1935-10-26 — Page 6

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HONG KONG DAILY PRESS, SATURDAY, OCTOBER 26, 1935.

THE CRIMINAL SESSIONS

Murder Trial Adjourned Till This Morning

That the lack of medical evidence in a case of this impor- tance is to be deeply deplored was the opinion of "the defending counsel and the Chief Justice when the Lantao murder trial, in which four Chliese are charged with the murder of å 51 year old farmer named Au Man Fal at Chukowan on September 2 fast year, was continued before Sir Atholl MacGregor yesterday, Both voiced the hope that such a thing will not occur again in the future as medical evidence was very important.

11

Mr. W. J. Lockhart-Smith, Assistant Crown Solicitor, pro- secuted, and the accused were represented by Mr. H. C. Mac- namara and Mr. Harold Les, on the Instructions of Messrs. Dennys and Co.

The jury comprised Messrs. F. Goodwin (foreman), W. Ro- bertson, G. Castle, C. A. Coelho, Wong Tse-kwong, "Chau Lak- chow and J. O. Sequeira,

Condnuing his evidence, the se cond defendant said that he went to the deceased's hut with others

not in custody for a visit and while there they saw the family were having, their evening meal, Li Tang Kwal, followed the de- ceased into the hut after the meal

and two others went out with the deceased's son to pluck guavas. He (witness) was sitting around a

AROUND THE COURTS

COMMITTED TO SESSIONS

At the Kowloon Magistracy yes. terday. Mr. E. 1. Wynne-Jones committed to the next sessions. Ng Ting, aged 38, who appeared before him ch a remanded charge of having returned from banish- ment before the expiration of his term.

Sergeant T. G. McKay, of the Finger Print Department Police Headquarters. testifled to the fact that defendunt was banished, on April 26, of this year for a term o 10 years.

On October 18, following de- fendant's arrest for a serles Df robberies that were committed in the Kowloon The going away of the defen-

Tong residential area, he took defendant's finger dante after the deceased had' taken ever their land had been the finger print slip which he (wit- prints which corresponded with a truitful source of disagreement ness) had received from the Kow- between the deceased and the de-loon Police Station two days pre

viously.

fendants

15

People in the widow's standing seemed to have a lot of money.

*

scar on his thumb.

Evidence Was also produced that defendant was taken to the Kowloon Railway Station. On Sep. tember 17. this year, and made to board the afternoon train for Sam

A photograph which was taken, It was still an extraordinary thing ed that the two prints correspond

and subsequently enlarged, show- ter such a large sum of moneyed on 14 identical prints, the only as much as $480-to be put away expection being that defendant table with the widow and her two in a basket and to have evaporashad subsequently received a fresh daughters, and while there they eted completely into thin air with- heard a cry of "safe life." Hout à trace. though: that the widow had been Another witness, Pun Shun, had bitten by a snake, and questioned, given two stories. Mr. Macnamara her but received no answer. Uput it to the jury that these were Tung Kwal then came out of the made up and were non-existent. hut and went up to the deceased's "Ip Sung had given a very straight-Sheung. son who bolted on his (Li's) ap-forward and honest story. There When asked to plea, defendant was no other evidence than ble said that he had nothing to say. La then returned to the hut, but that he had been threatened. The It will be recalled that defendant on his way, the deceased was seen second defendant had all along was some 'two weeks ago, senten daggering out of the hut. Li aimed that he had been an ced to serve & years' imprison- tilen shouted out "Strike! strike","Innocent party to the crime. He ment by the Kowloon Magistrate and attacked the old man He was compelled to join in and run was la.er joined by three others away. He had taken no part in who happened to be on the scene. it while the other two who were with the son also took part in the as- sault. The woman tried to inter- vene, but witness caught hold of

preach,

her.

MAN DIDN'T SHOUT 'Cross-examined by Mr. Lock- hart-Smith, witness said that it

the woman, who

eled out "Save life!" and not the deceased, as he had stated in the previous hearing.

WAS

Mr. Macnamara, in re-examining the defendant elicited the fact from him that there was a strong

wind blowing at the time and I was dark. There was no light at the time and the defendant had absolutely no intention of doing anything bad when he went there,

WIDOW'S STORY ..

The widow's evidence was then {

reviewed at length. She was the only witness who had testifled against the second accused and nothing was mentioned of the other thre, while the son's story did not implicate the 1st, 3rd and 4th accused.

All along these three defendants had denied being there and the only "evidence against them was the widow's, and the case against them rested on her evidence alone. The question of doubt was then dealt with by Mr. Macramara l-after which the defence rested.

