

will facilitate, the river traffic greatly.

CANTON BELL-BOY'S

REWARD.

CANTON, July 17.

Ah Tsam, the bell-boy of the New Asia Hotel who risked his life by chasing and catching the assassin of General Lui Woon Im inst month, is to-day the happiest man in the world, as he pocketed the several thousand dollars given to him in reward for his bravery."

General Chen Tsai Tong and others lavished unstinted praise upon the bell-boy, saying that had it not been for him, the assassin of the Governor of Kwangsi would probably have made good his escape." The General rewarded him with 8500, and the example was followed by Mrs. Lai Woon Im, wife of the deceased General, and Mr. Wu Fan, chief adviser to the late General Lui, who each contributed

a similar sum. Other high mil- tary officere also gave money, the

he wanted anything Otherwise hea bed in an angry and sorrowful amount ranging from 8100 to $300 never spoke to me first

Do you think he was unusually quiet-He was quieter than any other patient.

Can you say if the defendant is epileptic-I have seen no signa

Delusional Insanity..

He might be subject to some form of delusional insanity -Yes.

It is possible that a man suffer.

mood and muttering to himself. each, Counsel said that that was the first sign of insanity which culminated

WELCOME TO NEW FLYING

in a dreadful mass murder. Again, HONG KONG'S AVIATORS. the prisoner made. no attempt to escape though be could have done so, which proved that he was not in his proper state of mind. His whole 'conduct was consistent withr the fact that he was insane at the time.

INSTRUCTOR.

Flying Officer H, Howes, the now

aeroplanes have been destroyed, fed that he was the father of the and the Provincial Treasury has child, and the second defendant been instructed to turn over the the uncle. sum of $100,000 monthly to provide for more aeroplanes.

"

The first defendant told his Wor- ship that, together with three other Military Headquarters recently men, he took he child down to dispatched a delegate to Kiangsi Hong Kong. It was originally in- to negotiate with the Kiangai mati- tended to sell the boy for $200, but neers in regard to the surrender of Ah Sze, the absent witness," had the latter to the Government. The

remarked that the boy was not mutineers recently requested the worth that price. The figure. of Canton military authorities to be 8140 was accordingly fixed. He incorporated in the Canton army.also added that the second defen- The Canton Government wired dant had nothing to do with the Nanking on the matter, and the latter accepted the mutineers' offer:

TRAFFIC IN WOMEN.

WOMAN DECOYED TO KONGMOON,

Charged with decoying, a married woman, aged 21 years, from her bome, with, the intention of selfing her as a prostitute, two Chinese, a maa and a woman, were sentenc- ed to twelve months' hard labour, when they again appeared oefore" Mr. Whyte-Smith at Kowloon. Ma- gistracy, yesterday.

The care, as outlined by Inspec tor J. Murphy of the B.C.A. was that the complainant, a concubine of a Chinese living at 131 Parkes Street: first floor, was pursuaded by the female defendant to go to a certain temple in Canton, to take was not guilty, but if the jury Colony on the, P. & O... Rajpu. oaths uniting the two as sworn 818- ters. The complainant agreed, and

In conclusion, Mr. d'Almada sub-flying instructor for the Hong ing from & delusion might not show mitted that on the evidence pro- Kons Flying Club, arrived in the duced by the Crown the prisoner

it for some years3-Yes, that is quite possible..

affair.

Loseby held that the second defen- Addressing his Worship, Mr. dant had no case to answer; There was no evidence against his client, and Mr. Loseby aaked for second defendant to be discharged.

His Worship agreed that there Was no evidence. against this de- fendant, excepting that it was al- leged that he had styled himself to be the boy's uncle. That sente- ment alone, said the Magistrate,

were ad- was not sufficient evidence, as there were many people who dressed as uncles," when in fact they were not related to the child ren in question. The second de- fendant was discharged.

On the charge of barbouring, the firet defendant was sentenced to 12 months hard labour. He was also ordered to receive 24 strokes of the birch.

CONTRACTOR BANKRUPT.

HOTEL JOBS WHICH DID NOT PAY. He continued in anawer to ques accepted that evidence and found tuna yesterday-and-was-met-on-after obtaining the consent-of-her- him guilty of the crime, then they board by members of the general husband, left the Colony for Can- should consider the state of the committee of the Club, who were ton. The male defendant, together Failure to get payments for work man's mind at that time.......

with another man, intimated that done was attributed as the reason also his hosts at a tiffin party given they were also bound for Canton for the insolvency of Cheung Man at the Hong Kong Hotel. F/O. and would like to join the two Po, a building contractor, who was Howes was also shown round the women.. principal places of interest.

Guilty-But

After his Lordship's summing-up, the jury were absent for five minutes and returned a verdict of "guilty- but insane

O Addressing the prisoner,

21

tions by Mr. d'Almada that an insane person labouring under delusion might have fits of melan cholia and that it would be possible. for a man under the delusion that he was being attacked and in-fear-

publicly examined in the Bank of his life to have homicidal in

Accompanied by the other three ruptcy Court yesterday before Mr. pulses. This impulse was strong in

persons, the complainant boarded Justice Wood. aome forms of insanity.

For the time being F/0. Howes vessel, described by one of the Debtor stated that when the q fan since be

gal quer at the RAF Officers defend this is going ur Canton Astor Hony Hivel closed down followed by or soupled with a suicidal impulse cannot say that thly sald They have cont Mem, but 38 sósin ja his apartmentes surprise, the complainant found they owed him over 812,000. Bad that the destination of the ship luck started, trom that point, and it would be impossible, but to my that you are guilty of the act of in the premises of the Club are

was Kongmoon,

be then lost $3,000 on another con- mind the nature of a homicidal act which you are charged, but that ready, he will move into that build- is somewhat incompatible with a you were of unsound mind at the ing, which will be his permanent At Kongmoon, the complainant tract. The next contract was with a Chinese restaurant in Wellington. man taking his own life-after the time you committed that act. quarters

Street for 84,400. The work was homicidal act.

What does running amok convey

completed, but he had not yet re- to youFrom that I would infer

ceived his money as the business that the person has temporarily lost

never started and the proprietors his sense of reason, and his power

could not be found.

The examination was closed. of control.

was sold into a brothel for 8240. She was successful in getting in touch with her people in Hoag Kong, and she was finally liberat

Under that verdict you were not Mr. A. W. Summers, the hon. responsible in law for the killing secretary of the Club, informs us The sentence of the Court is that that instruction ja flying will begin you will be detained in safe custody in real earnest in a few days ed from the brothel with the aid in Victoria Gaol until His Majesty's-time now that the instructor bas.of the S.C.A and the Chinese

Police authorities. pleasure is known.

arrived.

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