1932-08-24 — Page 5

Page

FUNG MURDER TRIAL CONCLUDING.

(Continued from Pape 4.)

HONG KONG DAILY PRESS. WEDNESDAY, AUGUST 24, 1932.

Regarding Mr. Sheidon's state- not such an easy task to obtain a ment that Fung went to the Na-chicken-a live one, without any than Hotel in the early morning one's knowledge for the purpose of of March 17, Mr. Porter asked the the experiment. It Cheng was re jury: Do you think any rational ally prepared to give Christie" human being who had already pro- 810,000 to poison someone, he would vided for the murder of Fung surely leave the whole matter in "Mr. Lindsell has gone so far as would go over and in any way as the hands of Christia. He suggest- to describe their evidence as taint sociate himself with Fay or Fung.ed that the evidence on that paint ed. I shall later on describe thoirt is the one thing that he would was false. evidence in much stronger teams.

not dare to do. Do you believe Mr. Potter next commented on the system under which several that this man who had already witnesses had been granted condi- planned and arranged for the mur tional pardons.

der of Fung, would have gone to the hotel with the object of smack

I

CRUELTY NOT PROVED.

FATHER DISCHARGED.

In submitting that he had no

ABORIGINAL

TRIBES OF

HAINAN"

INTERESTING ADDRESS AT ROTARY MEETING,

case to answer when he appeared. before Mr. W. Schofield at Central MUSIC HATH CHARMS. Regarding the purchase of the Magistracy yesterday on behalf of second syringe, Counsel suggested Fan King Chung of 20, Village' that this was also a falsehood. The Road, who 'twas summoned on a Crown claimed that the accused met charge of cruelty to his elder son, Christie by accident and told him Mr. M. K. Lo delivered a lengthy

"

At the Rotary Club tiffia held at Lane, Crawford's Restaurant yes. terday, the Rev. John F. Steiner

Bion, Hainan, delivered an interest- address on "The Aboriginal Tribes of Hainan."

I do not know who is respon ing Fung. It was inevitable, he ho had broken the first syringe. He address in support of his submin of the American Presbyterian Mis-

sible for that section of the Ordin-kiew, that the Police must make nace under which they have been inquiries about him in the event of pardoned. My Lord has told you Fung's death, and yet you are ask that in all his long experience at the Bar and on the Bench, into believe that he would go over

to the Hotel to assault Fung

Hongkong and elsewhere, he has never known such an Ordinance to be put into operation.

I do not know who has been rea- ponsible for granting the pardon under this section, but whoever it is, I do not think it does him much

credit.

I have no doubt about the way

gats Christie to obtain, the second syringe while he waits outside. Was that the act of a subtle man hid ing his tracke 1”.

“Porjury Buggested."

Zimmern and Christie,

"Now you come to the part of Dealing with the evidence of the case which absolutely smashes Zimmern and Christie, Mr. Potter Zimmern and Christie," said Mr. aid that he thought the Chief Potter, "the part which proves that Justice would tell the jury that the these men are perjurors from be only evidence on which they could Binning to end." Bad any association between Cheng, Zimmern says he went with se and Lau was in the evidence of cused to Lo and Lo. That is an

►

If

sien.

Mr. Lo touched

tho

various aspects of the case and mentioned that he had no doubs

that the Society for the Protection In the absence of the Ion, Dr. of Children had done a lot of very Tao, Rotarian D. M. Maynard useful work and would continue to occupied the chair and welcome the do so, but if the Society was going following guests:-Rotarian C. M. to bring cases of such a nature be Meridith, Arthur S. Adams, Stewart fore the Court, he thought it had S. Cook, Rev. H. O. Burkwall, Rev. better not exist at all. Mr. LoH. F. Burkwall, M.D., A. Angehen, added that he had not seen a more Teo Choon Hian, and W. G. Lori- glaring example of interference with mer. parental rights.

