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HONG KONG DAILY PRESS, TUESDAY, FEBRUARY 11, 1936.

TWO POLICEMEN FACE COURT ON

BEGGAR'S DEATH

Jury Trial On Charge

Of Murder

Shanghať Feb. 3. or you will learn later, that Point shifting the centre of Interest Road is in the area which is under rapidly from the U.S. Court for the jurisdiction of Kashing Road China, where the Raven and Brown Police Station, and is situated in embezzlement case was concluded the Northern District of Shanghal on Monday, to HM. Supreme Court. As they were patrolling, they came the trial of Sergeant E W. Peters across a Chinese male person, whom and Prob.-Serg, W. A, Judd, of the they described as being of the beg- Shanghai Municipal Police, on a car class, who was lying at the aide charge of murdering one Mau Teh-of Polnit Road, where Sinkelpang plau, a Chinese beggar, opened Rand runs into it. gesterday morning before a packed Court

The prosecution was represented by Mr. Victor Priestwood, Crown Advocate, and Mr. John McNeill, wälle Mr. Ronald McDonald ap peared for Peters and Mr. H. A. Reeks for Judd. After a hearing that lasted all day, the case was | adjourned at "6.50 p.m.. to 0.45 c'clock, this morning, when the seventh witness for the prosecution will enter the witness box.

Mr. McDonald; It I exhaust your patience I must ask your pardon. | With your Lordship's permission and the permission of the gentle- men of the Jury I will ask any question which may have some. bearing.

Chang Zung-wel, hydrographer of the Whangpoo Conservancy depth of the creek, which was tidal. Board, gave evidence regarding the

From their records, he had formed the opinion that on December 1,

at 3 am, the depth of water in

the centre of the creek was about 9.9 feet; at the sides it would be between 3 and 6 feet.

·

Entering the box, CRC 1728 tesimed to the Anding of the beggar and to his reporting it to the station by telephone. The beggar "They will tell you that they en-¦ was dirty, and had fairly long hair deavoured to rouse this man and and a short beard. to get him on his feet, but that Cross-examined: He was of the they were unsuccessful in this, and opinion, after examining the man, they formed the opinion, that he that he was seriously 111; he was was very sick, inasmuch as he was groaning and frothing' at the roaning and foaming from the mouth. He later went to the St. mouth. Thereupon, they betook Luke's Hospital with Inspector themselves to a street telephone Bennett, and in a small wärd there box at the corner of Hallar Road, thought he saw a man who was where they put in a call-at least the beggar he found lying in they didn't both 'phone, one of Point Road. them, No. 17289, did-to the Kashing | There were nearly a dozen people Road Station. That call was re- In the "court-room half an hour ceived by a Chinese clerk who is before the case opened, and at 10 employed at that station-Kashing o'clock the room was packed tight Road Station-who passed the in- with people, a large proportion of formation on to the accused Peters. which were, of course, those sum-Now, I must pause here, gentlemen, moned to appear, if need be, on the jury.

NEARLY BLACK, WHITE

TROUSERS "

the previous witness when the C.P.C. 1993 testified to being with

beggar was found. He also accom- panted C.P.C: 1728 to the hospital. to tell you what the organization and when the latter came out of of that station was at the time." To the charge "for that you on

the hospital, went in and found a Inspector Bennett was in charge man lying in a small ward. He was December 1, 1935, at Shanghai, to-

of the station, and under him were quite positive that this man was gether murdered a male Chinese

a number of subordinate uicers, the beggar. The beggar, when they known as Mau Teh-plau," both the

On the evening in question, Sergt. round him in the street, was wear- accused pleaded not guilty. The

Peters was not very prompt in ap-ing a short jacket and "very dirty, following were then empanelled "as

peating" for charge-room duty, and nearly black, white trousers.” 'He jury:-

Messrs. N. L. Aparke, H. Stand-his place was taken by a Russian refuted a suggestion by Mr. Reeks ring, E. S. Hine, C. Trickett, G. D. sergeant. He came in late; Prob- that he described the trousers in Smart, R. V. Yarrow, H. K.Serg. Judd, who was on patrol duty, this manner as he had heard how Strachan, K. McKelvie, E. A. Dearn, came in for a cup of hot coffee, in the Police Court one witness had C S. Kemp, K. R. Plowright, and and some little time before 3 am, sald the beggar was wearing white H Walton. Nine of those whose a telephone call was received, as a trousers, and another had said they names were called out by the Re result of which Peters told the were black Eistrar were challenged by the Russian sergeant to proceed to the defence, while the Crown Advocate creek on Point Road to pick up a time when witness said he found objected to Mr. Strachan's Inclu- beggar. This order was counter-the beggar in the street. sion inasmuch as, being a journ-manded when Judd remarked that much questioning, he said "about alist, he probably had "previous he had seen a beggar there, and 2.30.”

