1932-08-13 — Page 7

THE

FUNG MURDER

CASE

ZIMMERN CROSS-EXAMINED BY

MR. JENKIN.

GIVES REASON FOR MAKING VOLUNTARY STATEMENT TO POLICE,

When the Court sat yesterday in the case in which Cheng Kwok Yau is charged with procuring the murder of George Fung on March 24 last, the Chief Justice ruled that the Court should hear the evidence of Zimmern and Christie.

Zimmern was therefore recalled into the witness box where he remained during the whole day. He answered Mr. Lindsell from 10.20 until 3.40 in the afternoon when his evidence in chief was completed.

Mr. Jenkin commenced his cross-examination yesterday after- noon and questioned Zimmern about his memory and the matter of his statements to the Police. Zimmern said in the course of one of his replies that while waiting in the cell he saw the accused and Mr. Brutton go up to the Station. As nothing was done for him, he thought the best thing to do was to give the game

*way.

STATEMENTS TO POLICE. -

When the Court resumed yester day, the Chief Justice, speaking of the legal arguments on Wednesday. said:-

“I have decided to admit, the evidence of Zimmern and Christie,

HONG KONG DAILY PRESS, SATURDAY, AUGUST 13, 1932.

Zimmer 'Orozs-Examined.

Mr. Jonkin: The jury now thinks ' witness has been constant. We ahould very much like to see this original statement.

Additional Statement.

Did you understand my question? May I take it from you. that every contribution you have made to this case has been voluntary 1-I only The Chief Justice: I think the gave a statement of what I knew, only way is to produce the state-There was no other information at ment,

all.

Mr. Potter: To ust

Do you mean to say that your The Chief Justice: Yes, The original statement made on April statement is to be produced to thes or 3 is the only information you defence and the

last answer by the have given in this case. There may witness is struck out.

have been an addition, air. At 3.50 p.m. Mr. Jenkin com menced his pross-examination of Zimmern.

No, sir.

Has there been an audition?-1 believe there was.

"

Do you mean today that you Mr. Jenkin Zimmern, did you do not know yourself whether you hear, by any chance, Mr. Lindsell's have given any additional state- opening speech in this Courttment to your original one-I gave voluntary statement first and then perhaps in. another couple of days I may have given another ad- ditional statement to the same de teative to whom I gave the original statement.

I have no doubt you read it next morning in the papers1-I may have, sir.

It is a matter of some moment. Did you or did you not read Mr. Lindsell's opening in the local pa- pers-Yes, I did.

дя Д

I don't know what you have done. Are you telling us now that two days after your original state ment you gave a further statement -A very short note.

You observed no doubt that Mr. Lindsell characterised you "black sheep" and also charac terised your evidence as "Tainted;" you noticed that, didn't you?-1ment 1-I believe. I have. have read it.

Cheng gambled and won $140 odd. They went back to the South China Club and abortly after p.m. to Jimmy's Kitchen. Witness alleged that Cheng was rather ner- vous. At that time a friend nam-cross-examine you on the line ad. opted by Mr. Lindsell in the open

I have definite reasons for that deed Lau was with them. The three

cision but I think it better not to

give them now. If counsel so de sires, however, I am prepared to give reasons for not stating miy reasons."

Mr. Potter:-Will your Lord ship reserve this point under Sec-

Now

tion 787

The Chief Justice:-Yes. there is the evidence of the state- ment made by the accused at Shang- hai. 1 understand the Crown does not press for the admission of this evidence, and one possible course would be to strike it out now.

Mr. Potter:-I leave it entirely to your Lordship. Of course, has gone before the jury.

it

The Chief Justice :-I think it would be better to strike it out.

Mr. Potter: I don't know that your Lordship can strike it out entirely.

The Chief Justice-If inadmis sible evidence is given before any one has time to stop it, it can pu struck out and the jury instructed to take no notice of it. I am not sure that I can strike this evidence out except on the grounds of in- admissibility.

out now.

'I Warn You, Beware!" Edward Zimmern then continued

his evidence and related his ex-

Don't bear me any ill-will if

Do you mean to say you don't know ~I say I believe I have.

