1933-07-21 — Page 7

DEATH SENTENCE PASSED ON

4:

YOUNG CHINESE

JURY RECOMMENDS PRISONER TO

#

MERCY

WIFE'S UNDUE AND DOMINATING INFLUENCE

The jury returned a verdict of ** Guilty' in the case in which Fan Hing, a young Chinese of twenty was charged with the murder of an old woman in Shaukiwan on the night of May 30 last.

Following their verdict, the foreman of the jury, Mr.

F. Mow Fung, added: "We strongly recommend him to mercy. We feel that the prisoner had been acting under the undue and dominating influence of his wife."

The Clerk of the Court stated that the recommenda- tion would be forwarded to the proper quarters.

The Chief Justice before passing sentence of death said: "The jury, in recording their verdict have recommended you to the mercy of the Governor, but the duty of this court is clear, and as laid down by law I have to pass on you the sentence of death,'

As the judge finished passing sentence, the prisoner paled visibly. In a few seconds he was led away by two Indian warders in the dock, while amid a hushed silence the large gathering dispersed. A huge number of people from Shaukiwan attended to learn the fate of the prisoner, and followed the proceedings with intense interest. COUNSELS' SUBMISSIONS AND THE SUMMING UP

Mr. J. A. Fraser Assistant Attorney General, prosecuted, and Mr. H. C. Marnamara, instructed by Messrs. Lo and Lo defended.

The jury was as follows:-Mesara, F. Mow Fung Foreman), H. A. Castro J. A. Alves, O. B. Raven, D. Ellis, A. D'S. Gomes, and H. D. Brown.

"No Case!"*.

Mr. Macnamara submitted that there was no case to go to the jury. The case for the Crown "had been stated to be "that the murder was committed by a person or persona and prisoner by his own admission was present," but being present at murder was not in itself the crime of murder. Council continued:

have. They did not intend taking anything from this woman while she was alive. That is clear on the they did not set out to rob this facts. It is quite clear also that

the word.- woman in the ordinary sense of

Mr. Fraser: If the jury come to the conclusion I shall be quite satisfied.

The Defence.

2

Mr. Macnamara said that in his by the Crown in a remarkable way. opinion the case had been presented When the case was before the mugistrate the present accused and his wife were jointly charged with the murder. For some reason" he My friend has proved a good never been explained the case did not understand and which had deal more than he set out to prove.against the wife had not proceeded The evidence for the Crown for the purposes of my argument proves that the murder was committed by prisoner's wife.".

The testimony of the witnesses was circumstantial evidence and the points made with regard to the smallness of prisoner's earnings, his need of money, and his knowledge of Po Mui's possession of money, told equally against his wife as against himself. On the night of the murder, the evidence showed that she had an equal opportunity as he of committing the crime. The Crown had made no attempt to show that this woman could not have been guilty.

was

'with.

is that it is not for you to criticise The point I wish to emphasize

Crown see fit to conduct their bugi- the way the law officers of the ness, and whatever they have done cannot in any way prejudice the postion of the accused. He is en titled to say that this crime was done by his wife and that is what he has done all along. But she is, not accused. Your finding to-day will in no way prejudice the wife in any further proceedings that the Crown may hereafter take against her."

In such a crime where two per sons were present there were three The manner in which the money alt matives, The first was that A, spent on domestic articles the present accursed perpetrated the and on jewellery for the wife and crime, the second that B, his wife. the discovery of a large sum in thedd it, and the third that they did possession of the latter, strengthen it together. If both had done it, ed his submission.

it was natural to expect that they Accused's Statement. he tried together. The way tho Dealing with the direct evidenco prosecution conducted the base was provided by the accused's state-wkward. It was suggested that ment, Counsel said the mere pre- they both did it and if that was sence of a passive spectator at a the case he failed to see why the murder was not sufficient evidence wife was not in the dock" with the of "aiding and abetting. The state Prestat accused. ment was not à confession of guilt but a statement of defence.

