1927-12-20 — Page 2

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THE HONGKONG TELEGRAPH,

GOLD BAR THEFT..

ACCUSED FOUND GUILTY.

.

TUESDAY, DECEMBER 20, 1927.

"KEEP IT PRIVATE.

NOT THE SAME AS "KEEPING IT DARK."

MURDER TRIAL.

"FATHER ACQUITTED.

"Razor Found.

The theft of gold bafs, to the

Charged with the murder of his a Chinese value of 600 taels, from 'a' launch

Before Mr. R, E. Lindsell, at the 16-year-old daughter, belonging to the Wo Fat Shing: firm, Wing Lok Street, on October Central Magistracy yesterday af- from 88, Canton Road, Kowloon, 12, was recalled at the Criminal ternoon, a Chinese process-work- appeared before the Chief, Juatico, Sessions yesterday, before Mrer in the Photo-Engraving Depart-Sir Henry Gollan, at the Criminal Justice Wood, when an alleged ment of the Commercial Press at Sessions yesterday morning. Mr. Kennedy Town, was charged on re- Somerset Fitzroy is conducting the robbor appeared for trial: The prisoner, Tsol Fu, is charged for mand with making an impression case for the Crown and Mr. Hin- having, with others not in custody of a Central Bank of China note shing Lo, instructed by Mr. F. E. on board the launch Wo Fat Shing, design. Three other Chinese were Loscby, is defending. robbed Tam Shiu-tong of 600 taels charged with being accomplices.

The prosecution was conducted of gold bar, as well as with robby Sub-Inspector Carey, and Mr.

In the afternoon evidence was bing other members of the crew G. S. Hugh Jones appeared for all given by Detective Sub-Inspector of money to the total value of the defendants.

A. J. W. Dorling that on Septem- $28.08, a watch and a gold wrist Cheung Pui-sang, foreman of ber 24 he was called to No. 88 Canton Road, first floor at ten Evidence was given by those on the particular Department board the launch as to the roo-which the first defendant was en minutes past eight in the evening bers attack and how the prisoner ployed, stated that the Commer- and there saw the prisoner with The elder was sit- searched and robbed them and cial Press, amongst other things,two women.

undertook, the printing of bank- ting en a bed nursing the girl. carried, a pistol,

notes. They had printed notes for There was a wound in the girl's the Bank of Kwangsi, but had threat and in witness's opinion never at any time, printed Central

she, was dead. The prisoner was Bank notes...

lying on another bed, his "throat also being cut.

watch.

A constable who arrested the prisoner on board, the s.a. Kwong- tung said that on the way to No. 2 Police Station the prisoner told him that he came to the central district in a motor ear with two others. He, himself, immediately went on board the boat. He did not know where the other two had gone.

P

Gold Bar Found.

Recently, the first defendant handed witness what appeared to be a genuine Central Bank note and asked if a photograph could be taken to bring out the colours thereon. Demurring at first, with ness was at length persuaded to take the photograph in the belief that it was merely an experiment which would lead to a prospective big order for the firm. The result was not very successful, and he broke up the negative.

tt

A'statement made. before the Police Magistrate was also read, being substantially the same.

Witness discovered.

A sergeant interpreter, who took stained razor and a razor case,

prisoner statement from the when charged, read out the state- ment which was to the effect that his daughter had been sick for ton Evidence was given of the pri

days and his wife and himself Honer being searched at No. 2

nursed her day and night. "On Police Station, witness stating

account of my daughter I lost my that the man's shoes, and socks

appetite, I went to sleep that were removed. In his clothes they

night. When I awoke I saw some Became Suspicious. found two one dollar Hongkong notes and small coins. Inside, his Witness refused to make another men standing in front of me and left sock were found one ten dol- trial, st.pulating that the manag-they said they wanted to kill me. lar note and one five dollar note, er's authority must first be secur- fought them and after that I do One ten dollar note was found aed, and then became suspicious not know what I did." his right sock. Before the-search when the first defendant, together was completed. orders were receiv- with the fourth defendant, pressed ed for the prisoner to be taken to the business to the point, of offer the Water Pelice Station and it ing witness $100 or $200 for un- was not until another soarch was dertaking the work. He reasoned conducted there that the bar of with them that it was against the gold was found in the man's shoe flaw and that under no circumstan- A sergeant interpreter said that ces would he take another phots he read the charge to the prisoner graph, even if they were to pay ons October 14 when, he made the him a thousand dollars for it. following statement: I wan on The following day he saw the board the steam launch. I did not first and third defendants work- hold a revalver. I did not searching on a topper plate. They were any person. Ah Wang and Ah Suggaged in the process of transfer- tok me to take the wheel for them. ring an impresion on to the cop When alongside the store they told per, and he wast out and made a me in go ashore and on alighting port to the manager of his sus told me to get a motor car. Airl picions. Wine gave me $50 near the Chin Bank and told me to get the ste mer and go to' Canton'at once.

