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VERDICT OF NOT GUILTY

Manslaughter Charge Against Chinese Fails

An unanimous. verdict of "not guilty" was returned by the Jury at the conclusion of the ma slaughter case against So Shing allas So Pat San alias So Cheuk King for the manslaughter of Wong Pak Kiu alias Wong Cheux Kam at 157 Des Voeux Central, top floor on September 9, 1934. before the Pulsne Judge, Mr. Jussice Lindsell yesterday.

Mr. J. A. Fraser, assistant Atorney-General, Instructed by Mr. W. J. Lockhart-Smith, asstsant Crown Solicitor, appeared for the Crown, and the accused was defended by Mr. F. C. Jenkin, K.C., Instructed by Mr. M. K. Lo.

The following Jury was empanelled to hear the case:-Messrs. A. M. Larcina (Fateman), Maurice Ching, Lai Kwan-chit, Chan Ping-san, Wong Tin-nin, Chan Shik-sum, and A. M. Tye.

Formal Police evidence was given by Sub-Inspector J. O'Don- oven, Acting Sub-Inspector W. E. Meadows while L/Sgt. Kwok Tak Sing deposed to the finding of the body.

'Mr. Jenkin:

The Attorney Gen-

erat cannot tell the jury to weigh the evidence of the prosecution and the defence. In this case, the Crown have put in the depositions

HONG KONG DAILY PRESS, WEDNESDAY, JULY 24, 1935.

TURN OFF THE TONG FUK MURDER CASE

HEAT!

"Ninety In The Shade"

Hong Kong has. for the past

sweltering few days, been

in a hea wave. The temperature (maximum) recorded since Friday last, has been well over 90 degrees, and the first indication of the heat wave was given on Friday when a temperature of 90.3 was registered. The following day (Saturday) when most people were out enjoying their afternoon va- cation, an even greater heat was recorded. This occurred at 4 p.m. when the thermometer registered 91.2 degrees.

This figure is, however, by no means as, great as that experien- ced last year in Hong Kong at about the same time of the year. for on comparing the figures we and that the hottest day recorded last year was July 18 with a tem- perature of 93.1, while in the gistered on July 29.

Opens At Criminal Sessions

Arraigned before the Puisne Judge," Mr. Justice R. E. Lindsell "yesterday at the Criminal Sessions on a charge of murder, Chal Tam the prisoner appeared most unconcerned and paid little at- tention to the proceedings.

The alleged crime was said to have been committed on June" 10 or 11 at the Tong Fak Village. Lantau Island when the ad cused is said to have battered his best friend, "Chan Hang Tak also a fisherman, to death with an axe after having suffered from some sort of delusions. He was, I was stated, obsessed with the idea that some one was trying tà do him harm.

Mr. Tung Fan Lo instructed by Mr. H. A de B. Botelho is hånds of Mr. J. A. defending while the prosecution is in the Fraser, the Assistant Attorney General,. Instructed by Mr. W. J. Lockhart-Smith the Assistant Crown Solicitor.

The jury empanelled are:--Messrs. T. J. J. Fenwick (fore- man), G, 1. C. Sommer, Tang Nim. Chor, W. E. Hunt, B.- Saltau. U Tat Chee, and A. E. Gutierrez,

#

Mr. Fraser in opening his case A man of low intellect and weak that the defendant was minded could casily be prey sald

delusion. The symptoms AS charged with murder. Before the to facts of the case would be given it was the duty of the Crown to tell what little there is of the case

The officer in charge or the case. Detective Inspector A. H. Elston, then gave evidence in which he said that on June 23 this year the defendant went to the Central Po- Ilce Station charge room and gave of the" accused as part and parcel year before 93 degrees was re- and the question of law also arises. Valentine said that he was not

himself up. Defendant asked the police to investigate the matter re- garding the death of the deceased.

MISSING MAN

of their case. and under the cir-

cumstances

we have only one case here to consider and thap is the case for the prosecution.

His Lordship concurred in this Mr.view.

Cross-examin.ng witness. Jenkin said: As I shall be making the point later, I want to put this you. Is If not the duty of the police to bring all the persons con- "nected with the matter to give evidence in Court? We know that the man called Yung La! was on the premises and we know that the next day he attended the mortu- ary and identified the body. He

not, however.

attend

· did

the Coroner's inquest. Can you tell me why?

