1934-08-23 — Page 7

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Jury

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HONG KONG DAILY PRESS, THURSDAY, AUGUST 23, 1934.

To Decide

FRESH TRIAL NECESSARY IN. MICHAEL PINE MURDER CASE

Lengthy Summing Up By Chief Justice

After deliberating among themselves for two and a half hours, the jury failed to arrive at a verdict in the case in which Ng Lol Yuen is charged with the murder of Michael Pine. The jury retired at 12.20 and at 1 o'clock the Chief Justice, His

· Honour Mr. A. D.' A. MacGregor, inquired from the Jurors In open Court whether there was any likelihood of their coming to a verdict in the course of the next few minutes. The fore man replying in the negative, the Chief Justice directed that the Registrar should order some tiffin, for the jurors, and ad- Journed the Court until 2.15 p.m.

The Jurors however, did not come into the Court again imi 3.05 pm, when the foreman announced that the jury found it Impossible to agree upon a verdict.

His Lordship: Do you think If you are given further time for consideration the result will be the same?

The Foreman: Yes, my Lord.

His Lordship: You have now been

away and you see no way out?

The Foreman: I am afraid so.

two-and-a-half hours

His Lordship: I am sure that each of you appreciate how unfortunate such a position is, "but às such a position has arisen and persists. I don't think there is anything more we can do.

Jury Exempted For Two Years

His Lordship then consulted the Assistant Attorney General with regard to the best course to be taken for the re-trial. He said that he was quite prepared have the case taken next week. recessary. It was two months

to

since the occurrence and human memory was not always infalible and the sooner the trial could take place the better.

Mr. Fraser agreed with His Lord- ship.

His Lordship (To the Jurors?. I thank you for your services. 1 shall have to discharge you. It can't be helped. In view of the lengthy trial, I have pleasure In exempting you from further jury service for a period of two years.

The Summing Up.

In the course of his Summing up the Chief Justice said:-..

In Hong Kong we are all mem. berg of a very small society and s case such as this, with a consider- able amount of dramatic and emotional interest. arouses amount of tension and a degree of publicity which is from one point of view a little unfortunate but quite inevitable.

An

..

into the nullah. It was a point of view worthy of consideration, that the ordinary child seeing one or more of its companions seized in- this way, would probably run away.

Roland And Oliver

None of the other children had been called to give evidence the Crown probably being influenced by the good reason that they were too young for them to give evid- ence sumciently cogent and con- clusive for the jury. to act upon

Mra. Fairburn had said that the children were not playing in the nullah but were thrown in from the road. The defence had sub- mifted the improbability of the accused, throwing the children in one after the other as alleged and put forward the suggestion that they were actually down at the water's edge when they were swept away. Against this Roland from Mr. Lim, his Lordship had an Oliver. There was the improba- bility of the children being all swept away at the same time, and the further coincidence that just at that moment accused jumped in from the bridge.

The hypothesis that there may have been another man had not been seriously advanced, and in view of the observation that, was kept on the nullah banks from the moment of alarm, he would certainly have been seen. The theory that accused may have been attempting to rescue the children had also not been pro- pounded.

to

The Letters

what he did to the other children,

Acctised was a man of strange Accused does not stand before you

Ideas as the letters in the case on a charge of inflcting any in- showed, a man who, if these letters | tury

were any child but Michael

be believed, honestly. thought Pine. The evidence of the other

It a glorious thing to children may be relevant and very

kill a man and was determined to commit suicide. cogent but what you have got to

He was rankled

on

set in the forefront of your minds at having been cheated in Swa- tow, being out of work and with- is the treatment he meted out to

out money. The Crown had ask- Michael Pine.

ed the jury to put these factors together and say What more glorious consolation was his than to commit suicide in that nullah and take with him these chi- dren. That he thinks puts the Crown's proposition in a nutshell.

His Lordship then gave a resume of the evidence before the Court. Referring to the depositions of Mrs. Fairburri, he stated that from her evidence it was known that

two children were thrown into the

nullah. The evidence showed that two children were picked

up "But," he added. "It does not necessarily follow that these were the same two children because as we follow the nullah down stream near the third bridge we find there were many other people in the nullah who had been caught in the torrent and carried down by it." -

Dealing with the rescue of the other children and of accused, His Lordship said there WELS evidence which identified the, man who was swept down the nullah and the man who

taken

was

I have no doubt that there must out from just inside the tunnel, have been many stories and rum- who was at present charged be

ours and it is likely that some of fore the Court as one and the them have, come to your ears. I same person. want to ask you most earnestly to do your utmost to forget all that

you have heard except what you have heard within the four corners of this court in the last two days. I want you to recall to your minds the terms of the oath which you have taken to return a verict in accordance with the evidence nothing else matters. Stories and rumours have nothing to do with -your-responsible duties

of

No Racial Confit Secondly, please put out your minds entirely any feeling. or idea that may have been aroused or instilled in your minds that there is a racial conflict in this case, or still more, by the fact that the person whom the accused is alleged to have killed, was a lit tle boy. Emotionalism such BJ. this, though it does credit to the heart of each ofe of us, has no place in a court of justice. Ac- cused is entitled to a fair trial and a just verdict at your hands and there can be no question of retaining anything of that sort any micre than in an ordinary case before the court.