71

EL

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Did you give it to the same off: cer as you gave the first one? I cannot recollect. I may have given. Do it to another officer to be given to

Sorgeant Fitches.

went to the Pauline Dancing Ac-ing. I shall only ask you a fow ademy and while there Cheng went general things this afternoon. to the telephone between 8.30 and you claim to have a good or a bad memory 1-1. have an average me- mory.

8.40 p.m.

They left the dancing academy shortly after 9 o'clock and went to Cheng's house in Village Road, in order that Cheng might get some money with which to go down to the Chiu Hang Club (West Point? to gamble.

On the way to Village Road they saw a crowd near the Yeung Wo Nursing Home and Zimmern asked what was the matter and Cheng said there might have been a motor

accident.

***George Fung In Dead."

Zimmern described how they re- turned to the city and how they dropped Lau on reaching the Kwang Hoi Kes firm (Cheng's business address). Zimmern said he went into the Kwong Hoi Kee with Cheng and later left by the back door up Cochrane Street, the Old Bailey and then to Caine Road where they caught a bus and went to the University from which point they cut down to the Chiu Hang

In this particular case, has your memory been above or under aver- ageT-About average.

What do you mean by average Unzaliable?-What I know I speak

of.

I shall want a certain degree of certainty from you in this matter

I shall try my best. I can't do

more than that.

You realise of course the im portance of your evidence. As a witness in this case I want to know from you, "yes" or "no," did you

the

And you speak of only what you give a further statement to

police within two or three days of know -What is the truth.

your original statement!- have, I believe I have.

And you speak of only what you know i~I speak of what 1 have learned in this case,

You have spoken of what you have learned. I am going to put it to you that you have learned quite a lot 7-Yes, from the accused. And from others 1-I don't know.

Question of Memory.

Well, you will know. Is yours the class of memory une which revives upon the occurrence of any parti. ealar happening1-That I cannot

answer.

His Lordship observed that the question was not wory clear.

an oe

Mr. Jankin (to witness): Soine- times you forget a thing but some Mr. Pottor-1 think your Lord-Chub. Lau was on the bus which thing happens or you see

it is. The they caught. While in the Kwong currunce and your memory is re- ship can leave it as opposing counsel know very well Hoi Kee, Chong is alleged to have vived. Is yours the class of me what the answer was going to be.

Baid!

"George Fung is dead." mory that is revived by an incid- The Chief Justice:--Personally, Witness said that Cheng warned enti I suppose that applies to I think it is admissible. If it were him not to talk too much or he everyone. inadmissible, I would strike it out too would be killed,

Now, this statement which has immediately. I will not strike it

Witness said that we went to just been handed to me by Mr. Canton on March 25 and that Lindsell, you characterise as a Cheng gave him 850 to go and had voluntary statement ?--Yes. also instructed him where he was

That was made on April 2, over to put up. He returned to Hong 4 months ago1-It may be April Kong on March 31, having...met or 3. perience in answer to questions by Christie in Canton on March 30. The case in the Police Court was Mr. Lindsell. In the course of his In answer to Mr. Lindeell witness opened on April 28. Wore you still answers witness stated that on

said he had himself wanted to go in custody 1-I was. March 18 at about 2 a.m. in the to Canton because he thought his You went into the witness box to morning, the accused asked him plot to get money out of Cheng give your evidence on May. 20 while on their way to Village Rond, might not be successful and he and left the box on June 2. Ware to procure a knife or a dagger for wanted to get a job in the Canton you still in custody ?—I was. him, as he (the accused) wanted to Navy. He said he had met Ad- Your evidence, was, read over: ti: look for George Fung. Witness miral Chan Chak some years ago you a week later?-I remember it said that he notually waited half

at West Point. an hour in Village Road to see that Chong did not carry out his threat. That next afternoon, witness stat, ed, Cheng told him that he had bren to the Nathan Hotel, ond seen

Witness said that when he was arrested he was put in, a call next to the Charge Room. He was alone in the cell. He made a voluntary

was a fow days later.

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Who can help you to remember? I don't know, you can ask the police officer. If there was a fur ther statement it must be together with my other statement.

This all arises out of my question against me.

as to whether or not.

Did he ever ask you any ques tion on it -Not while I was mak- ing. the statement.

Has he ever asked you any ques- tion concerning this case 1-After the case he may have.

After making that first statement, did Sergeant Fitches on any occa sion pak you any question ?—I can't remember.

