1939-04-29 — Page 7

HONGKONG DAILY PRESS WAITER FOUND GUILTY OF MANSLAUGHTER

Wanchai Restaurant Case Concludes After Four Days

À VERDICT OF GUILTY OF MANSLAUGHTER was returned by the fory, after a retirement of thirty-three minutes, in the Cha Heune Sut murder case, which ended yesterday at the CH- minal Sessions. LA Fing-chun, a walter, who appeared on the capital charge for the murder of Hiyoshi Sagara, a Japanese sub- ject, was sentenced by the Chief Justice, Sir Atholl MacGregor, to seven years' hard labour.

Is

The case aroused trementous you find the prisoner guilty of Interca: among all sections of the anything whatsoever, your verdict population, and throughout the must be one of manslaughter and tour days hearing the court was even then I must ask you to add packed.

a rider recommending him to the utmost mercy.

Briefly, the Crown's allegation was that, having learned on the evening of January 28. of the kill-

PROSECUTION'S CONTENTIONS

FUNERAL OF MR. S. BOULTON

Large Attendance At Graveside

The funeral of the' late Mr. Sydney Boulton, of the Taikoo Dockyard, took place at the Colonial Cemetery yesterday, the Rev. J. Sandbach officiat- ing. The principal "mourners - were the deceased's daughter Miss Enid Boulton, Mr. and Mrs. A. Jillott, Mr. and Mrs. A. Andrew and Mr. and Mrs. Exell

COURTS

REFUGEE CAMP SCHOOLS

Appeal For Public Assistance

The Hongkong Emergency Re- fugee Council is making a special appeal to the pabilo for assistance in connection with its Referee Camp Schools, for which purpose a campaign will be started next week.

fur-

These refugee schools do not come within the scope of the re- fugee organizations and

ad from the Department of Educa- thermore, they do not receive any

tion.

CITY CAMPS

Mr. T. C. Barclay, Mrs. Q. T. Bird, Among those who attended were

Mr. A. Bransfield, Mr. J. A. Bum, Mr. J. C. Chalmers, Mr. J. Finnie, Mr. A, MacIndoe, Mr. R. McKibbin. Rev. E. Moreton, Mr. D. McColgan. North Point, where there are. 250 The City Camps are located in Mr. J. C, Polson, Miss Pendergast, in regular classes, King's Park, ing of his uncle and brother, and Mr. Whyatt said that what Dr. Mr. C. A Summer, Rev. HR with 200, and Ma Tau Chung with the rape of his sister-in-law, by Court had said was that had it Wells, Mr. N G. Wil Kay. Capt. 150. the Japanese in China, and think-not been for the wounds, Sagara and Mrs. Thirlwell. Mr. and Mrs. ing to avenge himself for these would probably have been alive, Willey. Mr. R. O. Wallace. Mr. Jable as class-rooms in each camp There are only two rooms avail- events, Li picked up a chopper and but if the jury found otherwise the Russell, Mrs. E. E Wilson, Mr. and these have to be used by the attacked Sugara at the restaurant. charge in any event could be re-Brendon Wilson, Rev. Wong and school children in relays. In ane Severely wounded. Sagara was duced only to attempted murder many others. taken to hospital, where he died and not manslaughter.

weather additional classes are held on March 4,

It was the duty of the defence Ron Son Keith

Wreaths from Enid, Enid and, out of doors. Mr. John Whyatt, Crown Coun- to establish insanity, said counsel, Grandsons Clive and Roger. Ruth and Nora and sel. prosecuted, assisted by Detec-who submitted that this had not and Arthur, Maud and Budd, Eliza. tive-Inspector W. N. Darkin, while been done and went on to say Roy and Don, Ursula, Evelyn, and Mr. H. G. Sheldon, K.C., instructed that, on the contrary, it had been John. by Mr. J. T. Prior, appeared for the established that the prisoner had buried with the casket.

Valerie and Diana were led a perfectly normal life.

defence.

The jury was composed of Messrs.

་་་

"How on earth," "asked Counsel.

B. J. Lacon (foreman), R. Johnson."could anyone say he was insane

R. L 8 Webb, Johnston Wong. F. Sanchez, M. Cario and Chan Kum-

K.C'S ADDRESS

to.

In his anal address, Mr. Sfeldon

"8

THE WREATHS

Wreaths were n140 sent by

Zn North Point Camp subsidiary

have recently been formed. classes of 200 additional classes

In this camp every child receives some hours of instruction dally.

