1938-07-13 — Page 2

PAGE 2 HONG KONG DAILY PRESS

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CRAVEN

COURTS

WEDNESDAY, JULY 13, 1938.

MR. MACNAMARA OPENS CASE FOR THE DEFENCE

(Continued from Page 1)"

to worry about him, as nothing! could be done.

Would that indicate a sense of

consequences.

1)

M H. C. Macnamara, for the de resignation? It would indicate a tence submitted in the morning that sense of realisation of what ne bad the evidence of a Chinese detective done and consciousness of the On Monday was extremely contra- dictory, that the Court should not

**HAD BEEN · INFORMED": believe that he cautioned the ac- Questioned regarding a particu- cused before taking e questioned ar form of insanity., known as Statement. Therefore, the state-apileptic equivalent. witness said ment could not be admissible. -such a state occurred when one did

tomatism.

SUMMONS FOR INCREASED MAINTENANCE

Kowloon Court Hearing

When the detective appeared at terrible things in a state of au- GERMAN DEFENDANT the house and saw the cook boy covered with blood and saw the scene to the house he knew then that, the cook boy would probably be charged in connection with the casé and a caution should have been administered then

Waldemar Bertram Steinbaher, Mr. Whyatt: Would such a persona German citizen employed by a lay his plans before hand?---No,

KNOW NATURE OF ACTS

›

jly drank with his friends who used

to say to him:-"Get Hd of that Russian woman.”

Replying to the magistrate wit ness said that previous to marry-

ng defendant, she was a widow As a result of her Arst marriage. the' had two grown up daughters, nt present residing in Bagulo

Shanghai firm was yesterday sum- moned before Mr. K. M. A. Barnett Witness alleged that on one oc- Sane in the legal sense means at the Kowloon Magistracy by his casion defendant publicly scolded hat a man knows what he is doing wife Nicolaes an Steinbalter, who her in front of another friend of and that what he was doing, in his asked for increased maintenance.

Witness arrived in Hong Kong case, was wrong. Is it possible in Complainant, giving

tremers, sunstroke of

!

evidence

his

Mr. J. Whyatt for the Crown said, that such statements were merely "beating the air and Mr your opinion for a person to be through an interpreter, stated that on June . When she arrived she résiding at 13, Hillwood went to stay at a hotel and her Macnamara was anxious to exclude mentally abnormal, suffering from she was

1 mental disease, and notwith- Road, top floor. She was married husband signed a paper guarantee from the evidence prisoner's state-standing that to know the nature to defendant at the German Con- ing payment for her lodging. The ment that: "I attacked the mas ter, the coolle attacked the mis

of hla acts and that those acts (sulate in Shanghai on october 10, secon day after her arrival wit- ness went to the Police Station, tress, and the gardener kept mental disease would not deprive

were wrong?-Yes, and ordinary 1934.

In 1934 they went to Nanking.to and out what she could do as watch." It was not contradicted him of that faculty except delirium Previous to their marriage, they she had no means. When witress that prisoner did attack the mas ter, and the Crowni would not con-equivalent.

epileptic were both living in complainants asked defendant regarding her boarding house in Shanghai When ford, the only answer she got war, cern itself with demanding of evi-

He might have such a grievous they went to Nanking, complainant "No, no: why have you come?” dence to prove that fast, but ra- form of disease that he would not sold her boarding house. They

NO AGREEMENT ther to show the state of mind of know what was right or wrong?lved in Nanking up to August 23, the accused shortly after the at-Yes.

Questioned by the Magistrate as 1937, when the hostilities forced tack, he said...