Witness: I made enquiries after the death enquiry but could" not

find him.

You didn't make enquiries for him before the Inquest No.

I

There is évidence before

this Court that not only was the man in the premises, but he actually went up to the Central Police Station to make a statement. don't know what is, in it, because nobody told me. Can you explain why is it that the man was not placed before the Coroner to tell what he knew of this matter understand from other.athcers con- cerned in the case that he could

not be found.

I

No steps were taken to hold ha! cending the enquiry?-No. The inquest was held two and a half months later..

Re-examined by Mr. Fraser, wit- ness said there was no justification in holding the man at all.

Mr. Fraser then indicated his proposal to put in the statement made by Yung Lal.'

why Mr. Fraser now intended to put in the statement.

rear

man was under a delusion. enumerated suggested that that

Cross-examined by Mr. Lo, Dr.

converse

The man was not a man of the convinced that the man was under In comparision with the past usual type. If It was possible for a delusion when he saw him. He two years, the figures recorded, to the jury to find a verdict of "guilty was a difficult man to date this month are not anywhere but insane" it meant that a man with, slow to grasp the real mean- the record although one had committed a act either un-ing of the questions put to Him and was llable to give fantastic and would be led to belteve-so in knowingly or he did not know it

has it

childish..answers. In his opinion been these was a crime. If neither of the tolerably, hat

prisoner

from knew right past few days-that all past re-

the

He could not certify the cords had been shattered-with a

wrong. prisoner insane unless it be at the time of his abnormal behaviour.

UNEASY MIND

few degrees to spare!

THE HIGHEST

Continuing, Mr. Fraser said there were two different versions of the incident. The prosecution alleged that the deceased was assaulted by "the accused and that through

It 15 Interesting to note that fright he jumped down to the

the highest temperature, ever re street from the verandah, Coun-corded at the Royal Observatory, sel then went on to read over the Kowloon occured as far back as depositions of the accused and submitted that he had produced 1896, when 94 degrees was regis-

tered in July.

contradict

sufficient evidence to the points raised in it.

Mr. Jenkin: My Lord, has the Crown any right to contradict any evidence which it has put in as part and parcel for its case?

Els "Lordship: Yes, of course. Mr. Jenkin: I don't think they have. at least not in my experience. Kis Lordship: I have come across it in mine.

this

The

The highest mean temperature recorded during the past few days. was registered on Saturday, when 85.1 degrees was recorded. record mean temperature Hong Kong occured in 1931, when 88.6 was registered.

The sultriness of the weather

for

August

we have been experiencing. has been due to and is intensifed by the comparatively close proximity

↓

above was proved and the prisoner did not know that what he was doing was wrong they might bring in a verdict of guilty and might find what state of mind he was in at the time,,, and if he was acting, under a delusion they might And a special recommendation.

If such a verdict was returned the usual course of the law cannot take its course as the prisoner would then be put in an asylum.

BOTH FISHERMEN Going into the facts of the case Mr. Fraser said that both the deceased arid the accused were fishermen from the Tong" Fuk village. "On the day in question both of them went to sleep in the deceased's hut. At abort 3 o'clock of a typhoon which has formed, the next morning a fisherman as a "Daily Press" representative went to call the deceased where was informed by an official at the he was told by the accused that Royal Observatory yesterday mor- that he had killed him (deceased). ning, to the East of south Luzon The man then went to make a re- or the morning of July M.

port to a police officer who came .This has moved very slowly and found the defendant with an axe and the dead man lying in the The accused never denied striking the deceased but when charged sald "I did not murder Chan Hang Tak but I did strike "and kill him. His country people wanted to murder me on the 5th day of the 5th moon but they fall- ed. At last they told me to go to the house of the deceased."

Mr. Fraser I am quite sure my friend is wrong. I can cite suff

in which cient authorities practice has been conducted.

Turning to the jury. Mr. Fraser submitted that the accused, after having got the deceased in his pow- er went on to assault him. The northward until the afternoon of document found in the safe showed July 21 (Sunday) when it was to sufficient motive for the attack. the east of North Fermosa. It's The document stated that deceased track then became northwesterly

his (accused's) wife veering had enticed

to west northwesterly. away.

finally entering the Foochow about midnight on July 22 (Monday), moving on a wester ly track.