In each of the city camps there- are also courses of adult educa- when immediately after his action Sisters and Brothers and Family in dining hut in the evening. These tion. These are carried on in the he gave the reason for it and went London. Este and Charlie, Eliza-courses are outside the school work to the police station? that show that he knew what he Wilson and Brendon, Mr. and made.

Does not beth Roy, Amah, Mr. and Mrs. Efor which the present appeal is ad done?”

Moir, Mr. M. R. Taylor. Mr. and Mrs. A. E. Moir and the Misses

Mrs. R. O. Wallace, Mr. and Mrs. 3. C. Ferguson, Mr. and Mrs. G. A.

submitted that the picture drawn Continuing, Mr. Whyatt said that by the prosecution that Li attacked a verdict of manslaughter could Sagara in cold blood to obtain re-only be returned If the story for

venge was accurate. because it had since been established that Sagara was a quarrelsome man, that he had taunted and struck

caught hold of him by the neck.

NEW TERRITORIES

the defence was accepted in its Burn. Mr. and Mrs, A. Stalker, Mrs more have been enrolled in classes.

entirety-slapping and scuffling be tweer. Sagara and Li

But if the jury accepted

part

of the story to the

T. Gandell and Mrs. F. E.. T. Mat- only Wiley, Mr. and Mrs. H. C. Higgs, tin and Family, Mr. and Mrs. F. J.

ex-

At the Camp in Kam Tin there are 300 in regular classes and 200 Class-rooms are available in the

school purposes, but the school large matshed specially built for

furniture, which is being made by

་

Li and that he had chased and tent that there had been words Nesbet. Mr." 3. B. Thomson, Mr.refugees in the camp, is not yet

Mr. and Mrs. A. Macindoe, Mr. G.

and Mrs. R. Norrie, Mrs J L complète. Thirlwell Mr. and Mrs. S. Simp-

and taunts. that would not be been

At San Uk Ling there are. 200

Witnesses for the Crown had all sufficient, because it had stated that they heard of no com-stated that when I retreated and son. Kir. and Mrs. G. H. Stewart in regular classes and at FanKing motion before the attack, but the walked away, he was perfectly Mr. and Mrs. W. B. Adams. Mr. and there are 150. jury must bear in mind that when calm and cool.

That being so, it

people went to a restaurant their could not be manslaughter, for it M. Pattinson. Mr. W. W. Green- attention was mainly directed to was only while a person lost con-berg. Benjamin C. Randali, Jr..!

weapon.

their food, their friends and their trol of his senses that tine law Eredele, Mr. and Mrs. D. L. Lyle... conversation, and not to looking would excuse the use of a deadly family. Mr. and Miss Pendergast, around Therefore, it could not be

Mr. and Mrs. W. W. Hirst and said that the slapping incident and the struggle must of necessity be

Cls and Bill, Mr. W. H. Lock. Mrs. JUDGE SUMS UP witnessed, by

Gandell and Family, Misses B. and Summing-up, His Lordship said C. Bone, Mr. and Mrs. W, Melrose,

everyone present,

FORTY YEARS RESIDENCE IN CHINA

Even the man at the meat stand, the case was a simple one and Mr. and Mrs. G. Gerrard, Mr. and Mr. Spalinger Leaves

·

On Retirement

from which place the chopper was asked the jury to rid their minds Mrs. W. G. Leong and Family, Mr. taken, could not say how and when of anything they had heard of. D. McColgan, Mr. and Mrs. J. Fin- this happened.

read and to disregard the nation-jnie, Mr. and Mrs. W. R. Oswald, The prisonner, Counsel went on.ality or lace of the dead man. Mr. and Mrs. G. T. Bird, Frank. was in a state of great mental dis-They should also not pay any at- Mr. D. Peoples, B. V. Hutchinson the firm bearing his name, with Mr. Ulrich Spalinger, founder of tress before be was taunted by tention to the terrible happenings and G. C. Moss, Mr. C. Cunning-offices in Canton and Hongkong, Sagara, and the remarks he made now going an in China, but to ar- ham, Mr. and Mrs. "R. B. Bell, Mr. and Consul for Switzerland · In after the attack must, therefore, rive at their decision on the evi- and Mrs. Seath and Joan, Mr. J. Canton since 1922, leaves on re- not be taken to show that he was dence alone. perfectly calm and cool prior to the

