1938-06-25 — Page 2

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GENERAL

SATURDAY, JUNE 25, 1938.

DEFENCE COUNSEL'S ADDRESS TO JURY

(Continued from Page 1)

ན

Imember that these threats were ordinary purpose of wearing it, bé-j

taken seriously, as shown by the cause he had an oilskin, « remark of the proprietor of the

Dwyer was seen carrying that STORY BEHIND LAMMERTS' AUCTIONS

The Hon. Mr. Leo D'Almada e New York Hotel in Sydney who overcoat down to the upper deck. Castro Jht, instructed by Mr. G.

the crime

said to Dwyer: Young man, don't

the

Dwyer said he left the overcoat

il

A PINE TWIG

A seeming inoffensive pine twig PUBLIC AUCTION.

been working together.

Both

18 Undersigned have received

instructions

to sell by

PUBLIC. AUCTION.

on

1

Commencing at 11am.

At their SALES ROOM, DUDDELL STREET

on a fan cover which does not exist, S Hugh-Jones, of Messrs. Wilkin-be foolish.*...;

"Apart from a threat, however, and the overcoat was found on the son and Grist, defended Dwyer.

lay on the table at the Kowloon Mr. J. Whyatt, Crown Counsel, there was the conversation which booms.

Dwyer bad in his possession live Court yesterday when Yam Kam- Mr. E prosecuted.

Davidson Dwyer had on board with another

Is it rounds of ammunition, and the io appeared before Me: Macfadyen watched the case on behalf of the seaman, when Dwyer asked:

possible to shoot a man shoard a wherewithal to commit a murder. on a charge of assaulting and Admiralty.

Three or four coincidences were wounding Cheung Slu-wal The Special Jury comprised ship with a gun purchased ashore?'

"Why should a seaman on the possible, five or six were astonish the defendant and the complainant Messrs. H. H. H. Priestley (fore- man), A. M, L. Soares. D. W. Mun-Dorsetshire contemplate purchasing ing, six or seven were incredible are book-printers in the employ of ton, J. M. Noronha, I, W. Shewan, a gun ashore? There were plenty ave or six were astonishing. six the Shing Chan Book Shop: Tat

of guns on the ship. And what a or seven were incredible, ten or Nam Street. Chau Shlu-ng and LI Tse-fong.

that a 12 possible. All these things phenomenal comcidence

Divisional Inspector F. J. J. MR. WHYATT'S AUDRESS

man was shot on one of HM. ships fitted into one scheme and one Portalflon related the story behind Opening his address, Mr. Wyatt a few days after this conversa single desire, the author is the the twig Cheung and Yam had | SATURDAY, the 23H JUNE, 1938. said that whatever else the jury tion

prisoner, Dwyer.

Cheung might be thinking he was sure

"That is the only reasonable picked up a batch of printed papers "FABRICATED STORY" they were unanimously of the opin.;

hypothesis." said Mr. Whyatt. "The and brought them to the foreman, stated "Dwyer had

at lon that the murder was com-)

evidence minst satisfy the Jury Yeung Chin, claiming that the mitted by a man who had given Board of Inquiry aboard the ship beyond reasonable doubt as to the printed papers were all printed much premeditation, that he was on the starboard side guilt of the accused. Although it from type which he had set up was moved, by some strong motive. the whole time, and he suggested, has been fairly and properly tested without any aid from the other and who possessed some degree of as some corroboration to his story, by the defence, the essentials of workers. On being told of this,

almost amounting to that a Chinese saw him there when the evidence have remained un baldness

Yam became angry. He picked up bravado, sald Mr. Whyatt in his he was on his way to the beads".

a plece of wood with which he hit address to the jury.

The Chinese has stated that this

Cheung. This happened at 11a.m. "You must judge whether Dwyer was untrue, and I suggest to you

Shortly before 4 p.m. Cheung re- possesses the qualities to rulf) that it was a fabricated story, made.up

"I venture to submit that at the gained consciousness and went to role," Mr. Whyatt sald

on the spur of the moment.

conclusion of my address you can, Shunshulpo Police Station to claim "Was he moved by a strong "mo Yesterday. my learned friend tive? Did he give it premedita-tried to show that the shot dic by your fair and reasonable judg-damages from Yam.

ment on the evidence, come to no On a bond of $10. Yam Kam lo He en- tion? Did he have boldness not come from the booms.

other decision than that this case was bound over to be of good con- deavoured to show that it came amounting to bravado?"

"He talked of the murder time from a galley. But I call the cook is one fraught with" some reason- duct for one year. He was also and time again. It is not disputed to prove that the galley was lock-able doubt and is not such as upon ordered to pay one dollar for treat- the evidence would warrant a con- ment Cheung received at the Kow- that he had a detestation of ed throughout the night.

viction." said the Hon. Mr. Joon Hospital. Dickinson. and it is emphasised| "But what does it matter where

D'Almada opening the address that he showed throughout dool-the shot was fired from, so long

for the defence. ness and a detachment which, as it was fired from the port side,

"According to the Crown, submit to you, was almost unna-if Dwyer, as he had stated, was tural.

actually on the starboard alde? Dwyer was a man of considerable his education intelligence and

"If the defence emphasises that submit that the reason why the within a few minutes of the mur-defence brought this forward was der. Dwyer was cool normal and that once it established that the unperturbed. he had to be so to shot was not fred from the booms, then the evidence regarding the carry out a crime ke this.

overcoat lost all its significance.

"If it be true that he was cool and unperturbed before the mur- der, it was not entirely true that he maintained that composure after the murder.

