1938-06-25 — Page 9

הי.

HONG KONG DAILY PRESS

MR.

CABLES

JUSTICE LINDSELL'S SUMMING-UP

1

(Continued from Page. 8) presumption of innocence-that no man is guilty of an offence with which he is charged until he is proved guilty.

"The Crown in rebutting chat presumption is entitled to use ne only direct evidence from its own witnesses bijt also to rely if it can on statements made by the "cused which it can prove false.

"Coming to the first point of motive and intention, the evidence on both these points was given in the main by the same witnesses and it is not therefore easy to separate them... In the case of murder the Crown is not in need of a motive If the circumstances of the killing admit any explana Lion other than murder motive and intention are presumed in law, but if it is proved, motive.

tial ingredient of the crime.

then

wicked

to do deckwashing, a job for which|opportunity. It is common ground | "He identifies that coat as the under ordinary circumstances only again that in the next lị hours coat brought to him some days Ordinary seamen or boys would from midnight pisoner was up and have been engaged. Prisoner com- about the whole time. At any rate plained of having been given that he did not le down and go to sleep dirty job by Dickinson and said and his own evidence

like

later and that is the coat in court. He has told you in general that the coats on board are named and

tell you that in examining other coats on the ship he came across only two others without names.

he was going to get him for it. what he did himself during that suggest that statement shows dis period, I will read you once again or hatred rather than fear. his, own answer to the Board of Also in Singapore, prisoner said Enquiry as to what he did during Dickinson was bearing down "or that period." him and I will get the b......” I have said already there is no evi- dence of any such threats or state-

NO EXPLANATION Further on. His Lordship sold: There is no explanation of how Here His Lordship read out that coat has been used. Pri- Dwyer's statement.

Įsoner's account of his movements

make no mention of it.

"The statement gives you pri- soner's own version of what he did between 12 and 1.30. He was not, of course, asked to detail every Crown suggests, that that overcoat

"You must consider whether it It not a likely Inference, as the

ments of dislike or complaints of bearing down during the time be tweer. Sagapore and Sydney. but at Sydney you have more than one movement."

Here El Lordship detailed the His Lordship then compared various incidents to which wit-" those movements with the evi-to enable the smuggling of a rife

nesses had testined. That dence showed, he said, that soner hated Dickinson, wished him

was procured in the first instance

to recover it.

4

evidence in that connection given by and when the murderer fired this

shot and realised that many per pri- witnesses for the Crown.

Continuing: "It thus emerges suns on board must be aroused by it in his hurry to escape he must ill and toyed with the idea of that" from 1.20 to 1.33, a period murdering him.

of about ten minutes, prisoner was have forgotten that coat and with "The defence," His Lordship con.not seen in the immediate vicinity many people about for the next is stronger evidence of what is tinued, not unnaturally made the of the crime, and his own evidence half hour he had no opportunity called malice aforethought; that point that anyone seriously intend to the Board is not corroborated is to say, deliberate and

ing to commit murder would not in any respect. At the same time "The defence again counters intention to kill. It is the essen-nave blazoned that intention you must remember that there is with this question, as to whether aboard. You must give this point no direct evidence that he was. murderer of such intelligence as "The Crown here relies on tw the utmost attention.

when the shat was fired, anywhere this crime would seem to have de- motives, fear and hate. The fear "The Crown's case is that this in the vicinity at all. He himself manded would have attempted to relies in the main on the evidence was a most calculated crime which says he was then sitting on the remove the coat at 4 a.m. This of" Humphreys. You saw and the murderer must have thought starboard bollards..

is a cogent question. There was heard him in the witness box, out in detali.. How then is it likely "The evidence is unchallenged, nothing in it to indicate the owner, especially under cross-examination that he would have gone out of hues I say, that, for at least ten min-nothing to incriminate him. and you probably felt that he was way to describe to his shipmates utes during that crucial period he "Might it have not been possible an unreliable witness. The de his desire to murder-not only his was not seen by anyone. You have that seeing it there prisoner im- fence asks you in view of the many destre but to point out the very his own admission that the only|agined that no suspicion attached contradictions and discrepancies | spot from which he was going to person whom he himself claims to it, and thought he might as well which appeared in - his evidence do it?.