B. Thomson, Inspector Lam, Capt. tirement to-day in the 5.5. Conte His Lordship went on to say that and Mrs. J. T. Thirlwell, the Eng-Blancamano after over 40 years' incident, as the prosecution alleg although the case was one of mur-jlish Methodist Church, the Chinese residence in China, ed,

der there were a number of ver- Methodist Church, the Royal Artil- That Li was the man who inflict diets that could be returned de-lery Association, the Taikoo Back-China as silk inspector for Messrs. In 1897, Mr. Spalinger came to ed the blows was not disputed, but pendent, of course, on the views yard, and Engineering Company. Jardine, Matheson and Co., Ltą, the jury must consider with utmost taken. These verdicts were guilty the Committee and Members of He later established his own firm, seriousness the medical evidence of murder, guilty but insane, man- the Taikoo Club, Messrs. Butterwhich has been functioning in that dysentery contributed to a slaughter and attempted murder.[field certain extent to the death of There had not been any sugges-Watchmen, the A Wal Garage.

and Swire. the Chinese Canton and this Colony for over Sagara, said Mr. Sheldon, If the tlon throughout the proceedings jury was satisfled that this was so that would induce the jury to re-died at the War Memorial Hospital in Canton in 1922, he has retained

The late Mr. Sydney Boulton

30 years.

Appointed Consul for Switzerland then they must return a verdict of turn a verict of not guilty. manslaughter, for on the evidence

on Thursday afternoon after an" "If you accept the story of the liness of about three weeks. He conviction for murder was entirely Crown," Bald His Lordship, "omit- was 65 years of age. out of the question.

ting for the moment the evidence

BLIND RAGE

Dealing with the question of in-

sanity, counsel said that for such verdict the fury must and that

a

was suffering at that moment from

of the waitress, Chan Fong, there

is no evidence and no suggestion

Appearing on remand before Mr.

this position up to the present.

Mrs. Scalinger, who accompanies her husband home, ↳ a well-known figure in social circles and has played an important part in public

of anything that could reduce the R. Edwards at the Central Court welfare work in Canton.

charge to manslaughter. If on the yesterday, on a charge of assault,

other hand you accept the story Hui Lat, unemployed, was fined $5.

REGULATION

told by the prisoner in his second Hui was found guilty of having as- BREACH OF CHOLERA disease of the mind to such an ex statement to the police, the evi-saulted a married woman, Yu! tent that he did not know what hedence of Chan Fong, and the two Tsol-king, with a spanner, at Stan- was doing.

Principal witnesses for the cererice, ley Street, on Monday last. provocation that would justify a then there would be a degree of verdice of manslaughter."

On the other hand, it was poss. ble for a man to fly into a blind rage and immediately afterwards come to his senses. If this propos- tion was accepted, then it was a

a

His Lordship said that in such case the. Jury must consider

SATURDAY, APRIL 29, 1939 -PAGE 7

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AIRPORT NEWS Imperial Airways,

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Dorado, Della--4 and 5 pm

SOUTHBOUND

Tuesday: Hanoi, Bangkok. Delphinus-7 a.m.

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Following the warning, which was issued only a few days ago,| against the spread of cholera in reduce the offence from murder to the Colony, an arrest was made. manslaughter. The fact remains by police on Thursday in connec attack on an unarmed man seated vention of "Cholera Emergency Hongkong.

complete answer to the prosecu- whether the accused was justifler/that you committed a very brutal/tion with the breach of the Pre-

ing,

NORTHBOUND France,

Wednesday:

Hanoi,

tion's case that Li was taking re- venge and knew what he was do- stantly or instinctively, but after offence indeed, and

In using such a weapon, not in a cubicle. This is a very serious Regulations. "T"submit" concluded Mr. Shel- the lapse of a certain ime.

Service-1 pm. I would be Chau Kam, 34, unemployed, was don, "that all the evidence pointed

THE VERDICT

completely lacking in my duty charged before Mr. T. J. Houston Mediterranean vicinity, the English Note: Due to a delay in the to Sagara having taunted and siap-

I did not infiction you a very subat the Central Court yesterday mali due in Hongkong this coming After the jury had returned its stantial punishment." ped the prisoner, whose mind was verdict, the Chief Justice, in pass-

with having exposed for sale ice Monday will be delayed twenty- already filed with the terribleing sentence, said:"The verdict of Chief Justice expressed his thanks Chairman of the Urban Council until Tuesday. The Australian and After prisoner was led below, the cream without a permit from the four hours and will not arrive news which he had received and the jury, which I must accept, to the jury and exempted each He pleaded guilty to the charge Indian mall will probably be flown who, in a moment of blind rage, tended to show that you had such member from jury service for two and was ined $25, or, in default, to the Colony on Monday after. attacked him with a chopper. Ita degree of legal provocation as polyears..

one month's Imprisonment.

POP. AND THE HORSE WON TAIL UP

HE WANTED TO GO

HIS WAY -

I WANTED TO

IN THE END HEI TOSSED ME FOR IT!

GO MINE!

npon

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