NO INTENT

coast near

Opening has defence, Mr. Jenkin reminded the jury that it was their sworn duty to be quite satis- The latest, reports received here fed that the attack was made by late yesterday afternoon, indicate

Tocm

Chan Org Tak the younger bruther of the deceased told the Court that on the 4th or 5th of Jurie prisoner" complained to him of being "uneasy in the mind." A 3 am, on the morning in ques- tion Chan Fuk called at his place: and when they went to his brother's place he found the door locked. He called out to his brother but 'received a reply from the prisoner, to the effect that his brother had already been cut to death by him. Up to June 10 deceased and the accused were the best of friends.

In answer to Mr Lo's questions witness agreed that his dead brother

Was the prisoner's best friend and prior to the incident prisoner complained of ghosts and devils and asked his brother to stay with him to keep him com- pany at nights. Witness was cer- tain that the prisoner asked him to fetch the police and arrest him

and not merely to fetch the police.

Chan Fuk stated in evidence that at 3 am on the morning in question he went to call the de- ceased to go fishing, and hot re- celving any response he called aloud. The accused then called Concluding Mr. Fraser said "the out that he had chopped the the prisoner upon the deceased that the typhoon has expended because be wanted to be avenged itself about 250 miles North of case for the Crown is that the ac-deceased." Yuen Fat 2 sherman cused is weak minded but not was the next witness called who for the wrong which the deceased Hong Kong, which entirely ze-

stated he was a farmer and also. had done him by campering with moves any danger to the Colony insane."

an elder of the village. He re- ported the matter to the police when on his arrival at the scene he saw what had happened.

his wife.

from this source...

However, welcome relief to the heat experienced here will be

...

MEDICAL EVIDENCE

Dr. A.

Greaves, Government

Mr. Jenkin remarked that the solicitors instructing him had been the after time at pressing time Lower Court for witnesses to be

In his opening address, the pro- called. but their application was secuting counsel had stated that refused. He could not understand it was a heaven-sent opportunity afforded by the rain, which is an Bacteriologist, testified to finding

Under cross-examination witness that the deceased should be pre- aftermath of the typhoon. The human blood on the covering but sent at accused's premises. This, latest forecast reads as follow:- not sumclent blood on the axe to said he saw the accused on the Accused winds, determine it. On a chopper he afternoon of June, 10. south westerly submitted Mr. Jenkin, was entire-Fresh

found much human blood.

said that something had frighten- Dr. G. Ingram Shaw, Medicaled him. Witness asked the ac- Officer, Public Mortuary said that cused if he had killed somebody on June 12, he performed a post and the accused said yes and asked mortem examination or the body, him to get the police.

SMALL FARCE

under-

His "Lordship: I don't stand this small force. Mr. Fraser, what is the new point you try to bring in?

Mr. Fraser said a letter had been received from Messrs. Lo and Lu asking for the statements given by persons who could not be called as witnesses. He knew of no reason

ly wrong, as the accused had been squally, rain. to the premises a week before the incident. On that occasion he was not assaulted, the reason submitted counsel, being that the accused had no intention of revenge,

Counsel then referred to the discrepancies in the evidence given

BROTHER PEERS

(Special Air Mail Service)

London, July 6. Lord Sysonby-the Arst "y" is by witnesses for the Crown, and pronounced long-took his seat in submitted that no reasonable per- the House of Lords yesterday. He why such an extraordinary demand son could convict his client on had the rare distinction of being

introduced by his brother:

was made. The suggestion of pate | such evidence. ting in the statement came from

Mr. Jenkin.

ply to the charge. Accused sald:

"About this matter I will not right

now say anything. I will make a

THE SÚMMING UP

He and Lord Ponsonby stood side

J

POLICE EVIDENCE

of the deceased. The cause of death was fracture of the skull and

Sergt. K. L. Stephens gave evi- shock. Between June 13 and 25 he had the prisoner ander observationdence that he was on patrol in No. and had come to the conclusion 2 Police launch when he received a message in consequence of which that he was well below normal.,,

he went to the hut. A man named Chan Fuk was standing by, and

Cross-examined by Mr. Lo, wit- ness agreed that the force of the

An interpreter at the Central In

his summing-up, His Lord-by side at the box. From now on blows could have been inflicted by the unlocked the door for witness. they will sit on opposite sides of the prisoner when he was normal. When witness went in he saw ac- Police Station was then called, and ship" told the jury that there were