to have seen was that Chinese recover his property.... if prisoner under cross-examination utterly to discredit him.

connection with the conversation at "the parade and who in the box he tell the court he put it on the "I suggest to you, however, that with prisoner In the hotel in denied, he went to the heads.

fan cover? Commander Gardon- many of his equivocations may sydney, told us that prisoner sald Continuing the question of op- Williams has told you there is no have been due to a desire to at he had two rounds of ammunition,portunity His Lordship said that fan cover at the spot prisoner tempt to exculpate himself in and that it was his intention to the opportunity open to prisoner sald. respect of that disgraceful episode kill Dickinson-one round for was open to 850 other souls on "You can answer this question

anter.

SATURDAY, JUNE 25, 1938. --PAGE 9

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You remember that Morris, in whom he half-heartedly identified did not take it up there why JAPANESE

REVERSES

IN SHANSI

Klanghalen, Shand, June 24. More 'than seventy Japanesa wato

In Singapore, and in spite of these Dickinson and one round for him board, and if the evidence went in only one way the way the contradictions, it is possible that self. Is it possible that prisoner's no further than that he thought, Crown ask you to, then I suggest killed and a score of horses cap- the main feature of his story was intention to kill Dickinson was ac- the jury could not well be sailafed you have strong evidence crinnect-tured by Chinese troops during a true. These main features being companted. at that time at any that the case had been brought ing prisoner with this crime.

surprise raid which routed a de- (1) that he and prisoner | rate, by the intention that it home to prisoner.

tachment of about 300 Japanese, "One uther point on which the dia go together to the "Boys" came to murder, to kill himself "The Crown cause does not rest Crown relies is the evidence of when going from. Siacyl westward equipped with three armoured cars; locker that night. and for also. and when it did come to

there. I gues further.

It attempts Able Seaman Nicholson as to the for Chacklatsun on June 13.. what other purpose, could they murder his nerve falled?

to prove not only the spot from Indication of surprise given by have gone there other than for a MURDERER'S MENTALITY which the shot must have been prisoner when hearing for the sec- Repeated attempts by Japanese sexual act, in which possibly the

Murder is such a terrible mat-fired but also that prisoner was one time of the murder. The de- forces cornered within the gates of prisoner was willing to take

so utterly contradictory to in the vicinity of that spot at the fence has made a plausible sug-Sinklang in south Shansi to break active if not à passive part;

normal human Instincts that time It is obvious from the posi-gestion in connection with that through the Chinese stege on June (2) They were caught there by can be said that no murderer is tion of the booms that that shot defence. I do not think that takes. 21 were again frustrated by the Dickinson who said either to truly sane. It therefore becomes must have some from above and you very far-the whole of that prisoner or to both of them: dicult to apply the ordinary aft where Dickinson was lying.

evidence. I mean. have got you where I want you canons of logic in considering such now. In this connection you must cases. I am not suggesting for one femember that prisoner in answer moment that you might and ac to the questions of the Board o:eused committed this murder but Enquiry admitted in almost as was insane when he did it. There many words that Dickinson had can be no question of insanity here, made improper suggestions to him. "What I suggest s that the and being rebufted had retallated | mentality of a murderer by bullying and insults.

MOTIVES

FLIGHT OF BULLET

"That is all have to say to you the fight of the bullet was per- you to say whether that evidence "Lt. Norsworthy's evidence as to in respect of evidence. It is for

haps dimculs to follow. His met- has satisfied you beyond all rea hod of calculation was not sonable doubt that that fatal shot challenged though he appeared to was fired by the prisoner with the have made a mistake the first time, jintention to kil Counsel for the defence has not

vigilance of Chinese forces.