"What will happen after the father leaves this Court with his

In introducing the speaker, the Chairman told "the gathering that Mr. Steiner first came to Hainan

these people considered their par- Zimmern and Christie. Mr. Potter other blackmailing weapon to 2008," asked Mr. Lo. "Will in 1913, nearly 20 years ago,

dons,

the Crown could prove that visit,

it might have been corroborated, efforts. I say that it is not mero

Mr. Lo went on to say that one of the most heinous accusations that

one Chinese, could make against another was to say that he acted as a witness against his Counsel then quoted the father. following phaange from the pages of a well-known Chinese work

Quotation from Confucius,

"The Duke of Sheh informed Confucius, saying, 'Among us here there are those who may be styled upright in their conduct. If their father have stolen a sheop, they will bear, witness to the fact."

said that he would give the jury If by their evidence they can get

reason after reason to show that what would be the answer?. It is he have any more authority over a conviction in this case, they are

that evidence was perjury from fact of paramount importance them ↑ " safe and I submit you have hore beginning to end. Ho said: "If, and vital to the Crown case. Here the uncdifying spectacle of people for instance, the evidence of the is conclusiva evidence. Do you say like Zimmern, Christie and Tsui visit to Lo and Lo could be proved, it is sheer luck that he went to going into the witness box prepar- what answer would we have?" this office and that he could not be ed to any anything which will

Mr. Potter said that it was a identified. Mr. Lo had said that secure a conviction in this ease, be. most remarkable thing about their the money was paid to the shroff. cause obviously that is the best re-evidence that it was entirely un- Why have wo not had the shroff sult from their point of view. corroborated. Zimmern and Chris Was the fact that accused was not

identified pure "This is unprecedented. In the tie's story depended on Zimmera

joss" or was it ordinary way, when the Crown and Christie and nobody else. that the visit to Lo and Lo's office grants a pardon, the man so par. There were many occasions where was the first of the blackmailing doped is a free man, He goes into the witness box as a free mon. No weapon is held over his head and his evidence is given, without on the evidence of these men." Regarding the receipt issued by fear of proceedings being after Mr. Potter then commented on Messrs. Lo and Lo and the Grown warda taken against him.

the claim of Zimmern and Christie case that the accused gave an assum "Here you have three men who that the plot was conceived in aed nime, but the same surname, are still struggling for their parmement when Christie gave Zim Mr. Potter asked the jury whether don. They may get it, or they may morn a wink. "If that is true," if he (Mr. Potter), wanted to hide not. I suggest it is obvious that said Mr. Potter, "this young men his tracks by giving an assumed of the son, and the son conceals. these men are trying to do their (Christio) is a talented man and a conviction be-I venture to say he would go far cause in that lies their own safety, in his profession, but if I may Le "And now in this ease-a matter excused for being flippant, I may of life and death-you are asked to say that the farther he goes the Bay, on the evidence of these two, better for Hong Kong because he that the accused is guilty of mur.stops at nothing." (Laughter). <der.

best to BECUTO

Pardon a Travesty,

"A pardon under this section, of the Ordinance is a travesty. We

if true. "God help any case," luck that Mr. Lo could not identify said Mr. Potter, "which depended | Chang.

47

Mr. Potter pointed out that Zim. mera claimed he, was introduced te

Chong by a man surnamed Poon In the Police Court, Poon had said

"Confucius said, 'Among us, in our part of the country, those who are upright are different from this. The father conceals the misconduct the misconduct of the father. Up- rightness, is to be found in this." "

Mr. Steiner opened his address by stating that, until recently, very little was known of the inhabitants of Hainan. For the most part thesa people occupied the mountainous regions. Originally, they inhabitat- ed the coastal plains, but evidence had brought to light which proved that they had been gradually press- ed back to the wilder inland dis-

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A Simple People. The first impression, one got on meeting these people, was their simpleness. This was accounted for: by the fact that they had never come in contact with civilisa-

tion, and that the life they lead

was essentially a lonesome one.