When Mr. Fraser rose to reply the Chief Justice said he did no wish to hear him unless Mr. Fraser wished particularly to speak.

The Chief Justice added: It is for the Jury to any whether there is any loophole in the tidesce gr

Mr. Fraser then made his final submission to the jury for the Crown.

The police deduced that the mur derer was very strong or that there were two murderers; that the mur. derer know Po Mui was likely to come to the basement because pre parations bad been made for her. The murderer needed money and knew Po Mui would have some

The motive was not robbery Baid Mr. Fraser. "It was murder and robbery, for robbery with no murder meant no security."

Hi Lordship: Supposing they hoth went to the house, one with the intention of killing and both with the intention of sharing the money after the woman was dead, does that in your opinion make them. both guilty of murder 1. Must there be common intention to all

Mr. Fraser: "I submit that it is not necessary to have common intention to kill and quoted Hals bury in support.

The statement of the accused was not a confession but a state meat by which he sought to prove his innocence by putting the blame in his wife. If the statement was to be believed the real murderer was the man's wife. The weight of the evidence weat to show that the wife was the guilty party, if any

one.

⠀ The Bumming Up. -

HONG KONG DAILY PRESS, FRIDAY, JULY 21, 1933

AN INDECENT ADVERTISEMENT

DEFENDANT UNDERTAKES ITS DESTRUCTION

The summons' against "Wah Chi Ming, manager of the Wah Sang Tea Merchants, in respect of an indecent advertisement drawing ap pearing in the Tum Wan Tat Po, was concluded before Mr. Wynne- Jones at Central Magistracy yea terday when the Magistrate regi tered a conviction on a technical offence but discharged the defend- ant, who gave an undertaking that he would not use the advertise ment, or a similar one, in the Colony and that he would destroy all documenta, etc, in connection with the advertisement.

Mr. W. P.. Thompson, Assistant Director of Criminal Intelligence. appeared for the prosecution while M. Leo D'Almada, snr., defended,

Not a Fair Question,

The first witness called was Ho Chun Yeung of the Secretariat for Chinese affairs. He said that the routine was that the censor went through the Chinese papers every day and he (witness) had charge of the filing of these papers.

Mr. D'Almada: This prosecution is not prompted by the 8.0.A. Į

Mr. Wynne-Jones: The witness cannot speak as to that

Asked what the characters in the picture meant, witness said that they read, " this picture has a hid- den meaning."

Mr. D'Almada: The word "yee" could also mean "purpose,"

Mr. Wynne-Jones: Most unfair to ask witness this question. His ness did not claim to be a qualified Worship went on to say that wit- interpreter and although the ques tion would not be "unfair to a to the witness. qualified interpreter, it was unfair

Court Interpreter.

Mr. Yeung Man Yuk, the court interpreter then went into thể box- where he stated that his construel tion of the four characters were, "there is an inherent meaning in this picture."

ing): There is so inherent mean- Mr. D'Almada (erona-examin- ing in this picture. Could it also mean there is an inherent purpose rarely understood. in this picture f-It would be very

But the ordinary reader might read it as purpose -Possibly.

Or idea Possibly

But Apart from that, there is find the meaning of the picture- nothing to suggest to the reader to I can't say.

rarely, so to speak, notice the The ordinary individual would characters-It all depends,

Detective-Sergeant gave brief evidence and that closed the case for the prosecution.

Ellia then

Mr.

No Usse to Answer.

Addressing the D'Almada said:-

Bench.