Thirdly, remember what

the learned Counsel for the accused

No Unfair Inference

His Lordship said it. WAA K

Hong Kong Trade Returns

DECREASE IN BOTH IMPORTS

AND EXPORTS

Statistical Office Issues Monthly Report

The Statistical Office of the Imports and Exports Department reports that the total imports of merchandise into the Colony in the month of July, 1934, amounted to` a declared valus of $29.7 millions (£2.2 millions), as compared with $38.7 millions (£Z! millions) in July of 1933: a decrease in terms of local currency of 23.3 per cent

Exports of merchandise totalled 129.2 millións (£1.7 milions), as against $28.7 millions (£2.0 millions): & decrease of 19.2 per cent.

L

For the first seven months of 1934, Imports totalled $225.2 millions (£164 millions), as compared with $297.6 millions (£19.7 millions) in the corresponding period of 1933, a decrease of 243 per cent; while Exports were valued at $180.3 millions (£13.2 millions), as compared with $246.3 millions (£15.9 mil- lions) in the corresponding period of 1933, a decrease of 24.9 per cent.

The following table shows the comparative Agures of imports and exportä (including Treasure) during the months of July, 1934 and July, 1995:-

Merchandise Treasure

IMPORTS

July, 1934 $29,705,534 7,519,389

July, 1933 $38,664,439 2,131,304

540.793.743

Total

$37,224,923

EXPORTS

July, 1933

$28,739,748

13,483,730

$42.223,478

Merchandise Treasure

Total

July, 1934 $23,240,797 # 8,326,694

331,567,491

1934

MONTHLY FLUCTATIONS Bince July of 1933 total Imports January of merchandise into Hong Kong fuctuated from the lowest dollar Feb. value (29.6 millions) in February, 1934, to the highest (43,5 milions) March in September 1933; while «Exports Auctuated from $32.2 milions in | April February, 1934, to $34.7 millions in September, 1933.

832,549,352 $27,390,494 (£2,390,343) (£2,011,489) $29,591 438 $22.223,746 (2,811,851) (1,860,994) $33,838,848 $27,867,023 (£2,522,914) (£2,090 020) $32,127,612 $26.541.120 (£2,342.638) (£1.935,290) $32,799 925 $27,032,079 (£2,239,161) (1,885,076) $34,834,795 $28,063,095 (£2,485,608) (£1,889 710) $39,705,534 $23,240,797 (£2,181,500) (£1.706,748) | Mean rate of Exchange for July, 1834 HK$ 16. 54d.

May!

The figures are given below, with the sterling equivalentă, at aver- June age rates of exchange, in brackets:

1933

July- Imperts July $38,604,439

August

Counsel for the defence had said that they could not attach any great importance to these letters. Anyone may have put them in the bag. They may ne- ver have been in that parcel un- til ve minutes before he was handed over to the Police, No- one had been called to say BC- cused has preached, practiced or | Sept. discussed such Learned. Counsel had mention- Oct,

dreadful views,

ed that before with B great deal of force. Further, sel had asked whether tha was conceivable that any man, Dec..

Exports $28,739,348 (£2,688,387), (£1,998,316)

$32,060,399 $39,947 837 (£2,748,414) (£2,204,152) $43,508,242 $34,872,091 -(£3,036,373) (£2,419 923)

$42,443,758 $34,339,869 (£2,973,274) · (£2,405,570)

$40,581 833 Coun- Nov.

$33.731,571 (£2,852,004) (£2,371,751)

$27,994,498 $36,841,971 (£2,000,045) (91,975 453) | V. K.

no matter what purported to be his beliefs or how deep-rooted his

VALUES BY COUNTRIESTM

The total values of Imports and Exports of merchandise are showru below by countries; the figures for July, 1933, being given in brackets: Imports Exports

2,152,729 379,874 (3,690,658) (336,615)

$79.346 198,371

Australia

intentions to commit suicide, could go to his death with children. "I can imagine" Mr. Lim had said which the ambulance boy under-Burmă "a man who really believed what stood to mean "I want more wine.” these letters set forth taking

Dr. Valentine had said that Canada

with him an adult, but not chil-accused was suffering from Immer- aren. Children are far too sacred."sion, injuries, and drink. At the Ceylon

-Theory Of Intoxication

I

he could only have been moderate- E. Africa

under the influence judging

time of the incidents at the nullah

not have been say, drink enough from the urinal results. He would India

to walk in front of a tram car. Malaya

and N. Zealand might have

significant fact that when accused was being brought out of the nullah" he struggled hard. At the hospital he was found to have a slight crack or fracture of a But there is another aspect thigh bone and the leg was put of this case. into a plaster of Paris splint. On know how to put it... A good do not quite

the day that two prisoners es- deal has been said about it and caped from the detention ward of is a matter of considerable im- the Government Civil Hospital.portance in the event of certain have been emptied in the nuilah.