"Once he was caught off his zuard: by that I mean he was ob- served without knowing that he was so observed--he was sitting on the starboard bollards holding the guard all and trying to be sick.

"He was a good actor. There is no doubt about that; there is no shadow of doubt.

. THE OVERCOAT

changed."

MR. D'ALMADA

ing

some ammunition: phreys.

"That is the evidence of motive

to. Hum--

was far above the average of the lower deck. He was a man with and what kind of a witness did ambitions and hoped to be an the Crown produce in respect of "The only evidence. In respect

officer someday.

It?

"I suggest the Crown brought! this up in order to show that his of motive was given by Hum- chances of obtaining ward-room phreys, a man who gave his evid- The matter of the overcoat 19 rank would be seriously jeopar-ence-in-chief tolerably well but very Important. Evidence has dised if it came to light that he who falled miserably to stick to

when under story been given that, at 2 a.m. or there was gulity of a homosexual abouts, there was an overcoat on offence and that, therefore for examination. My friend s per- the booms. At 5.30 a.m. it was that reason, and that reason only. fectly entitled to minimise the gone; therefore between 2 a.m. and he conceived an intense dislike of fact of his contradictions and he 5.30 a.m. somebody removed it. At Dickinson

and conceived, some

4 a.m. Dwyer came off watch, and two months before the shooting. he was seen going down the lad- a plan to get rid of him. der on the starboard side carrying

his

cross-

is also perfectly entitled to say

that these contradictions were only as to time and were there- "The whole of that part of the fore unimportant, and to suggest an overcoat. It was clear that he Crown's case turned upon two in- the rejection of the evidence in did not go from the bridge to the cfdents -- Dickinson upper deck by any other means than by the booms.

The jury will remember that although he knew of Dickinson death, he gave one witness the in-

"When Dwyer was on the bridge pression that he was surprised he did not hide an overcoat, and when he learned the news from the interval of time between leav that witness. Ir that was not acting, I do not know what was "

"Why should he act? Why should an innocent man act? Not only was he surprised, but he is des cribed by Murphy is having a kind of smile or sneer on That is strange.

ing the bridge and getting to the

a few i recreation space was but minutes. It followed that Dwyer between the overcoat picked up

recreation the bridge and the Space, and this interval is narrow- his face.ed even more by the fact that he called into the signal distributing mice on his way, and did not have the overcoat then.

"That gives you some insight into the man's mind, and it shown

a very clear streak of vanity."

"One thing is certain, and I do

Continuing. Counsel said that he not think it is disputed by the had called 42 witnesses and, with

cross-examination of my witnesses one exception, it had not been sug-that Dwyer did not pick up the gested that they were in any way overcoat from the upper deck....... untruthful or dishonest, though At the inquiry Dwyer said he left there may have been inaccuracies his overcoat on a fan cover on the in their evidence. The only one starboard side. There is no fan; who was described as a liar was cover there.

Humphreys, and it was suggested "why dia he tell a lie about that his evidence was an entire where he left his overcoat? Be- fabrication without а word, of

cause it would have incriminated him.

truth.

"TRUE IN ESSENTIALS“

"How could that

"

incriminate

I submit that Humphreys' story him? In one way and one way in its essentials is true, the es-only. sential being that Dwyer invited "By proving he was on the booms. him to the boys' lecker flat for an That was the motive that he had for telling a lie. I suggest to you immoral purpose.

"Do you think that these sordid that the only reasonable explana- detalls were just inventions? Ition of so many things in this case submit that Humphreys was not is that Dwyer was guilty of the saying anything untrue. What crime... motive had he in giving false evi- dence, especially when he has ad- mitted that he was friendly with Dwyer?

You remember I mentioned a series of alleged coincidences. You remember;

#

A

Dickinson was shot from the "Humphreys has further stated booms in a night watch and Dwyer that Dwyer showed him some live had declared that he would shoot rounds of ammunition, and if his him from the booms on a night story is false it is a peculiar coin watch

Dwyer had declared ne would cidence how it fits in with the evidence of other witnesses on his shoot Dickinson on the first op- point,

portunity he bad; Dickinson was "There was no motive for Hum-shot when Dwyer was serving on phreys to give false witness. Inag-his first middle watch after mak- gest to you that you must belleeing that threat. what Humphreys has told you in the witness box

1

The best chance Dwyer would have of shooting Dickinson was "Let me assume for a moment between midnight and 2 a.m., be- that you don't belleve what Hum-cause Dayer was doing "tricks” phreys has said in this Court, or afterwards, Dickinson was shot at that he has not given any evidence 1.33 a.mj...

X

Dwyer asked if it was possible to at all Does it make much dif-

board 'H.M. ference? Humphreys has told you murder anybody on that a quarrel between Dwyer and ships and get away with it. Dickinson started from that time. Dwyer suggested there would be We don't care about that. All wea pande on board it a murder was do know is that Dwyer had said committed; 3 hours later,

T

that Dickinson was a moét ignor- įder was committed.

ant and most detestable person. Dwyer expressed a

mur-

Interfering its entirety.

(Continued on. Page 7)

with Dwyer and the latter show-

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We know, also, that he had threa- Dickinson would not get to Wel- tened to shoot Dickinson.

halwel. Before many hours elapsed

"Throughout the Crown's ease I that wish was fulalled. nave proved hatred and threat

Dwyer walked to the port door without Humphreys' evidence. of the galley fat within a few "It is true that some of my wit-minutes of Dickinson's golak uut to nesses have said that when they sleep. Dwyer did not return.

heard the threats they regarded Dwyer was crying an overcoat theid as idle, Eut you must re- on that hot night, and not for the