"I am going to submit very briefly that there is no case for me to answer on two grounds, and on two grounds only at the present. der section 3 of this Ordinance and "The defendant is charged un- this is one of the Ordinances which does not, fortunately," throw the anus on the defence but the onus is on the prosecution.

prosecution must prove before they There are two things which, the

can succeed:-

That we have published this picture in the paper with the culp. able intent of demoralising the public

bears of the public haye in fact "That some member or mem- been demoralised by the picture or by its publication.

would not have a reason if the pic- Of course these two points ture, on the face of it is clearly indecent. On the evidence so far The Chief Justice in the course of produced by the prosecution, there hia summ ng ug said that the whole is not a title of evidence to prove of the evidence was practically unit. There is no direction in the disputed and the jury's task was to advertisement to the erect that if find what that evidence proved you turn the picture upside down His Lordship said it was not neces and obscure the beads you will see sary to prove that the prisoner the hidden meaning of the pic took any violent par It would be ture. enough for the Crown to show that he was present aiding and betting in the crime

The evidence, said his Lordship was divided into two classes, circumstant al and direct. - The cir curatantial evidence included the fact that before the old woman's death they were in need of money and that after the death they had comparatively large sums of money.

His Lordship pointed out that according to the prisoner's own story, he was present on the scene of the affair It is for you to decide whether his presence on that occasion was that of an in- ocent spectator or the presence of

↑ Berson who was aiding and abet

His Lordship said it would ap. pear that the common design as tingg".

to share the proceeds after the woman was dead."

commendation given above,

COLONY'S LOSS OF TRADE

IN 1933

IMPORTS DOWN.

22.8 PER CENTA

EXPORTS 12.7 PER CENT.

COMPARISONS WITH IST HALF OF 1932

According to an official report, issued by the Statistical Office of the Imports and Exports Department, the trade of the Colony suffered a decline in the first half year of 1933, as compared with the corresponding period in 1932: Imports being less by 22.8 per cent,, and Exports by-12.7

per cent.

Imports were declared to a value of $359.0 millions (£17,0 millions), as compared with $335.4 millions (£22.1 millions) in the first half of 1982; while Exports were valued at $211.6 millions (£18.9 millions), as against $242.3 millions (£16.0 millions).

IN TERMS OF STERLING

In terms both of sterling and Hong Kong currency, the total trade of Hong Kong during the first half of this year is the lowest recorded bat it should be noted that owing to exchange and price fluctuations, and other causes, compari- sons of values do not accurately represent the trend of trade, "NATIONAL PERCENTAGES

In the first half year of 1932, the United Kingdom counted for 18.8 per cent. of the total import trade of the Colony, but their share fell to 10.9 per cent. this year.

The Japanese share of imports increased from 2.9. per cent. to 4.4 per cent. French Indo-China from 8.4 per cent. to 10.6 per cent.Siam from 8.4 per cent. to 10.6 per cent. ;" India from 2.4 per cent. to 3.3 per cent."; and China from 24.8 per cent. to 28.3 per cent.

British Empire imports accounted for 19.6 per cent. of the total in the first half of 1931, 23.6 per cent, in 1932 and 20.2 per cent. in 1939.

Following are the comparative figures of total Importa"" and Exports, including Treasure:-

Merchandise Treasure

IMPORTS Jan.-June 1982 8335,439,121

Total

42,985,066

@378,424,187

Merchandise Treasure

Total

Jan.-June 1933 $258,950,214

16,003,268

$274,953,482

EXPORTS Jan-June 1932 $242,302,696

Jan.-June 1933 38211,555,816 63,002,661

$4,222,998

$296,526,094

8274,557,877

EXCHANGE

The following table shows the average T.T. opening rates for

the first six months of 1933:-

76.0/16 107

186

London France 5455 U.S.A

Jan. Feb. *1/31

March 14 1/3

363

5607

211

218

92

April May 1/3.11/18 1/4.5/16 5701

23.5/16

June

681

201

1/48 505.8/16

Shanghai 700. India ...... Singapore. 541

761

83

Bet

50

Japan 102 103 Java

103

53

54

56

1001 901

81.15/16 58.5/16 501

-109.15/16

581

1091

84

E

501

104.15/16' 110.3/16

561

57.11/16

Tote: Shanghai exchange, was quoted in Tuels up to and in-

cluding April 6th, and thereafter in Shanghai Dollars

In the following table the total values of Imports and Exporte of merchandise are given in £'s and 's millions for the first si months of the years 1993/33

1023

Imports. Exports. £ 29: 30:2** $262,24*439514.4' £384 as $308.4

1924

1925

€ 30.8

$284.9 29.3

$268,6

1931

1972

$254.0 27 A

$367.00-$872.7 £82.1 E 16.0 8335:4949.2 · £17.8E-120: *#950.01-8811.6

VALUES BY COUNTRIES

values of Imports and Exports by The follwing tables show the total countries for the brat six months of 1832 and 1943 huma Imports.