Ito whether any agreement had Is accused a man of low ment-them to evacuate:' His Lordship said he intended to ilty?-A little below average. Upon leaving Nanking they re-witness replied that no agreement been signed when they separated, Would that fact have any bear-turned to Shinghal and lived at Mr. Machamara then asked for theng at all on whether he knew an

had been entered into between address in Rue Cardinal right of reply:

what he was doing?-No bearing Mercier. On March 17, defendant them. As witness had no money Mr. Macnamara, quoting from

for her food when she arrived, she at all

left Shanghai for Hong Kong on Archbold, said that all answers to

Mr. Macnamara: "Suppose we behalf of his omice. When defen- borrowed $20 from a lady friend police constables in these circum-prove that there were similar at-dant left for Hong Kong he left of stances were. Inadmissible unlessį tacks of which he had no recollec- $100 for her at his office, which/Dald for her room at a boarding preceded by a caution. Counsetion that would make it more like-money she

received. Defendant house and gave her $20 to repay submitted that it would not be fairy that he was an epileptic equi- told witness that he would return to the lady. He also gave her $36 to leave that evidence to the Jury valent? Yes.

in two or three months time wi for her expenses. "It was with the in the drcumstances in which it

greatest of difficulties that I got Dr. Durran said yesterday that ness wrote letters to defendant had been given.

The thought there was no recollec- but her letters were returned torn this money from him." stated com- His Lordship. I still hold that tion of these fits afterwards, is that and enclosed in an envelope. In

plainant.. the evidence for the purpose for true? I don't think so. No re- one of her letters to defendant. Complainant alleged that defen- which it was tendered is ad- collection of the events perhaps. witness asked for $100 as she dant was earning a very substan-

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THE HONGKONG DAILY PRESS

Marina House, 3rd Floor, 15-19, Queen's Road Central

missible.

DR. THOMAS

The last witness called for the prosecution was Dr. G. H. Thomas,

of the Goverriment Medical Service:

Dr.

but the person would know he had wanted to go to Harbin. a fit, he would know there was a mental hiatus.

ADDRESS FOR DEFENCE This concluded the evidence for

hers. Defendant

eventually

tial salary, and asked for mainten- Questioned by the Magistrate as ance of $150 monthly. to why she wanted to go to Harbin, Magistrate: Have you any means witness stated that as the Shang- lor livelihood?—No. hat currency had fallen, it was im-

How did you manage to live be- possible to ccntinue living in tore your second marriage?—I had

two boarding houses. I have since

with the

medical officer for the past 10 years commenced his address for the de- turned witness's letters he wrote sold them.

Thomas said he had been the Crown and Mr. Macnamara Shanghal. When defendant of the Mental Hospital, and had fence by pointing out that the jury or a slip of paper stating that if what did you do more than 200 patients per year need not speculate on the fact that she continued to write letters to money?The money was used for in his care. These patients suffer-prisoner was represented by Coun- ed from various forms of mental

witness since these facilities were nade available by the Crown.

disease.

The accused remained in hu care from May 5 until June 10, and

continned.

sel, solicitor and an expert medical him, her allowance would be disthe house in Nanking.

WROTE TO FIRM

DÉFENDANT'S EVIDENCE

Giving evidence, Waldemar Ber The two points at issue were: witness continued saying that tram Steinbaher stated that he did Did accused kill Mrs. Challinor, she wrote to her husband's dire not wish to live with complainant. ind if he did kill her, was he sane several times asking them to assist when complainant came to Hong E not. On the first point, he did her to stop her husband going Kong." he took a room for her in

during that ane. witness, observed the man's mental condition, firstly, because he would have done so knowing the circumstances, and not think the jury would have out with his friends." Witness a certain hotel and paid her. De- been much doubt, considering the alleged that her husband frequent fendant stated that he was willing secondly, because he had asked to.

- Mr Whyatt: Did you at any time observe any symptoms in- dicating any known form 'öf, in sanity?

dence produced. On the second point he would like to recall that strictly speaking, the jury was

EMPLOYERS Chan Heng. a clerk of the Kung

to give complainant $100 a month

CO

condition that complainant

and would not continue writing letters to his firm,

After

ompetent to say that the prisoner STOLE MONEY FROM would not trouble him any more was insane on the facts alone and apart altogether from the medical

discussion, defendant. evidence.

The facts adduced by the pro-Foon Chat, linoort and export agreed to pay complainant à sum Did he answer you rationally?secution were so startling that they firm, was yesterday sentenced to

of $130

Dr. Thomas. I have not ob- served any.