Did you keep a copy of the first statement-No. How could

1

Witness: I remember I gave it to one of the officers to be handed over to Mr. Fitches I was my self locked and I cannot definitely swear whether that statement was I handed to Mr. Fitches or not. remember making the addition.

Was the second statement in your writing Yes, written in pencil.

That is what I will call, for brevity's sake, your second state- ment. Was that second statement. voluntary 1-Yes sir. After I had made my first statement I had been thinking and I found perhaps I might have omitted something which

I guess you do. Did Fitches ask might incriminate myself, so I made another addition. It was a you any question on it?-I believe Tory short one which was written if he questioned me it must be on in the presence of Bergeant Fitches, the instructions of the C.I.D. He was the only one present when I made my statement.

In the detective office -In another room, but it was not my cell.

Waited Two Days,

How did you come to write it -Well, before we got into trouble the accused had promised us that if ever we wore arrested or got into trouble that he would see that we were represented by lawyers. When I was arrested I waited in The evidence was closed and the the cell for two or three dayà. accused was committed on July 8. Through the cell I saw Cheng come

Were you still then in custody

-I was.

1

Като в сору,

Well you made additions to it?- If you were in a cell, held on a charge of murder, you will remem- bar every little detail.

The Second Statement.

You told us about, the second' statement. Was that entirely voluntary and not the result of any conversation, interrogation, sug- gastion or interference by any- body-I don't understand what you mean.

.:

Well, was the second statement! made entirely voluntarily (you used the word yourself), and not as a' roault of any conversation. (you un-! derstand that word), questioning (you know what that means) or sug- gestion by any police officer or

Fung and had said that he got statement to the Police on April 9 / Were you still in eutody -I don't up to the station with Mr. Brutton.any other person --Not by a

Mr. Lindsell: The gist of that statement you repeated at the Police Court and here f

Witness:--Yea.

Fung and the girl out of the room by a faka telephone call and that he had warned them with these words "I warn you, beware; k Zimmern, continuing, related the incident at Natlian Hotel when in unsuccessful attempt was made to this statement. "beat up" Fung. He also blu

Mr. Jonkin: On a question like that I think we might be shown

The Chief Justion (to Mr. Lind

think I was.

..

.):

When were you released 1-1 can not remember the exact date.

Was it after your evidence was read over Yes.

Since your release, whore have you been living?-At Trim Sha Taui, No, Canton Road with my uncle.

pelica I found that he did not take any officer or any suggestion from the interest in representing an. For all police. After I made my first state- ment, I was put in the same osll I know, he may hays double cross-

as Christie and Lau. ad mo. The best thing to do was to give the game up, so I sent for the Sergeant and told everything know,

Did you write the first statement in the presence of Bergeant Fitches!

At the time you made your ac cond statement, Christie was in the same cell-as-you-1-Yea, it was only a few words. It was less than half a page of paper.

Reverting to voluntary-state--I signed it first and he signed Fitches What is the idea of that

of the purchases made at the vari sell). How is that question rement. May I take it from you the ous dispensaries and of the visit

to the offices of certain solicitors levant?

In the afternoon, Zimmern gaye

an account of his movements on

· ·

afterwards.

any information whatever which Did you write the statement in Mr. Potter: I think my friend you have contributed to this case his presence 1—I don't know. I was Mr. Jenkin who is going to cross-

has been entirely voluntary?—I very nervous during those few days, March 24 (the day of the murder). examine, should be shown that sent for the detective and told him He asked you to question on it

and he met Cheng_at" "the"

I was prepared to give him a stato. -All he did was to give me a sort South China Athletic Association The Chief Justice (to Mr Lindment as regards my arrest on sus of caution and told me that what and later went with him to the sell): I think the question is both picion on this alleged murder of I said might be used as evidence Chinese - Civil Lervice Club where irrelevant and misleading.

George - Fung:

He said

-statement.

(Continued on stat Uolumn.)

out. The suggestion that perhaps it What is your point in throwing may never have got to Sergeant suggestion Because you think that I actually made the second volun tary statement to Sergeant Fitches. During your detention you got to know a number of Police officers by name. Can you tell me the name. of the Police officer to whom you? handed your second statement --I only wish I souldür.

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