Peters said he would accompany The case was then adjourned to knowledge of the 'case."

Judd to the scene in a station this morning, the jury being escort- paptor-car. It was strictly against ed to the Astor House Hotel, where orders for the accused, Peters, to they spent the night, by the Mar- shal of the Court, who, as usual, leave the charge-room.

was under oath to see that they spoke to no one but themselves. "

"I do not think so," replied Judge Mossop. "Mr. Strachan is an educated man and quite able to judge of the case on the evidence before him.”

⇓

11

Some amusement broke out when his Lordship asked Mr. Dear 1 He thought his deafness would prevent his sitting on the jury, and Mr. Dearn's strong reply "I am not dear!"

BIs Lordship sald he regretted the mistak

"A SERIOUS CRIME" · Opening his case, the Crown Ad- vocate said that the charge against the two men was a serious one, While anything he might say to the jury on the law of the facts in the case was always subject to the correction, of his Lordship, yét he proposed to tell them shortly what murder was. They all, of course, understood it in a public sense, but murder had a precise meaning in law.

}

CHAUFFEUR'S EVIDENCE

The chauffeur would be called, and would testify that he drove Peters and Judd to Singkelping and Point Roads, where they picked up a beggar and placed him on the running board of the car, They then entered the car, but after he had driven them as far as Fearon Road, he would tell the court how they ordered him to return Fearon Road, near the Yuhang Road Bridge, where he sew the ac- cused throw the beggar into the creek. They then returned to the station;

to

Evidence" would be also given by a hawker who lived in a house at this point, and who, rising early as was his wont, saw the car in the middle of the road, and two for eigners, dear it, fisshing their He quoted from Archibald's torches into the creek. Suspicious, "Criminal Pleadings, Evidence and he mentally took the number of the Practice," to the effect that mur- car, and after they left, went over der was committed if anyone into the creek, where he saw a man his right senses killed without going through the actions of drown- reasonable cause a human being. ing. He got help and reccued the under the King's peace, with man, who was taken to St. Luke's nialice aforethought, either ex-Hospital in a Hongkew Fire Station pressed or implied.

ambulance.

Malice, according to the legal

The beggar was subsequently definition of the word, meant an intention to do an act. In other identified in hospital by Police words, if any one committed any Constables 1728 and 1193; he died the proper consequence of of pneumonia some two days later. which might be, and eventually Enquiries were subsequently started was, death, such a killing con- by the Hongke Police Station, as stitated murder. A mother, for ti-a result of which these proceedings stance, committed murder if she were instituted

act

threw her child onto a heap of At the conclusión of this address, eshes and it subsequently "died which took well over an hour, Mr. through, say, exposure or lack of Priestwood sat down, the examiña- food. "Malice aforethought does tion of the various witnesses being not mean that the accused persons taken over by Mr. McNeil. Only must necessarily have harboured one witness was called in the morn÷ in their minds evil designs towards ing Mr. T. W. R. Wilson assistant the deceased person. It is sum land surveyor for the Public Works clent that they committed the act Department, of the B.M.C., who which brought about his death, testified to the drawing up of var deliberately." Further, if a man ous maps and plans of the vicinity. suffered from a disease which might terminate his life in a short while and someone gave him a wound-which hastened the death, he had committed murder, or at the very least, manslaughter.

Summarizing the facts for the prosecution, the Crown Advocate Bald

CASE FOR THE CROWN

On the night of November 30

A BEGGAR-BOAT"

When the afternoon Kearing opened, Mr. M. L. Sparke, on behalf of the jury, asked that the two ac-" cused, who had remained standing throughout the whole of the morn- ing's session, be given seats and this was granted A feature of the evidence given by Det. Sub-Inspec- tor J. U. Dickson, who took photo- graphs of the scene, was his cross-

last year, or, I should state, on the examination by Mr. McDonald, Wit- night of November 30 and Decem-ness refused to identify a certain ber 1, because it was shortly before boat in ons of the pictures as being

2 o'clock on the morning of Decem that of a "beggar-boat," on the

ber 1 that the first scenes of this trial were laid, two police con

stable Nos, 1728 and 1193, were

grounds that it was some eight. years since he last saw one.

Mr. Priestwood. I suggest 5 my

patrolling along Point Road. You learned friend's examination la will perhaps remember, gentlemen, quite out of place,

A discussion then arose is to the

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