He did,

until he felt better?-Yes.

agreement.

a month The case was He asked you not to worry at give rise to a suspicion in the five months imprisonment by Mr. then adjourned sine-die and both parties adjourned to the Magia. minds of the jury as to accused's Butters at the Central Court for trate's Chambers to sign a mutual Did he at any time say anything sanity. The total inadequacy of theft of 1820 in Chinese currency.

any motive was a point that was irrational?-None.whatever,

Defendant had been employed Later, did you ask him about the pot conclusive in itself but taken

in conjunction with other aspects. by the complainant firm for one wounds again?—Yes.

What did you ask him then?-t became an important considéra- year. On July 3 the firm received asked what had happened.

STATEMENT TO DUCTUR

tion. The extraordinary tricident the sum of 8820 and defendant

of tire assault on the servants, the took it from the bag and abscond- story told to Dr. Thomas which had led to Macao. no truth in it, accused's worry

A report was made to the police. Did he tell you?-He said there shout leprosy which he never had, and when defendant returned to was a conspiracy between himself were all points to consider.

Hong Kong, he was arrested.

and the other servants to injure Mr. Challinor bad gald accused sum of 8200 th local money wUA Mrs. Challinor. The house coolie, was stupid but only as a servant: found on his belson together with I can't remember if the gardener Counsel suggested that since accus-goods to the value of $80. was also in it or not, planned that ed was a servant, the jury could night to injure Mrs Challinor not find the distinction between They waited until late that night accused being stupid and stupid as for "one of them to come back. When all was ready, they crept peculiar strength which enabled have been telling a true story, but stealthily into the room. He him to fant so long against such when I think it over again. It is ammed with knives, and some big, strong man as Mr. Challinor not true! one else was armed with a ham-was the violence of the stab

a sérvant. There was also the

Why is that? Sometimes I think

Now éist your mind back to the mer. He was first and was pushed.) wounds, the shouta. of "robbery/light of May. 4. It has been do- into the room. The lignit was and the statement made to the lothing to a man named Lam Hel zosed that you took a basket of switched on, and there was à com- police as further evidence which motion, and he said Mr. Challinor the jury were asked to reconcile at No. 551 the Peak. Yes, I did take these things to his place. It attacked him. There was a terrine with the accused's sanity. scuffle and he alashed right and It was the presumption of the consisted of clothing, but I have

more clothing elsewhere.

sane.

'ACCUSED TESTIFIES

left and ran away. He went to law that a man was sane until the servants' quarters to look for proved otherwise and the defence the other kervants because he was would prove that accused was not angry with them for having fooled him into attaching the master. He hert went on to the foot, ́åfla

Going into the witness stand, ar- Jumped down. He was stunned

When he came to, cused admitted that there were momentarily and when he found Miraselt on the ground. He fome people who called him crazy. went up to the roof again and he had been to the Yanping Dis- made another imp. I can't re-trict Association in the city, and member whether it was during the had been accused of having broken Arst or second jump, but he also mirrors and other articles in the said he got a bottle of beer, broke club. Accused had learnt of these it and drank a half from a tréner names

How many days after he had Leung Hing.

יי יז

Why did you take the clothing o Lam Hell I put it there be cause my master said he was going Home. When I left the clothing soon lose my employment, and was with the man, I told him I would going back to the country, and said would leave my things with him and get them back on my return.

When was your master going away?--At the end of the month.

Why then did you take the clothes there at the beginning of the month? Hecause knew would not remain in employment.

been admitted into your care di Mr. Macnamara: You know what long, and thought it better to take he, give you that account?-About the charge against you is that of a week

Do you remember, a time of the

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omething there arst, such as my murdering Mrs. Challinor? [quiit, si While he was giving the story, accused, I was secused, of at- take it you were observing him tacking her, I don't know whetheright when you were: up on the during that time Was his de- had attacked her or not. I had not? Yes; I think I have been on meanour, during that time rational no reason for attacking her

Dr. Thomas has said that you or irmational? He spoke with that conviction, with that sense of old him that you and two other reality that he had done something servants had formed a conspiracy wrong? One day he asked me to attack your mistress? Some write, to : aged mother, his wife "mes I utter things which are not and two children, to tell them not true.

Why did you go up to the roof? -I,went up there because I felt ar earthquake. I saw a lot of people.

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