N. E. Indies... Philippines Portugal...... Biam * 8. American Sweden Switzerland

Total

U.K

Australia

“KNOTTINGLEY ”

(British Made)

(HEAVY CUT)

CRYSTAL

BOWLS

(ROUND)

6 Dia @ $1.75 each.

71*

81

SUNDAE CLASSES

$8.50 doz.

Glassware Dept.

$3.50 each. $4.50 each.

LEMON SQUEEZERS 50 cts.. each.

Phone. 28151.

Lane, Crawford, Ltd.

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All over South China,

HALF YEARLY COMPARISONS

Italy Japan

1,573

1,470

9,731

11,340

K/C. Wan Macho ..... Norway

3,928

3,325

4,729

3,920

1,083

648

34,820

19,604

854

660

1311

45

28,000

27,422

2,173

680

623

296

Spain

39

Others.

1,701

531

335,430

258, 950

1000's omitted.

1932.

$1,673

1,323

700

Burios

$1,000

734

Canada

1,122

Ceylon

352

BE Air India

101

8,443

2,498:

N. Zerland

Ise

白

Pak

B. N. Borneo...

617

1839.

$46,438 Australia di 7,452

1933. 28,131 4,667

8. Africa

Straits!

166 0,844

B. W. Africa. 10.

Burme

4,682

B. W. Indies

Canads

4,070

4,873

B. E. Other

867

Ceylon

100

90

Belgium

975

B.E. Afric.

905

30,196

21,001

India

B. N. Borneo.

8,153

1,798 321

8: China

20,144 10,810 01,252,

89,948

·1.448 276

48

43:

C. America

1,031

5,273

15

Means

403

1:1849

France

109

$1,006

858 4,020 903 38,210

Indo

na 14,270

Ger

834

2,604

M. China

Holla

610

Cubs

Ithly

56 277

3.

8,020

0 Amer

0.8979 8,305

of the

Dentnar

9,911

Hé Amunged his

ting

1,50

Norway NE

two water melon.

violently ill and pa same evenlig

Indio

Holland

Phlipi

3,611

14,908. 3,388

Portugal

3,331

(Continued on Page 12.)

ing that he submitted very strong

Mr. D'Almada concluded by say- ly that the prosecution had abt made out & case for him to answer. His Worship: If the pictures ap- peared without the four characters, world have thrown out the case long before gox. He then decided as mentioned popre.

CHOLERA DEATH NEAR CANTON

melon, is said to have caused the Cholera, due, to eating water

After His Lordship had reviewed death of Pau Ki Sang, a rich Chi other portions of the evidence, the best aged forty, who Mr. Fraser I anbmit that on jury retired for forty-five minutes in his village on the outskirts of s living the facts of this case, the common when they returned an unanimous design must have been to kill, verdict of guilty, and added the re, Canton. Mr. Pan, had been to Can

His Lordships: Not on the

ton on business, and on his return pent facts. After the death centence had been to the village he com

Hr. Fraser The comm design passed, His Lordship informed the need not go so far murder. Jury that the Attorney General had They need only ha

de issued writ of nolle protique, in sign to rob

respect of the prisoner's wife. She His Lordship: That they did not would accord ngly be dischar

heat and said he

UK

8000's omitted

Na Zealand

S. Africa Straits B. WIndies B. E. "Other Belgium

Chink

8,400 M. China

Cuba

Denmark

·Egypt

• Зарад

they know the mean-

ing of Pak Mah, and

all over the world they

Mah

know the quality

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