Ľ

SUMMING UP

In his summing up His Lord,

UNFORSEEN FEATURES

ship said that he would go over the whole case with the jury but This closed the case for the de-

In order to allow them me in fence

and Mr. Lockhart Smith

which to deliberate on the issue in addressing the Court said that he would address them on certain he was not going to inflict an them aspects of the case after which he another long spech but in the would adjourn the case to this course of the evidence a few un-morning at 9.30 p.m. foreseen features had cropped up The four men stood on a charge and he would try and explain them of murder The Arst thing they

as short as possible. He then re-(the Juays will have to decide was viewed the evidence, starting off with Pun Shun whom he said bad given a fantastic story.

The evidence of the widow Yip Cho was next dealt with. The defending counsel had said that she had jumped to conclusions but Mr. Lockhart-Smith concluded that they were irresistible con- clusions and asked the jury to belleve it.

whether te death of the deceased was due o an accident or culpable homicide. This was necessary be cause there was no medical evi- dence forthcoming. At this stage His Lordship said he agreed with both the prosecution and defending counsels that he lack of medical evidence in such a case was de- plorable and he hoped that neither he nor the Court would and itselt in a similar position in the future, The state of the deceased when his body was found was described by his Lordship who said that The no doubt the unfortunate man met, his end at the hands of some cruel men. I am glad in this case you are just to draw the inference that death was due to an un- provoked attack.' If this unpro- voked attack was not accidental a felonious homicide would be the result. The Crown case briefly was that any of the men concern- the blow that caused death. After ed in the case might have struck,

directing the jury on law regard- ing common felonious purpose his Lordship adjourned the court till to-day when he will amplliy on the rest of the evidence given.

Concluding Mr. Lockhart Smith said that the jury had to cheese between the story of the second accused and the widow and asked then to believe the latter. onus was on the jury to decide whether te accused are gulity or not and 13 was very probable that in the course of the hearing the *ry had made observations that human lives are at stake but they must also remember that a human life was also lost.

THE DEFENCE

Mr. Macnamara in pleading for the accused said that the case was one of great importance. In the

course of the evidence it was 're-

vealed that a large sum was lost and the jury must put aside the idea that perhaps part of this sum was being used by the accused in paying for their defence,

The presence of the defending counsels there, Mr. Macnamara pointed out, was due is the benevolence of the Government which did not allow

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ance. Defendant pleaded that he was only passing through on his way to Haiphong, and admitted" two previous convictions for lar- ceny and one for a breach of the Deportation Ordinance. Inspector Portallion prosecuted.

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basket containing 23 pieces of clothing" and $84 in money, the property of Wong Hing, a widow residing at 54, Russell Street ground floor, on October 18.

The complainant had not report- ed the theft to the police when it was discovered, but instead en-' quiries were made by the principal tenant, and all the neighbours, in- cluding the defendant, were ask-

"A 19-year-old Russian, Michal | ed to swear that they had not C. Korinevsk, appeared before Mr. stolen the articles. Later it was on charges relating to robberies Macfadyen at Central Magistracy discovered that the defendant had committed at the residences of

yesterday charged "with entering actually stolen the articles, and Messrs. C. Xavier. K. Hamilton

the Colony without e passport.he was arrested by a detective, and G. Twemlow, and A. Chapman, Defendant pleaded guilty and was fined $10, or in default 14 days all of Kowloon Tong.

hard labour, after which he would be deported to Shanghai.

ANOTHER CASE

.on а

Another banishee, named Liu Wan, 36 years of age, also faced the Kowloon Magistrate charge of returning from banish- ment before the expiration of his term. He was stated to have been banished for a period of 10 years on February 22, this year,

After evidence was heard from

19 having arrested defendant in a Chinese detective who deposed

Boundary Street, near Sung Yee Street, the Magistrate committed

defendant to stand his trial at the' next sessions.

Sentence of 12 months' hard labour was passed upon Lau Yam, aged 44, unemployed, when he pleaded gulity before Mr. Wynne- Jones at the Kowloon Magistracy yesterday to having committed a breach of the Deptrtation Ordin-

taken to the Wanchal Police station on Wednesday. Ee ad- mitted to the police he had stolen the property, and took the police to And another man, who was his accomplice, but that man was not found...

Accused entered the colony from Canton on October 22, and stayed at the Trocadero Hotel. He had no money and gave himself up to When the defendant was being the police. He had only a Shang-charged thi complainant came in haf registration certicate which and addressed him saying, clearly stated that a passport was "Serve you right for swearing that required when travelling. He come you did not steal my property; here with a German who also had your little girl died last night.” no money but his passport was in The defendant, "on hearing this order.

collapsed. The man was allowed to go and see his daughter, who had died suddenly. She bad not.. been sick before her death.

Defendant stated that he had come here to collect some money from a friend.

LI

EXCEPTIONAL CASE

Mr. Schofield accordingly bound over defendant in a personal bond " of $100 to be of good behavour for one year, remarking he was tak..........

At Central Magistracy yesterdaying a lenient view owing to the Yip Tal was charged before Mr. exceptional circumstances of the W. Schofield with the theft of a case.

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