Opening a desperate attack, the Japanese tried hard to rush the

with heavy losses. Chinese positions, but were repulled

At the same time, another Japanese unit launched a deter- mined assault on the Chinese pool- tions at Chowchwang to the west of the town. Following a brier ex-

forced back to their original posts. -(Central News).

abnormal. In its recklessness and today attempted to convince you crime can be proved with complete, change of Are the Japanese were |

egotism as to disregard common

"This evidence is put before you | sense." to establish motives, and motives: alone.

His Lordship went on to say that It is no inference and cant was strange that accused should

be no inference. In English law, have gone out of his way to de- that because a man may be found clare his intention,

fere. hels more likely to committed another.

+

that the shot was fired from any position other than the booms.

"Lt. Norsworthy tells you that hole in the head the shot could following the ae back from the

强协

"In murder it is seldom that the

and entire certainty. There are very few eye-witnesses in cases of murder.

complete and entire certainty as "The law does not require such

that but it does require that each

He one of you-your verdict must be

you that to make it unanimous, be convinced, before

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France Will Not Tolerate

Occupation Of Hainan

tens to refuse protection for for- eign properties allegedly used by Chinese soldiers. Such actions, the journal says, are both unwar- ranted and unjustifiable accord- ing to international law..

BRITISH - INTERESTS " As far as Great Britain is con-

cerned, the journal warns that she should not, yield any more in

Paris, June 24. Should Japan violate the- Franco-Japanese Agreement of 1907 and attempt to accupy Hainan Island, France would be compelled to intervene, This dramatic announcement In the Arst place, there has to be guilty of one crime. there- It was not established that he only have come from that spot on

was made by a spokesman of the been no formal declaration of wir Foreign Ministry yesterday. who between China and Japan. Be- have cused was the only person on board the booms which you

hatred It is not part who

Dickinson. Several also tells

stated that the Jaland came with-conaly, Japan is invading China in possible that that bullet could you can convict, that the circum-

in the treaty.

violation of international treaties of the Crown's case, that because others had spoken of his unpopu- prisone: may have been gulty of larity. Wood had cald 'on account calculation must have been out. by able or possible explanation than have come from the galley his stanes admit of no other reason-

Regarding plans for the con-and."thirdly, foreign interests are sexual acts in Singapore he of Dickinson's unpopularity he

a minimum of eight inches foregullt; that it, that you should ar-

MITIC DEFEATED struction of a second railway from endangered by the war. more likely to have committed the would not have been surprised

north Indo-China to China proper, crime with which he is charged hear others uttering such thereats and aft and four inches up and rive at your decision with such

London, June 24, the spokesman stated that the today. That evidence is brought.

"I pass on now to the question down.

certainty as you would arrive In The first surprise in the Wimble project would in no way alter the and is corroborated to certalu of mears. wherewithal, as Mr. "It was suggested that owing to matters of great consequence in don tennis championships was existing situation. extent by prisoner's own statement D'Almada describes it. There is the faintness the report as heard the conduct of your everyday af- caused today in the fourth round I France so desired, he said, the face of Japanese advances, sa before the Board of Inquiry, to no doubt whatever that Dickinson by Nicholson it might have come fairs.

of the men's singles when the she could supply China with munt she has already given up too much show that he had

for was shot from a 303 bullet from from inside the galley. Nicholson I on the whole of the evidence Yugoslav, Mitic, sixth seeded play-tions by means of the existing of her interests fearing and hating deceased. a service rifle. It is not challenged did, however, modify that position you are not convinced of that er, was defeated by Max Ellmer, railway-Transocean),

in Manchuria, North China and the Yangtze "Gentlemen, if you believe the that prisoner himself admitted to in answer to me, that it might degree of certainty which I have the Swiss Davis Cupper.