The prisoner's mental condition cused in the middle of the but he deposed to taking down the two different versions of the inci" the House.

dent. All the evidence that they The Ponsonby brothers, however, was far below normal and his in-holding an are, in his hands. Hé statement made by accused in re-

had heard was technically, part of can claim no record. That belongs tellect was low. When he examin-handed the axe to witness who the Crown case. The prosecuting to the Ceefls. Three brothers sit ed him he behaved in a strange, took it. counsel, he said, was entitled to the Lords-Lord Salisbury, the abnormal manner. Prisoner told Partly under a bed against the ask the jury to believe some of the Bishop of Exeter and Lord Ceci of him that he (prisoner) was suffer-side of the wall was another man

Chelwood.

ing from persecutions by arrows who was nearly dead. Witness evidence he had put in and to dis-

Another brother, Lord Hugh seat down from Heaven, that he asked if accused had struck him Mr. Fraser then banded in the believe what had been contradCecil, sits in the Commons. Be- was charged with electricity, and and accused said; I struck him."

Pringle made cated by other evidence. poster of Dr. Bandit won ma the this case, it had been admitted tore now he has been mentioned belleved that decessed had intend-A stretcher was sent for and deceased and who is at present that there was a fight on the floor for a peerage. away from the Colony, as well as the deposition of the accused given in the "Lower Court.

statement in Court, because I am 1 at present."

Lal Kin, a 15-year-old boy, who was said to be an eye-witness of the incident, on being recalled by His Lordship, said the accused ran to the balustrade, climbed over it, stood and then jumped down.

This concluded the case for the prosecution, and Mr. Jenkla in- formed His Lordship that he did not propose putting his client in the witness-box;

EQUAL WEIGHT Addressing the jury, Mr. Fraser said: The only thing I ask you is to come to your judgment with a fair mind, weighing the evidence of the Crown and that of the de- fence...

on the night in question, and that the deceased had fallen from the third floor verandah and, met his death as the result of that fall. The whole of the Crown case re- leá on the evidence of the boy, Lal Kin. In his Lordship's opinion,

he boy was a truthful witness,

I's Lordship then read over the evidence of the boy; and said that the story had to a certain extent, been corroborated by an- other witness who was present at the time of the assault.

SHORT RETIREMENT

éd to kill him...

| wireless messäge was sent to From his actions the doctor Cheung Chaz Station for assis agreed that the man was suffering" tance. In the meantime the in from some sort of delusion. Wit-jured in succumbed...

Bab-Inspector WM. Darkin said "It is unfortunate, said Hts ness did not agree with Mr. Lo that Lordship, that the Crown had a man with a small head and low he came from Cheung Chau in chosen to have the deposition of intellect must necessarily be response to the message the accused read to you as it re abnormal but that rather suggest brought Dr. Teh with him, lieved the responsibility of the de- jed it. fence. It is also unfortunate that the accused was not called so that you might judge what kind of

WEAK MINDED

and

Inspector A H Elston said he visited the scene the same day and Inspected, the hut. The injured

Dr. D. J. Valentine, Acting De-man had wounds on the top of his a person he is. However, under puty Director of the Medical and head and bruises on his face. the circumstances, I think the de- Sanitary Services sald that he had There was a considérable quantity fence counsel had acted Tightly, as examined the prisoner twice and of dried blood on the door and the Crown had already put in the from his observations he found some on a chopper. An axe and

that the prisoner was a man of low a bill book werd alco in the but

posed that intellect, in fact weak minded. A Police interpreter The prisoner could neither read in answer to the ch nor write and could only answer said: “I did not mu simple questions but was quite stabbed him and quick at ample additions and sub- At this stage Atractions

Journed till?

Referring to the document found in the safe, His Lordship accused's deposition." said he thought the jury must In conclusion. His Lordship agree with him that it showed directed the jury on points of law that some two months before the in returning their verdict t

The Jury retired for twenty min assault, the prisoner had harbour-

ed a grudge against the deceased utes and returned the verdict

for having broken up his home,

stated above.”“

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