They had been there a long time but were fight out of touch with other people.

name, he would give a name like James Petter" instead of "Eldon Potter." The satne surname was Mr. Lo quoted some more authoroughly, those people "could be

certainly the last blow to the story of the Crown. It was a pretty poor effort on the part of the accused to cover his tracks, but what a won derful blackmailing effort it was Money would be paid for that kind of evidence, contended Mr. Potter, Counsel said that the jury had to select one of two alternatives, either

Continuing, Mr. Steiner said that,

divided into two classes. The first,

lived in the regions of the Five

rities in support of his submission and further stated that there had the wild, untamed Loi who been no corroborative evidence to show that the father had been guilty of neglect or cruelty. In fact the boy's evidence was rather the other way about.

Mr. Schofield then said that be was of the opinion that there had

Finger Mountains, some ten or, fifteen miles back from the coast.

The second class was the tame Loi. Theas people, through continued. association with the Chinese along the coast, had been gradually This was born out by reason of the fact that their features, manner of dress, and laiguage, all followed closely to those of the Chinese.

that he did not introduce Zimmer Chong went there and he could not been no evidence of either neglect assimilated by them.

to Cheng.

Speaking as to whether or not George Fung was in the plot, Mr.

knowe I

pride ourselves on our laws and our administratión of justice. We pride ourselves that we have men who are beyond reproach to ad-

Potter said: "Heaven minister that justice. It is faint don't want to hit any man who is ing the very fountains of Justice to not here to hit back but how did put men into the witness box, Zimmern and Christie know that fighting for their own lives.

"The accused has

Fung would come into this plot to prove Christio tells us he had never nothing. He is called upon to give'. no answer of sort ar kind. It in spoken to Fung in his life. I put ic to you that the suggestion by for the Crown to prove its case

Zimmern and Christie is not true. and to satisfy the jury that the charges brought against this mat are well defined.

"I am going to show that the evidence of the Crown witnesses is, for the most part, deliberate per- jury.

I may definitely, no seven, men nitting in the jury box could possi bly believe them.

Dealing with Taui's evidence Mr. Potter said "You have, first to consider the character of Trui Not only is he an admitted mur-

**Liar on Every Point."

be identified by sheer luck or chance, or else the story was un-

true.

or cruelty and that the prosecution had been misled by the marks on the boy's legs which were caused by his having had beri-beri, into thinking they were marks of cruelty. The father, on the other hand, might have been too severe with his caning but on the whole fais War ship said he must discharge the de-

"Vital to the Grown." Continuing, Mr. Patter said he would next deal with an aspect of the case which would be vital to the Crown. When Cheng and Zim. mern wore alleged to have left Lo fendant. and Lo's office, Cheng told Christie,

The case for the prosecntion was

who had been in the motor car in in the hands of Mr. W. M. Thom Statue Square, that nothing would son of the Secretariat for Chinese Mr. Potter then pointed out that happen to Christie. Cheng is also Affaire, Zimmern, when asked whether he alleged to have offered Christie 810 had included any referenca to the to go to other solicitors to make Nathan Hotel incident in his first sure. What in the world was the read the papers and had seen the statement to the Police, said he good of that advice, if Cheng had objection while Zimmern was giv heard Mr. Lo say that the penalty could not remember. Mr. Potter.

ing evidence. argued that it was a matter of of murder was death and in the such importance that it could not case of an insane person, detention be forgotten.

during the Governor's pleasure? "I am going to

material point of the case."

Regarding Cheng's request

*Their Own Freedom."

Mr. Potter asked the jury whe-

+

The language of the Loi from the mountainous regions is spoken in a much higher pitch, like that spoken The speaker in Northern Siam. went on to say that the Loi of Hainan were a very illiterate class, few of whom could even write their

names. No tribal records had ever been kept by this strange race, and, on being questioned as to where they come from and who were their forefathers, they raerely replied, they didn't know.

Of late, various Bible Societies: had tried to get the langunge re duced to writing, but the task was exceedingly difficult because of the many dialects in use.