Valley. main outline of Humphreys' story Regan that he had three rounds have made a difference if the end defined, you will then and prisoner

Elimér von by the scores of then the motive of fear, coupled and to Morris that he had tw of the rifle had been under a camp not guilty..

3-6, 6-2, 7-5, 1-6, 6-2,

Now Japan is threatening Cane. "If after considering and, weigh · | with hatred is established. You rounds of service ammunition

Should Britain continue to awning. If that, shot had been

In the same round, Puncec de- remember the Commander's evid his possession,

It is not chal fired from the booms it seems more ing up the whole of the evidencefeated 3.-8. Olf in three straight

give in, she will be forced to with- find lenged that prisoner belonged to than likely that the end of the you

yourself entertaining sets, 6-3, 6-3, 6-0.

East, the journal remarks. draw all her interests from the Far ence that homo-sexuality in a

The journal criticizes the French Government's attitude as weak- Japan's recent threat to extend

knead, although French public the sphere of hostilities to South

opinion is incensed regarding China, which has already been

Japan's accusation regarding sup- witnessed in her occupation of Mis Names Island and the extensive fails to establish a resolute stand, ply of arms to China. If France serial and naval bombardment of she may not be able to protect her interests in South China or

a motive

fear was present. but I suggest to

on

MEETING

A meeting of the Hong Kong Baseball League Committee was held at the Brook Club yesterday, commencing at 5.30 p.m.

The members present were Mr.

(Hong Kong Baseball 7-8

WOMEN'S SINGLES (Third Round) Heine Miller beat

"

Hughan (Holland) and Misi Gem Hoahing (China) beat Ian Collins

STIFF ATTITUDE URGED

Hankow, June 24 Great Britain and France are advised editorially by the Ta Kun

Hew of

ton

SLOW MOTION FILM OF FIGHT

candidate for ward-room promo. the ship's rifle club, the members rifle was under the awning which reasonable doubts-I don't mean H. W. Austin beat J. S. Comery, Pao to display a stéro attitude la tion would be fatal to his chances of which, including accused, were you noticed there........I think you fanciful doubts, but honest doubts a young Birmingham player, -1, the Far East now in and that prisoner was under con- several times, on the ranges be must be satisfied that the booms such as wil make you hesitate. 6-1, 6-3, sideration for such promotion. tween Singapore and Sydney. It was the spot from which the shot in the conduct of your own adults, There is also evidence that pri- was quite possible for any member was Ared. No other conclusion is ther again prisoner is entitled to

the range to obtain a few possible.

that doubt and you will find him sener spoke with Leading Seaman

rounds of ammunition and take

Mrs. Bye about such promotion.

"It remains to consider what not guilty..

"Please now consider your ver- Knight 6-0, 6-2. "In Singapore that motive of it away.

circumstantial evidence connects There is also the evidence of prisoner with these booms. In this

dict,"1

Madame Sperling beat Miss Hainan Island. you it was possible that as time the Master-at-Arms that in prespect the Crown relles on the

Thelma Coyne 6-4; 8-2.

Japan tries to stop foreign mill- even in French Indo-China, the passed and prisoner found that he soner's locker were found two live overcoat, the most important part

There was also a surprising re-tary supplies to China and threa- paper states (Central Neway. was not reported

In connection rounds of service ammunition such of that evidence. About 1.20 when BASEBALL LEAGUE salt in the second round of the with this act with Humphreys, tas may have been issued for use prisoner left the galley fat he

mixed doubles when Anderson may well be that that motive dis-on the range at Singapore. I was in tropical rig. He himself

(America) and Misa Jarvis (Br)- not challenged again that prisoner admits at the Board of Enquiry

defeated appeared and was

tain) succeeded by

Kho Sin-kle FUNERAL OF MRS. one of hate.pure and simple was at any rate a fair shot.

that shortly after one o'clock he

(China) and Miss Kay Stammen There is no evidence of any ex Master Gunner Paul that on that locker flat.