When the manager went into the room, and questioned, the first de fendant (the third defendant by this time had gone away), the lat ter asked the manager to keep the

A Distinction.

Mr. Sheldon raised the point as to the delay before the prisoner was charged and Detective Sub-ins-matter private. pector A.W. Dorling was call to speak on this point

In reply to his Lordship witness said the prisoner was arrested October 12. The delay was causa ed through the time taken in ob- taining statements from witnesses to find out what happened and what was stolen.

Mr. Hugh Jongs dieputed His Worship's interpretation of these words "as keeping it dark." "Mr. Hugh Jones drew a distinction be tween this and keeping it pri vate." which he said, might make a world of difference in the case of his client.

After being ordered out of the building by the manager, the first defendant never returned to the workshop again.

The case was adjourned.

That closed the case for the Crown and Mr. Sheldon expressed himself as satisfield with Sub Inspector Dorling's explanation. He went on to say that he was going to pursue an unusual course. inaemuch he was not calling evi-g dence neither did he intend to ad-again after he left the charge room dress the jury. If however, his at No. 2 Station but he did not Lordship adjourned the case, he again wear his socks, did not propose to bind himself that course.

Under those circumstance his Lordship decided that the ease could be concluded. Addressing the jury his Lordship pointed out that Mr. Sheldon had tried to show that the mental enlibre of the pri soner was not normal." There was no evidence of that, and if the pri- soner wanted to allege that, then it was for the prisoner's counsel to prove it.

He expressed the opinion that the Crown evidence was sufficient ly solid on which to record a con- viction and the prisoner's state ment favoured the case for the Crown,

i

the He crossed the "ferry to Water Police station in charge of the police and when he reached that station a second search was ordered in the presence of án inz- pretor. It was known to be a second search but nothing further was found on the prisoner.

His Lordship remarked he was doubtful as to whether the Crown had established a prima facie case.

Mr. Somerset Fitzroy replied. they were faced with very many difficulties and a lot was a matter of inference. It was quite cou

latent that anyone else might have done the deed, but the fact was badly that the girl's thront

cut and her father's only slightly, that the rather tended to show girl did not cut her own throat.

Insuflicient Evidence.

His Lordship pointed out that the evidence was purely circum- stantial and in order that the Jury could And against the prisoner there must be more evidence.

Mr Fitzroy replied that it was not the wish of the Crown to press the case and he did not want to

rgue on the matter.

His Lordship said it was a very, remarkable and extraordinary case and would be "difficult to argue about. He had come across only one case with similar features: 'That was when he was in Bermuda many years ago. He pointed out to the jury the circumstantial na- ture of the evidence and the fact that the prisoner's wife could not give evidence against her hus- band. The only thing he could ask them to do was to And that there was no direct evidence against the prisoner "and dis- charge him.

Without retiring, after a brief consultation, the jury returned a verdiet of "not guilty and the prisoner was discharged.

could avoid recording a conviction, If, however, the jury thought" it Yet, after detectives had taken possible that the prisoner was on the man away out of the inspec board without knowing what was tor's presence into a cell, and in- going on, or what he did he did un- cidentally after the coxswain of the der compulsion, then there might be launch had attended and made a some ground for returning a differ report, a seaman had stated in ent verdict. There was, however, evidence that the man's shoes were very little evidence of that fact. removed and the piece of gold then He added that if there was a eus- taken out. "I would not like topicion in the minds of the jury say on that evidence that the piece that members of the crew who had of gold was in the man's shoe on given evidence were privy to what the Kwongtung when he was ar was going on, he did not consider tested."

that that made any difference to the prisoner's guilt.

Unsatisfactory Evidence. Dealing with the searching evi- His Lordship went on to say that dence his Lordship expressed the that point was not chiefly the case Without retiring the jury "re- opinion that it was not satisfac for the Grown. Witnesses had turned a verdict of "guilty?" tory. The prisoner's shoes were identified the prisoner as searching | Mr, Sheldon asked leave to say removed from his feet at No. 2 them and carrying a pistol. Also a few words in mitigation of the Police Stallon. When searched in his statement the prisoner had offence. there other articles were found on admitted that he had taken the His Lordship decided to post- him but nothing was obtained from wheel and shared in the proceeds pone sentence until Wednesday theshoes. The shoes were ap at the last. His Lordship added morning when Mr. Sheldon could parently put on the prisoner's feet that he did not see how the jury make such remarks as ho wished. |

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