Superstition,

Mr. Potter asked the jury whether ther men who were prepared to case where a man was found wan-

swindle would hesitate about tell

Christie 10 so that the latter could

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prove that he is a liar on every they believed that Chang gaveing a lia in order to secure their y out of his mind. Enquirios,CALDBECK, MACGREGOR & Co. Ltd.i derer; he is a dangerous gunman. Christie to do away with Fung, find out for himself from another/own freedom. Nobody would be had just roturned from the Loi

"That man also roust earn his

to

pardon and bow can he earn it?" Mr. Potter asked whether it was continued Mr. Potter. He had to

reasonable to say that Cheng would put the blame on somebody else ask a man whom he had only known

but why ou Cheng? it might be

asked. Because Cheng was the man who was actually before the Court and actually accused of the

solicitor. The whole story was in

conceivable.

address yesterday. He wound up Mr. Potter had not concluded his

Superstition played a big part în the lives of these people. As an instanos, the speaker quoted the

dering about the streets, apparent-

elucidated the information that he

lieve for a moment

ment that Mr. Kwan country, where an old woman had or Mr. Davidson would advise any-put a spell on him, because of the body how to cheat another man of death of a Loi boy. In addition, Regarding the visit to Mr.

the Loi were very uncommumcative Davidson, Mr. Potter said that the

| $10,000 or any other mmu It was and retiring. Their weak" point, for four hours to murder Fung only object of that visit was blac

an unbeleivable story.

however, was music. The flute was If the jury disbelieved the Nathan

black.

thair favourite : instrument, and to Hotel incident, then they must dis-mail. He challenged any person to

children would all sing, its weirdly beautiful tones, the give any other reason for the visit regard the alleged conversation on

Whenever the speaker found him- the way to the ferry. Did the jury of Zimmern and Christie to Mr. by saying: "I put it to you that

the avidence of the visit to the three habit to pull out his harmonica self in a tight corner, it was his think that the "subtle "cused Davidson Regarding the visit to What did the jury think of a would suggest that his car and Mr. Kwan, Mr. Potter pointed out smashes irretrievably the whole of play a tune. Over the softening in-

solicitors absolutely

mashes and which he invariably ourrier, Brid person like Tsui who was a self- chauffeur would drive Christie that Christie had no reason for go the Zimmern and Christie evidence. fluence of music, would-be handite confessed murderer?

I put it to you that Cheng was and hill-men had no power. On The man must be a raving ing, as, according to his own story, never at Lo's office. Nobody could travelling through the country, he away? Lau Servant of "Fay."

lunatic, but lunacy is not my de- he was not big to kill anyone ever believe that Cheng gave these had even known, the workers in the fence,

-- and consequently had nothing to people 810. These visits were for rice fields to cease work while be Speaking of Ah Lau, Mr. Potter

Mr. Potter than dealt with the fear.

blackmail and if you take that view played on his mouth-organ. said that that man was. Fay's visits to the chemists and the solici

of this evidence, I put it to you・ Mr. Steiner's chief interest, in the Speaking of the use of the word that you cannot believe a word that Loi of Haipan, of course, was to servant in every sense of the word, tom. He said it was significant Blackmail to which objection these men Bay because they are give them the Gospel, everything he having sent telegrams, coding that Christie went to buy the poiso

from a man who knew him. That hud boon taken, Mr Potter asked guilty of the grossest perjury, per else would fall naturally into line. and decoding them and sanding would be an excellent step by what was the subtle difference be sentence being passed on fellow Rotarian A. L Shields expressed jury which might lead to a death At the close of the speech, remittances on behalf of Fey to her Christie in his blackmailing plot.tween "Blockmail and Swin you think the evidence with regard mative address and hoped that he creature. My last word is, “Do thanks to the speaker for his infor- Continuing, Counsel asked the de The Crown had given no to the visit to these thres solicitors the future they would all have the jury to consider the improbability

privileged of bearing more about

crime.

father in Shanghai. It was the highest degree of improbability that

Lau should be the man chosen for the work of getting rid of Fung.

of Cheng having tried the poiich reason or explanation. Mr. Pot irrelevant

on a chicken. Counsel caused someter said that Christis objected to Mr. Potter will continue his ad- inland China from speakers such laughter when he said that it was the use of the word because he had dress at 10 a.m. to-day.

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