"As to weapon, we know from had fetched his coat from his

(Britain) 6-2,5-7, 9-1-

M.K. MORE pressions of hatred used by the prisoner towards or about Dickin-night some of the ship's service

"We have the evidence of Bye. son between Singapore and S./rifles were in unlocked racks and in who went along the booms about W. Muir (Chairman), Mr. F... J. and Lady Rowallan (Scotland) 6-1. Happy Valley yesterday evening |

particular rack 240. One. ride from, 12 or 15 minutes after the Molthen that rack was missing on May 2urder, who saw what he took to Club), Mr. W. A. Smith (Secretary- Miss Hothing gave a fine all- "There is also evidence that be an overcoat on the ventilator Treasurer), Mr. O. Guingam (HK. round display and was so accurate "The defence has suggested, in prisoner was up and about.

the starboard side on the Volunteers), Mr. R. Lau (Chinese that her opponents made every af connection with motive, that as

OPPORTUNITY.

signals store, and seeing what he Baseball Club), and Mr. W. Men fort to steer the ball clear of her Dickinson himself cannot well have reported the incident. If Hum- Further, le Lordship went on: took to be the same coat there on donica (Recreio).

It was decided to hold an Inter- phrey's story is to be believed the "We come now to consider how his return along the booms very motive of tear disappears. It is far, as described by evidence, pri- soon after..

national series, which will com- quite clear that motive must be a soner had the opportunity of Bring "Matthing, who was along themence as soon as the League is mixed one, and dictated not only the shot which led Dickinson. booms about 11.30.- sald he saw completed. The five teams entered by the efforts of Dickinson, to The first point is that at the time other clothing there but no cost. are U.S.A., Ching, India, Portugal, which prisoner himself has spoken of the murder both Dickinson and He was on the booms again at and the Philippines. Each team to seduce him but also by Dickin-prisoner were members at the 1.55 looking for a weapon and he will pay the other team once, son bearing down and putting it watch on middle watch. It was now found a cost and examined Baseball games scheduled for the on him. You remember, as re- the first time after Sydney that it. He told you it had no name week-end are:- gards Singapore, Harris' evidence that part of the watch was on and the loop at the back was miss- in connection" with ar Incident night' witch.

ing and some buttons were missing. when prisoner had been deputed

“You remember prisoner's state. He also found a muffler with a threat of some kiradi.”

ment at Bydney as regards first fringe at one end missing.

hey,"

"FEAR MOTIVE DISAPPEARS"

on

(Reuter).

New York. June 24.

A "slow motion. Aim shows very

The funeral of the late Mrs. Martha K. More took place at

and was largely attended.

Predecessed by her husband, the late Mr. Andrew C. More, of clearly that Schmeling was al- Messrs. Jardine Matheson and ready on the way to a knockout the Hong Kong Sugar Refinery, before Louis landed the decisive the deceased had been in failing rights to the kidney. Louis had health for some time?

the German" groggy with twenty. She leaves two children, Phyllis, one blows to the head and body THE WEATHER

the wife of Mrs. E.B. Morrison before the kidney blows. and Mr. Geoffrey Robert More.

The concensus of opinion of ex- The highest temperature record late or the Union Insurance of ed yesterday 91 dega F., made Canton and at present in South that Schmeling probably suffered perts watching the « nim was. Hong Kong swelter in the shade. Africa, pa It was two degrees hotter than the previous day when a mazmamma, "of On Wednesday at $30 p.m. HE Saturday, 2.15 pm. Chinese v. 89 dogs F. was registered.

the Governor will roll the st < Recreio.

Lowest temperature of the day ball at the opening of the Hong On Monday Lady Northcote Sunday, 9.39 m.; Recreio v.

was 82 dega: as against 81 degu on Kong Bowling Alleys, Lockhart will be host to fea to Girl Guides Volunteers.

the previous day.

at Bandilanda Hut at 4 p.z.

.

Road.

a spinal injury when falling. clumsily the first time-(Reiter).

£