The contents of the urine may (British) where prisoner was also confined, happenings. The defence is that His Lordship pointed out prisoner was found to have soaked it was an accident. "If you accept their examination off his splint with the idea of that and say Michael Fine was escaping.

The jury would not draw unfair probably playing about and was inferences

carried off his feet by the current ground that it did not appear to that is the end. Your proper ver- be the action of an innocent man

dict then is one of "Not Guilty." for it was also reasonable to think you come to the conclusion

when marshalling all the facts, that if accused woke up to find bimself detained under a serious and weighing all the evidence. charge and then hears that two that you cannot reslat the con- other prisoners are planning anclusion that accused by an unlaw- escape, he would try to get away

ful`act caused the death of Michael himself and thus rid himself of Pine, then and then only, we come the whole business.

to this other aspect of the case. That is the theory or hypothesis of intoxication, `a

from "that on the

Mary Pine

1!

shown a higher degree of intoxica-B. N. Borneo tion. However, accused had not offered evidence to this and the 8. Africa onus or establishing a defence of intoxication was on him.

W. Africa In law drunkenness was not a defence but in certain types of W. Indies cases as this one, such a defence could reduce the offence. AB. E. Other

Belgium

Three Alternatives An essential ingredient of a crime was intent as it was here-- China, and if accused was proved to the satisfaction of the Jury to have With conspicuous fairness, the Let me remind you what this been so much under the influence China, "Assistant Attorney General bad is based on. In a shop in Pedder of alcohol as to have been incap-.. said that with reference to the street the employees had a morn-able of forming that intent, the actual charge against accused, ing meal which was shared by the offence was reduced from the China, he did not place much reliance on accused We know that at that maior offence to the minor in very properly stressed yesterday the evidence of little Mary Pine. meal no wine was consumed We this case from homicide to man- It is a cardinal principle of Bri-It was important, however, to are entitled then, I think, to as- tish justice that an accused per-follow her testimony when shesume that accused went out some- son is innocent until he is found described the children being time that morning, after the meal guilty.

thrown over and said it was done without having up to that moment It is for the Crown to satisfy by a Chinese who was the accus- taken any intoxicants. We know you of his guilt and it is their ed bounden duty to put before you

Her evidence was corroborated nothing of his movemente until a case which taken is a whole, will lead each one of you-as rea- sonable men to say: "I have no doubt of his guilt."

The Point At Issue

to a remarkable extent when at

an identification parade she point-

A

late that afternoon.

Asked For Wine

slaughter..

(104,956)

(302,477) 18,861

(92,304)

140,924

(553,332)

(169,741)

151,089

83,589

(293,938)

8,447

48,802

(9,355)

A (38.185)

33,508

19 375

(24,485)

245,628

333,209

(712,601)

(383,456)

(19,202)

525,007 2,147,812

(438.478) (1,860,722)

14,213.

73.192

(7,526)

(36 299)

130,078

77,908

(166.218)

1,779

- (68,777)

121,488 (47,813)

10,892

(-)

178,870

(129)

47.749

(97,720)

432,355

(70,809) -122 004

(82,557) 72,948

(086,045)

())

North 4,751,518 2.831.109

(4,088,284) -(2 778,916)

IN

Middle

873.144 1,593,127 (793,265) || (2,351,651)

South

5,018,015 5,938 222 (6,325,550) (10,679,258)

(341,250)

19.424

10,735 (37,588)

101.033

2448 (8,100). .(1,110).

(82,479)

74

Cuba L

before them. They could return a C. America

The jury had three alternatives

verdict of "Not Guilty" because death was accidental or was not Denmark caused by accused; They could re

turn a verdict of "Guilty.” 1f they Egypt were atided that accused threw Michael Pine into the nullah and France that somewhere in that nullah he.

had sustained the fractured skall | Indo-China which killed him, or "Quilty of

ed out the accused immediately. We do know, however, that his and then acting on. child's capital could not exceed more than instinct, ran to her mother, hid $2 at the moment: We next come her face in her mother's dress" across him in the pulish and the In this case we have a very and cried

first we hear of intoxication is from || Manslaughter" if they accepted: Germany curious set of circunstances in

The story was a strange one. the Ambulance boy who took as the submission of intoxicaiton that there is alleged by the Crown | It would not have appeared possi-cused over and travelled with him which meant that they were satis Holland an action involving five children ble for one person, no matter how to the Government Civil Hospital.fied that the accused was so drunk and it is possible that some of you diabolical his intentions, to throw The Ambulance boy states that that he was not capable of form- may be inclined to think: Look five children one after the other accused said to him "Yum Chowing the intention to kill the boy.

1,940

4.519 (7,624) (11,972) 121,503 120,786 (284,485) ... (252,117) 2,477,283 2,013 137 (4,291,814), (1,510,427). 1,088,249 **. 316,681 (1,273,930). (24.848)

309 534.

47,070 (318,918) (76,278)

(Continued on Paro 11)

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